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1996-06-18 CC PacketCity of Southlake, Texas June 14, 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 June 18, 1996. 1. Agenda Item No 4B City Manager's ReportThe City Charter in Section 9.41 requires the City Manager to submit a financial report to the City Council at its second meeting each month. Please call Lou Ann Heath, Director of Finance, or me if you have any questions prior to the meeting. 2. Agenda Item No 4D SYAC Annual ReportThe Southlake Youth Action Commission was created by Ordinance No. 610 in 1994. The stated purpose of SYAC, among other things, is to generate public awareness of and support for youth, to familiarize the youth with the workings of municipal government, and to give youth a voice on various issues concerning youth in the community. The ordinance requires SYAC to present an annual report to the Mayor and City Council no later than June 30 each year. I have attended many of the SYAC meetings, and Coy Gray, Administrative Assistant, attends each meeting. Our experience with SYAC has been very positive; it is our observation that SYAC has been a worthwhile experience for its members. Note that Brydie Andrews, SYAC Chair, will present the report. 3. Agenda Item No 5A Award of contract to Freese and Nichols for design of 20" and 24" water lines along SH 114. As noted in the memo from Bob Whitehead, Director of Public Works, this contract is for the design of the water lines which will provide the second point of delivery of treated water for our water system. Freese and Nichols, Inc., is currently working with other area entities that will be members of the proposed Northeast Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest June 14, 1996 Page 2 Regional Water Supply System, and has done work with the City previously. The total estimated construction cost is $1.3 million. The total costs for engineering services will be based upon 10.5% of the construction costs, not to exceed $136,500. Funds for this project are allocated in the Utility Fund. This item is an impact fee eligible project. 4. Aizenda Item No 5B Authorizing Mayor to execute Cooperative Purchasing Agreement between the City of Southlake and Denton County, is similar to other agreements in place with Tarrant County, the Houston -Galveston Area Council of Governments, and the State of Texas. As pointed out in the memo from Billy Campbell, Director of Public Safety, this type of agreement allows us to utilize the bid lists of the other agencies, reducing the time requirements of the bid process and also taking advantage of economies of scale. 5. Agenda Item No 5C Resolution No 96-31 Appointments to SPIN Standing Committee Note in the memo from Christel Bartlett, Administrative Intern, that the appointments have been recommended from the neighborhoods. Each member listed has agreed to serve. We place these appointments on the Consent Agenda rather than the Regular Agenda because of the process of taking the neighborhood recommendations. Note also that two vacant positions have yet to be recommended for appointment. Of the ten (10) vacant positions, five (5) will be reappointments, three (3) will be new appointments, and two (2) do not yet have a replacement. 6. Agenda Item No 5D Resolution No 96-39 in support of 1997 Automobile The Prevention Authority Grant. would if funded, be utilized by our Community Services Officer in crime prevention community education projects. Please call Director Campbell if you have any questions concerning this item. 7. Agenda Item No 5E Interlocal Contract for Backup 9-1-1 Services. will, if approved, formalize the current practice of the City of Southlake and City of Grapevine of providing backup services to each other in the event that 9-1-1 service is disrupted in one of the Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest June 14, 1996 Page 3 cities. As noted in the cover memo from Billy Campbell, Director of Public Safety, and the memo from Debra Drayovitch, City Attorney, the contract is a fair method of allocation of risk and provides a reasonable backup in case of a service disruption such as a power outage. g, Agenda Item No 5F Resolution No 96-43 authorizes the City Attorney to proceed with condemnation for a drainage easement on a portion of Joe and Carolyn Moore's property. This is as we discussed in executive session. The attorneys are working on the resolution and will have it available by Tuesday night. I finally was able to speak with Joe Moore this afternoon. I explained our dilemma and our position. He made it very clear that he does not like David Hardy, but that he would be willing to meet in my office with me and David Hardy, and would sign the easement if Mr. Hardy would agree in writing to replace the trees, replace the fence, and add gravel to his drive. These are all things that David Hardy has said he would do. We have put this item on the agenda to encourage Mr. Moore to meet and work out the problem. 9. Agenda Item No SG Resolution No 96-40, authorizes the Mayor to execute an agreement for Southlake to participate in the Tarrant County Community Development Block Grant (CDBG) consortium for the 3-year period 1997-1999. The memo from Tom Elgin, Planner, succinctly explains the agenda item. Staff recognizes that most of you have not been oriented on our participation in the CDBG program. Attached are copies of June 2, 1995 and January 12, 1996 memos from Greg Last, Director of Community Development, that will provide you background on our projects. Should you have any questions about these projects or the 1997-99 participation, please call Tom Elgin (053), Greg (050), or me (001). Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest June 14, 1996 Page 4 10. Agenda Item No 5H Variance to Subdivision Ordinance No 483-E Regarding Extension of the Validity of a Plat Showing for Richard and Debbie Garrett The memo from Chris Carpenter, Planner, succinctly explains the request. Since this request was received after the expiration of the plat, it must be processed as a variance to the subdivision ordinance. Staff does not have any problem in granting the request, since it has been previously approved. Feel free to contact Chris at ext. 786 or Tom Elgin at ext. 753 if you have any questions. This type of action is routine. In order to further orient the new members of the City Council, we have attached a memo from Chris with attachment examples of the most recent plat extensions. 11. Agenda Item No 7A ZA 95-55. Site Plan for Southlake Oaks. This property is historically known as the Truelove property. Some historical events may be pertinent to this application. A few years ago, the City negotiated a land acquisition with the Trueloves to acquire the rear portion of their property for future park development. A critical factor in that negotiation was the determination of the boundary line between the remaining Truelove property (this tract) and the City property to the north. The planners for the Truelove property evaluated all ordinances in place at the time and determined the north boundary line as it currently exists in order to comply with our ordinances. Since our acquisition of the property, we adopted the Corridor Overlay Zone requirements. The significant conflicts noted in the staff review summary (items 2A, 2B, 2C, 4 and 5B) are a result of these new regulations. Since the conflicts were created by our purchase of the land from the Trueloves, the Planning and Zoning Commission approved the request 5-0 deleting the items referenced with the exception of item 513, relating to the articulation which the applicant said they Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest June 14, 1996 Page 5 would meet. If you have any questions feel free to contact Greg Last who is familiar with the history as well as the current request. 12. Agenda Item No 8A ZA 96-59 Plat Revision of several lots in Monticello Estates Phase One. There are no unresolved issues regarding this request. The purpose of the request is to correctly show drainage easements on the impacted lots. There was a previous drainage easement encompassing the floodplain limits, which have since been recovered through procedures involving application to and approval from FEMA. Staff concurs with the easements as shown on the plat. The Planning and Zoning Commission approved 4-0-1. 13. Agenda Item No 8B ZA 96-61 Preliminary Plat for Mesco Addition Attached you will find a letter requesting that this item be tabled until the Council meeting on August 6. Their zoning request and concept plan are currently before the Planning and Zoning Commission. They are attempting to have both items before the Council on the same agenda. FYI, the Planning and Zoning Commission recommended approval 5-0. Feel free to contact Greg Last if you have any questions. 14. Agenda Item No 8C 1st Reading Ordinance No 480-200 ZA 96-62. Rezoning 1.379 acres from AG to SF1A. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval 4-1 with the dissenting vote cast because the applicants failed to show up to represent their request. 15. Agenda Item No 9A through 9J A=intments to the City Council's Advisory Boards and Committees. Feel free to ask staff about the workings of the various boards, etc. I would urge City Council to give attention to the need for continuity on the boards, but we do not normally offer suggestions unless asked. All of the boards/committees are important, but given the need to continue our relationship with the CISD through joint utilization, it would be particularly helpful if that committee's appointment could be looked at with continuity as a consideration. Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest June 14, 1996 Page 6 16. Agenda Item No 10A Developer Agreement for Coventry Manor. Phase II. The Phase II Agreement is a continuation of the previous agreement, as mentioned in the memo from Bob Whitehead. The salient "Other Issues" provisions are outlined in Bob's memo. The changes in the standard format are indicated through the use of highlight/strikeout. and/or electrical towers with equipment shelters at the base of the towers Mayor Stacy, Karen Gandy, Zoning Administrator, and I met with Primeco officials to let them know the City Council's concerns about the proposed use of the Brazos and TU Electric facilities for the Primeco antennas. Primeco requested that it be placed on the agenda to see if they could address City Council's concerns. Note there are two letters from Primeco. The June 6 letter to Karen Gandy from Cynthia Lucas, Manager -Site Development, sets out what Primeco is requesting. The June 14 letter to the Mayor and City Council is a formal apology from Douglas Athas, Director, for Primeco's action to install equipment without prior approval. The agenda item is worded specifically (but broadly so) to enable City Council to take action if deemed appropriate. pavement distress. As noted in the memo from Bob Whitehead, the slurry grouting is one of the three procedures recommended by the consultants for the existing distressed streets. Staff is requesting City Council to authorize a test section of 150 feet to measure the effectiveness of the procedures. If authorized, the testing will be in July with results reported to City Council in August. This schedule will allow us to consider alternatives during the budget process. Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest June 14, 1996 Page 7 It is estimated that the cost for this test will be less than $15,000 and will be funded through the street maintenance budget. 19. Agenda Item No 11A Discussion of Ordinance No 530-A adopting a new Animal Control Ordinance repealing Ordinance No 530 In reality, this ordinance will be a matter of revising the existing ordinance to enable the City to better deal with situations such as the "wolf -dog" incident that you all probably have heard about in Harbor Oaks. The proposed changes mirror existing state law dealing with dangerous animals, with a few additions to address particular concerns about our situation. The memo from Billy Campbell, Director of Public Safety, highlights some of the changes. We will discuss this in executive session. We expect this item to draw considerable attention from some of the residents in Harbor Oaks. If City Council requests us to proceed, we will bring this item back to you at a subsequent meeting along with changes in the impoundment procedures adopted separately. OTHER ITEMS OF INTEREST 20. New Personnel On Board - You may recall that the City Council authorized several new positions at mid -year. We have been in the process of recruiting and selecting the individuals to fill those positions and the following is a summary of where we are to date: Human Resources Administrator - As previously mentioned to Council, we have hired Lauren Safranek to fill this position. She brings to us 5'/2 years experience in public sector human resources management. Lauren began work on June 12. Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest June 14, 1996 Page 8 Administrative Secretary to the City Secretary - As most of you know, Linda Carpenter has chosen to serve the City in this position. Thus, the position she previously occupied was open. We have hired Nona Whitehead to fill the open position and she is already working part time. She plans to begin her full time duties on July 1. FYI, with the new position in the City Secretary's Office we have done some minor reorganizing. Nona will work primarily as support for the SPIN program, human resources, community groups, and other CMO projects. Public Information Officer - We have successfully completed the selection process for this position and the new employee will begin on June 24. We hired Tracy Southers, whose background is primarily in the private sector. She has a degree in Journalism from the University of Texas at Arlington and has worked in the Public Relations Department for a company called Control Systems International for the past 3 years. Tracy's work samples were excellent, and she has an enthusiasm and understanding of the job that was unmatched by the other candidates. FYI, although she will not officially begin her new duties until the 24th, she is planning to ride the bus with our S.H. 114 contingency on June 18. Firefighters- You will recall that the Council approved three additional firefighter positions at mid -year. Two of the positions have been filled with in-house candidates. Clif Altom and David (Bubba) Sizemore were both employed in the Public Works Department and taking training courses to become certifiable firefighters. We are pleased that they have been able to successfully complete their classroom training. Budget Officer/Chief Accountant - We are currently in the second round of interviews. The first round did not yield the level of employee that we were hoping to find, thus we readvertised. Lou Ann Heath, Finance Director, is hoping to make a decision soon. Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest June 14, 1996 Page 9 Planners - Greg Last, Director of Community Development, has hired Chris Carpenter as Planner I. You may know Chris, since he has been serving as the Development Clerk for the past several months. Chris has completed his course work for a Master of City and Regional Planning, and is completing his final project. His degree should be conferred in August. Resumes have been received for the Planner H position, but no appointment has been made. We are pleased to have all of this new talent on board, and are confident that it will not only make our work loads more manageable, but will also greatly enhance our ability to serve our residents. 21. SPIN Birthday Party - June marks the second anniversary of the SPIN Standing Committee's involvement with the City of Southlake. As such, they are planning a birthday party to celebrate! The party is meant to celebrate the achievements of SPIN, as well as to recognize current and former SPIN representatives. The birthday party, for which you all should have received invitations, is scheduled for June 27, 1996 at 6:30 p.m. at Bicentennial Park. It will be held just before the Standing Committee meeting. I encourage you all to take the time to attend. 22. Retreat Schedule - As discussed with you previously, this year's June Retreat will be coupled with an orientation session. The schedule is as follows: June 25 4:00 p.m. - 10:00 p.m. Orientation Session June 26 8:00 a.m. - 10:00 p.m. Budget Planning Session June 27 7:30 p.m. Joint Mtg. w/ CISD Board of Trustees We are finalizing plans now, and will be providing you with other details (location, etc.) as soon as we can. Thank you for setting aside some time for these important sessions. Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest June 14, 1996 Page 10 23. Public Works Update: Dove Road - Widening bridge at Dove and Lonesome Dove Roads. Dove will be milled, cement stabilized and repaved from Kimball to White Chapel. Estimated completion date is January 1, 1997. S2A Sewer - Working in vicinity of Hollis Johnson property on Johnson Road. Johnson Road should be opened for through traffic over the weekend, but will be closed again on Monday for Ridgewood, Phase H to install their sewer lines. These lines will connect to the S-2A sewer. Duration of Ridgewood work is estimated to be two weeks. Randol Mill Paving - Estimated start date is July 1. Duration of work is estimated to be 90-120 days. Vista Trails/Cimmaron Acres Neighborhood Sewer - Construction is underway and is approximately 4 weeks ahead of schedule. Remaining duration is estimated to be 4 weeks. Highland/Whispering Lane/Emerald Estates - Sewer work to begin in the N. Carroll area on Monday, June 17. Within the next 30 days, work should begin in the Emerald Estates area. S-7 Sewer - Work started last week along Brumlow/Highway 26 and is moving toward the Diamond Shamrock property. 24. South Carroll Avenue closure - Closure of the S. Carroll/Continental intersection was completed on Wednesday, June 12. The bridge at Continental has been removed and barricades and detour signs are posted. We have had some problems with citizens driving around the barricades and on Wednesday, we had to remove one car from the bar ditch. DPS is ticketing drivers who ignore the barricades and posted warning signs. 25. Parks Recreation and Open Space Master Plan Update - A draft report of the Parks, Recreation and Open Space Master Plan has been prepared. A telephone "needs" survey is being finalized and we expect to have the results of the survey in early July. The Parks Board will then hold a work session to finalize recommendations and forward their report to the Planning and Zoning Commission for comments. In July or August, the draft Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest June 14, 1996 Page 11 report will also be presented to SPDC and SPIN for their input. Public hearings should take place in August and September with City Council receiving the final recommendations in September or October. If you have any questions about the process, please feel free to call Kim McAdams, Parks and Recreation Director. 26. Speaking of Parks . . . The summer recreation programs have been very successful. Residents have enjoyed a variety of new programs such as track and swim teams, golf lessons, super tot camp, teen trips, movies in the park, and many other fun and exciting activities. The growth has been explosive this spring and summer with Parks and Recreation Department experiencing a spectacular increase in classes and participants. The following summary compares Summer 1995 to the current summer. Spring/Summer 1995 (April - August) # of Classes / Participants Spring/Summer 1996 (April - June 14,1996) # of Classes / Participants Pre -School 7 28 23 146 Youth/Teen 25 940 59 1515 Adult 14 62 33 913 Seniors 4 118 14 219 Special Events 1 1075 22 4386 Total 55 2223 158 7179 We are currently experiencing an estimated 300% increase in classes and participants over last spring/summer. It has been very exciting to see the growth of the department and the impact that the joint -use gymnasiums and facilities of CISD has had on our ability to offer Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest June 14, 1996 Page 12 additional programs. We are continuing to grow and look forward to just as exciting a fall schedule. If you have any questions concerning our summer programs, please call Kim McAdams. 27. Fire Services will conduct live fire training on Saturday, June 22, and Sunday, June 23, 1996 in the 2800 block of Johnson Road. They will be setting and extinguishing fires in an abandoned structure from 9:00 a.m. to 5:00 p.m. This is a unique training opportunity for Fire Services personnel and will enable them to provide better service to our residents. A public viewing area will be set up if this becomes necessary. If you have any questions, please feel free to call Billy Campbell, Director of Public Safety, or Fire Lieutenant Rick Black at 481-5581, extension 739. 28. Budget Work Sessions Reminder - City Council/staff budget work sessions are scheduled for August 13-15, with the first public hearing and first reading at the August 20 City Council meeting. If you have any questions, please feel free to call LouAnn Heath. 29. Municipal Complex Planning u ate - The Facilities Planning, Bond Election, and Finance subcommittees continue to work on their portions of the planning process. The Joint Use Planning subcommittee has finished its work, presenting their recommendations to the Facilities Planning subcommittee at a meeting on Wednesday, May 8, 1996. The members of that committee have now joined the Facilities committee. The Facilities Planning subcommittee has been conducting site visits to other municipal complexes, developing a revised concept plan for the site, and interviewing department directors about space needs. They have also requested space requirement information from Carroll ISD. Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest June 14, 1996 Page 13 As an aside, there have been comments made by some subcommittee members concerning the quality of information and the seeming indifference by CISD to work with the committee in providing them the requested information in a timely manner. It should be remembered that the City staff has been involved in this process for some time, and as recently as last year, did a comprehensive internal review of our space needs. CISD has not had this luxury and any seeming unresponsiveness on their part, is probably due more to their lack of readily available information, than to any indifference in pursuing a joint use complex. The Finance Planning subcommittee has developed a model framework projecting the next five years' revenues and expenditures. They will use this model to determine the affordability and magnitude of a proposed municipal complex. We have tried to communicate this to the subcommittees. The Bond Election subcommittee has been developing a list of potential questions that may asked in a bond election campaign, planning to use this information to develop a "Q&A" sheet. They have also been reviewing resource materials concerning other successful bond election campaigns, and beginning to think about a strategic plan for conducting the campaign. 30. Water Conservation Planning - Given the lack of rain this year, the impending drought conditions, and the limited water storage capacity of the City, Public Works has begun working on a Water Conservation and Drought Contingency Plan. The plan is still in its early draft stages at this time, but Bob Whitehead intends to have it ready for presentation to City Council at the June retreat. The plan includes a public education and information component as well as a drought contingency action plan to be implemented at various stages. Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest June 14, 1996 Page 14 Currently, we provide all new water customers with brochures containing water conservation tips and ideas for water -saving landscaping. If you have any questions or would like copies of the brochures, please call Bob Whitehead. 31. Colleyville-Grapevine-Southlake (CGS) Teen Court Update - The Teen Court has been very busy these past few months. Our new Teen Court Coordinator, Sean Leonard, has been aggressively working to reduce the backlog of cases in his two months on board. The CGS Teen Court has disposed of 93 cases since mid -April, has 78 cases currently in progress, and has categorized and classified an additional 155 cases for future court dates. Sean has also been actively working to recruit more community service sites in order to provide more opportunities for the teen defendants to complete their community service hours in a timely manner. On a related note, the Teen Court Advisory Board awarded $2,700 in scholarship money to five outstanding seniors who served as teen attorneys during the past year. 32. Backyard Composting Bin Update - In February the City was successful in gaining a $30,000 grant for the establishment of a backyard composting program. The grant comes from the Texas Natural Resources Conservation Commission (TNRCC) and is distributed through the North Central Texas Council of Governments (NCTCOG). The grant money is for the purchase of composting bins and promotional material. To date, the program has been an outstanding success and a model cooperative venture between the City, Keep Southlake Beautiful, and the private sector. The program provides a free composting bin to residents upon completion of a two-hour composting seminar. Parks and Recreation held the first seminar on May 14 in the Community Center. Bert Whitehead, Master Gardener, Master Composter and author, is teaching the seminars. Due to high demand, a second seminar was held on May 29. When the June seminar is completed, approximately 102 households will have participated. Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest June 14, 1996 Page 15 We experienced some initial difficulties in obtaining delivery of the composting bins but the majority have now arrived. Tex Art Stone, a local landscape company, has agreed to store the bins at a significantly reduced rate and Keep Southlake Beautiful has agreed to pay for this storage. In the near future, you can expect to see a resolution authorizing the Mayor to sign a contract between the City and the NCTCOG for the distribution of the grant funds. Some definitions and minor terms still need work in order to adapt the contract from its generic form. This work is in progress. If you have any questions, please feel free to call Edward McRoy, Administrative Intern, at extension 759. 33. Throughfare Plan Update. In your packet is a memo from Tom Elgin, Planner, describing the Master Thoroughfare Plan process to date. If you have any questions regarding this project, feel free to contact Tom at ext. 753. 34. Neighborhood Complaint. concerning ball field in the back yard of Roy and Vicki Johnson, 1208 Timber Court in Continental Park Estates. We have received a petition signed by most of the residents on Scenic Drive and Timber Court, a copy of which is attached. I met with Mrs. McRae in my office and told her I would have the Zoning Administrator issue an opinion, and if it is not an authorized use we would have it discontinued. Karen was out of the office this week but she will return Monday. Also attached is a memo from Greg Last in response to my inquiring about Mrs. McRae's concerns. 35. SH 114 Austin Trip. Attached are the hotel and travel arrangements for the trip to Austin Monday, June 17. Those of you flying out of DFW Monday at 5:15 p.m. can meet me and Bob Whitehead at City Hall at 4:00 p.m. to car pool to the airport. Honorable Mayor and Members of the City Council Agenda Item Comments and Other Items of Interest June 14, 1996 Page 16 36. Note the enclosed invitation to our SDPS officers concerning the annual Watermelon feast at Bicentennial Park, Monday, July 8. I would encourage you to drop by if your schedule permits. 37. Retirement of Jerry Williams Deputy Director of Fire Services Note the attached memo from Billy Campbell concerning the retirement of Jerry Williams. We will miss Jerry, but I believe Campbell will be making the right choice with the selection of Captain Wilson as Acting Deputy Director. 38. Note the addition of another lawsuit on your executive session list and attached hereto. We will discuss in Executive Session. Because of the new appointments and the need to study the items before consideration is given, it would be unreasonable and inappropriate to have a regular meeting. The items on the agenda will be considered at the next regular meeting which will be July 18 due to the July 4 holiday. 40. Also attached is a copy of a memo from Richard Croteau, President Timarron, to the homeowners of the Timarron community concerning the announced sale of Mobil Land Development. 41. Note also the study prepared by Dr. Weinstein, University of North Texas, for the Metroport 114 Partnership concerning growth in the 114 corridor. A City of Southlake, Texas MEMORANDUM January 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: 1996 Community Development Block Grant (CDBG) Application Sanitary Sewer Improvements for Sutton Place Staffs project recommendation for the 1996 CDBG grant program is construction of sanitary sewer and associated improvements for Sutton Place Addition (Sutton Lane.) As you can see on the attached memorandum dated June 2, 1995, this project is consistent with the CDBG "Timing of Approvements" as approved by City Council on June 6, 1995. The project entails construction of an offsite sewer main connecting to a branch of the "S-2" main, construction of a sewer collection line within Sutton Lane, service connections to the collection line for each of the residences in Sutton Place, and backfilling of existing septic tanks. Attached is a draft of the CDBG application prepared by Cheatham & Associates containing project information, environmental conditions assessment, detailed cost estimate, and project location map. Please place this as a discussion item on the next City Council agenda. We are advertising the required public hearing for your next meeting on February 6, at which time we will request formal action on this item. If you have any questions or would like additional information, please don't hesitate to contact me or Tom Elgin. GL/te att: Memorandum dated June 2, 1995 Draft of 1996 CDBG grant application C.IWRRPROJECTSICDBG961CC DISC.WPD City of Southlake, Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Authorizing the Mayor to execute professional services contracts with Cheatham and Associates for the preparation of legal descriptions and exhibits for Community Development Block Grant projects in Oak Hill Mobile Estates Addition and Sutton Place As you may recall during previous CDBG discussions, we have recently received confirmation that Sutton Place and Oak Hill Mobile Estates have been approved as qualified target areas under the CDBG grant program. We are bringing this item forward for Council direction at this time due to the need to acquire needed R.O.W. or easements prior to submittal of the 1996 CDBG application, typically in January. We need to proceed with the required research and exhibit preparation as early as possible so that we will have an eligible CDBG project this upcoming year. Following you will find an approximate schedule for proceeding with the necessary research and R.O.W. acquisition prior to submitting the 1996 application. TIMING OF IMPROVEMENTS: The construction of water, sewer, streets and drainage improvements for both additions will be a multi -year implementation due to the limitations in annual funding provided by the program. The engineering staff feels that it is likely that the S2A sewer line will be in place and in service prior to the N-1 (McMahan) sewer line and this would make it more feasible to construct improvements in Sutton Place first. Our estimation of phasing at this point, pending level of interest by target area owners, would be as follows: CDBG CDBG CITY YEAR PROJECT PARTICIPATION PARTICIPATION NA R.O.W./Easement Preparation - Sutton Place (FY 1995-96) 0 12,440 NA R.O.W./Easement Preparation - Oak Lane (FY 1995-96) 0 21,835 1996 Sutton Place - Sanitary Sewer 131,745 0 1997 Sutton Place - Water Improvements 86,720 0 1998 Sutton Place - Streets and Drainage 140,000 82,307 1999 Oak Lane - Sanitary Sewer (possibly 2 year project) 130,000 103,330 2000 Oak Lane - Water Improvements 112,225 0 2001 Oak Lane - Streets and Drainage 145,000 75,797 BUDGET IMPLICATIONS: These projects, although funded mostly by the County, will still require expenditures on the part of the City. In effect, we would be leveraging a small amount to City of Southlake, Texas gain a greater benefit. As shown in the previous chart, R.O.W. and easement preparation would come from FY 1995-96 funds. This would be funded by the Utility Fund. The chart also shows that there may be City participation required above and beyond the CDBG allocation to do a certain portion of the project. Some additional phasing or staged construction might be pursued which would lower or reduce the City participation amount. Any costs of acquiring the needed easements would also be a cost to the City, outside the CDBG funding. Public works staff will incorporate these costs into future budgets for your consideration. Please keep in mind that all of these stages and costs for the program improvements are rough estimates at this time. We will be back before Council to receive direction many times regarding these projects as well as discussing the costs during the budget review sessions. PROCESSING: Staff will need to coordinate some neighborhood meetings as soon as possible to discuss the CDBG opportunities for improvements with the citizens in the targeted areas. We intend to describe the program and the timing of the improvements. OTHER ISSUES: There are some ancillary issues which we are aware of but have not resolved at this time. The City of Keller is currently providing water service to the residents in Sutton Place. There may need to be some type of buy-out for Keller to transfer these accounts. Oak Lane is being served by a private water system (CCN Number 11566) owned by a Mr. McKee. We are unsure at this time what his position will be with regard to the proposed CDBG improvements. We will forward you information pertaining to these issues as we resolve them. Please feel free to call me if you have any questions. GL/ls enc: Professional service contract for Oak Lane Professional service contract for Sutton Place Engineer's Estimates for Sutton Place Engineer's Estimates for Oak Lane cc: Bob Whitehead Lou Ann Heath Ron Harper Eddie Cheatham Tom Elgin CAWPF \PROJECTS\CDBG96\CC-I .REV City of Southlake, Texas MEMORANDUM June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Chris Carpenter, Planner 1511, SUBJECT: Further clarification of agenda ite or Council meeting of June 18, 1996 The responsibility of monitoring the expiration or pending expiration of plats which have been previously approved but not filed is that of the applicant and their consultant, as noted in Section 4.01 (H) 1 (and further in Appendix 7) of Subdivision Ordinance 483, as amended. Staff periodically notifies applicants that their plats have either expired or that expiration is eminent. This is done as a group and not for selected plats. We sent such notices out in March, and that is the reason that this issue has suddenly become common. There are two processes to follow depending on whether or not the plat has expired. If the plat has not expired, the applicant may ask for an extension as allowed in 483-E, Sec. 4.01 (I) 3. If it has already expired, they must ask for a variance to Sec. 4.01 (I) 2, thereby allowing them to file their plat. The following is a chart detailing some pertinent information from recent plat expiration -related items which have recently gone before the Council for approval: Council Applicant Request Ordinance Reason Council Action Meeting Date/ Section Item April 2, 1996 / Richard and Variance to Sub. Ord.483-E Failed to Approved Consent Yolanda Sub. Ord. (plat Sec. 4.01 (I) 2 request filing Agenda McPherson had already expired) May 21, 1996 / Viran Nana Extension of Sub. Ord.483-E Needed more Approved Consent Expiration Date Sec. 4.01 (I) 3 time to address Agenda (Plat Showing) requirements June 4, 1996 / Timarron Extension of Sub. Ord.483-E Unsure when Approved Consent Expiration Date Sec. 4.01 (I) 3 next final plat Agenda (Prelim. Plat) would be filed June 18, 1996 / Richard and Variance to Sub. Ord.483-E Failed to This Agenda Consent Debbie Garrett Sub. Ord. (plat Sec. 4.01 (I) 2 request filing Agenda had already expired) City of Southlake, Texas The following pages represent the original memos which accompanied the cases before Council. If you have further questions, please call. Lj--4r_ CLC G:\WPF\MEMO\STAFF\CEMITEM-5E.WPD G:\WPF\MEMO\STAFF\CEH\ITEM-5E.WPD City of Southlake, Texas MEMORANDUM TO: Curtis E. Hawk, City Manager FROM: Tom Elgin, Planner SUBJECT: Variance to Subdivision Ordinance No. 483-E, Section 4.01(I)2 (Plat Expiration) Extending the Validity of the Plat Revision of Lots 12-R-3-A & 12-R-3-B, Block 4, South Lake Park Addition On August 15, 1994, Richard and Yolanda McPherson submitted a request for plat revision to subdivide their 2.35 acre single family residential lot on Ridgecrest Drive into two lots. Their plat revision request was approved by the Planning & Zoning Commission on September 8, 1994, and by City Council on September 20, 1994. The plat revision, however, was never filed of record, and, because it has been longer than one year since Council's approval, the plat revision has expired. The McPhersons are now ready to file the plat, and, as explained in their attached letter, are requesting a variance to section 4.01(I)2 of Subdivision Ordinance No. 483-E as stated below: "2. All other plats: A Final Plat, Plat Revision, Amended Plat or a Plat Showing which has not been recorded in the County Plat Records within one year of the date of approval shall expire. " Staff have reviewed their plat mylar originals and find no problems with them. The plats are ready to be filed at Tarrant County courthouse should Council grant the McPhersons variance request. A location map (tract map) and a reduced copy of the plat are attached for your convenience. Please place this item on the next Council agenda for their consideration. TE att: Letter Yolan<Mcon dated March 21, 1996 Location MaReduction of tr Lots 12-R-3-A & 12-R-3-B, Block 4, South Lake Park Additio G:1 fVPF ilfEMOIST.-IFFICEMSBDV VAR. WPD City of Southlake, Texas MEMORANDUM TO: Curtis E. Hawk, City Manager FROM: Tom Elgin, Planner SUBJECT: Request for the Extension of Plat Expiration Date in Accordance with the Subdivision Ordinance No. 483-E, Section 4.01(n 3, for the Plat Showing, Lot 6, J.G. Allen No. 18 Addition. Section 4.01(I)3 allows the owner of a property to request an extension of the one year expiration date for plats upon written petition to City Council. Please find attached a letter from Mr. Viran Nana requesting a 60-day extension to the May 22, 1996, expiration date of the Plat Showing, Lot 6, J.G. Allen No. 18 Addition. Mr. Nana's property is located on the south side of Johnson Road approximately 2500 feet west of Randol Mill Avenue. His request for a single -lot plat showing was approved by staff subject to the review letter dated May 22, 1995. Apparently, Mr. Nana is needing additional time to address comments #4(C) and 5 on the letter. A copy of the review letter and a reduced copy of the plat are attached for your convenience. Please place this item on the next Council agenda for their consideration. TE att: Letter fro iran N ated May 13, 1996 Staff Review L dated May 22, 1995 Reduction lat Sh ng, Lot 6, J.G. Allen No. 18 G:IWPFIMEMOISTAFFICEHWANA EXTWPD City of Southlake, Texas MEMORANDUM TO: Curtis E. Hawk, City Manager FROM: Tom Elgin, Planner SUBJECT: Request for the Extension of Preliminary Plat Expiration Date in Accordance with the Subdivision Ordinance No. 483-E, Section 4.01(1)3, for the Preliminary Plat of Timarron Addition, Villages E, F & G. Per Subdivision Ordinance No. 483, a preliminary plat shall expire "...one year from the latest date of filing a Final Plat on a portion of said Preliminary Plat in the County Plat Records." Section 4.01(I)3 of the ordinance, however, allows the owner of a property to request up to a one-year extension of the expiration date of a preliminary plat upon written petition to City Council. Steve Yetts, Development Manager, Timarron, is requesting a one-year extension to the preliminary plat of Timarron Addition, Villages E, F & G. The final plat of the Village G portion of the preliminary plat was filed of record as Timarron Addition, Brenwyck, Phase 2, on March 10, 1995, and the final plat of the Village E portion of the preliminary plat was filed of record as Timarron Addition, Strathmore, on August 4, 1995. The Village F portion of the preliminary plat, therefore, would expire on August 3, 1996. Mr. Yetts is unsure that he will be able to file another final plat prior to the expiration date, and he is requesting that the expiration date be extended to August 3, 1997. A copy of Mr. Yetts' letter, tract map and preliminary plat are attached for your convenience. Staff does not have a problem with granting the extension as requested. Please place this item on the next Council agenda for their consideration. att: Letter from ve Yetts ed May 31, 1996 Tract Map Reduction a Preli Plat of Timarron Addition, Villages E, F & G G:IWPFIMEAI0ISTAFFICEHITMRN EXT.WPD City of South lake, Texas MEMORANDUM June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Tom Elgin, Planner SUBJECT: Master Thoroughfare Plan Update The update of the Master Thoroughfare Plan (MTP) began in January of 1996 with the award of the Contract for Services to Lee Engineering. Lee Engineering was the recommendation of the consultant selection committee consisting of CC, P&Z and staff representatives. The initial objectives of the MTP update were public awareness & education, solicitation of public input, and review of technical aspects of transportation planning with P&Z. The first two objectives began in late January with a staff briefing of the MTP update at a SPIN executive committee and at a P&Z Public Hearing in early March to educate citizens as to the MTP process and to canvass citizens' viewpoints on thoroughfares within Southlake. In February, P&Z, staff and consultant began bimonthly work sessions to accomplish the third objective - discussion of the technical aspects of the MTP including transportation modeling, review of existing & anticipated future development, MTP process & scheduling, etc. Please note that all P&Z work sessions are public meetings (open to the public.) The discussion topics of the March and April work sessions were examination of future traffic projections on thoroughfares (results of the transportation model), resolution of issues raised by the citizens during the course of the MTP update, and definition of a level of service desired (minimum acceptable traffic conditions.) As a result of these discussions, the P&Z has reached preliminary consensus in the May meetings on the locations and number of lanes for thoroughfares within the City. P&Z's next task is to consider potential roadway cross -sections —for example, which four -lane roads should have medians and, if so, should they be undivided and paved continuous turn lanes or should they be divided, grassed medians. At the June 6 P&Z meeting and the June 13 work session, staff and consultant presented supplemental information to the Commission for their evaluation. Issues such as access, impacts of the on -road and off -road trails, sufficient right-of-way widths and roadway costs were discussed. The continuation of these discussions are tentatively scheduled for a work session on Monday, June 24. If you have any questions regarding this project, feel free to me at 481-5581, extension 753. TE G:• PVPRWTGICEHMEM011996106-18MEW.WPD / � � zd PETITION AGAINST BASEBALL FIELD IN CONTINENTAL PARK We the under signed residents of Continental Park residing on Scenic Dr. , Timber Court and other property owners who are part owners of existing lake are requesting that the field belonging to Roy & Vicki Johnson be returned to residential property. The baseball field which was built on Johnsons property has resulted into its use as a public park on the lake. It is presently being used 2-3 nights a week and on Sundays as a field for organized softball & baseball teams. This has caused undo hardship on surrounding neighbors as well as an immensely high liability for owners of the lake property. The excess traffic on the dead-end street this generates is a hazard for our children who must ride or walk in the roadway. Anyone who wishes to walk in the evening must do so in the middle of the road. Property owners adjoining Johnson's have experienced a total lack of privacy in our yards as well as inside our homes, children have been instructed by coach to retrieve balls by climbing fence into a swimming pool areas, children have used trees as bathrooms etc. The citizen of Southlake voted for extra taxes for our Parks & recreation, which resulted in numerous playing fields throughout the city. We are requesting that these fields be utilized in place of our residential neighborhood. /a a V. Z07 2�- ,�cA:ic 13 0 + 0&1. i wts f Pr PETITION AGAINST BASEBALL FIELD IN CONTINENTAL PARK We the under signed residents of Continental Park residing on Scenic Dr. , Timber Court and other property owners who are part owners of existing lake are requesting that the field belonging to Roy & Vicki Johnson be returned to residential property. The baseball field which was built on Johnsons property has resulted into its use as a public park on the lake. It is presently being used 2-3 nights a week and on Sundays as a field for organized softball & baseball teams. This has caused undo hardship on surrounding neighbors as well as an immensely high liability for owners of the lake property. The excess traffic on the dead-end street this generates is a hazard for our children who must ride or walk in the roadway. Anyone who wishes to walk in the evening must do so in the middle of the road. Property owners adjoining Johnson's have experienced a total lack of privacy in our yards as well as inside our homes, children have been instructed by coach to retrieve balls by climbing fence into a swimming pool areas, children have used trees as bathrooms etc. The citizen of Southlake voted for extra taxes for our Parks & recreation, which resulted in numerous playing fields throughout the city. We are requesting that these fields be utilized in place of our residential neighborhood. 10, Tllo� City of Southlake, Texas MEMORANDUM June 13, 1996 TO: Curtis Hawk, City Manager FROM: Greg Last, Director of Community Development SUBJECT: Ball Park in Continental Park Estates In Karen Gandy's absence I asked Stefanie to research the ball park issue you mentioned in Continental Park Estates. According to the City of Southlake Zoning Ordinance No. 480, Section 45.1.11, a Specific Use Permit for Outdoor entertainment centers (including ball parks) is permitted only in "C-3," "C-4," "13-2," 1-1," and "I-2" districts. The property in question is owned by Roy and Vicki Johnson and is approximately 2.506 acres located at 1208 Timber Court, Lot 8R1, Block 2, Continental Park Estates. The current zoning is "SF-2013" Single Family Residential. Although unrelated, attached is a letter from Vicki Johnson, property owner, regarding a ZBA case (# 253) proposing a day care center on a property adjacent to the privately -owned lake in the neighborhood. Let me know if you want us to pursue anything further. GL/ses cc:Karen P. Gandy, Zoning Administrator G AWPF\MEMO\MISC\BALPARK. WPD 9. Public, semi-public and private golf courses ogether with related clubhouse, pro -shop and maintenance/ storage buildings, provided no building is closer than one hundred (100) feet from any adjoining side or rear property lines or closer than fifty (50) feet to a public street right-of-way line. 10. Golf driving range. 11. Outdoor entertainment centers (including ball XX parks, miniature golf courses, golf driving ranges, batting cages, carnivals, archery ranges and similar uses). 12. Athletic stadiums, public or private, when located adjacent to a thoroughfare or collector street. 13. Studios designed for the practice, education or training in art, dance, music, drama, photo, or interior design. 14. The location of day nurseries or similar child care activities, if said activity is dearly designed to support neighborhood quirements in the residential areas lying in close proximity to the specific use site. 15. Gasoline filling station in conjunction with a convenience store. 16. Kennels 17. Veterinary clinics for large animal care, to include such restrictions as the City Council deems necessary for protecting adjacent_ properties from negative environmental impacts. 18. Equestrian riding stables, tack rooms, show rings, and rodeo grounds, either private or when operated as a business, provided adequate measures are employed to prevent health hazards to humans or animals, and adequate controls are used so as not to create offensive nuisances or odors. 19. Dude ranches catering to temporary guests housed on the premises. 45-5 DISTRICT WHERE PERMITTED AG, I-2 AG, C-3, C-4, I-1, I-2 C-3, C-4, B-2, I-1, I-2 AG, RE, SF-1A, SF- 1B, SF-30,SF-20A, SF-20B, MF-1, and MF-2 C-1 C-1 C-1 C-3, C-4, B-2, I-1 AG, I-2 AG Irti S" � ,, of . �/ - . t• o[ r �� •c .: ,d, t. " ,, .74 AK v 1`y- i qr 40 56so M } F r •1 Vk f. ..risr OSW �M z QI .t 6 Y t � 1 r;� 1 •�- lP N. n n c 71 ♦ c>f ov► t •� C N" H d , foot - r - t,;,,.'y• y �,!<. , , i_ , J 5.91 Odd rA a � J � I y co, j '> p i x.- 1 �\ 14, P Oil kd V y SAW • Ol ' a of Lp 24 April, 1996 RECD APR 2 5 1996 Karen Gandy City of Southlake Zoning Administrator (817) 488-5097 FAX Re: Special Exemption Use Permit Case #253 Dear Ms. Gandy; I am opposed to the Special Exemption Use Permit being requested by Kimberly M. Todd for in -home day care. Ordinance No. 480, Section 44.3 (7) states, in part: "The Board of Adjustment shall further make a finding that the granting of the variance ... will not be injurious to the neighborhood or otherwise detrimental to the public welfare.". Ordinance No. 480, Section 44.3. (7) (c) (3) further states, in part: "No special exception shall be granted unless the Board finds ... that the special exception is wholly compatible with the use and permitted development of adjacent properties either as filed or subject to such limitations and requirements as the board deems necessary to protect adjacent properties.". * Continental Park Estates is a well -established RESIDENTIAL neighborhood. Commercial enterprises, especially one presenting increased traffic -flow (both vehicular and pedestrian) do not belong in a residential development. * Allowing the requested variance would DIRECTLY affect and inhibit the occupants of 17 other homes, as Scenic Drive provides the only access to homes located on Scenic Drive and Timber Court. * The corner of Scenic Drive and West Continental, .the site of the proposed day care center, is already an extremely dangerous area. West Continental is the main road utilized by vehicular traffic for Carroll Elementary School and is a secondary artery for Carroll High School traffic. Allowing the day-care center to operate at this locale would not only place Ms. Todd's clients and children in danger, but would also directly affect the welfare and safety of the occupants of all vehicles utilizing the road. * Both Lots 12 and 13R have frontage on a small, jointly -held private lake. Because this is a private waterway, the City has no jurisdiction and therefore no liability with respect to the health, safety and well-being of the children placed under Ms. Todd's supervision. As a citizen who 'owns' part of this lake, I am not willing to assume any additional liability for Ms. Todd's clients and children. Allowing this variance would force all property owners fronting the lake to assume such a liability. * A small artery of Bear Creek runs under the road in front and along the southwest boundary of Ms. Todd's property, and feeds directly into the lake. During the rainy season - indeed , after any significant rainfall - this artery becomes a raging torrent. Several hundred feet of Scenic Drive, including the area directly in front of and on either side of Ms. Todd's house, becomes impassable due to high water. Several times each year, the City completely blockades off the street due to the danger posed by the high rushing waters. * The uncovered opening of the drain pipe that is supposed to handle the increased water flow also poses an extreme danger, to both humans and animals. Because of the enormous amount of water trying to force its way through a comparatively small pipe, a large whirlpool is created. During the 17 years I have lived in this neighborhood, there have been numerous waterfowl and neighborhood pets that have been sucked into the whirlpool and drowned. The opening of the drainpipe is approximately 25' - 35' from Ms. Todd's property. There are several more exemplifications I could site, but I believe the above -stated facts, in addition to the others submitted by fellow residents of Continental Park Estates, offer sufficient reason for the Board of Adjustments to deny the Special Exemption Use Permit being requested by Ms. Todd. Respectfully, Vicki J. Johnson 1208 Timber Court Southlake, Texas 76092 (817) 488-6195 (214) 261-0000 City of Southlake, Texas • w • , 0 June 13, 1996 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Deputy Director of Fire Services Jerry Williams' Retirement Deputy Director Williams has tendered his retirement papers to Texas Municipal Retirement System He is seeking retirement effective July 31, 1996. Because of the budget process, and in order to maintain an even flow of service to the community, effective Monday, June 17, 1996, I will be appointing Captain Wilson to the Acting Deputy Director position (Deputy Director Williams concurs with this appointment). He will have full authority to exercise all duties and responsubdities of this position in order to continue service delivery to the city and maintain harmony within the organization. Captain Wilson is an extremelyqualified, motivated individual and I will provide him a six month window of opportunity. At the end of that six month period we will evaluate the progress of the Fire Services Division and either make a permanent appointment, or seek applicants through the usual channels. I have a great deal of confidence in Captain Wilson and feel that he will serve us in this capacity for many years to come. Deputy Director Williams has served our community with respect and dignity for approximately four years, and we should all wish him well in his endeavors. Cr BC/bls cc: Jerry Williams, Deputy Director Williams Garland Wilson, Fire Captain NJ CAUSE NO.�q —� t D/FW -WHITE CHAPEL, LTD. { } IN THE JUD CIAL, UgECE ARC VS. { } DISTRICT COURT OF {} STATE OF TEXAS AND THE CITY OF { } SOUTHLAKE, TEXAS { } TARRANT COUNTY, TEXAS ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: CONIES NOW, D/ W - WHITE CHAPEL, LTD ("WHITE CHAPEL"), Plaintiff herein, complaining of THE STATE OF TEXAS ("STATE"), TARRANT COUNTY, TEXAS ("TARRANT COUNTY") and THE CITY OF SOUTHLAKE, TEXAS ("SOUTHLAKE"), Defendants, and for cause of action would respectfully show the Court the following: Plaintiff D/FW - WHITE CHAPEL, LTD., is the partnership owning the property the subject of this suit which is located in Tarrant County, Texas. Defendant STATE OF TEXAS may be served with process by serving Dan Morales, Attorney General, Supreme Court Building, Austin, Texas 78711. Defendant TARRANT COUNTY, TEXAS may be seved with process by serving Tom Vandergriff, County Judge, 100 E. Weatherford, Ft. Worth, Texas 76196. Defendant CITY OF SOUTHLAKE, TEXAS, may be served with process by serving Sandy LaGrande, City Secretary, 667 N. Carroll, Southlake, Texas 76092. �a WHITE CHAPEL owns-9.0 acres of real property in the T. Hood Survey, Abstract 706, as M set forth on the plat attached hereto' as Exhibit "A" and incorporated for all purposes. This property is located -within the Mu risdictional limits of the City of Southlake, Tarrant County, Texas, �- Ci L and has frontage along State Highway1 14 and White Chapel Road. ORIGINAL PETITION - Page l 960 /001 [Doc.0 3. In 1988 the STATE, TARR.-kNT COUNTY, and SOUTHLAKE advised WHITE CHAPEL that a portion of said property would be subject to condemnation for the expansion of State Highway 114. No final plans were provided to show WHITE CHAPEL how much of the subject property would be necessary for said expansion. 0 In 1995 WHITE CHAPEL entered into a contractual agreement to sell 45,000 square feet of the subject property to a third party, as set out on Exhibit "B," which is incorporated as if fully set forth herein. The contract of sale, which would improve the subject property, was conditional in part on the approval by SOUTHLAKE of a survey of the tract. 5. WHITE CHAPEL was advised by the SOUTHLAKE, that access to the proposed sale and improvement of the subject property would be denied on White Chapel Road because of the impending expansion of State Highway 114 by the STATE and TARRANT COUNTY. The third party immediately thereafter voided the contract of sale. M, The actions of the STATE, TARRANT COUNTY, and SOUTHLAKE have unreasonably interfered with WHITE CHAPEL'S use and enjoyment of its property. Such actions as set forth above constitute a taking, damaging, or destroying of WHITE CHAPEL'S property for public use without adequate compensation having been made, thus violating Article 1, Section 17 of the Constitution of the State of Texas. WHEREFORE, PREMISES CONSIDERED, D/FW - WHITE CHAPEL, LTD., Plaintiff, requests that the STATE OF TEXAS, TARRANT COUNTY, TEXAS, and the CITY OF SOUTHLAKE, TEXAS be cited to appear and answer, and , hAt N on fifinal t - E T' } WT Jhat T CHAPEL have and recover: L ORIGINAL PETMON - Page 2 960_ 001 Doc.O A 1. Judgment against Defendants STATE OF TEXAS, TARRANT COUNTY, TEXAS, and the CITY OF SOUTHLAKE, TEXAS for a sum in excess of the minimum jurisdictional limits of this Court for the taking, damaging, and/or destroying of Plaintiffs property, plus pre judgment interest on that sum; 2. Post -Judgment interest as provided by law; 3. Costs of Court; and 4. Such other and further relief', at law or in equity, to which Plaintiff may be entitled by this pleading or a proper amendment thereto. ORIGINAL PET'I71710N - Page 3 960_i001/Doc.0 Respectfully Submitted, LAW OFFICES OF EDDIE VASSALLO, P.C. EDD ate Bar No. 20503000 3710 Rawlins, Suite 1200 Dallas, Texas 75219-4276 214/559-7200 Telecopy 214/559-7209 Attorney for Plaintiff I VIV- m -.,V HIBIT A 0 EXHIBIT B THE STATE OF TEXAS DISTRICT COURT, TARRANT COUNTY CITATION Cause No. 048-164303-96 V - WHITE CHAPEL, LTD. VS. STATE OF TEXAS AND THE CITY OF SOUTHLAND, TEXAS TO: CITY OF SOUTHLAKE, TEXAS BY SERVING ITS CITY SECRETARY, SANDY LAGRANDE, 667 N. CAP -ROLL, SCLTHLAK E, TEXAS 75�92. You said DEFENDANT are hereby commanded to appear by filing a written answer to the PLAINTIFF'S ORIGINAL PETITION at or before 10 o'clock A.M. of the Monday next after the expiration of 20 days after the date of service hereof before the 48th District Court, 401 W. Belknap, in and for Tarrant County, Texas, at the Courthouse in the City of Fort north, Tarrant County, Texas said PLAINTIFF being D/FW-WHITE CHAPEL LTD. Filed in said Court on May 30th, 1996 Against STATE OF TEXAS, TARRANT COUNTY TEXAS, CITY OF SOUTHLAKE TEXAS For suit, said suit being numbered 048-164303-96 the nature of which demand is as shown on said PLAINTIFF'S ORIGINAL PETITION a copy of which accompanies this citation EDWARD VASSALLO Attorney for D/FW-WHITE CHAPEL LTD. Phone No. (214) 559-7200 Address 3710 RAWLINS REGENCY PLAZA #1200 DALLAS, TX 75219-4276 Thomas A. Wilder , Clerk of the District Court of Tarrant County, Texas. Given under my hand and the seal of said Court, at office in the City of Fort Worth, this the May 31st, 1996 BY / i^ ll'%�l�l�' \ �i�l I JL J— Deputy P Y STEPHANIE M. HENNNES Led 'E: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the who issued this citation by 10:00 AM. on the Monday next following the expiration of twenty days after you were this citation and petition, a default judgment may be taken against you. Thomas A. Wilder Tarrant County District Clerk 401 W. Belknap Fort Worth, Texas 76196-0402 Received this Citation on the on the day of OFFICER'S RETURN day of 19 at within the county of , State of 19 by delivering to the within named (Def.): o'clock M; and executed at at o'clock _M defendant(s), a true copy of this Citation together with the accompanying copy of PLAINTIFF'S ORIGINAL PETITION, having first endorsed on same the date of delivery; by serving Authorized Person/Constable/Sheriff: County of By Fees $ (Must be verified if served outside the State of Texas) State of County of Signed and sworn to by the said to certify which witness my hand and seal of office State of Deputy before me this day of , 19_ County of , State of EXPLOSIVE GROWTH IN THE 114 CORRIDOR L� Implications for Infrastructure and Future Development Prepared for Metroport 114 Partnership Task Force C June 1996 By i H Gross, PhD, B Weinstein, PhD and T Ciower, MS University of North Texas Center for Economic Development & Research Table of Contents List of Figures and Tables 1. Introduction and Overview 2. Population and Economic Growth in the 114 Corridor 3. Special Circumstances Affecting the 114 Corridor 4. Implications for Future Development of the 114 Corridor References 4 14 17 21 Figure 1 Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 Table 8 Table 9 Table 10 List of Figures and Tables Map of SH 114 Corridor and its Major Employment Centers Change in Resident Population, 114 Corridor Cities, 1990-1996 Ten Fostest—Growing Cities in the Dallas —Fort Worth Metroplex, 1990-1996 Change in Resident Households, 114 Corridor Cities, 1990-1996 Housing Units and Value Added in the 114 Corridor since 1990 Change in Employment, 114 Corridor from DFW to Alliance, 1990-1996 Commercial Buildings and Square Footage Added in the 114 Corridor since 1990 Projected Change in Resident Population, 114 Corridor Cities, 1996-2010 Projected Change in Resident Households, 114 Corridor Cities, 1996-2010 Projected Change in Employment, 114 Corridor from DFW Airport to Alliance, 1996-2010 Ranked Importance of Incentives and Location Factors N E 2 4 5 6 6 7 8 .9 10 ff;� 1. Introduction and Overview 11 f urp•se • this Rem This report, prepared for the Metroport 114 Partnership Task Force', documents the comparatively rapid population and employment growth that has occurred along the 114 Corridor since a 1990 and charts the additional development likely to take place through the end of the next decade. Academic and professional literature related to the role of public infrastructure in business site selection and regional development is also summarized. (' Unlike fiction or the theater, in economics no harm can come from premature disclosure of l+ the plot. The major conclusion of the data analysis and literature review is that further improvements to the 114 Corridor's principal arteries -- State Highways (SH) 114 and 170 -- should be viewed as an economic development imperative, both to accommodate a steadily increasing volume of motor fvehicle traffic and to ensure that traffic congestion does not jeopardize the ability of Corridor communities to compete successfully for new businesses and capital investment. l., 1.2 The 114 Corridor Defined r Broadly defined, the 114 Corridor is an approximately forty —mile stretch of SH 114, from its intersection with Interstate 35E in Dallas to Interstate 35W in Fort Worth (see Figure 1). The Corridor includes some of the fastest growing communities in Dallas —Fort Worth and links several of its major employment centers, including Dallas —Fort Worth International Airport (DFW), Alliance and Irving's Las i Colinas Urban Center. . State Highway 114's function as a link between DFW and Alliance - deserves I particular emphasis: DFW is the nation's second busiest airport, while Alliance is an increasingly important multimodal distribution and industrial development facility. Together, they represent the key transportation hub of the mid—continent United States and make Texas more competitive nationally lJ and internationally as a location for business and industry. It is also important to note that SH 114 exerts a strong influence over development in fast—growing southern Denton County since businesses and residents of Flower Mound, Highland Village and Lewisville make heavy use of the rood as an 'Composed of representatives from the following communities and organizations: City of Colleyville, City of Grapevine, City of Hoslet, City of Irving, City of Keller, City of Roanoke, City of Southloke, Town of Trophy Club, Town of Westlake, Denton County, Alliance i �,, Development Company, Maguire Thomas Partners, Timarron land Corporation, TU Electric and Wright Development Company. ortery to Irving and Dallas. Moreover, once the 100,000—seat Texas Motor Speedway comes on line later this summer, SH 114 will carry even more traffic to and from Denton County. For purposes of this analysis, however, the 114 Corridor is defined more narrowly to include eight "core" communities along an approximately twenty —mile stretch of SH 114 from its intersection ' with SH 121 to Interstate 35W. These communities include Colleyville, Grapevine, Haslet, Keller, Roanoke, Southloke, Trophy Club and Westlake. They are linked by their close proximity to SH 114 and by their explosive population and economic growth since 1990. r Figure 1. Zp of SH 114 Corridor and its Major Employment Centers r ...__._.._......... _............................ _ _ _ __._._....._...____ . __. ............._.... .. ».. ___.._._.._.._....»». .»..... iJ 1s 2 1.3 Data and Other Source Material Most of the demographic and employment data used in this anolysis were obtained from the North Central Texas Council of Governments. Additional data were furnished by 114 Corridor communities, Alliance Development Corporation, Dollas—Fort Worth International Airport, Maguire Thomas Partners and the Texas Employment Commission. Relevant literature was drawn from peer —reviewed academic and professional journals. Detailed citations ore found at the end of this report. 3 2. Population and Economic Growth in the 114 Corridor 2.1 Demographic andEconomic Trends in the 114 Corridor:— Since the last decennial census in 1990, 114 Corridor communities have experienced phenomenal population growth. As Table 1 shows, between 1990 and 1996 the eight Corridor cities l grew by 5.7 percent per year, a rate roughly five times the national average. In comparison, the Dallas Fort Worth metropolitan areal as a whole grew by just 1.8 percent per annum during the six — year period. Among Corridor cities, the fastest population growth —= 18.5 percent per onnum -- (" was recorded by Southloke. Keller and Westlake also posted population growth rates above the 114 Corridor average. In total, 114 Corridor communities have added nearly 24,000 residents since 1990. Table 1. Change in Resident Population, 114 Corridor Cities, 1990-1996 Average Annual 1996 1990 Percent Change Colleyville 16,750 12,724 5.3% I i Grapevine 33,800 29,198 2.6 Haslet 1,050 795 5.4 Keller 19,350 13,683 6.9 Roanoke 1,890 1,616 2.8 Southloke 14,950 7,082 18.5 Trophy Club 4,750 3,922 3.5 ^' Westlake 250 185 5.9 114 Corridor Total 92,790 69,205 5.7 OFW Metroplex 4,296,500 3,885,415 1.8 EJ Source: North Central Texas Council of Governments (April 1996), 1996 Current Population Estimates and authors' 71 estimates. ij r 2The Dollos—Fort Worth Consolidated Metropolitan Statistical Area (CMSA) includes Collin, Dallas, Denton, Ellis, Henderson, Hood, Hunt, Johnson, Kaufman, Porker, Rockwall and Tarrant Counties. CMoreover, as Table 2 illustrates, two 114 Corridor cities -- Southloke and Keller -- were ,.• among Dollos—Fort Worth's ten fostest—growing cities between 1990 and 1996. With it's average g growth of 18.5 percent per year, Southlake ranked third behind Frisco and Flower Mound. Keller, (' which posted population growth of 6.9 percent per onnum between 1990 and 1996, ranked ninth (� among Metroplex cities along with Plano. tI __-............ _......__._ _ __...___.._..._._........._.._..._......................_,1990-1996 _...._ _..............._... __..._..._.....__..._.._ _ Table.. 2. Ten Fastest —Growing Cities in the Dallas —Fort Worth Metroplex Average Annual Rank City -- 1996 1990 Percent Change 1 Frisco 16,450 6,138 28.0% t s 2 Flower Mound 33,800 15,527 19.6 3 Southlake 14,950 7,082 18.5 i ' 4 Highland Village 10,800 7,027 9.0 5 Allen 29,450 19,315 8.8 6 Coppell 25,500 16,881 8.5 7 Rowlett 34,400 23,260 8.0 8 McKinney 31,250 21,283 7.8 9(tie) Kelle[ 19,350 13,683 6.9 — 9(tie) Plano 181,050 127,885 6.9 Source: North Central Texas Council of Governments (April 1996). 1996 Current Population Estimates. t , In turn, fast population growth has resulted in similorly rapid growth of resident households -- and, consequently, a marked -:increase in the number of motor vehicles on SH 114 and other Corridor is arteries. As Table 3 shows, the number of households in the 114 Corridor increased by 5.2 percent r' annually during the past six years, from 24,065 in 1990 to 31,549 in 1996. This growth likely dumped on additional 13,500 motor vehicles on to Corridor roads3. In total, Corridor households 38osed on an average of 1.8 motor vehicles per household. Source: US Department of Energy, Energy Information Administration J (1985), Residential Transportation Energy Consumption Survey: Consurnotinn Patterns of Household Vehicles. 5 L� currently account for nearly 57,000 motor vehicles, up significantly from just over 43,000 vehicles in 1990. _ ........................__..__. _.._ _......_.....__........_..__.............. _..__......................................... ._.__............. __. _...__..__......_.._..._...� Table 3. Change in Resident Households, 114 Corridor Cities, 1990-1996 ...._ Average Annual 1996 1990 Percent Change Colleyville 5,695 4,100 6.5% Grapevine 11,492 10.950 0.8 CHaslet 357 270 5.4 Keller 6,579 4,500 7.7 CRoanoke 643 549 2.9 Southlake 5,083 2,300 20.2 Trophy Club 1,615 1,333 , 3.5 rWestlake 85 63 5.8 -" 114 T I CorridorTotal 31,549 24,065 5.2 i . DFW Metroplex 1,589,705 1,449,872 1.6 Source: North Central Texas Council of Governments (February 1996), North Central Texas 2020: An Extension of the ' NCTCOG 1994 Demographic Forecasts, 114 Corridor cities and authors' estimates. Rapid growth in population and households has also touched off * a housing boom in the 114 Corridor. Since 1990, Corridor cities hove added nearly 9,400 housing units valued in excess of $1.5 billion (see Table 4). r., Table 4. Housing Units and Value Added in the 114 Corridor since 1990 ' Value Units 3 Mil) Colleyville 1,723 $410.5 a Grapevine 2,626 277.7 r Hoslet 87 6.5 I �w - Table continues on next page .. . .i 6 C L Table 4, Continued. Housing Units and Value Added in the 114 Corridor since 1990 Value i Units (s mil) Keller 2.032 1259.6 Roanoke 292 21.9 Southloke 2,269 493.8 Trophy Club 328 62.7 Westlake 4 1.0 114 Corridor Total 9,361 $1,533.7 Source: 114 Corridor cities and authors' estimates. L i Table 5 details 1990-1996 employment growth for the eight 114 Corridor cities, as well as r for.. DFW International Airport, Solana and Alliance. Nearly 80,000 jobs are currently located in the l Corridor, up dramatically from 1990's total of less than 56,000. During the six -year period, r employment growth in the .Corridor averaged more than 7 percent per year; in contrast, employment for the Metroplex as a whole has risen at the much more modest rate of four —tenths of one percent in the past six years. Its important to note that nearly 80 percent of Corridor employment is concentrated at DFW Airport or in adjacent Grapevine (most, presumably, related directly or indirectly to the airport). Table 5. Change in Employment, 114 Corridor from DFW Airport to Alliance, 1990-1996 _ Average Annual 1996 1990 Percent Chan !_ Colleyville 1,843 1,400 5.3% Grapevine 25.350 23,250 1.5 t_s Haslet 68 52 5.1 Keller 2,216 900 24.4 .. Roanoke 123 105 2.9 Table continues on next page .. . 7 G _....__. .............._.._ .... _. Table 5, Continued. Chong, in Employment, 114 Corridor from DFW Airport to Alliance, 1990-1996 Average Annual 1996 _ 1990 _ _ .............._ _Percent Change — Southloke 4,300 3,450 4.1 Trophy Club 40 30 5.6 Westlake/Solono 5,000 3,000 11.1 E i DFW Airport 37,000 23,200 9.9 Alliance 3,904 250 243.6 114 Corridor Total 79,844 55,637 7.3 r: �.� DFW kletroplex 2,300,800(a) 2,244,740 0.4 FFNote: (a) As of March 1996, ; Source: North Central Texas Council of Governments (February 1996), North Central Texas 2020: An Extension of the (r' NCTCOG 1994 Demographic Forecasts, 114 Corridor cities, Texas Employment Commission and authors' estimates. And, as Table 6 shows, the 114 Corridor's strong employment growth has been accompanied by a tremendous expansion of the area's commercial real estate base. During the past six years, r. Corridor cities have added more than 700 new office, industrial and retail buildings totaling nearly 9.2 million square feet of space. r" Table 6. Commercial Buildings and $ggqe. Footage Added in the 114 Corridor since 1990 1..a Units Square Feet Colleyville 134 876,000 Grapevine 280 3,461,789 Hoslet 1 26,667 Keller 28 450,937 Table continues on next page .. . 8 _........... _........ _. Table 6, Continued. Commercial Buildings and Square Footage Added in the 114 Corridor since 1990 Units Square Feet Roanoke 3 450,937 Southlake 232 2.868.340 Trophy Club 3 30,162 Westlake 25 1,000,000 114 Corridor Total 706 9,164,832 Source: 114 Corridor cities and authors' estimates. 2.2 Demographic and Employment Trends in the 114 Corridor: 1996-2210 For the next decade and a half, the 114 Corridor will continue to experience well above overage population and employment growth. Table 7 presents projections of the population of Corridor cities in the year 2010. By then, the Corridor's population should total approximately 147,500, representing on average rate of growth or more than 4 percent per annum. Colleyville and Southlake ore likely to record the fastest annual growth rates, at 6.7 percent and 5.5. percent respectively. w _ Table 7. Projected Change in Resident Population, 114 Corridor Cities, 1996-2010 - Average Annual 2010 1996 Percent Change Colleyville 32,350 16,750 6.7% Grapevine 44,950 33,800 2.4 - Haslet 1,741 1,050 4.7 -� Keller 30,750 19,350 4.2 Roanoke 3,134 1,890 4.7 Southlake 26,350 14,950 5.5 Trophy Club 7,876 4,750 4.7 Westlake 415 250 4.7 _(411,1 Table continues on next page .. . 9 I C C_ M�Table 1, Continued, Projected Chonge�in Resident Population, 114 Corridor Cities, 1111-1111 Average Annualcen 2010 1996 Pert Change 114 Corridor Total 147,566 92,790 4.2 I- - DFW Metroplex 5,057.880 4,296,500 1.3 Source: North Central Texas Council of Governments (February 1996). North Central Texas 2020: An Fxtension of the NCTCOG 1994 Demographic Forecasts, 114 Corridor cities and authors' estimates. . With continued rapid population growth, the 114 Corridor will also experience another strong upsurge.in the number of resident households. As Table 8 shows, by the year 2010 the number of Corridor households will have grown to just under 55,000. Based on the average of 1.8 motor vehicles per household, this growth should add some 45,000 vehicles to 6H 114 and other Corridor roads. r t I ' Table 8. Projected Change in Resident Households, 114 Corridor Cities, 1996-2010 Average Annual 2010 1996 Percent Change . Colleyville 11,600 5,695 7.4% Grapevine 18,050 11,492 4.1 i� Hoslet 592 357 4.7 Keller 10,950 6,579 4.8 Roanoke 1,066 643 4.7 Southloke 9,650 5,083 6.4 Trophy Club 2,678 1,615 4.7 rr l� Westlake 141 85 4.7 114 Corridor Total 54,723 31,549 5.3 l� DFW Metroplex 2,034,745 1,589,205 2.0 Source: North Central Texas Council of Governments (February 1996), North Central Texas 2020: An Extension of the NCTCOG 1994 Demographic Forecasts, 114 Corridor cities and authors' estimates. r 10 Is I Perhaps most importantly, as Corridor cities "mature" over the next decode and a half -- that is, as they move beyond the status of bedroom communities -- and as Alliance realizes more of its potential, the number of people working in the 114 Corridor will skyrocket. Table 9 details projected employment for the eight Corridor cities, DFW Airport, Solana and Alliance for the year 2010. As the data indicate, by that time the Corridor's employment base should total more than 136,000, representing a gain of more than 56,000 jobs. Table 9. Projected Change in Employment, 114 Corridor from DFW Airport to Alliance, 1996-2010 Average Annual 2010 1996 Percent Change Colleyville C 5.850 1.843 15.5% Grapevine P 4310 0 25,350 5.0 Hoslet 113 68 4.7 Keller 4,650 2,216 7.9 Roanoke 204 123 4.7 Southloke 9,600 4,300 8.8 i Trophy Club 69 40 5.2 r, Westloke/Solono 6,400 5,000 2.0 DFW Airport 44,600 37,000 1.5 Alliance 21,750 3,904 32.7 114 Corridor Total 136,336 79,844 5.1 DFW Metroplex 3,346,660 2,300,800(a) 3.3 i; Note: (a) As of March 1996. rSource: North Central Texas Council of Governments (February 1996). North Central Texas 2020: An Extension of the l NCTCOG 1994 Demographic Forecasts, 114 Corridor cities, Texas Employment Commission and authors' estimates. E..............._ tt a 14 As is the case now, in 2010 the lion's share -- nearly 65 percent share of Corridor employment will be concentrated -at DFW Airport and in Grapevine. Still, that's considerably smaller Cthan the current 80 percent, reflecting for the most part rapid job growth at Alliance. By 2010, nearly 22,000 workers should be employed at Alliance, more than five times the number currently t employed there. Employment in Colleyville, Southloke and Keller, meanwhile, will more than double during the next fourteen years. 2.3 Why is the 114 Corridor Growing so Rapidly'? Residential and commercial growth can usually be explained by a combination of "push" and "pull" factors. In the case of the 114 Corridor, a couple of obvious push factors are at work. One concerns the process of suburbonizotion; that is, the migration of population from the region's central cities -- Dallas and Fort Worth -- and older suburban municipalities to newer communities on the periphery of the Metroplex. This migration is generally motivated by "quality of life" concerns ,.. such as fear of crime, the desire to escape the congestion that accompanies higher density development, and so on. There's every reason to suspect that this process will continue for the foreseeable future. A related push factor involves the migration of population to the region from elsewhere in the US. For the some quality of life reasons, many newcomers to Dallas —Fort Worth will opt for a suburban or even exurbon location rather than one in the metropolitan core. Pull factors drawing residents and business to the 114 Corridor probably include the relative r: affordability of land and housing vis-a—vis older, more densely developed parts of the Metroplex, the same quality of life issues mentioned above, and "magnets" such as Alliance and Solana. Alliance is a r particularly good example of what economists and planners frequently refer to as "Field of Dreams" 1 development; i.e., build it and they will come. Another important factor in the Corridor's development that deserves mention, but escapes classification as having either a push or pull influence, is the spillover from DFW Airport. As passenger and cargo activity have increased in tandem with growth of the regional, national and global marketplace, Grapevine and other cities adjacent to or near the airport have experienced significant 1 12 commercial development. Some of this, of course, is directly or indirectly related to airport operations. But a significant share involves non —aviation businesses (i.e., regional distributors, warehouses, etc.) that require proximity to an airport for shipping or travel purposes. What's clear is that there is a fairly unique combination of posh, pull and other factors that distinguishes the 114 Corridor and largely explain its rapid development since the last census in 1990. These some factors will remain a strong influence on the Corridor for the next several decades and will encourage continued rapid commercial and residential development along SH 114. What is critical, as the following chapter makes clear, is that infrastructure in the Corridor keeps pace with the area's economic growth. H 13 3. Special Circumstances Affecting the 114 Corridor Lr In addition. to the push—pull factors discussed above, the 114 Corridor is also going to (' experience increased motor vehicle traffic and further development because of: (1) SH 114's role as 4 on important feeder to and from the principal highway (1-35) linking Mexico, the US and Canada, (2) the impact of Texas Motor Speedway, scheduled to come on line this summer, and (3) continued r development in Las Colinas. i �. 3.1 The SH 114—Interstate 35 Link I� 1-35, increasingly referred to as the "NAFTA Superhighway," links the US with both Mexico and Canada. From Laredo, 1-35 runs north to Duluth, Minnesota, then continues into Canada as State Highway 61. The highway also connects the largest mid—continent metropolitan areas, .including Son Antonio, Austin, DFW, Oklahoma City, Kansas City, Des Moines and Minneapolis —St Paul. At several points, it is bisected by other important north —south and east —west arteries. Simply because of Texas' own economic growth, over the next fifteen years traffic on 1-35 is expected to increase by as much as 75 ercent4. -Should trade with Mexico increase substantial) as well those projections could _ P Y � PJ increase by as much as 2,800 trucks per days. Because SH 114 connects with both 1-35E in Dallas and 1-35W just north of Fort Worth, and also links DFW Airport and Alliance, the 114 Corridor will be significantly impacted by the projected increase in truck traffic over the next decode and a half. 3.2 Impact of the Texas Motor Speedway (_,TMS) Later this summer a 1,200—acre NASCAR speedway, located near Alliance at the northwest corner of the intersection of 1-35W and SH 114, will commence operations. Assuming the track hosts three major events per year and remains open for 250 total days of operation per year, it should draw about 750,000 visitors .annually. Because the speedway will accommodate more than 100,000 1 y spectators at a time, huge volumes . of traffic can be anticipated during major events. 1-35W and 'According to estimates by the Texas Comptroller of Public Accounts and Texas Department of Transportation. Full citation at end of ^ report. 'Ibid. 14 t Cstate highway 114, in particular, will no doubt experience substantial backups when a NASCAR or Indy Car race is being held. Moreover, the experience the experience of large NASCAR racetracks in the Southeast suggests that the TMS will likely be a catalyst for even more development in 114 Corridor. Invariably, the presence of a major NASCAR speedway generates spin— off industries. For example, adjacent to the (� Charlotte Motor Speedway ore garages, driving schools, machine shops, and graphic designers. Firms l� manufacturing helmets and safety equipment, high performance transmissions, racing tires, model cars, and. points and polymers are also found close to the Charlotte facility. Over time, this type of industrial development is likely to _occur in conjunction with the TMS. f. 3.3 The Build —Out of Las Colinas Las Colinas, located along SH 114 in Irving, is one of the nation's premier office/residential planned communities and typically boasts the lowest office vacancy rate of any submarket in the Metroplex. Approximately 70,000 workers commute to Las Colinas each day, many driving from the far reaches of Northeast Tarrant County along SH 114. With 2,500 acres still to develop, substantial new employment growth can be expected in the years ahead. For example, at the present time The Associates -- one of the first companies to locate at Las Colinas more than 20 years ago -- is engaged in a 30—ocre expansion project. Trammell Crow plans to begin construction. on a 300.,000 square foot speculative building along SH 114 next year, and a number of new hotel, retail and restaurant projects are on the drawing boards. What's more, s , Faison —Stone, the Las Colinas management company, is currently reporting a record —number of -- relocation prospects. When. Las Colinas is fully built —out, a process that will take 20 to 25 years, daytime _ employment will be at least 150,000 with most workers commuting by automobile. These additional commuters will overtax the carrying capacity of SH 114 and result in serious congestion cnd pollution problems unless the highway is widened and upgraded. Other planned and potential development in and around Los Colinas could further strain the existing road infrastructure. For instance, the NFL Dallas Cowboys, in tandem with Nike, are planning ..J to build a sports —oriented theme pork adjacent to Texas Stadium. The City of Irving continues to . J 15 ky express interest in constructing major sports orena in Las Colinas should the NBA Dallas Mavericks, the NHL Dallas Stars or both decide to leave Reunion Arena in downtown Dallas. And the Studios at Los Colinas hopes to some day build a bocklot that, in conjunction with their soundsta es, would 9 r become a major tourist attraction. t� r- 4. Implications for Future Development of the 114 Corridor ' As noted at the beginning of this report, g g t s epo t, ultimately the mutter of additional improvements to SH 114 is an economic development issue. With the Corridor's rapid population and employment growth likely to continue for the foreseeable future, it's important to consider a worrying scenario in rill which increasing traffic congestion jeopardizes the ability of 114 communities to attract and retain businesses and investment. There are two strains of literature that address the relationship of infrastructure to economic development that deserve brief review for what they imply about SH 114: (� (1) nearly two —dozen empirical -studies of infrastructure as it relates to on economy's performance, i, and (2) approximately a holf—dozen empirical or survey —based studies that examine the influence of r infrastructure on a firm's location decision. l C. 4.1 Infrastructure and Economic Performance The idea that public infrastructure influences economic performance is rooted in the theory that it is consumed by businesses as an unpaid factor of production or amenity (Meade 1952). In 1973, Mera provided the first empirical test of this then h p p theory; by the end of 1995, an additional twenty such studies had been completed and. published in peer —reviewed academic journals. All of the studies conclude that infrastructure is an important factor in an economy's performance. The studies differ mainly in their estimates of the strength of the relationship. Most of the studies (eleven) measured the influence of infrastructure on economic output IL (Mera 1973, Costa et al 1987, Aschouer 1989a, Merriman 1990, Munnell 1990a, Eisner 1991, Munnell F,' 1992, Garcia —Milo and McGuire 1992, Evans and Karras 1994, Andrews and Swanson 1995, Forslund and Johonsson 1995). Seven studies related infrastructure to factor productivity (Aschauer 1989b, Munnell 1990b, Mullin and Williams 1991, Hulten and Schwab 1991, Moomaw and Williams 1991, Holtz —Eakin and Schwartz 1994, Seitz 1995). One study examined the impact of infrastructure on employment (Eberts 1990), .and the remaining paper explored the degree to which infrastructure reduces manufacturing cost (Seitz and Licht 1995). The consensus that infrastructure affects the performance of an economy really isn't so ,. surprising and is intuitively simple to understand. "Savings" derived from infrastructure manifested in 17 1.� Clower transportation costs, or reduced commuting times for workers or even lower prices for distance — related consumables -- i.e., housing -- can be invested for more productive purposes. With respect the 114 Corridor, the implication of this is straightforward enough: Improvements to SH 114 con not only be expected to ease traffic congestion brought on by rapid population and employment growth but will also boost the corridor economy in ways that go well beyond the limited short—term impacts E of highway construction. Nor is it a stretch to argue that improvements to SH 114 would be felt across the entire Metroplex inasmuch as the road links DFW Airport and Alliance. Anything which improves the transportation linkage between these two facilities and, consequently, raises Dallas —Fort Worth's status as an important mid—continent "port" benefits the entire regional economy. 4.2 Infrastructure and Firm Location Economists hove used two methods to analyze why firms locate where they do: surveys and econometric studies. Both,opproaches have allowed the identification and ranking of variables thought to influence the location decision, and both approaches have generally concluded that infrastructure is a critical factor for most firms (Schmenner 1981, Hekmon 1982, Carleton 1983, Newman' 1983, Wardrep 1985, Blair and Premus 1987, Mackay 1994, Button et al 1995). Table 10 (adapted from Mackay 1994) summarizes incentives and location decision factors ranked in terms of relative importance. The rankings were derived from a survey of corporate executives, and clearly reveal the importance attached to infrastructure, both directly and indirectly, in firms' location decisions. Table 10. Ranked Importance of Incentives and location Factors Ronk Incentive Location Factor 1. Infrastructure improvements 2. Property tax abatement 3. Regulatory flexibility Table continues on next page .. . 18 Real estate costs - Labor force issues Transportation Table 10, Continued. Ranked Importance of Incentives and Location Factors Rank Incentive Location Factor 4. Tax credits — Real estate availability 5. Utility rote incentives Market access 6. Land cost writedowns Regulatory environment l 7. Public grants Labor costs 8. Enterprise zone Community image 9. Subsidized training Tax climate 10. Employee relocation assistance Utility services 1 11. — — — Utility costs 12. — — — Quality of life 13. — — — Business services f^ 14. — — — Incentives 1 ° 15. — — — Education system 16. --- Proximity to suppliers y --- 17. University resources Source: Mackay 1994. t� As Table 10 shows, infrastructure improvements rank first among incentives to locate, while n transportation ranks third among location factors. Real estate costs and market access, both strongly influenced by infrastructure, rank first and fifth among location factors. Overall, the implication of the (�. industrial location literature is very clear: The quality and availability of infrastructure is a strong factor in firms' location decisions. With regard to the 114 Corridor, the lesson to be drawn from this is that improvements to SH 114 are an economic development imperative.Alm ' p Almost certainly, they would enhance the area's (' attractiveness as a site for business capital investment. Alternatively, a failure to make the required improvements to 114, especially in light of the population and employment growth that's occurred in I 19 I . r since 1990, would probably diminish the Corridor's competitiveness as a location for business and industry. y r 9 20 June 1996 Monthly Planner 7:00 AM - 7:00 PM Runoff Election 2 3 4 S 6 7 6:00 PM Runoff Canvass 7:00 PM City Council Mtg. 7:00 PM SPIN 114 Mtg 7:00 PM P&Z Mtg. 7:30 AM ED Business 7:00 PM KSB 7:00 PM Park Bd. Roundtable 7:00 PM SPIN Mtg. 114 Mtg 7:00 PM SPIN #6 Mtg. 9 --11 - - 10 12 13 14 7:00 PM City Hall Planning 7:00 PM JUC Mtg. 7:00 PM Sister Cities Mtg. 7:00 PM MTP Meeting ;PACKET DAY 7:00 PM ZBA Mtg. ----� I 16 17 18 19 20 21 �e� I Austin Trip - SH ; 114 7:00 PM SPIN #9 Mtg. 7:30 AM Metro- port Mtg. Father's Day city Council Mtg. i I Z. -T Z.,✓ 11:30 AM Cham- ber Lunch 6:00 PM SPDC Mtg. 4:00 PM CC 7:00 PM SPIN Orientation # 14 Mtg. 6:30 PM SPIN PACKET DAY P Party � 7::0000 PM CC/ 8:00 AM CC CISD Joint Mtg June Retreat 7:00 PM ZBA Mtg. j S M T W T F S 1— 2-1-4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 6/14/96 Source: NEWS CLIPPLYG [Vorth Star Telegram Date: June 13. 199 Southlake adds staff, cites need for service Two people hired for a ' ' 'ad j br BY LESLIE HUEHOLT Stu -Telegram Staff Writer SOUTHLAKE — Lauren Sa- -franek started work yesterday a. Southlake's first human resources director, a post that officials say is essential for handling staff -related 'issues for the city's 150 employees. The City Council created the po- sition and another job - `puiilic in- formation officer — in March, say- ing they were needed because of 'the city's increasing demand for services. "We're at the point where we've grown enough where we need a person handling day-to-day human resources issues," said Shana Yely- erton, assistant city manager. Safranek, 28, previously worked for the North Central Texas Coun- cil of Governments and has 5 Vz years of experience as a personnel administrator. She graduated from the University of North Texas with a bachelor's degree in business ad- ministration. Her short-term goals include,; rti viewing personnel policies aand acing an employee orientation pro gram. She also wants to establish i place where people. know they get questions answered. " She said she was drawn to Soait lake because of its size.d; "I.=prefer. cities that ,411,� enough where I can know ev ry one's name," she said. Safranek was selected out of 14(i, applicants. Her salary is $38,462.` The new public information of- ficer, Tracy Southers of Flower Mound, will start work June 24. She received a degree in journalism from the University of Texa§:at Ar- lington and has been working fora public relations company. Her'snf ary will be $31,643. A public information officer f l- forms the community and the news media about upcoming events and meetings, answers questions about city affairs and often serves as -a spokesman on city issues. C) c Z z a a_ 3 Z 1 O's? m VA K L L U I n C y W V K N Y c 4 F co u � c Eu'`� 3 r CdF u C E E u u YU-q E.p Y u �.. YtooN E N 3 �� u`o � _E 'E'C -° 0 n cLu E E c m''LW c E•c`.r �v � n3 °2 r n..` i tUau it � �.�.: y= A•v a.. 0 � CL C:y 6� Y—•C io �= 0 N L 0 C O L Y m c o.c u o oU H ut u c a o L u•—_ m L O u u" m AV Evuiwo.�Y.T.�Oo.°. V y g 8 yL gL J[UL i JL� u�F. `o •p u e y u a: _ O y -0- E 'c a 3 3 m_•isr E E 5 -C E vY QaFu�°rE"cxr W j E uL aaG� yam. = Y c E.mos m �p�c?muov^o c O;y� u•E � Ea. 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A�-,3 Ir66T ' 2T aunt' :ale(, I wua alai IrrIS 4.ioq :a:) I i NEWS CLIPPING Source: Date: June 11) 199( The smoother traffic flows on Texas 114, shown here in Roanoke, the less pollution is produced.. Texas 114 work may ease pollution' By of the greatest contributors to air pollution. 114 I he notion that iddint! lanes But cxpandinp. most of Texas t" I reduce air 114 from a four -lane highway to :i:,,n c--,ni, ar hcrL:nt o,n- a six -lane frccxvav may help re- XA ^,,tt it :n.. ;ruc for due_ air pollution in the Metro - ' -c the ,r,q,—cJ Fcxas plcx. one of mane urban areas in the nation that do not meet AI:-,:,iJ% jmckcd mth cm,; andclean-air requirements rnan- GRAMV& Ir,'Tn (irape% ne t,, dated he 'cJcrai !a,. according R, • tn,,kc I cxa, 114 t, expected k, air qualm experts and a re- t,i rime congcsicd -,.th IX:11 s(Ldv. aEw ct�rnwcrciaj and residential de- When cars arc m, %chipiticni. leading ti) an :n- collate and 114 is�"iin lrc!adc' �'"i L;C a,c in tt,p and -go traffic, uric More on 114 on Fade 11) -•�J�n70._ .'n )a•y 7= .3 7 r• ^ Xi ati•?_= p_C.3 O -'I 7 n d d n n S — '- :: 7 'C ? A S � � :J R 'F u u " •ni :. � w O :+ .� w -� .-. J j � .- C � 7 O. 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O u O V •3 C p V cQ 0 z E c m v o E 0 o E u o t° cc a�i se ao > s a y 3 0-� o min;y�,a .v' y a g C •y X V u cc pVpC V CD4) MoC y.O coo3.o•? oCl..- copVpC1� Q o "o o 4Ei ooN4 v > p.E Rx V1 � O v O ` w O ►. w h 3 E E o a o �sCIO- > 0 « 0.0 cco • y r. a x UC�O� r/L E a`c°i o con r-4 C) F-. cc A c - A m u u G_ 61 9 8 c u L � L �E=� E'NH ° °Nau3 - F' 0 o t> c y•j � L u W L t G t V L E C y E c— Gai AUF'• y A•� N � No: is W �c 1° 3Y � Y a u E u y GO A O u u`ai mE r G u a�cao.EA 9 u U o o f i. u_ 3 uUt E O E m -0 c a u A E m$ co u ca.m� No60 .i --acs c m o u aL u o a u uF u C a3.9 zo3 N_ m '2 c p'7 u p O2 30 m u C o a op TQ:U N O m t 3v m g o N c pf •o O u 0 _ '- 1 u G. gF-.O: Ge u�u,,,cOuo u:9�"Euo Y c z on min 3-E oc a nd u .c V° C CJ U. € m•p G a yl .�� y- t ._ u` .. y C I • � U�e32, uNueC c 4 e oC u G a c O U E� m0 �FSu9°E• gg3�O Yu pQG'V oo�oCY V O V= O c O F u a y O r-•yea°�oN ao�cEV o y PIS p,• L U '0 L- 1 E V m-t u J .7 aeOf rC0O E w 'a• F� a$$E Source: The Grapevine Sun City V gets SMART Trailer to help monitor traffic By John Hicks Staff Writer Southlake — The four members of the Southlake De- partment of Public Safety's traffic patrol division cannot be everywhere at once, but they did add a new member. Well, sort of. The addition of the Speed Motor Aware- ness Radar Trailer — or the SMART trailer, forshort—is the city's response to a need for more citywide supervision. The solar -powered' device, which stands 10 feet tall and weighs approumately ahalf- ton,will have a variety of uses' DPS officials will moni- tor residential neighborhoods in addition to the highways. Sgt. Rusty Daniels, who heads the traffic patrol divi- sion, said the item was pur- chased for $14,000 due to citizen concern. "We were getting a lot of complaints on speeding in neighborhoods," Daniels said. NEWS CLIPPVgG M Date: June 9 -12 , 196 Southlake o, ft als hope their new Speed Motor Awareness'" Radar Trailer — or SMART trailer — can help them supervise traffic better. "We decided this would be opti- mum for us." The SMART trailer features the Southlake DPS logo and a graffiti -resistant paint on the exterior. Inside, a computer tracks each car that passes by, its speed and the time. The average speed is also calculated. The trailer was purchased just in time for summer, when the area youth are out of school and out playing. f Said Daniels, `The m ' complaint is the childr M, especially now." j Southlake DPS spokesman Robert Finn said the device is about one-third ofthe annual P salary and related expenses`' necessary for a patrol officer... But, he added, that was not the reason for the purchase. "Anything that has to do with life safety is a major concern." NEWS CLIPPUiG Source: Date: June 9-12. '9 lBusinesses back 11.4 roject p It By'John Hicks` OW Staff Writer F qlei th town and Statistics show an aversg�',�. 114: y.. with Trpphy. Club Country Chili fiiQt&1r ownmmrns,, ofmore than,%,Ow Cars tr"el 9 DA especially when TMS-holds along Texas, 114 each , day. It :;.' its NASCAR.raqng Wents. with approxinnitely 20 per Whilg '114dW fi&' ran.", cent of that representing Uv& tz-affic - < '. thro the* ity'its Buslness'ownershave.tAken, jh 41 � Vnicipali , 1. �j And with continued devel- an t6 utes border Acuiri role -in _drive upgrade. 114 to fivewjLj status.." the highway. opment along th6-114 'drap'"i dor thr6iiih Grapevine; They hiLve -takeh. part iA,�the _% -",We have a* very igstake . -`jj�-An`thikx'said ;zffi= and Westlake onto 9 p gn, --th --thee' .. - Alliance AirpoA — ' of cluded petitioni assistant manager and and golf .1ishimentis,"im'di d6nated money director for Trophy Club course, the Texas Motor Speedway before fall for this months trip to Austin. Country Club. *We need to near Alliance Airport — it will only increase. The five -bus caravan; 813011- get (residents) out of town to cored by the Metroport 114 work and back in." That poses a dilemma for Partnership, will head to the And traffic problems will state's Capital for the June 18 not bode well for Maguire businessmen in the area, and their Texas Department OfTranspor- Thomas Partners. The entire concern over progress hampered by gridlock has tation meetings. The,trlp_ -- office space is leased 0 yand been raised. budgeted at $70,000. 3 Among the contributing'arvas See HlG1H*AkAA 14 6 -F f e'ffK o 00 cad^oSEv<��d=mclC. F'd• O 7 ! N - O O O o on s3 n< Arc no 0 3 0• Er d^ c 3 H= c <<sEr _1d 3 c �o.�^ _.3 &N. . C7�n o �n c ^ ie �m 3w' a_ S ^ aN.� -0. 0 N c r n m .n' n a y ^ c n^ o i. 3^ a d m ' o �' ^' o n p ... p .•. •mi c o a D. S'C n O• E �. c p' u• L m n a°" o o art m S.s� "—_ Gnu 3ew N.^pc3cwaE O A° N S S^ S d Q7 3- cc 3OQ 00 i U$c _.S� r,� n T.^ aoQ-. ? c.eb GM : ry n^ <g v.� 3 0 3 ^7 O. 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O Q CL C7 „-food ag1 o1 lualul itagl pple pule panlonui 102 01 uoilleuiloui ag1 pus autp aql anleq opt o3plglnoS ui vilo3 Xuleui su asusnoouo o1 aNii Ille pinoM am pus am1n1 oql olui a)lulglnoS suuq o1 Xilessaoou st 1legM suiop ol-pauiunuoo aiaq do s3ilo3 uanas anuq noX )luigl I„ 'Piles aq «`X1io oq1 o1 lupp -uaq Xsan, aq 01 sutos si 1leg1 Iio -tmoo asianip le anuq aM TWLP j„ 'Iiounoo Mau ag1 lnogle uistunl -do siq passaidxa swuH `Stnlaatu Iiounoo X1i' s,Xupson,L iV y 95od uiojj SlauuiA*t (Z a8vd„`saauut,y„ aas) su -iuH pus XMS posiopua Xloilgnd IIEH XituS uutuoMliounoD lauuoJ pus sxio13 X1ug iokew iauuoj `uotloala aql aiojaq sXLp Mai d -jjouni aqi ui lsua salon t g8` 13o Ilelo1 u suM aiaq•L -IiaM wiq pagsinn pule Ilen -u lauuo3 ioq paSSnq aqs `lgSiu Aupsan,L Suilaatu I!ounoD 14tD aql le luasa.td suns a)llaolgoS '69L s,a)llaotgoS 01 salon £66 POAtaoa] St.uleH •aoul iasolo gontu le ui a�laoigoS uuoCl 1no luoq `Xau.touu uu `sLuUH pinsQ . 'IIuH 9IIES-PUL"IcOmS lsuiuSu unl o1 fleas Iiotmo3X1i3 snl pauSisai oui -alegoid'LL9s,ouizleprd IaugoiW of sa1oA - I L I `I - Pania62i `iaunno aiols amlturq pule -luopisai ouuil -suol le Rots •uistletu SututlagM -iano uu Xq aolei s,ioXutu aq1 let lauutM all SwA ,Coils Nol Aq=tS uo lleas liounoD ,,4i3 V aolel(I oql pule ioXleui so; uoil -oala jjoucu su ploq a)llelglnoS vj$ua S vuuoQ Xq Ijouni ail let SIMU A ale 11 9661 ` L aunt :aIe(i I sautz,L � smGN :az)anoS II 19IaddI'I3 SM3Ih .CO ItN4.46g's world in S.L.7spolice department by Donna Stengle legal drug paraphernalia, the larg- ,All of Southlake's 26 police., :,est. portion Srom.narcotics usbrs officers are certified by the state traveling through the city along G of Texas. And- for the, last few : Highway 1,14 and; FM 1709. c� years, that number has also in- The dogs use. their noses and cluded a couple of the four- tongues to sniff out illegal drugs. c4 legged variety. They are trained to detect five il- Alfonzo Capone --a 3-year-old legal substances: marijuana, co- Mallinois better known as came, methamphetamine, am- Fonzie--and Lord Luger of Kill- phetamine and heroin. They of- deer Trail, a 2-year-old Getman ten find large sums of money used shepherd known as Luger for " in drug deals. C;N short, work for the city of The dogs' sense of smell is so Southlake. They assist Cpl. Ron keen they can sense one molecule Wyrick and Reserve Sgt. Richard of an illegal drug in one trillion Anderson in the seizure of ille- molecules. They are so accurate gal drugs and the apprehension of that the U.S. Supreme Court has criminals. ruled that evidence based on a In one year's time, these teams drug dog's detection is infallible. have netted $14,000 worth of il- (see "Dog, "page 2) 11Ug from poge ' None of this matters much to Fonzie and Luger, though —they just want to have fun, and it's all a game to them. They clearly love the time they spend with Ander- son and Wyrick, playing "hide and seek" for planted drugs and "get the bad man" in the padded suit. They are naturally attached to their trainers, since the officers are also their owners. In South - lake, the officers in the canine ,unit purchase their own dogs. This allows for a very close rela- .'tionship between the two and 6'ips the dogs relate well to ebple. They are part of a real .ha i ly as well as their police fam- 3ily 1 . T'he dogs are selected as pup �ies from top breeders and can ostIrom S500 to several thou - id dollars. ')onzie is a genetically bred mix oGerhtan shepherd and dingo wlip came from Holland and cost #$ .1000. The German shepherd ;'•genes contribute to Fonzie's rstrength and intelligence, while the dingo genes give him a toler- ance for heat, sharpen his sense of smell and add to his athletic abilities. Fonzie and Luger, who began their police training when they were 49 days old, are well-edu- cated dogs. They understand 25 to 30 working corrunands given to them in German or through hand signals. The officers use I.German to speak to the dogs be- cause it allows them to control the cogs witnout ciutng the suspects in to their actions. Both dogs are internationally certified and have been used by the FBI, the Tarrant County Task Force, the U.S. marshal, the Drug Enforcement Administration. the Treasury Department and the IRS. The canine program was initi- ated four years ago in Southlake. Wyrick, a police officer for 23 years, has worked with the unit from the beginning. He has 12 years of experience working with police dogs and is the Region 4 canine director for the state of Texas. Anderson has been a Southlake police officer for almost 18 years and has spent the last two years working with the canine unit. Anderson actually volunteers his time to the police department when he is not running his mov- ing van company. He spends a minimum of 20 hours a week on the force and regularly pulls a 10- hour shift on Saturday nights. The officers credit Billy Camp- bell, director ofpublic safety, and Gary Greg, director of police ser- vices, with recognizing the need for the police dogs as a deterrent to crime in Southlake. Campbell and Greg convinced the City Council of the dogs' value as a working part of the police force. The council commissioned the dogs, who are certified by the state of Texas, as police officers. "They hold the power to arrest and search," said Anderson. The dogs are also faster and more efficient than human offic- ers at searching buildings and catching suspects. Recently when the alarm at Stacy's Furniture went off during the night, one dog was able to search the entire warehouse in the time it would have taken four police officers. The officers also see the dogs as helpful in deterring drug use among Southlake teens. When a car is stopped, drugs can be dis- covered by the dogs without any- one but the officers knowing it. Officers then are able to notify the teen's parents; intervention at this stage is often enough to keep youths from continuing drug use or going on to harder drugs. "If we can save one life or turn one person around, we feel suc- cessful," said Wyrick. Anderson and Wyrick said the fairly new canine unit is in a building phase. In addition to training two more dogs, they want to continue to promote the canine force through demonstrations to various educa- tional and civic groups. The dogs will also be trained to detect gun- powder through car doors and can be a useful tool in keeping guns out of Southlake schools. ronzie iooKs ►or drugs as part of rds training. NEWS CLIPPM Source: No,.; 171e_ I Date: Tune - , 1996 City Council attempts to settle zoning by Donna Stengle Before being sworn in as Southlake's new mayor, Rick Stacy listened while outgoing Mayor Gary Fickes gave the council some final thoughts. Fickes, who had held the office for seven years, told the group that he was proud of the way the council had worked together as a team and implored the new coun- cil to see problems as challenges. There was a spirit of goodwill in the rooini: ai Stacy .and new Councilman` David Harris took their oaths of office from City Secretary Sandy LeGrand and were congratulated by former Councilwoman Sally Hall and Dona Schroetke, who had run against Harris for Place 4. Stacy's first act as new mayor was to lead the group in the Lord's Prayer. Traditionally, ev- ery council meeting is opened with a prayer and this was a posi- tive way of bringing everyone together and putting an end to some of the negative campaign- ing that had gone on. "Never before in the history of this community has there been (see `=Council, 9page 2) NEWS CLIPPLNG 11 Source: , T JLMOS I Date: June 1996 II Making the Hwy. 114 mission possible News and Times advance the improvements on the June 18 trip to the Texas De - The Southlake Chamber of Highway 114. partmentofTransportation Com- Commerce is offering a free bus Currently, the expansion of mission in Austin can contact the ride to Austin to show support for Highway 114 into a major six- Southlake Chamber of Com- the Metroport 114 Partnership, lane highway is not set to begin merce at 481-8200 to reserve a which will encourage the Texas until the year 2013. bus seat. Department of Transportation to Citizens interested in making NEWS CLIPPPiG Source: T: ,,D r , ;�- o r t i, tar T � 10 ,. r a:- I Date: u n - . 19 9 b ELE'ION, Stacy wins Southlake race SOUTHLAKE — Rick Stacy outdrew his opponent nearly 2-to-1 to win the mayor's seat in Saturday's runoff elec- tion. Now, Stacy said Saturday night, all he has to do is prove himself so vot- ers will re-elect him in May. In unofficial results, Stacy received 1,171 votes compared with 677 votes cast for opponent Michael Richarme, a strong turnout considering a late -morning storm Rick Stacy is now and resulting power mayor of South - outage. For four lake. hours, voters used flashlights to mark ballots. Southlake City Council Place 4 was also decided in Saturday's runoff elec- tion. Garnering 56 percent of the vote, attorney David Harris, 38, was elected to serve a two-year term. In unofficial totals, Harris received 993 votes and horse trainer Dona Schroetke, 43, drew 769 votes. Staff writer Leslie Hueholt reported on Stacy's plans for his one-year term.f NEWS CLIPPING Source: Fort Worth Star Tele_ra l I Date: ,June 1996 Council calls for unity SOUTHLAKE — Southlake Mayor Rick Stacy is looking for help in every corner. His first formal act after being sworn into office Tuesday was to have the City Council stand with him and say the Lord's prayer "in the spirit of peace and unity." Outgoing Mayo Gary Fickes wished the council memlers well. In farewell remarks, he advised them to look at challenges as opportunities, rather than problems, and warned of a tough job ahead. Since 1989, Southlake's population has more than doubled to about 14,950 residents, and officials expect that number will double in the next decade. Reporter Leslie Hueholt was there as the torch was passed on the Southlake council. NEWS CLIPPLNG Source: �� —TIEl Date: 1— L_ 9 to Hearing tonight could shape future of Southlake parks BY LESLIE HUEHOLT Star -Telegram Staff Writer SOUTHLAKE — Residents will have a chance tonight to applaud or protest the city's plans for expand- ing Bicentennial Park and develop- ing Bob Jones Park. During a public hearing that be- gins at 7 p.m. at the Bicentennial Community Center, residents can look at park master plans and con- ceptual drawings, ask questions and offer suggestions. "It's absolutely critical that we get people to express themselves now," said Shana Yelverton, as- sistant city manager. "We are going through the public hearing process now to determine what the resi- dents want to see in those parks. Nothing is set in stone." Plans will be submitted to the --City Council for approval in Au- gust: The parks would take up to 15 years to complete. Officials say the parks are being planned in phases based on future needs. Eventually, Southlake will need a third city park, said Kim Le- noir, director of parks and recre- ation. Long-term costs for Bicentennial and Bob Jones parks are not yet known, but the projects will be funded through grants and a 1992 half -cent sales tax increase de& Gated for park improvements. The city will provide cost resti_ mates and plans outlining the phas- es of both projects in July. Bicentennial Park, 450 W. South - lake Blvd., was created in the 1960s and was dedicated in 1976 as one of the city's major bicentennial projects, officials said. It will have in -line hockey courts and a swim- ming pool.. . l The city made $1.8 million worth of improvements to the pa in 1995 and doubled its size t� 41) acres. Long-range plans call fot ac- quiring 25 more acres. j Bob Jones'Park — named for a former slavet,whq has descendants in Southlake `will occupy [ 13p acres at the northern ei d of Nbrth White Chapel .BoulevardAtlwiil provide public access to Lakt Grapevine for picnicking, fishing, and swimming. - Most of the park will remain urr- developed, Lenoir said. Lon& range plans call for soccer fields, equestrian facilities, trails, a nature center and other amenities. - - The city also wants to develop some of the 400 acres of adjacent lake -front property owned by tie U.S. Army Corps of Engineers: YEWS CLIPMG Source: art � orth Star Teloiram I Date: 1uno -. L996 Carroll willing to wait SOUTHLAKE — Carroll school dis- trict has no formal contract with South - lake to share in the costs of a cafete- ria/gymnasium under construction at Durham Elementary/Intermediate } School; even though Carroll planned the project to be used for both school and city events, officials said. Without a contract, the school district cannot compel the city to help pay for t the facility, city and school officials said. The two have agreed to try to work out a plan, however, for the city to pay $750,000 in construction costs over the next several years. City and school district officials will meet in late June or early July to dis- cuss funding of the facility, officials said. Reporter Yamil Berard is follow- ing the story. Source: 50Uthla'., Journal NEWS CLIPPING Date: Juno ; , 1996 Runoff Results Rick Stacy A record 1,856 voters turned out Saturday to decide the race for Southlake's 12th mayor, ac- cording to the official count Monday evening.. Rick Stacy won with 1,171 votes, while Michael Richarme drew 677. City Council Place 4 was also decided, with David Harris tak- ing 993 votes to Dona Schroetke's 769. The new mayor and council 1 members began their service Tuesday by meeting with their counterparts for orientation. Further orientation will take place June 25, according to Sandy LeGrand, City Secretary. a David Harris NEWS CLIPPLNG H U o 0= .0 U S Q H•�aJ�' a�� T20.C-4oE� y C18oc U 00 = H x d ai U N •- 00 c N 00 E 00 U o to E F- E O C x H 0 � a .00 — o 6 O 3 U .0 y O G O .� v U a> x •� �' m .r o •- � c •d -� c a Q. •S •d � .� a ate; i= � 3•E°" ��' 00.R N E la A V.00 . J •C OO OO N — o d cC ti O .cyy rJ 3 � H 30 .14 C c7 b0 3 'L7 � O cd E E Za c .� R mow. a CO N O ' .� 'd O 0 w � w '" y � v F c�2 a•- "rn > Q y9:6 ; a. �� vxio.5�•�E av�i $v�i4>1 �e_o =�•5v yc •+•t. o aEr� et Bobo o S U E O eo •v 5 d ea ti sir GO A 'fro N� y�� y R _C occ a0 .S o.S•v �-.•5� 3 rA a� •� `y3 � �c a> v� o _ CC 6. 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He was about to give up when he finally received a call from a San Diego Padres official, who in- formed Caple that he was the team's eighth -round selection in yesterday's major-league baseball amateur draft. Caple got the call about 4:30 p.m. — 30 minutes after the day's final pick and about 1 ]/i hours after he was selected. "I guess they called late," said Caple, who was expected to go be- tween the second and 10th rounds. "It's a great feeling to go in the draft. Just being drafted is a great honor whether it was the first round or the 60th." Caple has signed a letter of intent with Texas A&M University. He said yesterday that he is undecided whether he will sign with the Pa- 0 Baseball draft: More cover- age in Sports .......... Section D dres and begin playing miner league baseball this summer or play for the Aggies next season. 113 Caple and Grapevine pitcher Chad Hawkins, a 14th-round selec- tion of the Oakland Athletics, were the only Northeast Tarrant County players selected yesterday in the first day of the draft, which contin- ues through tomorrow. Caple, a 6-foot-4 right-hander, impressed scouts with a 90-mph fastball and a .9-2 record. He will pitch tomorrow. against Little Cy- press-Mauriceville High School' 'in the Class 4A state tournament at Disch-Faulk Field in Austin. - ) Hawkins, a 6-foot-6 right- hander, throws in the high 80s and had an 8-1 record. He ended the season with a sore right elbow, and he is scheduled to undergo arthro- scopic surgery June 21 to remove loose cartilage from the elbow. Q ■ What would you likg4pur new mayor to aceomplish in Southlake? NEWS CLIPPING -wim s ncAJ 1 IAKKAN i OUR NEIGHBORS Q&A "1'd like him to ■ continue with what ■ they've been doing as rat as landscaping for the new buildings and developments. I like the way things have been going, and 1'd like to see it continue." I.eslle Bacon, 33, Southlake I "That he keep it a good Place. It was a nice city when 1 moved here. I'd like to see it stay that way.' Wade Purcell, 16, Southlake "Whatever he does will be all right with me." Don Davis, 62, Southlake "To move the [Texas) 114 project up to priority and to keep the community atmosphere instead of metropolitan." Marllyn Jones, 38, Southlake "I'd like to have a good resinction on the budding as far as where the commercial is going to be and not be. Work on roads, on walking trails. We're the only city that does not have walking trails —just lots of ball diamonds." o..., nu.,.. 11 YEWS CLIPPING Source: �T 2 I C-, zp,, I Date: (v - Southlake council, mayor call for- unity BY LESLIE HUEHOLT Star -Telegram Staff Writer SOUTHLAKE — With five of the seven faces on the Citv Council new, some officials say it will take time to build a cohe- sive group that is entirely com- fortable working together. But Southlake's new mavor, Rick Stacy, is looking for help in every corner. His first formal act after being sworn into office last night was to have the city cQU WiLctand with him — hand in hand — and — OvErz — say the Lord's Prayer "in the spirit of peace and unity." "We've got so many new peo- ple who have just been elected, we have to learn how to work to- gether. We don't have any time to waste, there are too manv challenges out there," he said told the council before the meet- ing. Outgoing Mayor Gary Fickes wished the council members well. In farewell remarks, he ad- vised tlto-look at challenges (fore on SOUTHLAKE on Page 2) Special to the Star•Telesram / M. L. GRAY Southlake Mayor Rice S 'rnv chairs his first oMcial work session be- fore yesterday's City Council meeting. Southlake -- _From Page 1 as opportunities. -father than ., problems. and warned that they had a tough job ahead. "Getting elected is the easy part." Fickes said. Members of the council say they have a similar vision: pushing for state funding for Texas Ile, pro- moting quality development in Southlake and adding amenities such as city parks and buildings. f '4'"`Aw The group is charged with help- ing shape the fastest ;rowing city in r. .Northeast Tarrant County. Since spe L, jIOtheSlu- M.L.Ga:. 1989. Southlake's population has Former Southlake Mayor Gary Fickes, left. congr tes count: more than doubled to an estimated membii Di'vid Warris, right, as Mayor Rick Stacey loo6 on. , 14.950. and officials expect the numbers will double in the next de- "� '" the currotAtgtlac>-mem sor' The new council includes: I. , cade. some tune' OW con fid t,the A bitter runoff victory behind panel will become a team. him. Stacy appears ready. An hour C'oun4iniatIF 3 Evans, elect- Mayor Rick Stacy, 48, who rB- before he was sworn in as mayor. ed to hi,.,rf" m Nfay, said I placed Giry,. fhkes, who re. Stacy led a staff work session re he espec"ZSati2°: willtake up to six tired to devote;jnore time to viewing the evening's agenda of months fcr'couficil members to net his business zoning requests and other develop- to know each other and up to speed i Place 1: Ralph evens, 59, the ment issues. Clearly at home• he uncitvissues. j only incumbent to be re= drew occasional chuckles from his "You've got a learning curve that I elected in the May 4 election Place 2: Wayne Moffat, a 46- colleagues — including newly in- vuu have.to go through before you year -old Dallas fire captain. stalled Councilman David Harris reallv become effective as a council who replaced Michael Rich- - as they pondered each issue. merrber.".he said. arme, who resigned to run for Council members discussed sav- mayor_ ing the graver during the work ses- Roth. Stacv and Harris were Place 3: Pamela Muller, 44, sion. and afterward Stacv said he elected to unexpired terms in Sat- I who has served a combined was not worried about anv separa- urday's runoff election. Stacy will I total of three years on the council and was not up for re- tion of church and state issue. •-I serve une year and Harris will serve I election in May felt good about it at the moment." two years. They join new council I Place 4: David Harris, a 38-• he said. rnl:mh; r; Wayne `luffat. Gan year -old lawyer who replaced Councilwoman Pamela duller. Faw ,> and Scott Martin. "' Sally Hall, who ran unsuccess- 1 L� the oni} member not up for re- In <peciaT rticeting `londay, the fully for mayor in May Place 5-'Gary Fawks, a 38-year- election last munch, said it is a tom- ",until .nified Saturdays runoff I old toy imp,5r er'•,vho replaced fort to have a council that is here to r ,u;t, Stacy won the mayor's race lon Maness, who resigned <ta% —at least for a while. .;; t i -I 'votes. with opponent ear'y to take a job overseas "!t ; kind of nice to know .�hu �11�1, ;,; Richurmc receiving n'- Place 6: Scor. Martin, a 45-year. I'm wine to be :here with. h,: r th P'ac. » :ea. ELtrris 3rch tee:.vro reolaced re. - - said. �II;:" c: _lnd Don,i s y^?a ..� ._ member An- -2,v'N3^osganss a S,lld sh has'Known all Uf ��hr c'<_' h`) tote. NEWS CLIPPLNG Source: ` ` \ Z�C, -1 d? leave Lieber ^�Tokes may roast AfgyorFickes, but bute is sincere Magic Mike Farhat played a trick :on Southlake Mayor Gary Fickes. �A few weeks agd, the owner of 'Magic Mike's Texaco told the talyor that the amtassador of Ndi Arabia was waiting to meet .,him at Timarron Country Club. tragic Mike offered to drive the *yor to see him. . '. But when Fickes arrived at the flubhouse, he did not find any ambassador. Instead;100 people Waited to surprise him. Southlake, a city in anguish after muddy election season, sorely Feeds a good laugh,;.:,�t- .,..The me 'At .; . . . during Ficke§' surprise party was 4-roaring. It was a roast, and 'tickes was the entrge. With good dumor, he heartily joined in. Today is Fickes' last day as $duthlake mayor. After seven #ears in office, he can accurately that Southlake has emerged as 4 premier city. in Northeast Tarrant County. Southlake is known for its gxcellent schools, high -end housing And, soon, luxury retail shopping. Fickes didn't create this. He just enhanced it and pushed it along. But he didn't get that kind of credit al this kind of party. - f The party officially began with a •warning from Southlake Municipal dge Brad Bradley. . (More on LIEBER on Page 5) Date: Lc - 4 - I to ° p° O c o coo x 4 xA, A "? r o o o o -, ID CD a m � O Q M Gi O M CA O c► M N < H CD go r A O - 0 co H rn 2? o o a a' co co Ci7 .n7� CD 0 O * O� r(np ,G. � Q. O 0 CD cp CD mnya co _ co rL cp O 0)oo ° coo fo Q• N ac d ce `:�per N co o -:r.4 4-.0 :2.n'9n° c�0y `rl � v_� °Qe prCD �"O* R. Q. cu ?� �4,° �'fe ci ., ° o G;� all:O M Es �Qf°; chi c� n p.a C aA y a'tr rin.c��o K o+':'�� gcxi rmr��n� °c coC. o C7y 5�.""or of».wcebmmmmm?o�v 0 0' M cpr e a K' ?;w cr ? 'r1 �,^, C 10, 7 �toi N R O .. A — O y �n'77 � �j r► 7C' c p (_ a fD °"coDm cb�oCo p,yanc?sp,� �`� cco0.� * M m o crz M.- L ago C°' coto 0 go M ��O M Q'co Z:r Co 00 ' c"a�+x�:vC4 x amyo�CD moccaB 1»_ CD ..y C G' „y y .-. : w O M F M y y m o'° ar'Oc A cto�v 'My'td� ,d`e ��rp O�i d .0�. 0 0 G.��m o,00 Co .0. F o cao aka OM C r"� N "^ �+ p �. NPjj~ C3 n N? O A G CD ?1 coN O `.t ?< co .... O toO O G. Q 7C ° 0 O < ° '�? o w w ado �0° M M cu ° ?y c.M � �. W O w M O fo �l 0 n A coy �,DO �, a coo a m a. o .H� _ m .Oy M so'd � y a3. o o a o0 N M N �• m �' N rT co 'co ° v: 0 6 �_ ? O 9'C" �y M ° w ram& .�+ '."� �M1 � CO �_ � M DO cr ° M co N O � � M co = A N .may. O p' w . � ? to co v p. N w � {C y ry a c �_. � C':. • n a '►y `C w a .�+ p�j .y+ fA' iC• ? � co Co "0 A M, o fo mr .^j co n O (9 r. �! M . C N co M e�f .M.. g CA ? 'r7 CuN nt wL'r as ? O O t�ii ' ° o l�C G CA m y pl, M y M �y C `C � ? w• max ^?�c�cnCO ooe r C `< .7 A' �, '�' p1 00 N N a o rh-o ^+ 'a m m n .-. 'O N M 7C Qp , ; M Q. — Co � O fag O O fD ''�• m —?°�.cn 5cw, " �.. aM Sao--f� �y'� MM o3M aoo0-+a wc�e oo C eb X °O xM m ��' :3 rya. you o= C� �b c. o' �' F o ? ? i — =Oco o- c'° o m T co Source: S-2 NEWS CLIPPING until the Metroport 114 ay$ Partnership goes to Austin to present its case for expansion of Texas 114 from Irving across northern Tarrant and southern Denton counties. Send letters of support to David Laney, Commissioner of Transportation, care of City Manager Curtis Hawk, 1725 E. Southlake Blvd., Southlake, TX 76092. For more information, call (817) 481-5581, ext. 114. Date: Lr- 3 -'I 1, NEWS CLIPPING Source: DAUAS 1VZR1,! ftV6 /V&W S Date: r urniture store owner wins mayoral race in Southlake By Kendall Anderson �0 '9�Mo 7,UDoom *ruc.4m A closely watched Southlake mayoral race ended Saturday with 22 percent of registered voters electing furniture store owner Rick Stacy as mayor of the Tarrant Coun- ty's fastest.growing city. In other elections. Mansfield vot" ars approved 126S million in city improvements and a program coot. dlnstor at the University of Texas at Arlington was elected to the Dallas County Community College District board In Southlake, Mr. Stacy of Stacy's Furniture teat out former City Council member Michael Rlcharme by a 2-to-1 ratio for the mayoral seat, which opened cep this year when seven -arm Mayor Gary ?law ds tided not to run. Mr. Stacy. 41, bat known for his money -burning furniture atone ads, said his victory shows voters ara tired of dim polities. '1 think the people of Southlake recognize the now for strong lead- arship and there is no place in Southlake for dirty politics," he said 'There has been a lot of enheo- awry rhetoric and lies from Mr. Richarme." Mr. Richarme. 42. objected to be. Ing tailed a liar. "If he's going to nay that. then he's asking for a slander suit." He said he thought Mr. Stacy's name identification and support from former Council member Sally Hall Influenced the election. "I think name recognition had a tremendous amount to do with it... he said. Voter turnout in Southlake was heavy for a run-off eleetlon, city officials said. The mayoral race hm garnered attention in the northeast Tarrant County city of is ON as can. didates have traded accusations about their part council voting m cords sad commitment to different segments of the high -growth city. Some civic leaden have said the race is significant because the city's new council needs special leader. ship from the mayor's post. Mr. Stacy, who last served on the ELAC'TIM RJOW .T! Cefi t'sa6laa .Oisl6sY e" - Diatta YY1tKtttM Y - 4s11gifaQ-,a, ,�. MaM►Msa4 A or For ftSi"tkAlonMlibrary.:,For ..,,;;.•"Dow . tlDotltr ,. load /1peII1Mi� '�i..ii�'•a..a% For f11fa1 �•. a%4%Lsi oRoW ld: AAIohaM �. Davw A.D Dam OM . - a: TheDA. traW Mm City Council 10 years ago, has said his family's deep roots In Sonthlaks enable him to better represent both the new and the old parts of the city. He has cmpbad=ed the need to provide city services to older parts of the city and be fair in taxation. Mr. Stacy also received the support of former Mayor Fickes. Mr. Rlcharme bad said his six years of experience on various city boards and committees, Including the Planning and Zoning Commis don, tirade him a strong candidate. Southlake voters also elected lawyer David Harris over horse trainer Dots Schroetke to fill the Place 4 aouacH seat. 36 percent to 44 percent. That Beet was vacated when Me. Hall resigned to run for atayor. She lost In the May 4 general election. In Mansfield, voters who have a history of rejecting school bond proposals in recent years over. whelmingly approved a $263 aril• lion bond package for city improve. meats. Sale of the bonds will finance a new central fire station, an sppaded police department computer systea and the renova- tion of reran! streets. City o[fkiala have said passage of the bond package will not lead to tau lnc:saaes in other elections, Diane Flora beat WUUM Velasra Q by 32 per- cent to 43 percent for an open seat In Diable 6 an the Dallas County Community College Distrla board Ma. Flores. 44, is a program coon dinator at the Univertdty of Taus at Arlington who wants to combat dwindling enrollment at commani. ty collages by sareselvely recruit• ing local Hispanic students. Mr. Ve- lasco, 41, a self-employed oonwwdon consultant and subatt- tuts towhee, has said the district could increase anrotlment by mar. koUng itself better. In Farmers Branch, Berry R. Grubba beat Al Wagner 62 percent to 38 percent for the piece 2 council neat. In Frisco, Mike Zapata beat Mah- er Maio, 37 percent to 43 percent for Plana 3, which was vacated by for- mer Council member Dick Void. Mr. Void resigned to run for mayor. a race which he lost May 4. Also in Frisco, Brett Carson beat Gary Downey by a 2-to-11 ratio for an open seat in Place 6. Council mem- ber Dave Lea= didn't run for to. election. Amy Norris and Tracy -Lynn Clough of the Arlington Morning Tlewv osnttibwtod to ,Aim .�..ww NEWS CLIPPING Source: -E L, � I Date: Lo Baseball and a Bird THANKS to hard work, good coaching and no small amonpE. of baseball skill, the Dragons of Carroll High School are heade+d,for the state- championship tournament in Austin. Thanks, also, to some help from a little bird. Thi's -high school dream -come -true is a well -deserved honor for coach Brent Barker and his team. In his three years at the school, Barker has taken the Dragons to the regional title game every season, only to be eliminated at that level. This year, with a 25-9 record, Carroll has a good chance at the Class 4A state title. Starting pitcher Chance Caple will be on the mound again for the semifinal game on Thursday. It was Caple who led the team to a 4-2 victory over the Lions from McKinney last week In the regional final game, allowing only six hits — four of them the infield variety — and striking out 11. Center fielder Jeremy Sourbeer was on the receiving end of a minor miracle in the McKinney game. A fly ball off a McKin- ney player's bat headed for Sourbeer's territory and then hit and killed a small bird. Sourbeer, primed to catch the ball, fell to the ground, and the ball fell in his glove. With the extraordinary winning record this team has com- piled, it doesn't seem like they need help -from above. But in sports you take the breaks that come your way, even those from a little bird. Don't blame the people of Southlake and nearby areas of Northeast Tarrant County if they seem a bit distracted this week. The Carroll Dragons are on their way to the state tour- nament, and that's very important. They're a good team, with a good coach, and they sense the chance of a championship. Win or lose, it's a great experience for all of us. 'PING Source: Dallas Morning News K&M Division POLY-VU Torrance. Calif. 90503 #PV119E Date: May 31, 1996 Southlake mayor lends support to candidate By Laurie Wilson Staff Writer of The Dallas Morning News SOUTHLAKE — Outgoing Mayor Gary Fickes said Thursday that af- ter weeks of staying mum, he's throwing his support in Saturday's mayoral runoff to. businessman Rick Stacy. This week was also marked by a final flurry of campaign literature by both runoff candidates, Mr. Stacy and Michael Richarme, and some last-minute endorsements. Mr. Stacy also said late Thursday that former. council member and previous mayoral candidate Sally Hall has endorsed him as well. Mr. Stacy, 48, who said that he and Mr. Fickes agree on many key city and local issues, said he's thrilled that the mayor publicly an- nounced his support. "I'm excited that the mayor is going to endorse me," he said. "This definitely gives me a boost going into the election." He said that Mr. Fickes is well -re- garded in the community and that he is proud to have the support of the outgoing mayor. Mr. Richarme, a telecommunica- tions consultant who served on the council with Mr. Fickes, said that he is disappointed that Mr. Fickes endorsed his opponent. "I was fairly comfortable that Gary was going to support me," he said. "I'm shocked and kind of baf- fled." In a written statement, Mr. Fickes said that "it appears that Mr. Stacy's opponent and his supporters have continued to alter the facts concerning Rick Stacy's community involvement and past service to the City.... The position of mayor re- quires strong leadership and the ability to work with all sectors of the city. For this reason, I would urge the citizens of Southlake to select Rick Stacy as mayor." Mr. Richarme, 42, who has served for two years on the council, said that both he and Mr. Stacy sent out mailers to voters this week. Mr. Richarme said his brochures included quotes from Mr. Stacy from newspapers in which, he said, Mr. Stacy. had been been quoted as acknowledging that he had not been involved on city boards and committees since he left the coun- cil in 1988. "Rick's not involved in the Me- troport 114 Partnership and he's not been involved with the city," Mr. Richarme said. "He's admitted that." a 'b 79 -0 . A . R. `� . to 0 Oo o. V v El 90 _ M ,a 8 �y U 8 p I Q 0� O o 10 d d A .". m V y u x CO a «+ 'd Li ;0°'a �3oa"o°°°° A�as mac d 00 yU ct Z� q H o O (n a) a •--• a� ter, o �, a 0 a o bo ao, ►. 3 A cza0 a+ a d p C I N > ti A bo bo y � •� �� b 3 A y c. °�"go V0 43 � a CD Q Q (*(no cz A4AiAac`°wm U �:.�- �3a93iv o ., 082 � � q h,a .ct�ia c�o.�N+�.'b 4 AO'Ao. c Uc.oAS a> a> mg o�0 0 'd w W .a a 3 tnL' AUK AS. ;-, 2 > g 3rn wE..� zb"" 'sw `.cicc°i�e°�o3 �_ e0S w�y y0.a —wIt 5 o�� cy- C 0.2 U 3y C ° c: w 4 J L 7 NN °O " mL C Ii c0 V �■ a) V EVE V a c Com 0 3 a)v,0 .. N" c O a) 3 *' R. « t a? 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U Cy �� W W a`i h 42 O W N U U U N 3J-,rAr F Ww O F`-F Eo w04 0 CITY OF SOUTHLAKE SALES TAX REVENUES six year comparison 1995-96 collected budget balance budget to date balance percent $1.341.000 S.9_ 29.775 S411.225 30.67% MONTH FISCAL YEAR 1 90/91 FISCAL YEAR 91/92 % Inc -Dec FISCAL YEAR 92/93 % Inc -Dec FISCAL YEAR 93/94 % Inc -Dec FISCAL YEAR 94/95 % Inc -Dec FISCAL YEAR 95/96 " % Inc -Dec October $44,081 i $46,731 6.0% $50,956 9.0% $99,408 95.1% $89,951 -9.5% $128,699 43.1% November 37,117 27,929 -24.8% 42,126 50.8% 50,623 20.2% 52,099 2.9% 111,917 114.8% December 28,464 33,273 16.9% 33,850 1.7% 70,155 107.3% 67,243 -4.2% 103,975 54.6% January 47,106 40,012 -15.1% 67,713< 69.2% 106,541 57.3% 95,687 -10.2% 140,362 46.7% February 22,487 40106 78.4% , 39,351'; -1.9% . 57,839 47.0% 68,015 17.6% 95,269' 40.1% March 32,955 37,488' 13.8% 44,176 17.8% 59,378 34.4% 36,600 -4.7% 103,163 82.3% April 41,445 57,543' 38.8% 68,664' 19.3% 87,438 27.3% 88,212 0.9% 137,030 55.3% May 36,627 41,020 12.0% 54,623'' 33.2% 58,291 6.7% 81,109 39.1% 109,371. 34.8% *` I June 37,894 43,105' 13.8% 52,027. 20.7% 59,577 14.5% 83,253;, 39.7% 0:' -100.0%I' July 47,017 51,357' 9.2% 80,567` 56.9% 94,157 16.9% 135,197 43.6% 0 -100.0%, August 35,951' 48,731' 35.5% 48,290 -0.9% 58,980 22.1% 109,594 85.8% 0' -100.0% September 37,004 42,7 I 15.5% 51395, 27.3% 75,228 38.3% 106,563 41.7% Q' -100.0% TOTAL $448,148 $510,036> 13.8% $636,739: 24.8% $877,615'' 37.8% $1,033,502' 17.8% $029,775; 55.2%, scsrax%.wx4 REPORT DATE 06/13/96 • First month or 1 /2 cent additional sales tax. CITY OF SOUTHLAKE SOUTHLAKE PARKS DEVELOPMENT CORPORATION SALES TAX REVENUES 1995-96 collected budget balance budget to date balance percent S670.500 S464-98R $205.612 30.67% FISCAL FISCAL FISCAL YEAR YEAR % Inc YEAR % Inc MONTH 204 94/95 -Dec 25126 October $0 $44,975 n/a $64,344 43.1% November 0 26,049 n/a 55,958 114.8% December 0 33,622 n/a 51,987 54.6% January 0 47,843 n/a 70,181 46.7% February 0 34,007 n/a 47,635 40.1% March 0 28,300 n/a 51,581 82.3% April 0 44,106 n/a 68,515 55.3% May 29,145 40,554 39.1% 54,686 34.8% June 29,788 41,627 39.7% 0 -100.0% July 47,079 67,593 43.6% 0 -100.0% August 29,490 54,792 85.8% 0 -100.0% September 37,614 53,282 41.7% 4 -100.0% TOTAL $173,116 $516,751 $464,888 55.2% SLSTAX96.V/K4 06/13/96 City of Southlake, Texas MEMORANDUM June 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Coy Gray, Administrative Assistant SUBJECT: SYAC Annual Report to City Council In accordance with City Ordinance, the Southlake Youth Action Commission must present an Annual Report to the City Council. Attached is the SYAC Annual Report. Please place on the City Council Agenda for June 18, 1996, SYAC Annual Report. Brydie Andrews, SYAC Chair will present the report. Katie Holzgraefe will be the alternative presenter. You may contact me at 481-5581, extension 806, if you have any questions. cr CG J►� SYAC Annual Report to City Council �r The Southlake Youth Action Commission (SYAC) was created by City ordinance on June 21, 1994. The commission was created to generate public awareness of and support for youth. The commission was also created to familiarize the youth of Southlake with the municipal government and to give youth a voice on various issues concerning youth in Southlake. SYAC currently consists of 30 youth who are citizens of Southlake and are attending school and are between the grades of seventh through twelfth grade. SYAC was very busy the past year: In September SYAC volunteered in the Southlake Stampede. In October SYAC participated in a ropes course to promote teamwork and trust between members. SYAC sponsored the Southlake Youth of the Year Award and presented the award to Lee Wright at the Annual Chamber of Commerce banquet. SYAC kicked February off with the "SMILE YOU'RE IN SOUTHLAKE" campaign by designating February as Random Acts of Kindness Month. We continued the campaign in April by designating April as Picnic Month. On March 28 SYAC hosted a dinner for the visiting students from Southlake's sister city Toyoma, Japan. We presented the visitors with a proclamation, proclaiming March 28 as Toyoma/Southlake Youth Day and T-shirts, with the "Smile, You're in Southlake" theme on them. We had a great time with our guests from Japan. They enjoyed Adventure Alley very much. SYAC members also participated in the Great Texas Trash Off on April 13, we had a good time being involved with the rest of the organizations in the community. SYAC continued its goal to learn about government by visiting the Office of the Attorney General in Austin on Monday, April 22. Representatives from the Office of the Attorney General informed SYAC members about the functions of the AG's office. SYAC members had a question and answer session with the representatives, which was very informative and beneficial to the group. Some of the important issues discussed were juvenile rights and the different types of city governments in Texas. Later that day SYAC had a photo shoot with Governor Bush. Governor Bush had prior commitments so he only spent a couple of minutes with SYAC members. Overall the trip was very worthwhile as SYAC members broaden their knowledge of state and local government. SYAC members volunteered in Southlake's Friendship and Kite Festival on May 11. The Public Relations Committee helped SPIN get eighteen year olds to register to vote by publicizing it in the Carroll High School's media and making and hanging posters on the school's walls. �� r�_�, - 9- SYAC members had a petition signing drive at Carroll High School in support of the expansion of 114. The LeadershipCommittee is coordinating v ing a schedule of events and classes to instill leadership qualities in SYAC members. The Bylaws Committee did not complete updating the bylaws for the commission. SYAC will complete this in the upcoming year. Plans for Next Year Participate in Southlake's 40th Birthday celebration. Participate in ropes course. Tour an area university. Volunteer in area bilingual classes. Host a Youth and Government day. Attempt to have Senator Kay Bailey Hutchinson as a speaker. Participate in Christmas carnival. Build a home for Habitat for Humanity. Volunteer in all annual community projects. Complete bylaws. Attend legislative sessions in Austin. Respectfully Submitted: Brydie Andrews, Chair City of Southlake, Texas MEMORANDUM June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Engineering Services to Design the Water Main(Transmission) Along S.H. 114 from Trophy Club to T.W. King Rd. BACKGROUND: Southlake's water supplier is the City of Fort Worth. Currently, all of the water is transported through a 30-inch line along F.M. 1709 through the City of Keller. The amount of water Southlake can pump through the 30-inch line is reaching the capacity of the line. Recent Council action to purchase a site and authorize bids for the construction of a water storage and pumping facility of F.M. 1709 and Pearson Lane will allow, when the facility is completed in 1997, for additional water to be pumped throughout 30-inch water main. It should be noted that this 30-inch line has been historically known to break through the year. In spring of 1994, Southlake Public Works Staff met with the Fort Worth Water Director to di ;,.,ommunities obtaining a second water transmission line to Southlake. After that meeting Fort Worth called a in Northeast Tarrant County together to discuss the water needs for the area. This grohen authorized Alan Plummer and Associates, Inc. to study the existing water supply system and to make recommendations for a regional water supply plan for the area. The report was complete in April 1995. The attached Figure ES-1 shows the regional improvements needed over the next twenty years. Southlake has an immediate need for a second line to provide an increased supply of water for the City but just as importantly a redundant or second line in case of failure of the existing 30-inch line. In accordance with the Council's action to purchase land for a water storage/pumping facility on T.W. King, we can now proceed to design the storage/pumping facility which will be completed by Cheatham and Associates and design the required transmission water main along S.H. 114 from Trophy Club to supply the storage tank. Freese -Nichols, Inc., is a very reputable engineering firm from Fort Worth. They are currently designing the water system for Alliance Development Company's Lake Turner Municipal Utility Districts, MUDs, (Westlake) and will be updating the Water Master Plan for the City of Keller. Due to the proposed Regional Water Supply Plan and the future sharing of the S.H. 114 water line, hiring Freese -Nichols to design the water main will utilize the information they have already obtained from Alliance and the City of Keller. RECOMMENDATION: Staff's recommendation is for Council to accept the proposal prepared by Freese -Nichols Inc. and aqJ Ize the City Manager to enter into the Agreement For Engineering Services with Freese -Nichols the waterline extension along S.H. 114 from Trophy Club to T.W. King Road. at the Regular 5A-1 MEMORANDUM CURTIS E. HAWK E riNEERING SERVICES FOR WATERLINE J ! 4, 1996 City Council Meeting on June 18, 1996. Attachment: Freese -Nichols Letter dated May 7, 1996 Freese -Nichols Memorandum dated May 7, 1996 Agreement for Engineering Services Figure ES-1 Exhibit C:\WPWIN60\WPDOCS\WATER\TRPHY-CL.MEM 31 L 5A-2 A C E N T U R Y O F S E R V I C E FREESE-NICHOLS May 7, 1996 Mr. Bob Whitehead, P.E. 667 N. Carroll Ave. Southlake, TX 76092 Re: Trophy Club Waterline Extension Proposal for Engineering Services Dear Mr. Whitehead: Freese and Nichols, Inc. is pleased to present our scope and fee for professional services for design and construction administration of the extension of the Trophy Club water supply line to the City of Southlake. Freese and Nichols understands the importance of this additional water supply in meeting the City's water demand needs. The project, in general, consists of approximately 11,100 feet of 20" to 24" waterline from the (xisting Trophy Club water supply line, beginning at a point south of SH 114 across from the ,,,rophy Club entrance and ending at the location of a future City of Southlake pump station site to be located on TW King Drive. This project also includes the design of one metering vault at the pump station site. Based on our meeting on April 9, 1995, we have prepared the following scope of services and attached contract for your review. Scope of Services: I. Preliminary Design 1. Freese and Nichols (F&N) will prepare a letter report which will verify the design criteria for this project. The items to be confirmed shall be: a. Pipeline Route/Location b. Line size(s) C. Anticipated location of future regional 30" pipeline connection from the south which is currently indicated to be at Precinct Line Road. d. Metering requirements e. Permitting requirements f. Additional testing needs, if any g. Opinion of Probable Construction Cost MAY 0 8 TS Freese and Nichols, Inc. Engineers Environmental Scientists Architects 4055 International Plaza Suite 200 Fort Worth, Texas 76109-4895 817-735-7300 Metro 817-429-1900 Fax 817-735-7491 Mr. Bob Whitehead, P.E. '(y 7, 1996 Uae2 In developing this report we will meet a maximum of one time with each of the following entities: City of Keller City of Fort Worth City of Keller City of Westlake Trinity River Authority Texas Department of Transportation (TxDOT) Alliance Development (related to Circle T Ranch Development) II. Design Phase 1. F&N will perform the field surveys for the design of the project, including physical surface features, property boundaries and other features as may be required for design purposes. 2. F&N will prepare detailed plans, specifications and contract documents to be constructed. It is anticipated that the plans will be prepared at a plan view scale of 1" = 50'. 3. F&N will prepare the permit application for the SH 114 crossing for execution by the City of Southlake and TxDOT. 4. Update the Opinion of Probable Construction Cost, and prepare the bidder's proposal forms (project quantities) of the improvements to be constructed. III. Construction Phase F&N will provide general representation as proposed in the attached Agreement for Engineering services. Easement Preparation: Q-1 Easements and exhibits will be prepared as required. Three copies of sealed final easements with exhibits will be provided. The cost of easement preparation will be on a per easement cost. 5A-4 Mr. Bob Whitehead, P.E. -X4ay 7, 1996 U11e 3 Compensation Freese and Nichols proposes to provide the services within the attached Agreement For Engineering Services for 10.5 % of the construction cost, with a maximum cost for basic services not to exceed $136,500, regardless of construction cost. The cost of easement preparation shall be on a per easement cost of $635. Cost for additional services shall be as specified in the attached agreement. No additional services will be provided without prior approval of the City. We appreciate this opportunity to be of service to the City of Southlake. If you have any questions or require any additional information, please call me at 735-7235. Sincerely, Michael L. Nichols, P.E. Principal zd\MMOPP9&91 \T: \SOUTHLAKE. PRO QW L 5A-5 NESE-INICHC)LS MEMORANDUM Simon W. Freese, P.E. 1900-1990 Marvin C. Nichols, P.E. 1896-1969 TO: Bob Whitehead FROM: Mike Nichols SUBJECT: Trophy Club Waterline Extension MAY 0 8 iu`�-,J Engineering Fee and Schedule DATE: May 7, 1996 This memorandum is being provided to supplement the proposal for engineering services as described in our letter dated May 7, 1996. Schedule: our understanding that the City is in need of this new delivery as soon as possible; however, <t rs not anticipated that it will be in service until the spring of 1998. As we discussed, Freese and Nichols believes that an accelerated design schedule could provide for the a fully operational supply line by the summer of 1997. A possible schedule for the pipeline design and construction would be as follows: Start Date End Date Duration in weeks Notice To Proceed May 27, 1996 Preliminary Design Phase May 27, 1996 July 19, 1996 8 Design Survey June 10, 1996 August 2, 1996 8 Design Phase August 5, 1996 October 11, 1996 10 Advertising October 12, 1996 November 11, 1996 4 Award/Notice to Proceed November 11, 1996 December 2, 1996 3 Construction December 2, 1996 June 2, 1997 26 However this schedule does not take into account review time by the City, the need for ROW or property acquisition, nor the time required for design and construction of the proposed pumpstation. With these factors and others that the City may be aware of, the overall schedule of the spring of 1998 may be a more reasonable schedule. We will, of course, work with the City to meet any agreed upon schedule. 5A-6 FREESE AND NICHOLS • 4055 INTERNATIONAL PLAZA, SUITE 200 • FORT WORTH, TEXAS 76109-4895 TELEPHONE: 817-735-7300 • METRO: 817-429-1900 • FAX: 817-735-7491 • FORM DATE: 6/14/94 Fee: equested we have proposed a fee structure based on a percent of construction with a ��CC imum fee regardless \r► g ess of construction cost. Attached is a very preliminary opinion of probable construction cost. Based on the attached estimate we would anticipate the construction cost to be between $1.1M to 1.3M. As indicated in the proposed contract we have estimated a fee of 10.5% for this project, which would relate to a fee of between $115,500 to $136,500. Also as noted in our proposed contract we have set the maximum possible fee for basic services, including surveying, at $136,500. The surveying cost for this project is anticipated to be $30,000, which of course is a large portion of the overall design cost. For your information we also provide the following approximate breakdown of the fee. Item Portion of Of Estimated 10.5 % Fee Project Management 0.4 % 4 % Prel. Design Phase 1.0 % 9 % Design Phase 4.7 % 45 % Construction Phase 1.5 % 14 % Expenses 0.5 % 5 % Expenses & Surveying 2.4 % 23 % Total 10.5 % 100 % attached are fee calculations based on the latest CEC/TSPE Guidelines as publish ed ed in 1993. Based on the factors I have assumed the fee based on a percent of construction should range from 8.2 % to 8.4 %. When the cost of surveying is included the overall percentage would increase to approximately 10.6%. I hope this additional information is of assistance in the evaluation of the proposed engineering proposal and in the planning of the overall project. 5A-7 FREESE AND NICHOLS • 4055 INTERNATIONAL PLAZA, SUITE 200 • FORT WORTH, TEXAS 76109-4895 TELEPHONE: 817-735-7300 • METRO: 817-429-1900 • FAX: 817-735-7491 • FORM DATE: 6/14/94 raOPINION OF PROBABLE CONSTRUCTION COST FREESE - NICHOLS CONCEPTUAL AREA WATER PLAN raereoanxmo- TOWN OF WESTLAKE AND CIRCLE T RANCH ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL REINFORCED• 24" BORE 300 LF $216.00 $64 800 24" RCCP 4000 LF $61.00 $244 000 20" RCCP 7000 LF $52.00 $364 000 METER VAULT 1 LS $15,000.00 $15 000 AIR RELEASE VALVES 3 1 LS $12 000.00 $12 000 ISOLATION GATE VALVES 4 1 1 LS $40,700 ASPHALT ROAD REMOVAL AND REPLACEMENT 700 TON$50.00 L$�40,700.00 $351000 MISCELLANEOUS TIE-INS, FITTINGS ETC. 1 LS 0,000.00 $20000 METER VAULT 1 LS 5 000.00 $15 000 16" TURBINE METER AND PIPING 1 EA $25,000.00 $25 000 EROSION CONTROL 22000 LF $1.00 $22,000 SEEDING 18000 SY $0.30 $5,400 TRENCH SAFETY 11000 LF $3.00 $33 000 SUBTOTAL: $895 900 SUBTOTAL: $940 700 �1r SUBTOTAL: $1,081,800 fits :.::.::::.::.,::.:::.::,:::.' 5A-8 R:(ESTIMATE10PR05lPIPE\WESTLAKE.W82 PAGE 1 PROFESSIONAL ENGINEERING FEE CALCULATIONS based on `Method Related to Construction Costs' PRT 'SIGNAL ENGINEERING SERVICES A e to the Selection and Negotiation Process 1993 A joint publication of the Consulting Engineers Council of Texas and Texas Society of Professional Engineers CITY OF SOUTHLAKE WATER SUPPLY LINE TECHNICAL FACTORS 1. Level of information required on plans/drawings -0.10 2. Project requirements -0.20 3. Existing data -0.20 OWNER CONTROLLED FACTORS 1. Risk/liability (base standard of risk limited to fee) 0.00 2. Time required for owner review/approvals 0.00 3. Number of submittals/owner reviews 0.00 4. Schedule for completing work 0.00 5. Payment schedule 0.00 6. Owner requested subconsultants 0.05 7. Owner participation in project/partnering 0.00 8. Construction inspection limiting participation of engineer 0.05 EX'AL FACTORS 1. Coordination with other entities 0.10 2. Environmental regulations 0.00 3. `Not in my back yard'/Citizen's involvement 0.00 4. Governmental constraints 0.00 TOTAL FEE FACTOR -0.30 TOTAL CONSTRUCTION COST $1,300,000 FEE PERCENTAGE 8.22 TOTAL FEE $106,860 MICHAEL L. NICHOLS 5A-9 PROFESSIONAL ENGINEERING FEE CALCULATIONS based on `Method Related to Construction Costs' PRO >IONAL ENGINEERING SERVICES ,A G to the Selection and Negotiation Process 1993 A joint publication of the Consulting Engineers Council of Texas and Texas Society of Professional Engineers CITY OF SOUTHLAKE WATER SUPPLY LINE TECHNICAL FACTORS 1. Level of information required on plans/drawings -0.10 2. Project requirements -0.20 3. Existing data -0.20 OWNER CONTROLLED FACTORS 1. Risk/liability (base standard of risk limited to fee) 0.00 2. Time required for owner review/approvals 0.00 3. Number of submittals/owner reviews 0.00 4. Schedule for completing work 0.00 5. Payment schedule 0.00 6. Owner requested subconsultants 0.05 7. Owner participation in project/partnering 0.00 8. r--�nstruction inspection limiting participation of engineer 0.05 EXTL FACTORS 1. Coordination with other entities 0.10 2. Environmental regulations 0.00 3. `Not in my back yard'/Citizen's involvement 0.00 4. Governmental constraints 0.00 TOTAL FEE FACTOR -0.30 TOTAL CONSTRUCTION COST $1,100,000 FEE PERCENTAGE 8.36 TOTAL FEE $91,960 MICHAEL L. NICHOLS 5A-10 AGREEMENT FOR ENGINEERING SERVICES STATE OF TEXAS COUNTY OF TARRANT 0 This Agreement is entered into this _ City of Southlake, Texas, hereinafter called hereinafter called "ENGINEER". 5-1-95 day of , 1996, by the "OWNER" and Freese and Nichols, Inc., In consideration of the agreements herein, the parties agree as follows: SECTION I EMPLOYMENT OF ENGINEER In accordance with the terms of this Agreement: OWNER agrees to employ ENGINEER; ENGINEER agrees to perform professional engineering services in connection with the Project; OWNER agrees to pay to ENGINEER compensation. 'he project includes extending a waterline (20" to 24") from the existing 21 " Trophy ,` ,.,,tub supply line to the City of Southlake. The line will connect to the existing waterline on the south side of S.H. 114 approximately 1,000 feet west of the main Trophy Club entrance. The line will then go easterly along the south side of S.H. 114 (on private property) for approximately 7,600 feet. At this point, the line will cross S.H. 114 to an existing road (TW King Drive) which parallels the city limit lines between Trophy Club and Southlake. Then the line will go north, located within the street ROW, to the location of the future City of Southlake Pumpstation. The total length of the project is approximately 11,100 feet. For the majority of the distance, the waterline will be following a 24" force main which is currently being installed. The project shall also include the design of a metering vault at the future pumpstation site. SECTION II BASIC SERVICES ENGINEER shall render the following professional services in connection with the development of the Project: 5A-11 A. PRELIMINARY DESIGN PHASE � I. Study and Report Phase Upon execution of this Agreement, ENGINEER shall: a. Consult with OWNER: (1) to review the scope of work, (2) to verify OWNER's requirements for the Project, and (3) to review available data. b. Advise OWNER as to the necessity of OWNER's providing or obtaining data or services from others, and assist OWNER in connection with any such services. C. Provide analyses of OWNER's requirements for the Project, as verified in Section II, Paragraph A. La., including planning, surveys, site evaluations and comparative studies of prospective sites and solutions. d. Prepare a Letter Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the considerations involved and setting forth ENGINEER's findings and recommendations with opinions of probable construction costs for the Project, which includes estimates of contingencies and allowances for charges of professionals and consultants. Allowances for the cost of land and rights -of -way, compensation for or damages to properties and interest and financing charges will be provided by OWNER or others so designated by OWNER, all of which are hereafter called "Project Costs". The items to be confirmed in the Letter Report shall be: 1. Pipeline Route/Location 2. Line size(s) 3. Anticipated location of future regional 30" pipeline connection from the south which is currently indicated to be at Precinct Line Road 4. Metering requirements 5. Permitting requirements 6. Additional testing needs, if any 7. Opinion of Probable Construction Cost In developing this report we will meet a maximum of one time with each of the following entities: 2 5A-12 City of Fort Worth Town of Trophy Club \.,. City of Keller City of Westlake Trinity River Authority Texas Department of Transportation (TxDOT) Alliance Development (related to Circle T Ranch Development) e. Furnish 3 copies of the Report and present and review it in person with OWNER. B. DESIGN PHASE: Upon execution of this Agreement, ENGINEER shall provide professional services in this phase as follows: 1. F&N will perform field surveys for the design of the project, including physical surface features, property boundaries and other features as may be required for design purposes. 2. Prepare detailed plans, specifications, contract documents, designs, and layouts of improvements to be constructed. Plans will be prepared at a plan view scale of V = 50'. 3. Advise OWNER of need for and recommend scope of all subsurface investigations, special analysis, hydraulic model studies, underwater exploration, environmental permitting and mapping, etc, and the retention of special consultants. The cost of such services shall be paid by OWNER and are not included in the services performed by ENGINEER. 4. Furnish OWNER, when requested, the engineering data necessary for applications for routine permits required by local, state and federal authorities. Preparation of detailed applications and supporting documents for government grants or for planning advances will be provided as Additional Services. However, the ENGINEER shall prepare the permit application for the S.H. 114 crossing for execution by the OWNER and TxDOT. 5. Submit plans, specifications, and contract documents to the applicable federal and state agency(s) for approval, where required. 6. Furnish such information necessary to utility companies whose facilities may be affected or services may be required for the Project. 3 L 5A-13 7. Prepare revised opinion of probable construction cost, and bidder's proposal forms (project quantities) of the improvements to be constructed. 8. Furnish OWNER three (3) sets of copies of plans, specifications, and bid proposals marked "Preliminary" for approval by OWNER. Upon final approval by OWNER, ENGINEER will provide OWNER ten (10) sets of copies of "Final" plans. As directed by OWNER, additional sets of plans, specifications and bid documents as are necessary in the receipt of bids for construction and as are required in the execution of the Project, shall be furnished by ENGINEER and shall be paid for by OWNER at actual cost of reproduction. C. CONSTRUCTION PHASE: Upon completion of the design services and approval of "Final" plans and specifications by OWNER, ENGINEER will proceed with the performance of services in this phase as follows: Assist OWNER in securing bids, issuing notice to bidders and notifying construction news publications. The notice to bidders will be furnished to OWNER for publication in the local news media. The cost for publications shall be paid by OWNER. 2. Assist OWNER in the opening, tabulation, and analysis of the bids received L„ and furnish recommendations on the award of contracts or the appropriate actions to be taken by OWNER. 3. Assist OWNER in the preparation of formal contract documents for construction contracts. 4. Assist OWNER in conducting pre -construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project. 5. Construction staking shall consist of. Staking property corners of all parcels (at the easement boundary) crossed by the waterline. Providing horizontal control staking by establishing all PI's as well as staking the centerline of the waterline at 500 foot intervals. Vertical control will be provided by the establishment of four benchmarks along the route and one at the future pumpstation site during the design survey. 4 5A-14 6. Make 2 visit(s) each month to the site (as distinguished from the continuous services of a Resident Project Representative) for a maximum of 6 months to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Contract Documents. If ENGINEER is requested to visit the site more frequently than the specified number of visits each month, the requested visits shall be considered an Additional Service and ENGINEER shall be entitled to additional compensation. 7. In performing the services outlined above, ENGINEER will endeavor to protect OWNER against defects and deficiencies in the work of Contractors; ENGINEER will report any observed deficiencies to OWNER, however, it is understood that ENGINEER does not guarantee the Contractor's performance, nor is ENGINEER responsible for supervision of the Contractor's operation and employees. ENGINEER shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. ENGINEER shall not be responsible for the acts or omissions of any person (except his own employees or agent) at the Project site or otherwise performing any of the work of the Project. 8. Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project. The cost of such quality control shall be paid by OWNER and is not included in the services to be performed by the ENGINEER. 9. Consult and advise with OWNER during construction, make recommendations to OWNER regarding materials and workmanship, and prepare change orders with OWNER's approval. 10. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and test equipment and other data pursuant to the General Conditions of the Construction Contract. 11. Assist OWNER in arranging for testing of materials and laboratory control during construction to be conducted at OWNER's expense. 12. Interpret intent of the plans and specifications for OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by OWNER, for substitutions of equipment and/or materials or deviations from the plans and specifications will be considered an Additional Service. 5 5A-15 13. Review and comment on monthly and final estimates for payment to Contractor(s), pursuant to the General Conditions of the Construction Contract. 14. Conduct, in company with OWNER's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Contract Documents, and review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). 15. Revise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction. Two (2) sets of prints of "Record Drawings" shall be provided by ENGINEER to OWNER. SECTION III ADDITIONAL SERVICES Additional Services to be performed by ENGINEER, if authorized by OWNER, which are not included in the above described basic services, are described as follows: k. Field Surveying to locate and verify the ground elevation of soil borings, if required. B. Field layouts or the furnishing of construction line and grade surveys beyond the service provided in the Basic Services. C. Making necessary property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. D. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by OWNER. E. Preparing applications and supporting documents for government grants, loans, or Planning advances and providing data for detailed applications. F. Providing shop, mill, field or laboratory inspection of materials and equipment. 6 5A-16 G. Preparing any required Operation and Maintenance Manuals or conducting operator training. H. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to OWNER. I. Furnishing the services of a Resident Project Representative to act as OWNER's on -site representative during the Construction Phase, if requested by OWNER. The Resident Project Representative will act as directed by ENGINEER in order to provide more extensive representation at the Project site during the Construction Phase. The duties and responsibilities and the limitations on the authority of the Resident Project Representative and assistants will be set forth in Attachment A which is to be identified, attached to and made a part of this Agreement. Through more extensive on -site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work. Furnishing the services of a Resident Project Representative is subject to the provisions of Section II C.6. If OWNER determines to provide personnel to support the activities of the Resident Project Representative who is ENGINEER or ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such personnel will be set forth in an Attachment attached to and made a part of this Agreement before the services of such personnel is begun. It is understood and agreed that such personnel will work under the direction of and be responsible to the Resident Project Representative. OWNER agrees that whenever ENGINEER informs him in writing that any such personnel are, in his opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced. J. Assisting OWNER in claims disputes with Contractor(s). K. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the plans and specifications. L. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. 7 5A-17 M. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and `., analyses, permitting assistance, and other assistance required to address environmental issues. SECTION IV RESPONSIBILITIES OF OWNER OWNER shall perform the following in a timely manner so as not to delay the services of ENGINEER: A. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project. B. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the plans and specifications. C. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. D. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under this Agreement. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 5A-18 G. OWNER shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by OWNER. H. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or- ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. I. OWNER shall determine, prior to receipt of construction bid, if ENGINEER is to furnish Resident Project Representative service so the Bidders can be informed. J. If OWNER designates a person to serve in the capacity of Resident Project Representative who is not ENGINEER or ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in an Attachment attached to and made a part of this Agreement before the Construction Phase of the Project begins. Said attachment shall also set forth appropriate modifications of the Construction Phase services as defined in Section II.C, together with such adjustment of compensation as appropriate. K. Attend the pre -bid conference, bid opening, preconstruction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. L. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect or nonconformance of the work of any Contractor. M. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Section III of this Agreement or other services as required. N. Bear all costs incident to compliance with the requirements of this Section IV. 9 5A-19 SECTION V COMPENSATION For and in consideration of the services to be rendered by ENGINEER, OWNER shall pay the fees hereinafter set forth. A. COMPENSATION TERMS: 1. "Construction Cost" is defined as the total cost to OWNER for the execution of the work on the construction Project, excluding the fees or other costs for engineering and legal services and the cost of land, right-of-way, and administrative expenses, but including the direct cost to OWNER of all current construction contracts, items of construction including labor, materials and equipment, required for the completed work (including extras) and the total value at the site of Project of all labor, materials and equipment purchased or furnished directly by OWNER for the Project. 2. "Salary Cost" is defined as the cost of payroll for ENGINEER and ENGINEER's employees, draftsmen, technicians, surveyors, clerks, laborers, etc. for time directly chargeable to the Project, plus Social Security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. (Salary cost is equal to 1.48 times payroll payments. This factor is adjusted annually.) 3. "Sub -Contract Expense" is defined as the expense that is incurred by ENGINEER in employment of others in outside firms for services in the nature of foundation borings, testing, surveying, process design and similar services that are not included in the Basic Services. 4. "Direct Non -Labor Expense" is defined as that expense for any assignment incurred by ENGINEER for supplies, transportation and equipment, travel, communications, subsistence and lodging away from home and similar incidentals in connection with that assignment. B. BASIC SERVICES: `S%- For providing Basic Services as described in Section II for the Project, ENGINEER shall be paid a Basic Fee computed as a percentage of the construction cost of each portion of the Project authorized for the same bid date. This fee shall be 10.5 % of the construction cost, with a maximum fee of $136,500, regardless of the construction cost. The maximum fee shall 10 5A-20 only be adjusted if the scope of the project and the associated engineering effort is modified. For the purposes of preparing a statement, 15 % of the Basic Fee shall be for the Preliminary Phase (Section II, A.), 70% of the Basic Fee shall be for the Design Phase (Section II, B.), and 15 % of the Basic Fee rate shall be for the Construction Phase. If construction bids are received and a contract is not awarded, payment to ENGINEER shall be 85 % of the Basic Fee times the lowest bona fide bid received. If construction bids are not received within six (6) months of the submission of final documents by ENGINEER, payment to ENGINEER shall be 85 % of the Basic Fee times the final opinion of probable construction cost developed and agreed to by OWNER and ENGINEER. 2. If a portion(s) of the Project is deleted by OWNER following submittal of the Preliminary Design Phase, the payment to ENGINEER for the deleted portion of the Project shall be 25 % of the Basic Fee rate, as determined in 1. above, times the estimated probable construction cost for the deleted portion of the Project. If a portion(s) of the project is deleted by OWNER following submittal of final plans and specifications, the payment to ENGINEER shall be 85 % of the Basic Fee rate, as determined in 1. above, times (1) the actual construction cost of the part under contract, plus (2) the final estimated probable construction cost of the deleted portion of the Project. +�.. `... 3. ENGINEER may submit requests for partial payment based on the amount of work complete; however, the sum total of those payments for the Basic Services shall not exceed 90% of the total estimated fee at time of submission of the final plans and specifications to OWNER. The final 10 % shall be due and payable upon submission of the "final" plans and specifications to OWNER. The estimated fee shall be based on the preliminary opinion of probable construction cost. The final fee will be adjusted to reflect actual construction cost. Fees for General Representation shall be computed on the basis of value of construction work performed by the Contractor as reflected by the monthly estimates prepared by ENGINEER. C. ADDITIONAL SERVICES: If approved by OWNER, Additional Services as described in Section III, ENGINEER shall be compensated as follows: 11 5A-21 1. Where the services of individuals are supplied by ENGINEER, as authorized by OWNER, payment for these services will be based on salary rates provided in Attachment B. 2. Services for direct non -labor expense and sub -contract expense provided by ENGINEER shall be reimbursed at actual cost times a multiplier of 1.15. 3. Cost for easement preparation shall be $635 per easement. This shall include three (3) copies of sealed final easements with exhibits. 4. If alignment changes are made after the initial design survey is completed, the cost of re -surveys will be $2.75 per foot. SECTION VI PAYMENT Payment for the services of ENGINEER shall be due and payable upon submission of a statement for services to OWNER. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this Agreement will be added to ENGINEER's compensation. . OWNER fails to make any payment due ENGINEER for services and expenses within thirty (30) days after receipt of ENGINEER's statement for services therefore, the amounts due ENGINEER will be increased at the rate of one percent (1 %) per month from said thirtieth (30th) day, and, in addition, ENGINEER may, after giving seven (7) days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full, all amounts due for services, expenses and charges. SECTION VII OPINION OF PROBABLE CONSTRUCTION COST ENGINEER will furnish an opinion of probable construction cost of the work, but does not guarantee the accuracy of such estimates. Opinions of probable construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance cost prepared by ENGINEER hereunder will be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgement as an experienced and qualified design professional. It is recognized, however, that ENGINEER does not have control over the cost of labor, material, equipment or services furnished by others or over market 12 5A-22 conditions or contractors' methods of determining their prices, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of the deport must of necessity be speculative until completion of its detailed design. Accordingly, ENGINEER does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by ENGINEER to OWNER hereunder. SECTION VIII REVISION TO PLANS AND SPECIFICATIONS OWNER reserves the right to direct substantial revision of the plans and specifications after approval by OWNER, as OWNER may deem necessary, but in such event, OWNER shall pay to ENGINEER just and equitable compensation for services rendered in making such revisions. SECTION IX OBSERVATION AND REVIEW OF THE WORK ENGINEER will endeavor to protect OWNER against defects and deficiencies in the work of Contractors, by observation of the work as it progresses, by interpretation of .le plans, specifications and other Contract Documents to and with the Contractors, by the disapproval of defective work as may be observed and the issuance of stop -orders from OWNER with respect to defective material and workmanship where they are observed, and ENGINEER will exercise due diligence to assist OWNER in requiring that the work be done in accordance with plans and specifications; but the Contractor will remain independent contractor with OWNER, and ENGINEER does not guarantee the performance of such construction contracts. As set forth in Section II, C.7 and Section III.I, ENGINEER shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. Also, ENGINEER shall not be responsible for the acts or omissions of any person except his own employees and agents at the Project site or otherwise performing any of the work for the Project. SECTION X OWNERSHIP OF DOCUMENTS All documents prepared or furnished by ENGINEER (and ENGINEER's independent associates and consultants) pursuant to this Agreement are instruments of service and 13 5A-23 ENGINEER shall retain an ownership and property interest herein. OWNER may make end retain copies for information and reference; however, such documents are not \�,._.ntended or represented to be suitable for reuse by OWNER or others. Any reuse by OWNER or by those who obtained said documents from OWNER without written verification or adaptation by ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further reasonable compensation. SECTION XI ARBITRATION No arbitration arising out of, or relating to, this Agreement involving one party to this Agreement may include the other party to this Agreement without their approval. SECTION XII TERMINATION OF CONTRACT 'he obligation to provide services under this Agreement may be terminated by either arty upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms thereof through no fault of the terminating party. In the event of any termination, ENGINEER will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. SECTION XIII POLLUTANTS AND HAZARDOUS WASTES It is understood and agreed that the ENGINEER has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at the site, if any, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the WORK required by this AGREEMENT, ENGINEER does not take possession or control of the subject site, but acts as an invitee in performing the services, and is not therefore responsible for the existence of any pollutant present on or 14 5A-24 migrating from the site. Further, ENGINEER shall have no responsibility for any pollutant during clean-up, transportation, storage or disposal activities. SECTION XIV SUCCESSORS AND ASSIGNMENTS OWNER and ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. SECTION XV ATTACHMENTS The following Attachments are attached to and made a part of this Agreement: Attachment A - Duties and Responsibilities of the Resident Representative Attachment B - Schedule of Charges Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. This Agreement constitutes the entire Agreement between OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument. 15 5A- 25 N"" his contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed this Agreement, the , 1996. ATTEST: ATTEST: Ll I 16 5A-26 day of CITY OF SOUTHLAKE, TEXAS M. FREESE AND NICHOLS, INC. ENGINEER ATTACHMENT A Duties, Responsibilities and Limitations of Authority of Resident Project Representative A. General. Resident Project Representative is ENGINEER's Agent, will act as directed by and under the supervision of ENGI- NEER, and will confer with ENGINEER regarding his actions. Resident Project Representative's dealings in matters pertaining to the on -site Work shall in general be only with ENGINEER and CONTRACTOR, and dealings with subcontractors shall only be through or with the full knowledge of CONTRACTOR. Written communication with OWNER will be only through or as directed by ENGINEER. B. Dudes and Responsibilltle3, Resident Project Representative will: I. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. 2. •ferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences squired in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings, and _,ntain and circulate copies of minutes thereof. 3. Liaison: a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superinten- dent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on -site operations. b. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper execution of the Work. 4. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of their availability for examination. b. Advise ENGINEER and CONTRACTOR or its superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. S. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on -site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment: and advise ENGINEER when he believes Work should be corrected or rejected or should 6e uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that CONTRACTOR maintains adequate records thereof. observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project. record t1 outcome of these inspections and report to ENGINEER. QQ 1979 by National Society of Profc-tsional Engineers. 2029 K St.. N.W.. Washington, D-C. 20006 5A-27 - NSPE/ACEOASCF Publication No. 1910-1-A 1979 Edition I% - ATTACHMENT B SCHEDULE OF CHARGES BILLABLE SALARY RATES POSITION PRINICIPAL MIN MAX SENIOR CONSULTANT 122.93 174.85 GROUP MANAGER 70.63 210.46 DISCIPLINE LEADER 117 28 176 87 PROGRAM MANAGER 84.45 140.07 SENIOR ENGINEER 78.24 97.81 ENG INEER V 95.45 120.23 ENGINEER IV 96 4 2.2 10.96 ENGINEER III 7068 9885 .85 ENGINEER II 63..19 84.99 ENGINEER I . .31 SR. ELECTRICAL ENGINEER 42.67 55.83 ELECTRICAL ENGINEER IV 98.90 123.62 ELECTRICAL ENGINEER 111 74.52 93.15 MECHANICAL ENGINEER III 66.10 84.33 RESIDENT ENGINEER 53.12 66.40 SENIOR RESIDENT REPRESENTATIVE 94A7 118.09 FIELD REPRESENTATIVE 11 72.97 83.03 DESIGNER 11 48.94 65.26 DESIGNER I 74.34 96.56 SENIOR ENGINEERING TECHNICIAN 46.94 75.50 ENGINEERING TECHNICIAN 68.62 83.79 TECHNICIAN II 49.25 64.21 TECHNICIAN 1 42.42 65.38 DRAFTER 40.76 47.59 CONSTRUCTION SERVICES TECH 11 30.79 38.49 PLANNER IV 43.98 54.98 ENVIRONMENTAL SCIENTIST VI 60.44 75.55 ENVIRONMENTAL SCIENTIST V 77.43 96.79 ENVIRONMENTAL SCIENTIST IV 69.55 86.93 ENVIRONMENTAL SCIENTIST III 65.17 81.46 ENVIRONMENTAL SCIENTIST 11 69.01 77.77 ENVIRONMENTAL SCIENTIST 1 49.97 54.44 ARCHITECT V 45.32 49.06 ARCHITECT IV 77.70 97.12 ARCHITECT III 73.44 93.43 ARCHITECT II 60.21 75.27 SENIOR GEOLOGIST 50.69 63.36 HYDROLOGIST II 71.45 89.32 HYDROGEOLOGIST 53.52 57.08 WORD PROCESSING/SECRETARIAL 70.40 88.00 OPERATIONS ANALYST 38.02 57.08 CONTRACT ADMINISTRATOR 59.84 76.85 INFORMATION SERVICES CLERK 35.15 43.94 CO-OP 33.23 41.53 18.78 37.78 The ranges and individual salaries will be adjusted annually. RATES FOR INHOUSE SERVICES Computer and CAD Calcomp Plotter PC CAD Stations $10.00 per hour Bond $2.00 per plot Interpro $12.50 per hour Color $3.50 per plot PC Stations $8.00 per hour Vellum $4.00 per plot VAX Computer $20.00 per hour Mylar $10.00 per plot Print Shop Bluelines $0.07 per square foot Offset and Xerox Copies $0.07 per single side copy Offset and Xerox Copies $0.14 per double side copy GBC Binding(Reg. Cover) $2.00 per book GBC Binding(Emboss. Cover) $4.00 per book Tape Binding(Reg. Cover) $1.75 per book Tape Binding(Emboss. Cover) $3.75 per book Testing Apparatus Density Meter $350.00 per month Gas Detection $10.00 per test OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. expense, They include outside printing and reproduction communication expense, travel, transportation and subsistence away expenses directly related to the work, including costs laboratory from Fort Worth and other miscellaneous of analysis, tests, and other work required to be done independent persons other than staff members. by cpm:A 01 -31 -96 5A-28 Alva Plummer and Aswoiatoo. Ina. M N.E. Tarrant County Water Supply Plan Project Improvements through the Year 2030 Roanoke 3.50 5.00 MGD .� Ft. Worth M. .04T, Trophy Club 8.45 MGD .35 MGD •D66.45 MGD 1''f Westlake of e� 1 1 1 NORTH 21'P8.00MWGGD PEARSON TAN<(2010191 ,l7V+CAYLOR TAAW eller I I _ 07.00 MGD A91-11 :« 9.66 MGD Southlake j ! 4.50 MGD 1 -0 MOD i� 10.97 MGD PEARSON TANG 1 30, Ij li i N. BEACH j TAW MI 1 1 i Figure ES —I 5A-29 Legend Tranmbakn Lim ExW" ftikoa t ......— Exlsthq R. Worth ..............• Yew 1997 YnprowmtMt ------ Yew 20001mp ov"wo -- Year 2005 Unprowme R f.f . f."...« Year 20101mprowmenM Noted Location and elm shown for proposed facNitles are pnlinkwry. Acted roulkW and Wdk m to be delermkad dwkiq dNalled design. City of Southlake, Texas MEMORANDUM June 13, 1996 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Denton County Cooperative Purchasing Agreement This purchasing agreement is very much like other purchase agreements that we have entered into that allows the City of Southlake to purchase goods and services that have, from other government entities, gone through a bidding process for those goods and services. It allows us to piggy -back on those purchases and this expands our opportunity to purchase, generally, goods such as vehicles, asphalt, barricades and all other items that would have required a bid process. We sent the agreement to Fielding, Barrett and Taylor and they have made some word insertions. We contacted Denton County and they agreed and have made those changes. Attached is the corrected Cooperative Purchasing Agreement. This agreement may benefit Public Works more than Public Safety, however, any savings, whether it be time or actual low bid purchasing, is of a benefit to the citizens and shows fiscal responsibility. Once this has been approved and signed, I will have Hilary Dresher contact the Denton County Purchasing Agent for a list of opportunities and disperse that list to the proper departments. Please place this on the next City Council Consent Agenda. If you have any questions, please contact me. BC/bls attachment 5-6-t FIELDING, BARRETT & TAYLOR, L.L.P. ATTORNEYS 3400 BANK ONE TOWER 500 THROCKMORTON STREET FORT WORTH, TEXAS 76102 _3821 TELEPHONE (817) 332-2580 (8W) 318-3400 FAX (817) 3-124740 DEBRA A. DRAYOVITCH May 21, 1996 Billy Campbell Director of Public Safety City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: Cooperative Purchasing Agreement Dear Chief Campbell: .t L u I:� ►�E ILI --------------- Analeslie Muncy has asked me to review the Denton County Cooperative Purchasing Agreement. I have done so and find that it is acceptable. The only suggestion I have is that the Contract include language that the County will comply with state laws governing competitive bids and proposals. The first sentence of Section IV of the Agreement provides that all products and services shall be procured by Denton County in accordance with procedures governing competitive bids and competitive proposals. The words "and statutes" should be inserted between "procedures" and "governing." Should you have any questions in ties regard, plcase do not hesitate to call. DAD/re f: \Giles\slake\ letters\ca m p bel I.d01 0 Sincerely, Debra A. Drayovitc DENTON COUNTY PURCHASING DEPARTMENT 301 E. McKINNEY DENTON. TEXAS 78201 March 15, 1996 Honorable Gary Fickes City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Dear Mr. Fickes: 817-565-8672 FAX: 817-565-8679 Denton County has realized the benefits of Cooperative Purchasing between government entities within the county for several years. Enclosed are two copies of the Cooperative Purchasing Agreement prepared by Denton County's Civil Attorney which is available to your entity. The agreement allows cities and school districts to take advantage of cost benefits associated with large volume purchases. All awarded contracts will comply with State law regarding bidding procedures and could benefit your entity as well. Currently, Denton County has had primarily road materials, tires, road signs and vehicles available through cooperative purchasing agreements, yet this contract is* more open and we expect to add several commodities to our list. We would encourage your input in assisting us to decide which commodities are most appropriately purchased together to expand our program. In addition, the Denton County Purchasing Department is hosting a Purchasing Forum on March 27, 1996 from 10:00 a.m. to 3:00 p.m. at the City of Denton Civic Center. I have enclosed an invitation for you and those staff members responsible for purchasing within your entity. There will be many vendors with free samples, door prizes, displays and brochures. While the Forum is scheduled as a come and go event, there will be a scheduled workshop at 11:30 a.m. just for government entities. We anticipate that your attendance will assist in the effort to maximize the Denton County taxpayer's dollar. I hope that you will be able to attend. Please contact me if you have any questions. If you are interested in the Cooperative Purchasing Agreement, please have the appropriate party sign the agreements and return both originals for execution. An original will be returned to you. We look forward to your participation. Sincerely, Beth Flemin .P.M. Director of Purchasing attachments cc: Denton County Commissioners Court 5-(5- 3 COOPERATIVE PURCHASING AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made on the day of . 1996, between the City/Town of _ , State of Texas, and the County of Denton, Texas, each referred to herein as participating governments. WHEREAS, the respective participating governments are authorized by the Interlooal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing of necessary materials and supplies; WHEREAS, it is the desire of the aforesaid participating governments to comply with and further the policies and purposes of the Interlocal Cooperation Act; WHEREAS, the participating governments cannot normally obtain the best possible purchase price for materials and supplies acting individually and without cooperation; and WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of certain materials and supplies for the Denton County fiscal year 1995-1996. NOW, THE ORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein and pursuant to the authority permitted under the Interlocal Cooperation Act, promise and agree as follows: I. Purpose The purpose of this Agreement is to authorize participation of the City/Town of in various Denton County contracts for the purchase of various goods and services. Participation in this cooperative program will be highly beneficial to the taxpayers of the City/Town through anticipated savings to be realized. IL Duration of Agreement This Agreement shall become effective on , 1996 and, unless terminated earlier, remain in effect until September 30, 1996. By mutual agreement of the parties, this Agreement is renewable for additional one-year terms. Termination by either party shall be upon thirty (30) days' written notice to the other party. Ill. Relationship of Parties It is agreed that the City/Town, in receiving products and/or services specified in this agreement, shall act as an independent purchaser and shall have control of its needs and the manner in which they are acquired. Neither the City/Town, it agents, employees, volunteer help or any other person operating under this contract shall be considered an agent or employee of Denton County and shall not be entitled to participate in any pension plans or other benefits that Denton County provides its employees. Denton County shall notify all participating entities of available contracts to include terms of contract, commodity cost, contact names and addresses. Denton County shall keep participating governments informed of all changes to the Cooperative Purchasing list of contracts, Nothing in this agreement shall prevent any participating government from accepting and awarding bids for commodities subject to this agreement individually and in its own behalf. 1V. Purchase of Goods and Services All products and services shall be procured by Denton County in accordance with procedures and statutes governing competitive bids and competitive proposals. The participating government will be able to purchase from those contracts established by Denton County where notice has been given in the specifications and successful bidder has accepted terms for Cooperative Purchasing Agreements for local governments within Denton County. The participating governments hereto agree that the ordering of products and services through this agreement shall be their individual responsibility and that the successful bidder or bidders shall bill each participating government directly The participating governments agree to pay successful bidders directly for all products or services received from current revenues available for such purchase. Each participating government shall be liable to the successful bidder only for products and services ordered by and received by it, and shall not by the execution of this agreement assume any additional liability. Denton County does not warrant and is not responsible for the duality or delivery of products or services from successful bidder. The participating government shall receive all warranties provided by successful bidder for the products or services purchased. In the event that any dispute arises between individual participating government and a successful bidder, the same shall be handled by and between the participating government body and the bidder. j-Qb -S IN WrIWESS WI*EREOF, the parties hereto have caused this agreement to be executed by their authorized officers thereon the day and the year first above written. DENTON COUNTY, TEXAS By: Jeff A. Moseley Denton County Judge Acting on behalf of and by authority of the Denton County Commissioners Court Approved as to content -- Director of Purchasing Approved as to form: Assistant District Attorney By: 5-6-60 City of Southlake, Texas i NIENI0RANDUN1 June 5, 1996 j TO: Shana K. Yelverton, Assistant City Manager FROM: Christel S. Bartlett, Administrative Intern SUBJECT: SPIN Standing Committee Appointments As you may be aware, it is time again to reappoint SPIN representatives for the expired terms. A number of these neighborhood representatives have completed their first term in the SPIN program and are seeking reappointment. There are also a few who have been elected to focus on other municipal duties or have already committed to other board positions. As a result, we are currently in the process of filling those vacant positions. We are also looking to fill vacancies created when representatives resigned to run for elected office. The resolution provides for the needed appointments. The new appointees will serve a regular two year term. The representatives have been recommended by their respective neighborhoods. There are two vacant positions in Neighborhoods #10, and #16. Staff has been working with the neighborhoods to try to fill the positions. Once a neighborhood recommendation is made, we will bring those names to the Council for appointment. Please place this item on the Council's June 18 agenda. If you have any questions about the resolution or the representatives, please let me know. CSB SPIN VACANCIESIREAPPOINTMENTS SPIN Neighborhood #2 Martin Schelling wishes to be reappointed. SPIN Neighborhood #4 Janet Murphy wishes to be appointed. SPIN Neighborhood #6 Doug Fierce wishes to be reappointed. SPIN Neighborhood #7 Darrell Faglie wishes to be appointed. SPIN Neighborhood #8 Pattie Minder wishes to be reappointed. SPIN Neighborhood #10 Betty Springer does not wish to be reappointed. No replacement has been found. SPIN Neighborhood #11 Roger Hutton wishes to be appointed. SPIN Neighborhood #12 David Baltimore wishes to be reappointed. SPIN Neighborhood #14 Karen Cienki wishes to be reappointed. SPIN Neighborhood #16 Michele Williams does not wish to be reappointed. Margie Dlabay is a prospect, but has not committed. S C.-I q RESOLUTION 96-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING NEIGHBORHOOD REPRESENTATIVES TO THE STANDING COMMITTEE FOR THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING FOR TERMS;PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council is of the opinion that a citizen advisory committee would be of assistance to the City Council and City staff by providing a more available form of citizen participation in the affairs of the City and to create a forum for neighbor to neighbor communication; and, WHEREAS, the City Council has created such a committee by ordinance; and, WHEREAS, the City Council is to appoint one youth representative, as well as one representative for each of the designated neighborhoods from recommendations provided by their neighborhoods; and, WHEREAS, the second year of SPIN has been completed with initial terms expiring and some -ignations occurring when SPIN representatives decided to seek elective office and/or other board col"p ointments; now THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2. The following are hereby appointed as neighborhood representatives for the terms specified: Neighborhood #2 Martin Schelling 1998 Neighborhood #4 Janet Murphy 1998 Neighborhood #6 Doug Fierce 1998 Neighborhood #7 Darrell Faglie 1997 Neighborhood #8 Pattie Minder 1998 Neighborhood #11 Roger Hutton 1997 Neighborhood #12 David Baltimore 1998 Neighborhood #14 Karen Cienki 1998 A City of Southlake, Texas June 7, 1996 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: 1997 Automobile Theft Prevention Authority Grant The Automobile Theft Prevention Authority (ATPA) serves as a State of Texas Board comprised of motor vehicle insurance, consumer insurance company, and law enforcement agency representatives. The ATPA established a 1996-97 grant funding program designed to fund programs directed towards the goal of reducing the number of automobile related crimes. The programs include education/ information projects, for which we qualify to receive grant funds. In conjunction with our Community Services Officer program, we are undertaking active steps in crime prevention and community education projects. To assist in the acquisition of printed materials, an application packet has been prepared to solicit grant funds in the amount' of $4,000 from the ATPA. Part of that application process includes the requirement for a Resolution from the City Council acknowledging authorization and support for the grant funded project. A draft Resolution is attached. I am available for any questions or comments. BC/b1s J d-I RESOLUTION NO. q4 J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, IN SUPPORT OF THE 1997 AUTOMOBILE THEFT PREVENTION AUTHORITY "WATCH YOUR CAR" PROGRAM. WHEREAS, the City Council of the City of Southlake concurs with the efforts of the Texas Automobile Theft Prevention Authority to reduce automobile theft, and WHEREAS, one of the objectives of the program includes programs to provide education and information on theft prevention measures to the citizens. WHEREAS, the Texas Automobile Theft Prevention Authority has established a program designed to assist agencies in those efforts by making funding available to support worthwhile efforts in education and prevention, and WHEREAS, the City of Southlake is a small, but rapidly growing community with a need to provide educational materials as a part of its pro -active crime prevention program and lacking sufficient funding at the current time to fully fund those materials, and WHEREAS, the City of Southlake agrees to conform to all of the requirements of the "Watch Your Car" Program upon being awarded such financial assistance with the intent and desire to continue a pro -active crime prevention program over a long term, NOW, THEREFORE, BE IT RESOLVED, by the City of Southlake, that the City Council of Southlake, Texas supports the Texas Automobile Theft Prevention Authority "Watch Your Car" Program, and authorizes the Southlake Department of Public Safety, Police Services Division, to apply for grant funding to support acquisition of educational prevention materials. PASSED AND APPROVED THIS THE DAY OF .1996. CITY OF SOUTHLAKE, TEXAS Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary s4/— a City of Southlake, Texas June 13, 1996 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Interlocal Contract for Back -Up 9-1-1 Service and Communications Support Between The City of Southlake and The City of Grapevine Attached is a contract between the City of Southlake and the City of Grapevine to provide 9-1-1 backup services in the event that our 9-1-1 services are interrupted The city attorneys have reviewed the contract and find it to be reasonable. They have also contacted the Executive Director of the 9-1-1 District to ensure that all parameters are met to the District's satisfaction. The contract provides for emergency communications support from each area during times of primary system failure and increases the ability of the receiving city to respond to emergency 9-1-1 calls. In the past we have received and given this type of service in emergency situations and in the future with this agreement, we will be able to provide and receive this service under authority of this contract. In that this is a housekeeping issue, I would suggest that we put this on the next City Council Consent Agenda. I am available if you have any comments or questions on this matter. (-- BC/bls 6=E-I 0 FIELDING, BARRETT & TAYLOR, L.L.P. ATTORNEYS 1400BANK ONF. TOWER 500 THROCKMORTON STREET FORT' WOR F] L TEXAS 76102-.+821 TELEPHONE (R17) 112-2590 (Soo) 118-34(X) F.-X (817) 112-4740 I)LBRA :\. DRAYOVITCH April 16, 1996 �G, Mr. Curtis Hawk 1�'J City Manager City of Southlake 1725 E. 1709 �] Southlake, Texas 76092 Li(� .11.� Re: 9-1-1 Contract A P, R 2 5 199995 Dear Curtis: `�Z7 L =aj Allen Taylor has asked me to review a model contract for 9-1-1 back-up assistance. The Contract provides for policies and procedures for the City of Grapevine to provide back-up 9-1-1 service in the event of a service disruption to Southlake, such as caused by a cable cut or power outage. It is not intended to cover back-up service in the event of a major storm or civil commotion. I have reviewed the Contract and spoken with the Executive Director of the 9-1-1 District. I believe the Agreement is fair to both cities. It does not waive any immunity from liability to which the City and its employees are entitled under Texas Civil Practice & Remedies Code §101.062 and Texas Health & Safety Code §771.053. It provides that the City receiving back-up assistance, shall, to the extent permitted by law, hold harmless the City providing the assistance (the Provider) unless the damages are due to the Provider's violation of a city ordinance or state statute. This appears to be a fair method of allocation of risk, especially since it will apply to both Southlake and Grapevine when they -are receiving back-up assistance. The Agreement provides for City Council approval. I have filled in the blanks and corrected some typographical errors on page 4 of the Agreement, and added the language, "to the extent permitted by law" to the first sentence of Section VI. Should you have any questions in this regard, please give me a call. DAD/re enclosure f: \files\sla ke\let ters\hawk.dW 5— Sincerely, Debra A. Drayovttcl}// 0 q PSAP ALTERNATE AND CONTINGENCY ROUTING Tarrant County 9-1-1 District, February 1996 PSAP # PSAP Alternate (Make Busy) Routine Contingency Routine t To force calls, flip "Make Busy" switch to "ON" position. ♦ Must call SWB repair 1-800-442.9950. 98 Arlington EOC Busy None 123 Arlington Fire/EMS Busy #7413 Fort Worth 123 Arlington PD (817) Busy #7413 Fort Worth 123 Arlington PD (214) 817-274-4444 Arlington PD 817-335-4222 FWPD 99 Azle 817-444-3221 Azle #7421 Lake Worth 142 Bedford 817-952-2127 Bedford PD #7409 Euless 101 Benbrook 817-249-1610 Benbrook Admin. #7432 White Settlement 102 Blue Mound #7427 Saginaw #7427 Saginaw 103 Burleson 817-295-1118 Burleson PD #7407 Crowley 104 Carswell Reserve Base #7431 Westworth Village #7431 Westworth Village 138 Colleyville #7401 Bedford #7401 Bedford 106 Crowley 817-297-2276 Crowley Admin #7405 Burleson 107 Dalworthington Gardens #7424 Pantego #7424 Pantego 108 Euless 817-685-1526 Euless #7401 Bedford 109 Everman #7419 Kennedale #7419 Kennedale 110 Forest Hill #7411 Everman #7411 Everman 139 FWPD #7418 FWFD Overflow #7447 Arlington FWPD Overflow Busy #7447 Arlington 140 FWFD 817-922-3000 FWFD Admin #7447 Arlington 111 FWPD EOC 817-877-8224 FWPD EOC None 111 FWFD EOC 817-877-8256 FWFD EOC None 114 Grand Prairie (214) 214-237-8700 Grand Prairie PD #1259 Cedar Hill 114 Grand Prairie (817) 214-237-8700 Grand Prairie #7422 Mansfield 115 Grand Prairie EOC Busy None 116 Grapevine 817-481-0328 Grapevine Admin #7439 Southlake 141 Haltom City 817-834-7321 Haltom City Admin #7423 North Richland Hills 118 Hurst #7423 North Richland Hills #7423 North Richland Hills 119 Keller #7423 North Richland Hills #7423 North Richland Hills 120 Kennedale 817-478-5416 Kennedale Admin #7411 Everman 121 Lake Worth #7436 Azle #7436 Azle 122 Mansfield (817) #7447 Arlington #7447 Arlington 122 Mansfield (214) #1022 Arlington #1022 Arlington 140 MedStar #7414 FWFD #7447 Arlington 111 MedStar EOC 877-8263 MedStar EOC None 124 North Richland Hills 817-281-1000 North Hills Admin #7417 Hurst 127 Pantego 817-274-2511 Pantego Admin #7447 Arlington 125 Richland Hills 817-595-6622 Richland Admin #7423 North Richland Hills 126 River Oaks 7421 Lake Worth #7421 Lake Worth 117 Saginaw #7421 Lake Worth #7421 Lake Worth 128 Sansom Park #7421 Lake Worth #7421 Lake Worth 129 Southlake #7437 Grapevine #7437 Grapevine 112 Tarrant Co. Fire Alarm 817-232-9800 Fire Admin #7421 Lake Worth 132 TCSO (817) 817-884-1212 TCSO Admin #7413 FWPD 132 TCSO (214) 817-884-1212 TCSO Admin 817-335-4222 FWPD 133 Watauga #7423 North Richland Hills #7423 North Richland Hills 134 Westover Hills #7431 Westworth Village #7431 Westworth Village 135 Westworth Village #7426 River Oaks #7426 River Oaks 136 White Settlement #7403 Benbrook #7403 Benbrook ,S- F-3 AtrjM=Jb0- "&ftd INTERLOCAL CONTRACT FOR BACK-UP 9-1-1 SERVICE AND COMMUNICATIONS SUPPORT STATE OF TEXAS COLINTY OF TARRANT THIS INTERLOCAL CONTRACT is make and entered into on this f 1 day of f 1, 199_, by and between the (CITY OF S(XTHLAKE 1, TEXAS, acting by and through its City Manager or his designee (hereinafter referred to as f Southlake 1") and the (CITY OF GRAPEVINE 1, TEXAS, acting by and through its City Manager or his designee (hereinafter referred to as " f Grapevine 1 "). WITNESSETH: WHEREAS, the Texas State Legislature has authorized the formulation of interlocal cooperation agreements between and among governmental entities; and WHEREAS, this Interlocal Contract is made under the authority granted by and pursuant to V.T.C.A., Government Code, Chapter 791, known as the Interlocal Cooperation Act; and WHEREAS, f sn„t-hi ak,_ 1 and f GraiDevine 1 are desirous of receiving back-up or supplementary 9-1-1 service and emergency communications support from each other during times of respective primary system failures, to be provided for through a reciprocal agreement between the two cities; and WHEREAS, the governing bodies of each entity find that the project or undertaking is necessary for the benefit of the public and that each party has legal authority to provide the governmental function which is the subject matter of this contract; and WHEREAS, the governing bodies further find that the performance of this contract is in the common interest of both parties; and WHEREAS, the governing bodies, in paying for the performance of governmental functions or in performing such governmental functions, shall make payments therefore, if any, only from current revenues legally available to such parry; NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements contained herein, the parties do hereby agree as follows: 5- e_J L TEP_VfS and DEFINITIONS It is agreed by the parties hereto that for the purposes of this contract the following terms shall have the meaning herein stated unless the context indicates otherwise: "Receiving City" shall be the City whose 9-1-1 emergency calls are being transferred for answering, and by the provisions of this contract can be either f Snnth1 Ako 1 or f Gy-;; Zvi no 1. "Providing City" shall be the city that is answering the transferred 9-1-1 emergency calls, and by the provisions of this contract can be either f Southlake or [ Grapeyi na i. 3. "Act of God" shall mean and include earthquakes, tornadoes, storms and other natural disasters affecting the areas within the corporate limits of each City at the same time. 4. The "Area" to which this contract pertains is the area within the respective corporate limits of the Receiving City and the Providing City. 5. "Trouble On the Telephone System" shall mean loss of telephone communications by the 9-1-1 system for any reason which affects both cities, or the Providing City. 6. "Civil Commotion" shall mean and include riots, overload of the telephone system by call -in programs, labor disputes affecting communications or emergency service, war, declared or undeclared, and other acts of civil commotion precluding or preventing receipt of 9-1-1 calls or the delivery of emergency assistance. 7. "Loss of Communications" shall mean loss of 9-1-1 service by the Receiving City from causes other than acts of God, civil commotion or trouble on the telephone system. 8. "Liability" shall mean liability under this contract to anyone requesting emergency assistance by use of the 9-1-1 system from a place located within the corporate limits of either f Southlake 1 or f Grapevine 1. IL PURPOSE The purpose of this contract is to increase the ability of the Receiving City to respond to 9-1-1 emergency calls made within its corporate limits and increase the protection afforded to its citizens by the 9-1-1 Emergency System; to sustain confidence in the 9-1-1 system, and it is agreed that such contract is supported by valuable consideration in the form of exchange of services, the receipt and sufficiency of which is hereby acknowledged. In the furtherance of this contract, it is understood that NEITHER city in its capacity as the Providing City will provide ns emergency response service to the Receiving City under the terms of this contract. The ONLY services provided under this contract will be the receipt of 9-1-1 calls by the Providing City and the transmittal of said calls and attendant information back to the Receiving City. III. EMERGENCY SERVICES Both of the parties hereto are members of the Tarrant County 9-1-1 Emergency Assistance District and provide emergency service in response to 9-1-1 calls made to their Public Safety Answering Point, hereinafter referred to as their "PSAP", from places within its corporate limits, and not otherwise, for fire fighting, law enforcement, and ambulance, medical and other emergency services. Each city has immunity from claim and suit for damages to parties requesting such services unless a city violates its respective city ordinance or state statute in the process of responding to such call, and it is specifically agreed that neither party, by the execution of this contract, waives its immunity for any response to a call transferred hereunder. IV. RESPONSIBILITIES OF THE RECEIVING AND PROVIDING CITY Whenever the Receiving City becomes aware that it has sustained a loss of communications: A. The Receiving City shall notify the Providing City of such loss along with the emergency telephone numbers or radio talk group to use for relaying information back to the Receiving City. Notification will be given to the Providing City prior to re-routing 9-1-1 calls to that city; and B. The Receiving City shall initiate actions to re-route 9-1-1 calls to the PSAP of the Providing City preferably by a manual switch or, if necessary, through notification to the telephone company for a programming (Translation) Switch; and C. The Providing City herein agrees to answer the Receiving City's 9-1-1 calls and to transmit pertinent information to the Receiving City for the purpose of the Receiving City dispatching its service units to respond to the calls or requests; and D. The Receiving City shall notify the Providing City at the time that 9-1-1 emergency telephone service is restored either at the Receiving City's primary or back-up PSAP; and E. Upon restoration of 9-1-1 emergency telephone service at the primary or backup PSAP, the Receiving City shall notify the telephone company to re-route the incoming 9-1-1 calls back to the Receiving City. F. The Providing City shall then verify the switching of re-routed calls back to the Receiving City, to confirm a return to normal operations. 5- e- I V. LIABIL17YAND INDEMNIFICATION It is agreed that the Providing Citv shall not have am• liability under the terms of this contract to am party requesting 9-1-1 emergency assistance «ithin the limits of the Receiving City unless, in the performance of this contract, it violates a city ordinance of the Providing City or a state statute. The Providing Citv shall not no liability for failure to transfer 9-1-1 calls if it has loss of communications; however, notice of such loss of communications is to be given to the Receiving City. VI. HOLD HARMLESS To the extent permitted by law, the Receiving City shall hold harmless the Providing City from claims and suits for damages and any attorney fees resulting from all claims arising out of receipt or transference of 9-1-1 emergency calls to the Receiving City, which were made within the corporate limits of the Receiving City, except for claims and suits against the Providing City based on damages due to violation of a city ordinance of the Providing City or a state statute. VIL WAIVER OF IMMUNITY It is expressly understood and agreed that in the execution of this contract, neither party waives nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. VIII. SUCCESSORS AND ASSIGNS Both Gonthlaka and rrareva ineach bind themselves, their successors, executors, administrators and assigns to the other party to this contract. Neither So thl ake nor C;rarnvina will assign, sublet. subcontract or transfer any interest in this contract without the written consent of the other party. No assignment, delegation of duties or subcontract under this contract will be effective without the prior written consent of the other party. Ix FORCE MAIEURE It is specifically agreed that this contract does not apply or require response of the Providing City in the event of loss of 9-1-1 service due to an act of God, civil commotion or trouble on the telephone system. Realizing that during a major storm or other disruption caused by an act of God, civil commotion or trouble on the telephone system that both parties are likely to have problems with their 9-1-1 emergency calls and making response thereto. this contract does not cover situations and calls arising or made under such conditions. 4 5-E-7 X. IDENTIFICATION OF PARTIES' POINTS OF CONTACT The Cities of (sQ„rhj,k, 1 and [_Grapevine J constitute the sole parties to this interlocal agreement. and shall function as either a Providing City or a Receiving City, depending on which party has experienced a loss of communications. This contract is a mutual contract and should either of the cities have loss of communications the other city agrees to respond as the Providing City. XI. TESTING Should either city desire to conduct a live test of the re-route procedures in this contract, it shall obtain the other city's approval for such a test not later than 48 hours prior to the intended live test. XII. LOCATION OF AGREEMENT INSTRUMENT This contract is executed in duplicate originals and a copy hereof shall be provided to the PSAP operators of both cities at all times during the term hereof, and kept at the PSAP location. XIII. DURATION OF AGREEMENT This agreement shall be effective for a period of one year from the date first written above, and shall thereafter automatically renew from year to year unless terminated in accordance with this contract. XIV. EQUIPMENT PURCHASES The parties hereto understand that the Providing City will not purchase or maintain additional equipment or personnel to provide 9-1-1 emergency service to calls transferred to it by the Receiving City, so that the assistance agreed to by the Providing City will be limited to that of its personnel and equipment available at the particular point of time of receipt of the transferred 9-1-1 emergency call or calls. XV. TERMINATION Either party to this contract may terminate this contract upon ninety (90) days' written notice to the other party. VVI. VENUE The parties to this contract agree and covenant that this contract will be enforceable in Tarrant County, Texas; and that if legal action is necessary to enforce this contract, exclusive venue will lie in Tarrant County, Texas. XVIL REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this contract may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this contract. XVIII. SEVERABILITY If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract are for any reason held to be invalid, void or unenforceable, the remainder of the term, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. XIX. APPLICABLE LAW This contract is entered into subject to the City Charters and Ordinances of the cities of [ Snnt-hl ake 1 and of [ Grapevine 1 as they may be amended from time to time and is subject to and is to be construed, governed and enforced under all applicable State of Texas and Federal law. Situs of this contract is agreed to be Tarrant County, Texas for all purposes including performance and execution. XX. ENTIRE AGREEMENT This contract embodies the complete- agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. 5-C--I XXI. NON -WAIVER It is further agreed that one or more instances of forbearance by ( Southiake or ( Grapevine 1 in the exercise of its rights herein, shall in no way constitute a waiver thereof. XXII. AUTHORIZATION The undersigned officers and/or agents are properly authorized to execute this contract on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 5-- E - IC) APPROVED AS TO FOFLM AND LEGALITY: City Attorney or Designee, of the City of ( Sr»,thIaka 1, Texas APPROVED AS TO FORM: City Attorney or Designee, of the City of ( Grapevine 1, Texas APPROVED BY THE RESPECTIVE CITY COUNCILS ON: The City off c,,,,rhi ��0 1, Texas: The City of L Grawvine 1, Texas: Executed this, the [ 1 day of [ 1, 199_ ATTEST: ( 1 City Secretary ( 1 City Manager or Designee City of ( SOuthlake 1, Texas City of [ Southlake 1, Texas Contract Number: ATTEST: Contract Authorization Date [ 1 City Secretary ( 1City Manager or Designee City of ( -Grapevine 1, Texas City of [ Grapevine 1 Texas Contract Number: I S- E- U CITY OF cnrrr«r nx� I ACKV06VLEDGdfENT STATE OF TEVAS COUNTY OF TARRANT BEFORE ME, the undersigned authori this day personail a ty, a Notary Public in and for the State of Texas, on y ppeared f 1, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the CITY OF ( SotrrNr AYF municipal corporation of Tarrant County, Texas, and as ( 1, TEXAS, a for the purposes and consideration therein expressed and inthe capacity therein sta ed. and GIVEN UNDER MY HAND AND SEAL OF OFFICE this the , 199 1 day of Notary Public In and For The State of Texas My Commission Expires: Notary's Printed Name CITY OF 1_2aREVI vF J AC&VOWLEDGWNT STATE OF TEXAS COUNTY OF T.UZPA-,NT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared [ 1, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the CITY OF [ 2A2 ,T„n. municipal corporation of Tarrant County, Texas, and as [ TEXAS, a for the purposes and consideration therein expressed and thin the capacity therein d eof, and GIVEN UNDER My HAND AND SEAL OF OFFICE this the [ t 1, 199 day of Notary Public In and For The State of Texas My Commission Expires: Notary's Printed Name [C11 City of Southlake, Texas MEMORANDUM June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Tom Elgin, Planner SUBJECT: Resolution 96-40 Authorizing the Mayor to enter into a Community Development Cooperation Agreement For FY 1997-1999 For many years, the City of Southlake has participated in the Tarrant County Community Development Block Grant (CDBG) Consortium. Through the consortium, the City has received CDBG funding for home rehabilitation, water line and other projects within the City. The CDBG consortium coordinates the efforts of member cities and is administered by the Tarrant County Community Development Division. To be a member of the consortium, member cities must execute a Cooperation Agreement with Tarrant County every three years. Attached you will find Resolution 96-40 which is the Community Development Cooperation Agreement for fiscal years "Q7 through 1999. ease place this on the Council agenda for their consideration. TE Attachment: Resolution 96-40 G: I WPPPROJECTSI CDBG961 CDCA(7RE 5G-1 RESOLUTION # q&- l o RESOLUTION REGARDING CITY OF Southlake PARTICIPATION IN TARRANT COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 1997 THROUGH FISCAL YEAR 1999. WHEREAS, Titl I of the Housing and Community Act of 1974, as amended through the Housing and Community Act of 1992, establishes a program of community development block grants, for the specific purpose of developing viable communities, by providing decent housing and suitable living environment and expanding economic opportunities principally for persons of low and moderate income, and WHEREAS, Title II of the Cranston -Gonzalez National Affordable Housing Act, as amended, establishes the HOME Investment Partnership Act to expand the supply of decent, safe, sanitary and affordable housing for very low-income and low-income Americans, and WHEREAS, Tarrant County has been designated a an "Urban C by the Department of Housing and Urban Development entitled to formula share of Community Development Block Grant and HOME program funds provided said County has a combined population of 200,000 persons in its unincorporated areas and units of general local government with which it has entered into cooperative agreements, and WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties to. enter into cooperative agreements with local governments for essential Community Development and Housing Assistance activities, and. WHEREAS, the City of Southlake shall not apply for grants under the Small Cities or State CDBG Program from appropriations for fiscal years during the period in which it is participating in Tarrant County's CDBG program, and WHEREAS, the City of Southlake shall not participate in a HOME consortium except through Tarrant County, regardless of whether Tarrant County receives a HOME formula allocation, and WHEREAS, through cooperative agreements Tarrant County has (Wa rity to carry activities funded from annual Community 5G-2 DL opment Block Grant (CDBG) and HOME Program Allocation from Fal Fiscal Years 1997, 1998, and 1999 appropriations and from any program income generated from the expenditure of such funds, and WHEREAS, Tarrant County and the City of Southlake agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, and WHEREAS, Tarrant County will not fund activities in support of any cooperating unit of general government that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with its fair housing certification, and WHEREAS, the City of Southlake has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstration, and WHEREAS, the City of Southlake has adopted and is enforcing a p ;y of enforcing applicable State and local laws against p cally barring entrance to or exit from a facility or location which is the subject of such non-violent- civil rights demonstrations within jurisdictions, and WHEREAS, Tarrant County and the City of Southlake shall take all actions necessary to assure compliance with the Urban County's certification required by section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968, section 109 of Title I of the Housing Community .Development Act of 1974, and other applicable laws, and WHEREAS, prior to disbursing any CDBG or HOME Program funds to a subrecipient, Tarrant County shall sign a written agreement with such subrecipient, and WHEREAS, the City of Southlake agrees to inform the county of any income generated by the expenditure of CDBG funds received, and that any such program income must be paid to the county to be used for eligible activities in accordance with all Community D '�lopment Block Grant and HOME Program requirements, and 5 G-3 WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County i ponsible for, ensuring that CDBG funds are used in accordance wi all program requirements, including monitoring and reporting to U.S. Department of Housing and Urban Development on the use of program income and that in the event of close-out or change in status of the city of Southlake, and program income that is on hand or received subsequent to the close-out of change in status shall be paid the county, and WHEREAS, the City of Southlake agrees to notify Tarrant County if any modification or change in the use of the real property from that planned at the time of acquisition or improvement including disposition, and further agrees to reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditure of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations, and WHEREAS, any money generated from disposition or transfer of property will be treated as program income and returned to the county prior to or subsequent to the close-out, change of status or termination of the cooperation agreement between county and the C' -�f Southlake; NOW, THEREFORE,. BE IT RESOLVED, by the City of Southlake, that the City Council of Southlake, Texas supports the application of Tarrant County funding of Housing and Community Development Act of 1974, as amended, and Cranston -Gonzalez National Affordable Housing Act, as amended, and asks that its population be included for three successive years with that of Tarrant. County, Texas to carry out Community Development Program Activities.Eligible for Assistance under Public Law 93-383, and Affordable Housing activities under Public Law 101-625, and authorizes the Mayor ot-Southlake, Texas to sign such additional forms as requested by the 'Department of Housing and Urban Development pursuant to the purposes of the Resolution, and further that the City of Southlake, Texas understands that Tarrant County will have final responsibility for selecting projects and filing annual grant requests. BE IT FURTHER RESOLVED, this agreement will automatically be renewed for participation in successive three-year qualification periods, unless Tarrant County or the City of Southlake provides written notice it elects not to participate in a new qualification period. Tarrant County will notify the City of Southlake in writing os right to make to such election on the date specified by the 5 G-4 U.S. Department of Housing and Urban in HUD's urban county qL fication notice for the next qualification period. Any aments or changes contained within the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period must be adopted by Tarrant County and the City of Southlake, and submitted to HUD. Failure by either party to adopt such an amendment to the agreement will void the automatic renewal of this agreement. i This agreement remains in effect until CDBG, HOME funds, and income received to the fiscal 1997, 1998, 1999 programs, and to any successive qualification periods provided through the automatic renewal of this agreement, are expended and the funded activities completed, neither Tarrant County nor the City of Southlake may terminate or withdraw from the agreement while the agreement remains in effect. Official notice of amendments or changes applicable for a subsequent three-year urban county agreement will shall be in writing and be mailed by certified mail to the City Secretary of the City of Southlake. Any notice of changes or amendments to this agreement by the City of Southlake to Tarrant County shall be in wr'I-_ing to the Tarrant County Community Development Division WC . PASSED AND APPROVED THIS day of , 1996 ATTEST: CITY SECRETARY Commissioners Court Clerk 5G-5 APPROVED: MAYOR t County Judge City of Southlake, Texas MEMORANDUM June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Chris Carpenter, Planner SUBJECT: Variance to Subdivision Ordinance No. 483-E, Section 4.01(1)2 (Plat Expiration) Extending the Validity of the Plat Showing of Lots 3 and 4, O.W. Knight No. 899 Addition On August 30, 1993, Richard and Debbie Garrett submitted a request for a Plat Showing of Lots 3 and 4, O.W. Knight No. 899 Addition, being decsribed as Tract 2B3C in the O.W. Knight Abstract No. 899 and being approximately 1.959 acres. Their plat showing request was approved by the Planning & Zoning Commission on September 23, 1993, and by City Council on October 5, 1993, subject to Plat Review Summary No. Two dated October 1, 1993. The plat showing, however, was never filed of record, and, because it has been longer than one year since Council's approval, the plat showing has expired. Garretts are now ready to file the plat, and are requesting a variance to section 4.01(I)2 of ivision Ordinance No. 483-E as stated below: "2. All other plats: A Final Plat, Plat Revision, Amended Plat or a Plat Showing which has not been recorded in the County Plat Records within one year of the date of approval shall expire. " Staff has been in contact with the Garretts' consultant, Area Surveying, and the two clerical items remaining to be cleared in the review are forthcoming for Pre-Mylar check, at which time plat mylar originals and owner's dedication will be ready to file at Tarrant County courthouse should Council grant the variance request. A location map (tract map), a reduced copy of the plat, and Plat Review Summary No. Two dated October 1, 1993, are attached for your convenience. Please place this item on the next Council agenda for their consideration. CLC att: Letter from Richard and Debbie Garrett dated June 4, 1996 Location Map Reduction of Plat Showing of Lots 3 and 4, O.W. Knight No. 899 Addition Plat Review Summary No. Two dated October 1, 1993 5H-1 June 4, 1996 To: Mayor and City Council Members Re: Variance request - Filing of Plat Showing Property : (2) lots on Buttercup Rd. This letter is to respectfully request a variance to Subdivision Ordinance No. 483, Sec. 4.01 (I) 2. We ask if you would please add to the agenda at the June 18, 1996 City Council meeting the voting on this variance request. We apologize for the inconvenience to the City of Southlake, Mayor and Council Members. It was our lack of knowledge in procedure that classumed caused this need for an extension. with the approval of the Plat Showing at the City Council meeting in Oct. 1993, that appropriate filing would follow with the County by the City of Southlake. We called today requesting to pick up a copy of an approved plat and spoke to Chris Carpenter with your office, he informed me that our surveyor did not make the amendments to the wording on the plat,that the City had requested. I was also informed, we must request the City to file the Plat Showing with the County Clerk and at this point we were passed our one year filing deadline. Until my conversation with Chris Carpenter today, we thought the matter was finalized and filed. We would like to get this matter resolved as soon as possible, so we may build on the property in the near future. If addition information is needed, please advise. Than you, Richard and Debbie Garrett Hm: 488-6745 232-9448 (Debbie) 5H-2 1 1 ; i i i vj i i i i 3A ARK i 3B1A A-6A6 3C1 P^" 18 381 — 381Bv 384 3B3 4 3C 3D — 3C 2 � h � j.. wy PEL y 3m yt ; 34 G _ V 423 Ac �( IV 3H x1p1 P� ME COURT EA Al 1F 5 Ac 4 4B wy� 4 Ac A >�. 4.5 Ac 21 2C ypP��•r g N _ 4 Ac 4 Ac HIRAM GRAM p a •y.- SWWY AZVW 5B 6 Ac J \ 1 1 1 1 1 - i 5c I 1 1 10 Ac U _ 5D SGt PARK 4 Ac i Tye !1i �`-- T --Ti_._._j�_ i j f•--• 25 Ac 22 Ac . , 303A 3D3 3c 3 Ac 7.665 Ac 5.4 ^�. y 3 ,;` - 3 A< 301 so 3AI 3D4 — 5F 5E 5D — 5DI 5D2 5C 3A 3A1 3C 38 4C 2.66 Ac 381 5:8� Ac 3.56 Ac 10 Ac 6 Ac Pot, Ac .57 Ot G 2k 3 �1 P 3D1 ISAr l 22.11 3D 302 2A2 2A5 2A3 2 401 4 28 21 ACI- 4E1 r �I L Yiy1 2B g ®nE I iN.. .. 20 Ac ; f S SAWY A —Wig 2Ctk 50.71 Ac 1 ` `� Y - T- *•ii••a. 7' -}� .T IiN © '•,i � "r 3C _._3C; 3C,y_ rr •�'T T '"rrrr-r—T 11 1 1 1 1 i l i / 3 .a. TAT j l I 1 1 '� .w � 121 i , got `• — I 23.3 Ac 32.93 Ac \ — ±� 4H iE .I_. _ 2B .... GO i TRACT MAPSWWY -A ' ' UR5 c y 5H-3 r, tE i /i (� ..� IT m City of Southlake, Texas PLAT REVIEW SUMMARY C OO: ZA 93-71 REVIEW NO: TWO DATE OF REVIEW: 10 01 93 PROJECT NAME: _Plat Showing - Lots 3 & 4 O W Knight No 899 Addition OWNER/APPLICANT: Richard & Debbie Garrett 290 Lilac Lane Southlake, Texas 76092 PHONE: (817) 232-9448 FAX: ENGINEER/SURVEYOR Area Surveying, Inc. 102 W. Trammell St. Fort Worth, Texas 76140 PHONE: (817) 293-5684 FAX: (817) 293-5685 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/27/93. AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY.COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744. 1.. The plat should be titled "Plat Showing, Lots 3 & 4, O.W. Knight No. 899 Addition..." 2: The notary statement should be amended as follows to meet the Lconsideration standard format: executed the same - for the purposes and exnressed and in the r,=nani t-v thcrci n Qt=4-oA " * Original signatures and seals will be required on each blackline mylar prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. *`Denotes Informational Comment CC: Richard & Debbie Garrett Area Surveying i SH-4 � c G G c a a Elf= F; IIIIIII Im " mM. I P�.�Ia Z z o CA°U°U o Iri a' 1 a f 1'1 ►"'1 V Q < 1 — QQ1 0. V) if 1 J t t Id � N 00 73X a of cS a t'h 98 4 al M��' Roil r — — �a.4 sss ra •+�� t� • � ire N rwro — — � psoy dno�s��n,0 I L. Os' OVI►� a 9. i ! — — — Im a= I I �. WE W I f I I P' i z LZ*66t M.00.1C.00 N I I � +w •o� •ern � I I � .. �r•r�� w+ I t 5H-5 �N Z City of Southlake, Texas MEMORANDUM (420, June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Director of Community Development SUBJECT: ZA 96-55, Site Plan/Southlake Oaks REQUESTED ACTION: Site Plan for Southlake Oaks being approximately 2.296 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, and being legally described as being a portion of Tract 3C. This plan proposes one, single -story, 24,000 s.f. commercial building, twenty feet (20') in height. LOCATION: Northeast corner of the intersection of Shady Oaks Dr. and E. Southlake Blvd. (F.M. 1709). O ;1CANT: R:FM 1709 - Shady Oaks Ltd. AP 1709 Southlake Oaks Ltd. CURRENT ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Medium Density Residential (may include limited low intensity office and/or retail uses) CORRIDOR DESIGNATION: Retail Commercial (Same as in CS, 0-1, C-1, C-2, C-3, and B-1 districts) NO. NOTICES SENT: Twelve (12) RESPONSES: None P & Z ACTION: May 23, 1996; Approved (5-0) applicant's request to table the item until June 6, 1996. June 6, 1996; Approved (5-0) subject to Plan Review Letter No. 2 dated May 31, 1996, amended as follows: 1) deleting item #4A (Commercial driveway access to local streets or collectors (Shady Oaks Drive) is not permitted) 2) deleting item #413 (Minimum driveway spacing required from a R.O.W. or existing driveway centerline intersecting the north R.O.W. line of F.M. 1709 is 500') 7A-1 3) deleting item #4C (Minimum driveway throat depth required is 75') 4) deleting item #8 (Minimum required building setback from the north property line is 40') STAFF COMMENTS: The applicant has met all items in the Plan Review Summary No. 1 dated May 17, 1996 and Plan Review No. 2 dated May 31, 1996 with the exception of those items addressed in the Plan Review Summary No. 3 dated June 14, 1996. GL/dkk G:\WPF\MEMO\96CASES\96-055SP.WPD L �.e 7A-2 S Q35 Ac ce �`p�1 A B I l l l i i xlcl � ).�.L�.Tjry��_. IA -.� Ar. 3A ._.4 fi i i i i i i 11" i!!,! j o /a Q ro - Ir�LS �Q l{ UTA 3H 3B1A PAW A -sat 18 382 3B4 i "• 3J 3H1 Q� 3B3 t f� 18 AC 3.5 AC _ _ 3JI NEST OUTHLAKE 38 4A 5A. 30 � 2A1 1 �/A\� 2 '2 i 1 Ov Hopis. r _ I 34I G� 15 Ac 5H Y� g 2AIc 2A1 to E p+ Q ;?y 4.23 Ac 2 1 3111 (� pl 3c 1p1E c�R. EA IF Nr 5 Ac �C .AIN L 4 Ac rJV U IG1 4 � 1Yh� 4.5 Ac br"- x C MA SUS' �11N _ i 4 Ac 4 Ac IA I IS B TRACT MAP �6 Ac 5c 10 Ac rJ 5D 50 4 Ac PARK TNT 23.3 Ac n rut 5F 5E 5D 5D,l 10 Ac 6 Ac 2A2 2A5 a8 2 tJ PIZI 20 �_�_ � ja I � 3283 Ac 10.80 A(: - a TR 3B16 'hady Oaks Group Spin Representative IF Jim W. Goggin "AG" City of Southlake City of Southlake "AG„ „ n AG o Southlake Four 1 4.2758 0 -.,--2 0 Investments "AG" 3C 3 42 "C_211 TR 3D5 1.2 G.H. HALL TR 36 FM 1709- rR 384A SURVEY 2.98 AC Shady Oaks 1.35 AC -686 .,, Ltd 3" )•3 - - -- - - - - —� - - --- -- State of Texas R.O.W - --- --- --- -- -- - --- -- ---- W 37 i outhlake rR r_ .,.; ; e., . rLake 40 JV u 3 G " _ �3 Pierce i = r, , Crest-, , ' C- 2 REApt Homes F- c t. 0 11 HOA, rF iA1 "R_PUD" lu CA :— 9 C. Lam 25 V x 21 8 CD � ,.SF-20A" pp 1 \171 491 ® 16 22 M. Kennedy / z� 3 15 O�� 23 "AG'q 11O-1 of $ 1 137 �.�• �)-3 171 Oi 24, 1 330 21 113-�i�i---- -- / 164 9 g 25 20 / 19 to � t � i t 26 6 - ,0 ✓ ' 73 130 18 >,, 19 = n7 .n 170 / RooKMEADGW 27 ADJACENT OWNERS C71• 17S - 8 AND ZONING F ,5-28173iTP, 3A 1m 16 1 ('--29 - 8 C,4 13.861 AC 16 CA 1e7 ,n [1 Y_ Y " 17 M , � 7A-4 City of Southlake, Texas SITE PLAN RMVIEW SUNMARY �.ThreeDate 6/14/96 Project Name: Site Pbn - Southlake Oaks. 2.44 Acres in the Liftlebm3� G. Hall Sum= Abstract No. 1 APPLICANT: ARCHITECT: r • • • �.iMr. r- -,, CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 6/10196 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787.CITY 1. Clearly show the location of all interior landscape areas to be provided on the graphic (use shading or cross hatch to distinguish and differentiate from bufferyards and other areas). The area shown to be provided in the calculation chart and site data does not appear to match the area represented on the graphic. It appears that approximately 11,200 s.f. of interior landscape area has been provided with approximately 80% of the area located at the front and sides of the building. 2. The following changes are needed with regard -to points of ingress and egress to the site, and compliance with the Driveway Ordinance No. 634: A. Commercial drives are not allowed to connect to local streets or collectors unless there is no other access. Shady Oaks Drive is designated as a 60' R.O.W. minor collector according to the approved City Thoroughfare Plan which would not allow the proposed driveway on the northwest portion of the site. (P & Z ACTION. • June 6, 1996; delete) B. The centerline of a full access driveway intersecting F.M. 1709 must be a minimum of 500' from a R.O.W. intersection and a minimum of 50V from the centerline of any other full access driveway. The proposed driveway located on southeast does not comply as follows: (P & ZACTION.• June 6, 1996, delete) 1) Driveway is approximately 412' from the northeast right-of-way intersection of F.M.1709 and Shady Oaks Drive. 2) The proposed driveway is approximately 460' from the centerline of the existing driveway into Bicentennial Park located east of the site. C. The minimum driveway throat depth required for traffic stacking for this site is 75'. The proposed driveways do not comply as follows: (P & ZACTION.• June 6, 1996, delete) 1) The driveway on the northwest has a throat depth of approximately 67'. 0 IL 2) The driveway on the southeast has a throat depth of approximately 38. 7A-5 City of Southlake, Texas 3. Correct the area and percentage of open space to reflect the area unencumbered by structures and pavements. Based on the information provided, it appears that the area -of open space is approximately 33, 500 s.f. and the percentage of open space is approximately 33%. 4. A minimum 40' building setback is required from the north (rear) property line of the site. Please note that the applicant has requested a reduction to a 20' building setback from this line. (P & ZACTION.• June 6, 1996, delete) 5. The following changes are needed with regard to the building elevations provided: A. The dimensions shown to and for the vertical offset in the center of the east elevation (typical of the west elevation) appear incorrect based on the drawing scale. Please make the appropriate correction. Scaled dimensions were used for this offset in the "Articulation Evaluation". B. Provide horizontal and vertical articulation of the north, east, south and west facades of the building according to the requirements of Ordinance 480, Section 43.9.c.1.c. Compliance with the articulation requirements are listed in the attached Articulation Evaluation Chart. * Consult with the City Public Works Department for existing locations and proposed connections to public utilities. Adequate easements will be required for all water, sewer, and/or drainage facilities which are to be maintained by the City. * A letter of permission from the adjacent property owner(s) on the west must be. obtained prior to issuance of a building permit for the construction of the off -site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * No review of proposed signs is intended withthis site plan. A separate building permit is required prior to construction of any signs. Please note that although approval of proposed signs is not part of this site plan approval the proposed sign locations shown do not appear to meet the requirements of Sign Ordinance 506-A. The applicant should beaware that prior to issuance of a building permit a Plat must be proce§sed on this tract and the adjoining tract on the east and a plat for this tract filed in the County Plat Records, and a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance. All fire lanes shall be per the Fire Department's requirements. C, 7A-6 City of Southlake, Texas P & ZACTION: May 23, 1996; Approved (5-0) applicant's request to table the item until June 6, 1996. June 6.1996; Approved (5-0) subject to Plan Review Letter No. 2 dated May 31,1996, amended as follows: 1) deleting item #4A (Commercial driveway access to local streets or collectors (Shady Oaks Drive) is not permitted) 2) deleting item #4B (Minimum driveway spacing required from a R.O.W. or existing driveway centerline intersecting the north R.O.W. line of F.M. 1709 is 500) 3) deleting item #4C ( Minimum driveway throat depth required is 75') 4) deleting item #8 (Minimum required building setback from the north property line is 40) 14 Denotes Informational Comment cc: Fischer & Co. James, Harwick & Partners, Inc. Land Investments Inc., General Partners - 1709 Shady Oaks Ltd. 8100 Loma Alto Road, Suite 208, Dallas, Texas 75211 Evaluation Chart .3 7A-7. Articulation Evaluation No. 3 Case No. ZA 96-55 Date of Evaluation: 6/14/96 Elev s for Southlake Oaks Received 6/10/96 Fron acing: South Wall ht. = 20 Horizontal articulation Vertical articulation Required - Provided Delta Okay? Required Provided Delta Okay? Max. wall length 60 49.5 18% Yes 60 16.5 73% Yes Min. artic. offset 3 4 33% Yes 3 3 0% Yes Min. artic. length 12 16 33% Yes 4 16 300% Yes Side - facing: West Wall ht. = 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 60 60 0% Yes 60 24 60% Yes Min. artic. offset 3 3.5 17% Yes 3 4 33% Yes Min. artic. length 15 5 67% No 6 16 167% Yes Side - facing East Wall ht. = 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 60 60 0% Yes 60 24 60% Yes Min. artic. offset 3 3.5 17% Yes 3 4 33% Yes Min. artic. length 15 5 67% No 6 16 167% Yes Rear - facing: North Wall ht. = 20 Horizontal articulation Vertical articulation Required Provided Delta :Okay? Required Provided Delta Okay? Max. wall length 60 47.5 21 % Yes 60; 47.5 21 % Yes Min. artic. offset 3 5 67% Yes 3 4 33% Yes Min. artic. length 12 14.5 21 % Yes 12 14.5 21 % Yes 7A-8 cG 1 c 1... .� 1 i01 flop I 1i � IIJ i� � �s � .1 1 � >•t ' � N 1 � � � ^ I i' i y � 1 • S i ��pp� ((�� I '. ♦ j j is I � '" 6 y 1. ® IR ''9 P !• + 2'N �'' `7i it 1 "•r �' I m'A A gn 0.1 rq c O it y C > Site Plan Development 7A-9 for Us its i SOUTh MAKE OAKS �i�j;!;! � r� r I ■ PA rw C C �:.. At E, jj��isi�t[t[t[l �i if H-n UPI I -11 TP -- T1 Site Plan Development M111 7A-10 for till, Ir SOUTMAKE OAKS City of Southlake, Texas MEMORANDUM (WWI, June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Director of Community Development SUBJECT: ZA 96-59, Plat Revision/Monticello Estates, Phase One REQUESTED ACTION: Plat Revision of Lots 3R, 4R, 5R, 6R, 7R, 8R, 9R, IOR, I IR, 12R, 13R, 14R, 15R, and 16R of Block 4, and Lot IOR of Block 3, Monticello Estates, Phase One, being approximately 6.279 acres situated in the P. J. Hyde Survey, Abstract No. 667, and being 15 residential lots. LOCATION: Monticello Estates Phase One, on the north side of West Continental Blvd, being along the east side of Parkview Lane (Block 4) and the northeast corner of the Huntington Court cul-de-sac (Block 3). OWNERS/APPLICANTS: Monticello Estates Joint Venture, Calais Construction Incorporated, Hughes -Moore Investments, Inc., D & D Homes, Inc., Newton Brothers Construction, Inc., Gregory T. and Suzanne N. Carpenter, Barrington Homes, Inc., J & G Classic Homes, Inc., Ritz Properties, Inc., and Thomas and Susan Segee. CURRENT ZONING: "P.U.D." Planned Unit Development District, being P.U.D. No. 2, Timber Lake. LAND USE CATEGORY: Medium Density Residential (may include limited low intensity office and/or retail uses) NO. NOTICES SENT: Eleven (11) RESPONSES: One (1) written response was received -within the 200' notification area: • Todd B. Handwerk, 190 Northwest Parkway, Suite D, Southlake, Texas 76092, in favor. P& Z ACTION: June 6, 1996; Approved (4-0-1) subject to Plat Review Letter No. 1 dated May 31, 1996. STAFF COMMENTS: The applicant has met all items in the Plat Review Summary No. 1 dated May 31, 1996 with the exception of those items addressed in the Plat Review Summary No. 2 dated June 14, 1996. G G:\WP EMO\96CASES\96-059PR.WPD 8A- I — x 3 p x 3CI ❑ 3x2 CLA N pp1. An OJON 3A ' 'nn R.J. 4'j� /� ADE22 1 SWWY A —I= 1 6 Ac x JAI I i 36 6 Ac 3 I — __ J. THOU 4 WKEY _ w I 5 Ac �' 1 f I T , 1 I3 Ac ~ ;a 1J —!H a � p 3A -- CARR❑OLL' --' ELEMENTARY �- SCHOOL yxj 25 Ac ®N ; ll. it r4 2.4 16.44 Ac k� i 1 1 UP- �1 _..._. _- 3nc �- ABLVD84A -- AD Prrlo NEST YHLAK .l 1A4 1A1 5 IAB L 1B N 15 Ac 3Hl JK 1 AKE OR 0 \ E 3HI U� X 7H �� 3G 'jA %i 9 ® IF ICI 5 Ac 4 Q 4.5 Ac SUNEY A-11 6 Ac 10 Ac 51 RK 4 Ac TyE I o IB Idv�ti.•��: / L41 2 /� M I IA2� j' I IF 1� I SUVWY A— WOKS A-205 1 1G 1E FillrJ I 1 TRACT MAP c } 8A-2 11I N ; • I Bl 3A2 I _ I.. 3Z 3X -- 3Y FT ADJACENT OWNERS AND ZONING Spin Representative #14 Karen Cienki s Q Ca � e � ,�`,� ✓sue J s LoVBlock Ownershl Monticello Estates JV Monticello Estates JV j 122 J & G Classic Homes, Inc. i 132 Monticello Estates JV 142 Tom Adair, Inc. 19-232 Monticello Estates JV 242 Calais Custom Homes 252 Newport Classic Homes, Inc. 262 Monticello Mgmt. Co. 7/3 Monticello Estates JV 8/3 D & D Homes, Inc. 9/3 Phil Chaffins Custom Homes 11/3 G. D. C. Custom Homes 12/3 Monticello Estates JV 13/3 J&G Classic Homes 15/3 Conn -Anderson, Inc. 16/3 Barrington Homes, Inc. Monticello Estates JV Monticello Estates JV 17 17/4 1/6 Monticello Estates JV 22-28/6 Monticello Estates JV I* n QW ZONING FOR ENTIRE AREA IS v O �L_��r I" Ell, Z 8A-3 vrpm r w T _T —W " ly a7YA1740f 1VjM9XIdX00 City of Southlake, Texas Review No: Two SURVEYOR: Date of Review: 6t14/'96 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 6111/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. * We find the applicant has met all the requirements of our previous reviews. A statement from each taxing authority must be presented to the City showing that all taxes due have seen prior to filing this plat in the County records. Original signatures and seals will be required on each blackline mylar prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x I V or.14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. P& ZACTION: June 6,1996; Approved (4-0-1) subject to Plat Review Letter No. 1 dated May 31,1996. Denotes Informational Comment cc:Coo l t Estates Joint Venture b Marshall, Inc. GAWP 8A-4 c G G C E$. . • rotor isLO rrisi ^ .f A. ,,,.. Fat ,.111If's x a iy, 71777 ((( R I C01r11IirTOi IOOLi1Il1 !l In x -$ s° ax to - ',i' 1� M x b _ yp, _h' Y �Q$ r r ♦ r n ^� .4 ° ( E Fix .� RIF I I Fit at i •• . i --� Al N r a' 0, r c r 'V - M - to td Cps ZVI ' Do cs do _40, 3 r ca 8A-5 City of Southlake, Texas MEMORANDUM June 14, 1996 iTO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: ZA 96-61, Preliminary Plat - Mesco Addition Attached is a letter from Jim Strode, applicant for the above -referenced case, requesting that the item be tabled until the City Council Meeting on August 6, 1996. As we have previously discussed, only the letter requesting the tabling is included at this time. The entire packet will be forwarded when the case is given full consideration. GL/cic G:\WPF\MEMO\96CASES\96-061PP.TBL JAN-12-100 TRJ 22:49 ID: •:' TEL NO: 4070 P02 11111=1j I Prss Oaks Shopping Center 10720 Preston Road. Suite 1000 Dallas, Texas 76230.3607 (214) 361.0900 Fax 361-0040 June 13, 1996 Mr. Ores Last Community Development Director CITY OF SOUTHLAKE 667 N. Curoll Avenue Southlake, Texas 76092 RE: CASE NO. 96-61, PRELIMINARY PLAT, MESCO ADDITION, LOTS 1-7, BLOCK I REQUESTED TABLING UNTIL THE COUNCIL MEETING ON AUGUST 6,19%. Dear Mr. Last: Hereby request that the City Council table the above referenced case until the City Council on August 6, 1996. I thither understand that the required number of revised drawings and appropriate reductions must be submitted to the City by 5:00 p.m. on July 22, 1996. 6 , .sawt.,aM suMw»Eo w m W aftooEe 0l 0 NUAM M N Mot pMe.rrel0 W w "of `NOCO, C"Me6NOW, eMMe ws @WOO . VR M wH M W MW MK WA"*W WM- gB-2 City of Southlake, Texas MEMORANDUM (400, June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Director of Community Development SUBJECT: Ordinance No. 480-200,1st 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 C:NTAPPLICANT: Katherine Bartholomew ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-lA" 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, 1100 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-lA" Single Family Residential District does not require a concept plan; therefore, there is no Staff Review letter. ACTION: June 6, 1996; Approved (4-1). 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OCCCL to SV6je t pcoQe.t� 8C-4 ' C+�J 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 FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A," FROM 1,0 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 der 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 GAORDTASEM480-200. WPD Page I 8C-5 ;-hanges should be granted or denied: safety of the motoring public and the pedestrians using the ilities 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 L, ginal 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, hereby amended so that the permitted uses in the hereinafter described areas be altered, changed (W ' amended as shown and described below: GAORMCASM480-200. WPD 8C-6 Page 2 Being cre tract of land situated in the �`' _ ,and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from �' to 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 f the community. They have been made after a full and complete hearing with reasonable nsideration among other things of the character of the district and its peculiar suitability for the articular 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 QTecting zoning which have accrued at the time of the effective date of this ordinance; and, as to 46Wch 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:\ORD\CASES\480-200.WPD Page 3 8C_7 [ 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 MAYOR ATTEST: �L day of — , 1996. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1996. MAYOR ATTEST: CITY SECRETARY �J GAORD\CASES\480-200. WPD Page 4 8C-8 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: G:\0RD\CASES\480-200. WPD Page 5 8C-9 � L 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 West line of a tract of land as described in deed to Robert H.•Rockenbaugh an 'fe Dorothy Rockenbaugh recorded in Volume 4437 at page 362 of the De ecords of Dallas County, Texas; 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 POINT OF BEGINNING. CONTAINING 1.379 acres of land, more or less. GAORMCASES\480-200. M 8C-10 Page 6 City of Southlake, Texas MEMORANDUM June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 96-32, Appointments to SPDC Resolution No. 96-32, allows for the appointment of members to the Southlake Park Development Corporation (SPDC). According to the Articles of Incorporation for the SPDC, four (4) members shall be members of the City Council and the three (3) remaining directors must not be employees or officers of the City, or members of the City Council, and at least one of the remaining directors must be a member of the Southlake Parks and Recreation Board. The terms are for two (2) years. As noted in the resolution, currently four (4) Councilmember places are available: two (2) for two (2) years and two (2) for one (1) year terms. A two (2) year term for a citizen appointment is open as well as a one (1) year unexpired term for a citizen appointment. Provided Rod Johnson is reappointed to the Parks and Recreation Board, his place on the SPDC will serve as the Parks and Recreation Board representative. This would allow for two (2) citizens at large be appointed to the board of directors. Councilmembers have already been given the applications for these positions. If you have questions, please do not hesitate to contact me. Z&1011- /sl 31 City of Southlake, Texas RESOLUTION NO. 96-32 (4amol A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE SOUTHLAKE PARK DEVELOPMENT CORPORATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the authority granted by the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes as amended (the "Act"), the City Council found it advisable to authorize the creation of a non-profit corporation to be named the Southlake Park Development Corporation, to act on its behalf in financing, under the Act, eligible "projects" deemed to be for the benefit of the public; and, WHEREAS, the Board of Directors shall be composed of seven (7) persons; and, WHEREAS, four (4) of the members shall be members of the City Council and the three (3) remaining directors must not be employees or officers of the City, or members of the City Council, and at least one of the remaining directors must be a member of the Southlake Park and Recreation Board; and, WHEREAS, currently four (4) Councilmember places are available: two (2) for two (2) years and two (2) for one (1) year terms. A two (2) year term for a citizen appointment is open yell :FORE a one (1) year unexpired term for a citizen appointment. III , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in its entirety. Section 2. The City Council hereby appoints the following to fill the expired and unexpired terms. 1. Councilmember (two year term) 2. Councilmember (two year term) 3. Councilmember (one year term) 4. Councilmember (one year term) 5. Citizen (two year term) 6. Citizen (one year term) Section 3. That this resolution shall become effective upon passage and approval by the City Council. 1 PASSED AND APPROVED THIS THE 18th day of June, 1996. Resolution No. 96-32 ( two �r ATTEST: Sandra L. LeGrand City Secretary a:\wpfiImVm 6.32w C+� Mayor Rick Stacy — A -3 City of Southlake, Texas MEMORANDUM June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 96-33, Appointments to Parks and Recreation Board. Resolution No. 96-33 allows for the appointment of members to the Southlake Parks and Recreation Board. The Parks and Recreation Board consists of nine (9) members to serve three (3) year terms. Currently there are four (4) vacant three year terms and two (2) unexpired terms. Carol Lee Hamilton, Bethann Scratchard and Robin Jones remain on the board. The terms occupied by Rod Johnson, Vicki Johnson, Janet Murphy, Marjorie Zielke, Becci Rollins and Robert Bledsoe are vacant. Becci Rollins resigned, therefore, leaving two (2) years remaining on her term. Dr. Robert Bledsoe also resigned leaving one year remaining on his term. Councilmembers have been given the applications and conducted interviews with many of the applicants. If you have questions, please give me a call. %sl L City of Southlake, Texas RESOLUTION NO. 96-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE SOUTHLAKE PARK AND RECREATION BOARD. PROVIDING AN EFFECTIVE DATE. WHEREAS, a Parks and Recreation Board was created for the purpose of Planning and Developing Parks and park sites within the City of Southlake, for the use and benefit of its citizens; and, WHEREAS, the Parks and Recreation Board shall consist of nine (9) members, to serve three (3) year terms; and, WHEREAS, currently there are four (4) vacant three (3) year terms and two (2) unexpired terms; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. n 2. The terms of Rod Johnson, Vicki Johnson, Janet Murphy, Marjorie Zielke, Becci R 'ns (two year remaining) and Robert Bledsoe (one year remaining) are vacant. Section 3. The City Council hereby appoints the following persons to the Parks and Recreation Board for terms as shown: 1. three year term 2. three year term 3. three year term 4. three year term 5. two year unexpired term 6. one year unexpired term Section 4. This resolution shall become effective after its passage and approval by the City Council. PASSED AND APPROVE THIS THE 18th day of June, 1996. A Resolution No. 96-33 L � two EVI-fi-549 Sandra L. LeGrand City Secretary cAwprk.VcO&ss.pwW A a(b-3 Mayor Rick Stacy r- City of Southlake, Texas MEMORANDUM June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 96-34, Appointments to the Planning and Zoning Commission. Resolution No. 96-34 allows for the appointment of six (6) new members to the Planning and Zoning Commission. According to Chapter XI of the Home Rule Charter, there are seven (7) members appointed to the board. Section 11.03 of the Charter sets the terms as two (2) years. The terms occupied by Joe Wright, Ernest Johnson, Randy Arnold, Arthur Hobbs, Rex Potter have expired. Rex Potter and Dona Schroetke resigned their positions in order to file for a place on the May 4, election ballot. They left unexpired one (1) year terms. James Murphy is the only member still setting on the Board. The interviews have been conducted and councilmembers have the applications in hand. If you have questions, please give me a call. Al. OR City of Southlake, Texas (46� RESOLUTION NO. 96-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Home Rule Charter of the City of Southlake, Texas, was approved by the voters in a duly called Charter Election held on April 4, 1987; and, WHEREAS, in the Home Rule Charter, Chapter XI concerns Planning and Zoning; and Section 11.03 allows for appointments for two (2) year terms on the commission; and, WHEREAS, currently the terms of four (4) two (2) year terms and two (2) one (1) year unexpired terms are vacant; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCEL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their V. Section 2. The terms of Joe Wright, Ernest Johnson, Randy Arnold, Arthur Hobbs, Rex Potter (one year remaining) and Dona Schroetke (one year remaining) are vacant. Section 3. The City Council hereby appoints the following persons to the Planning and Zoning Commission to serve a term to expire in June 1998 and 1997 respectively. 1. two year term 2. two year term 3. two year term 4. two year term 5. one year unexpired term 6. one year unexpired term Section 4. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 18TH DAY OF JUNE, 19%. lution No. 96-34 two ATTEST: Sandra L. LeGrand City Secretary LOAL144 - 30 Mayor Rick Stacy 01 c-� City of Southlake, Texas June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 96-35, Appointments to the Zoning Board of Adjustments. Resolution No. 96-35 allows for the appointments of members to the Zoning Board of Adjustments. The Zoning Ordinance No. 480, Section 44, calls for a five (5) member board with two (2) alternate members. The terms occupied by Fred Joyce, Dennis Minder and Joe Moore (Altemate #1) have expired. Lloyd Latta and Jon Michael Franks (a1Wrnate;#2) have resigned. The place of Gary Fawks was left vacant when he filed for a Council position. The terms are for two (2) years. Six (6) places are open on the board at this time, with the only remaining member being Art Sorenson. The available places are outlined in the resolution. Councilmembers have conducted interviews and have the applications. If you have questions, please give me a call. NO City of Southlake, Texas RESOLUTION NO. 96-35 A RESOLU TION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake has a Zoning Board of Adjustments as stated in the City Home Rule Charter, Chapter XI, Section 11.02; and, WHEREAS, the Zoning Ordinance No. 480, Section 44, calls for a five (5) member board with two (2) alternate members; and, WHEREAS, currently the two year terms of two (2) regular members and one alternate member has expired; as well as the unexpired terms of two (2) members and one (1) alternate members with one (1) year terms; now; ARE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All the findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in its Co ty. n 2. The terms of the following members have expired: Fred Joyce, Dennis Minder and John Moore (Alternate #1). Their are three (3) one year unexpired terms that are currently vacant: Lloyd O. Latta Jr., Gary Fawks, and Jon Michael Franks ( Alternate #2). 1. two year term 2. two year term 3. two year term (Alternate #1) 4. one year unexpired term 5. one year unexpired term 6. one year unexpired term (Alternate #2) Section 3. This resolution shall become effective after its passage and adoption by the City Council. C. PASSED AND APPROVED THIS THE 18TH DAY OF JUNE, 1996. Mayor Rick Stacy q D -'z. Resolution No. 96-35 ATTEST: Sandra L. LeGrand City Secretary CAwpfdwXrtO&35.zbaW City of Southlake, Texas MEMORANDUM June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 96-36, Appointments to Joint Utilization Committee Resolution No. 96-36, allows Council to make appointments to the Joint Utilization Committee (JUC). According to the By -Laws of the JUC, it has been established that the committee will consist of at least five (5) members; two (2) members appointed by the Southlake City Council, one (1) of which shall be a member of the City Council; two (2) members appointed by the Carroll ISD Board of Trustees, one of which shall be a member of the CISD Board of Trustees; and one (1) representative from the Parks and Recreation Board as selected by the Chair of the Board. Currently, Bethann Scratchard is the representative from the Parks and Recreation Board, Rick Wilhelm is the city's appointee who also serves as Chair for the JUC. Michael Richarme served as the Council representative. Rick Wilhelm has indicated that he would like to continue serving on this committee if Council chooses to reappoint him. Kevin Hugman, Assistant to the City Manager, is the staff member who works with the JUC, preparing agendas, packets, etc. I have attached a current roster of the JUC for your information on the CISD appointments. qE-1 r City of Southlake, Texas RESOLUTION NO. 96-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE JOINT UTILIZATION COMMITTEE (JUC). PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, formed a Joint Utilization Committee (JUC) to work with City and Carroll ISD staff in developing and implementing joint use projects; and, WHEREAS, it has been established that the committee is to consist of at least five (5) members; two (2) members appointed by the Southlake City Council, one (1) of which shall be a member of the City Council; two (2) members appointed by the Carroll ISD Board of Trustees, one of which shall be a member of the CISD Board of Trustees; and one (1) representative from the Parks and Recreation Board as selected by the Chair of the Board; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. The City Council desires to appoint the following members to serve on the Joint Utilization Committee: 1. Councilmember 2. Citizen Section 3. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 18TH DAY OF JUNE, 1996. ATTEST: Sandra L. LeGrand City Secretary c:\wpfilcs\rcs96-36. juc\s1 q E - t2. Mayor Rick Stacy r JOINT UTILIZATION COMMITTEE City CounciliCISD/Parks Voting Members Rick Wilhelm (Chairman) Woodbrook Mike Murphy, Assist. Superintendent 1330 Lane Curriculum and Instruction Southlake, Texas 76092 CISD H: 481-5073 1201 N. Carroll Avenue W: (214) 855-7552 Southlake, Texas 76092 Fax: (214) 855-7584 W: 481-5775 Warren Davis (school Board Rep) Richard Wilkinson, Principal 1367 Holland Hill Carroll Middle School Southlake, Texas 76092 1101 E. Dove H: 481-6138 Southlake, Texas 76092 W: (214) 302-2212 W: 481-2183 Fax: (214) 488-9572 Jane Cousins, Principal Bethann Scratchard (Park Board rep) Johnson Elementary 1410 Whispering Dell Street 1301 N. Carroll Avenue Southlake, Texas 76092 Southlake, Texas 76092 H: 481-3558 W: 481-2184 W: (214) 464-7439 Mark Terry, Principal Michael Richarme (City Council Rep) Durham Elem./Intermediate School 1347 Estella Way 801 Shady Oaks Southlake, Texas 76092 Southlake, Texas 76092 H: 488-4863 W: 481-8068 Robert Glover, (vice Chairman) Ted Glowacki Electric Power Research Inst. CISD 600 E. Las Colinas Blvd. 1055 N. Carroll Avenue Ste. 1550 Southlake, Texas 76092 Irving, Texas 75039 W: 481-4548 W: (214) 556-6501 Kim McAdams Park Project Manager Other Members City of Southlake 667 North Carroll Avenue Buddy Luce (Er-oficio) Southlake, Texas 76092 1850 Hunter's Creek W: 48115581, ext. 757 Southlake, Texas 76092 H: 341-5417 Kevin Hugman W: 329-3000 Assistant to the City Manager City of Southlake Bill Branum 667 North Carroll Avenue Superintendent Southlake, Texas 76092 CISD W: 481-5581, ext. 710 1201 N. Carroll Avenue Southlake, Texas 76092 ------ W: 481-5775 Hilda Janbaz CISD Administration 1201 N. Carroll Avenue Southlake, Texas 76092 (for posting) c1t.p(rlerU0L%7 CoOV rrLLsf City of Southlake, Texas MEMORANDUM June 14, 1996 TO: Curtis E. Hawk. City Manager FROM: Sean S. Leonard, C-G-S Teen Court Coordinator SUBJECT: Resolution 96-37, Appointments to Teen Court. On September 1, 1994, the cities of Colleyville, Grapevine, and Southlake along with the Carroll and Colleyville/Grapevine Independent School Districts entered into an agreement to create the Colleyville-Grapevine-Southlake Teen Court program. This joint venture began the process through which juvenile misdemeanor offenders are offered an alternative to the criminal justice system while allowing them the opportunity to assume responsibility for their own actions. Through the Teen Court process, each teen is brought before a jury of their peers where they are sentenced to perform community service hours, jury terms, and other as projects that directly or indirectly benefit the communities of Colleyville, Grapevine and Southlake. This all in an effort to promote a healthier attitude towards authority, encourage a sense of responsibility and community awareness among teens, and reduce the likelihood of repeat offenders. As detailed in the Interlocal Agreement (attachment A), The Colleyville-Grapevine-Southlake Teen Court Advisory Board is comprised of ten (10) members; two (2) members appointed from each participating city and two (2) members appointed from each participating School District, as each so chooses. The purpose of the CGS Teen Court Advisory Board is to advise the City Councils and their staff on the operation of the Teen Court Program and to assist in the development of community resources for the purpose of advancing the Teen Court Program. A primary goal of the board is also to voice the concerns of the community and provide an objective criticism regarding the Teen Court program. Objectives include: enhancing public relations; assisting with the location and development of new community placement sites and opportunities; assisting with the recruitment, retention, and recognition of volunteers; and a desire to increase the visibility of the CGS Teen Court Program. Attached is Resolution 96-37, a resolution of the City Council of Southlake, Texas appointing members to the C-G-S Teen Court Advisory Board for a one (1) year term. SSL/sl Attachment: Interlocal Agreement Resolution 96-37 City of Southlake. Texas RESOLUTION NO. 96-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS. APPOINTING MEMBERS TO THE COLLEYVILLE-GRAPEVINE- SOUTHLAKE TEEN COURT ADVISORY BOARD FOR A ONE (1) YEAR TERM: PROVIDING AN EFFECTIVE DATE. WHEREAS, Teen Court is a volunteer program which allows juvenile misdemeanor offenders an alternative to the criminal justice system while allowing them to an opportunity to assume responsibility for their own actions; and, WHEREAS, Teen Court brings juvenile offenders to a jury of their peers and to the community for constructive punishment which will provide the youths with an understanding of the judicial system and a realization of their roles in their community; and, WHEREAS, The Colleyville-Grapevine-Southlake Teen Court Advisory Board is comprised of ten (10) members; two (2) members appointed by the City of Colleyville; two (2) members appointed by the City of Grapevine; two (2) members appointed by the Superintendent of Schools of the Carroll Independent School District; two (2) members appointed by the Superintendent of Schools of the Grapevine/Colleyville Independent School District; and two (2) members appointed by the City of Southlake; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All the above premises are found to be true and correct and are hereby incorporated into the body of the resolution as if copied in its entirety. Section 2. The City Council desires to appoint the following members to serve on the Colleyville-Grapevine-Southlake Teen Court Advisory Board. I . (one year term) 2. (one year term) Section 3. This resolution shall become effective after its passage and adoption by the City Council PASSED AND APPROVED this the day of , 1996. CITY OF SOUTHLAKE, TEXAS 134 ATTEST: Rick Stacy, MAYOR Sandra L. LeGrand City Secretary c: pJocstadviwry\n;solu[i.on OFFICIAL RECORD INTERLOCAL AGREEMENT CITY OF COLLEYVILLE, CITY OF GRAPEVINE, CITY OF SOUTHLAKE, CARROLL INDEPENDENT SCHOOL DISTRICT, AND GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT This Contract and Agreement, entered into the 1st day of September 1994, by and between the City of Colleyville, the City of Grapevine, and the City of Southlake, municipal corporations herein called "Cities" or "each participating City," and the Carroll Independent School District and the Grapevine- Colleyville Independent School District, herein called "School Districts" or "each participating -chool District," the parties acting herein ;ir;dder i be authority and pursuant to the terms of Chapter 791. 1NTERLOCAL COOPERATION CONTRACTS, Texas Government Code, WITNESSETH THAT: WHEREAS, the City Councils of the Cities- of Colleyville, srapevine, and Southlake and the Boards of Trustees of the Carroll Independent School District and the Grapevine-Colleyville Independent School District jointly find that it will be in the public interest to enter into this agreement for the purposes set out herein below, NOW, THEREFORE, it is mutually agreed between each participating City and each participating School District that: .y� 1q. �T'i%..rt,R~.-1•..._ '• -.�-: .....� w,,;..,.. rograma._..h F:lemG �'��C•T`K.iG•C•�t „'n1i"'i r. t-:ifii•-•;,;.sT:•- s anor offenders M?a,ito the_�cr-imhal WER lira n , i eYlowingthem''?osspsi�b bringing juvenile offenders to a jury of their peers and to the Community for constructive punishment will provide the youths with an understanding of the judicial system and a realization of their roles in the community. Page 1 CCl-IEEN.!•K/ORD,4 RES.S.+GtAb 2. The community will. benefit from this interaction in that, through Teen Court, the community is afforded a unique opportunity to become involved in the education of juvenile offenders, as well as juvenile volunteers. Teens, through their active involvement are afforded a way to learn how our system of justice -.corks and to realize their roles in the community. 3. A Teen Court Advisory Board shall be appointed by the respective governing bodies comprised of ten (10) members: two (2) from each participating city and two (2) from each participating school district, as each so chooses. The role and duties of the Teen Court Advisory Board shall be established by the Municipal Court Judges in the participating cities. 4. A Teen Court Budget Advisory -Committee shall be established, comprised of five (5) members: the city managers of each of the three (3) participating cities, and the superintendents of each of the two (2) participating school districts, or their designees. The..Budget Advisory Committee shAkl pet the budget for the Colleyville-Grapevine -Southlake (CGS) Teen Court, and 'shall be ,responsible for budget oversight of the Courts operations. 5. The City of Southlake shall contract for professional and personal services to administer and coordinate the activities of the CGS Teen Court program. 6. The selection of the Independent Contractor to -serve as Teen Court Coordinator shall be subject to the approval of the majority vote of Teen Court Budget Advisory Committee and the Municipal Court Judges in the participating cities. 7. The City of Grapevine shall provide office space for the Teen Court Coordinator. 8. Each participating city and school district shall contribute the sum of $6,000 as its contribution to the CGS Teen Court Program, the sum to be paid to the City of Southlake. Page 2 CCPMEN. 1Nr.VRDAAfS"0tAb `^ 9. Scope of services provision in the L'ersonal Services Contract with Teen Court Coordinator shall be established by the Budget Advisory Committee and the Municipal Court Judges in the participating cities. 10. This Contract shall be for the initial period of one (1) year beginning September 1, 1994. 11. Any party hereto may terminate its participation in this agreement without recourse or liability upon thirty (30) days written notice to the other party. ATTEST: c Carroll Independent School District ty Secretary, ity of Colleyville i4vyl ecretary City of Grapev e City Secretary, w ``.�` City of Southlake =off CA �v Page 3 Grapev-ine-Colleyville Independent School -District EBOWN� , Mayor, . - i Maybr, City of Grapevine Cie rre1v.1Hr14MDAAcsuaw ( = F a - CS Mayor, Ga Fickes City of Southlake Approved as to form and legality: City Attorney, City of Colleyville zc)' , �� City Attorney, ty Southlake (-(: �t' f - 1, � !; - A-- � ney, Grapevine-Colleyville Independent School District ,t Page 4 - cas-ruv.rNrrrowcAES"GK u City Attorney, y of Grapevine Atto ney, Carroll Independent School District law ON of Southlake, Texas MEMORANDUM June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 96-38, Appointment as DFW Liaison Resolution No. 96-38 allows for the appointment of a Councilmember to serve as Council Representative to Dallas/Fort Worth Airport. In 1992, the Dallas -Fort Worth Airport staff established a "neighborhood forum" whereby surrounding cities would have an official vehicle for input concerning noise problems. Deputy Mayor Pro Tern Pamela Muller has served in this capacity, and expressed that she would like to continue in this area. If you have questions, please give me a call. Al ; City of Southlake, Texas RESOLUTION NO. 96-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A COUNCIL REPRESENTATIVE AS LIAISON TO DFW AIRPORT. PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1992, the Dallas -Fort Worth Airport staff established a "neighborhood forum" whereby surrounding cities would have an official vehicle for input concerning noise problems; and, WHEREAS, the City of Southlake was requested by DFW Airport to send a representative to the DFW Noise Forum, as it comes to be known; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The above premises are found to be true and correct and incorporated into the body of this resolution as if copied in their entirety. Section 2. COUNCII.MEMBER , is hereby appointed by the City Council to serve as the liaison to DFW Airport for the DFW Noise Forum and other related matters. Section 3. The appointment is hereby effective upon passage of this resolution by the City Council. PASSED AND APPROVED THIS THE 18TH DAY OF JUNE, 1996. Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary c:\wpri cs\rw96-38.dfw\sl City of Southlake, Texas MEMORANDUM l ,. June 14, 1996 i TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 96-41, appointments to the Senior Advisory Commission Resolution No. 96-41 gives Council the opportunity to appoint members to the Senior Advisory Commission. Ordinance No. 653 establishes the commission and states the Senior Commission shall consist of six (6) citizens of Southlake who must be at least 55 years of age. Several Councilmembers have indicated they would like to include two (2) alternate members to this commission. Council interviewed several applicants for this new commission on June 12, and indicated they were impressed with their enthusiasm and spirit with regard to the establishment of this group. The Senior Advisory Commission shall act in an advisory capacity to the City Council in all matters pertaining to senior programs and issues, including development of long range capital improvements programs, policies in senior service and improvements and senior -related programs for development of recreational facilities. According to Ordinance No. 653, the places on the commission shall be numbered one (1) through six (6). Vacancies shall be filled in the same manner provided for regular appointments. In making the initial appointments, the City Council shall appoint three (3) members for two- year terms and three (3) members for one-year terms. The terms for the alternate members could be one (1) year for one member and two (2) years for the other member. If you have questions, please give me a call. q.5-\ City of Southlake, Texas RESOLUTION NO. 96-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE SENIOR ADVISORY COMMISSION; ESTABLISHING THE NUMBER OF BOARD MEMBERS; TERMS OF OFFICE; DUTIES AND RESPONSIBILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it advisable and necessary to establish a Senior Advisory Commission for the City of Southlake, to act as an advisory board to the City Council relating to senior programs and city issues; and, WHEREAS, Ordinance No. 653 establishes the Senior Advisory Commission and states the Senior Commission shall consist of six (6) citizens of the City of Southlake, who must be at least 55 years of age; and, WHEREAS, Places on the Commission shall be numbered one (1) through six (6). Vacancies shall be filled in the same manner provided for regular appointments. In making the initial appointments, the City Council shall appoint three (3) members of the Senior Commission for two-year terms and three (3) members for one-year terms; and, WHEREAS, The Senior Advisory Commission shall act in an advisory capacity to the City Council in all matters pertaining to senior programs and issues, including development of long range capital improvement programs; recommend policies in senior service and improvements; recommend senior -related programs for development of recreational facilities, areas and improved recreation services; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. The City Council desires to appoint the following members to serve on the Senior Advisory Commission: 1. two year term 2. two year term 3. two year term 4. one year term 5. one year term 6. one year term 7. alternate member 8. alternate member Resolution No. 96-41 page two Section 3. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 18TH DAY OF JUNE, 1996 Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary Owpriles\res%-41.sen\sl City of Southlake, Texas MEMORANDUM June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Public Works Director SUBJECT: Developer Agreement for Coventry Manor, Phase II The Developer Agreement for Coventry Manor, Phase II is attached. Phase II is a continuation of the previous development and agreement. Therefore, there are no unusual changes on this agreement in relation to the Phase I agreement. The usual requirements for performance and payment bonds, letters of credit, or cash escrow are incorporated within the agreement. There are several paragraphs in the agreement that require Council attention: Page 9, OTHER ISSUES, paragraph A (Off -Site Sewer): In Phase I, the City Council agreed to reimburse the Developer on the following items for the offset against the City's "over sizing" cost agreement: 1) on a "semi-annual basis for all Sewer Impact Fees collected by the City for properties which contribute sewerage to the N-1 Line built by the Coventry Addition" 2) the 2 % Administrative Fee and the 3 % Inspection Fee collected by the City. Page 10, OTHER ISSUES, paragraph B (Off -Site Drainage): The Developer will contribute $17,000 as the Phase II share of the critical drainage structure downstream from the development. The total of Phase I and Phase II is $37,000. Page 10, OTHER ISSUES, paragraph D (Park Fees): The Park Board and the City Council agreed to grant the Developer 30 % credit toward the required Park Fees for Phases I and II. The Developer paid the required Park Fees of $17,500 on July 10, 1995. Page 11, OTHER ISSUES, paragraph E (Perimeter Street Fees/Street Impact Fees): The Developer paid, as part of Phase I, the required Street Permit Fees for all of the Perimeter Streets for the entire addition. Therefore, no fees are due nor can Street Impact Fees be assessed at the time of building permits. RECOMMENDATION: Staff's recommendation is to place the Developer Agreement on the June 18, 1996, Regular City Council Agenda for approval. BW/ls attachment: Coventry Manor, Phase II, Developer Agreement Park Director Kim McAdams Memorandum dated June 13, 1996 C:\WPWIN60\WPDOCS\DEVELOP.AGR\COV-MN2.MEM 10A-1 COVENTRY MANOR, PHASE II, ADDITION DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the Coventry Addition, to the City of Southlake, Arrant County, Texas, hereinafter referred to as the "Addition," for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 52 residential lots and I common area contained within the Coventry Manor, Phase II, Addition and to the off -site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% (5) of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer 1OA-2 and accepted by the City. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: I . Developer agrees to pay the following subject to modification by section IV, paragraph A. of this agreement: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities -2- 10A-3 included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third parry, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. -3- 1OA-4 J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, reviewed by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and In 10A-5 specifications to be prepared by the Developer's engineer and reviewed by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. -5- 1OA-6 E. ON -SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. F. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydro mulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. G. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any 0 10A-7 circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to .. property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. I. START OF CONSTRUCTION: Notwithstanding the approval of this Agreement, Developers cannot construct underground utilities, pave, or construct off -site utility system, until the final plat is approved and all applicable requirements under Article I hereof have been met. In addition,<before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre -construction meeting between Developer and City is required. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly -7- 1OA-8 safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year 12 10A-9 period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if-. a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. OFF -SITE SEWER: Coventry Addition will be served by the N-1 sewer line and this line will connect to a TRA lift station. with the autside eempletion date of said lift station estimated to I WON WINOWN WON IVA 1OA-10 The portion of t N-1 line shown on the attaelied exhibit it has -'been constructed by Developer. Developer will be reimbursed on a semi annual basis, all sewer impact fees, collected by the City for properties which contribute sewerage to the N-1 line built by the Coventry Addition. This reimbursement shall not total a greater amount than the original cost of construction. Article V, Oversizing will allow reimbursement to the Developer for the difference in cost of the oversizing within five (5) years from acceptance of Developer's portion of the sewer line. Inspection Fees (3%) and Administrative Processing Fees (2%) paid by Developer to the City for Phase I, and Phase II and off -site improvements will be offset against the City's reimbursement of oversizing costs by their repayment by the City to the Developer within 10 days after the later to occur of (i) payment of the respective fees and (ii) the City's acceptance of the off -site improvements. B. OFF -SITE DRAINAGE: The Developer understands that the Drainage Ordinance, Section 6.06-B, requires that each development contribute on a pro -rate basis towards the cost of replacing critical drainage structures downstream from the development. This development is within the basin served by the box culverts in Dove Road, White Chapel, and Shady Oaks Drive. The Developer agrees to pay a total of $37,000 for the entire Addition with $20,000 Otte hawaxigbeen.paid for Phase I. The Phftse 1 fee shall be payable prior to the begirdting of eomtrue Phase II -will be $17000 anclbe payable prior to ;the beginningof construction: C. OFF -SITE WATER: Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in accordance with current ordinances and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost. D. PARK FEES: The Developer agrees to pay Park Fees in conformance with Ordinance No. 483 (Subdivision Old.), Article VII, Park and Recreation Dedication Requirements. However, in consideration of the amenities to be installed in this Addition Phase$ I an, the Developer has requested credit toward the required Park Fees. The Park Board considered the Developer's request for credit at the May 5, 1995 meeting and recommended to City Council that 30% credit be given. The Council, hereby, grants -10- 10A-11 a 30% credit for a required Park Fee of $17,500 for Phases I and II and is has been paid to the City prior to the begiming of eonstrttetiort-. on July 10, 1995. E. PERIMETER STREET ORDINANCE/STREET IMPACT FEES: The Developer agrees to pay the Perimeter Street Fee of $59,000�mile toward the street perimeter fee. Approximately 362.35 f�et of the Addition abuts on Shady 9aks and !,�64.93 f�et abuts on North Peytonville, whieh will require a Perimeter . Phase I of the Addition, paid the Perimeter Street Fee in the amount of $165,385.75. This fee included the entire frontage for Phase I and II of the Addition. Therefore, all street fees are paid. F. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585. H. OFF -SITE CREEK MAINTENANCE FUND: Developer shall contribute to the City the sum of $15,000 (the "Maintenance Fund") to be held and used by the City for a period of three (3) years after final acceptance by the City of Phase I of the Addition. The Maintenance Fund shall be paid in two (2) installments. The first installment of $7,500 shall be paid within five (5) business days after the final acceptance by the City of all streets and utilities of Phase I of the Addition; the second installment of $7,500 shall be paid upon the first to occur of (i) eighteen months after the City's final acceptance of the streets and utilities in Phase I, or (ii) within five (5) business days after the final acceptance by the City of all streets and utilities of Phase II of the Addition. With respect to the payment of any installment hereunder, Developer shall not be in default unless it had filed to pay the respective amount within five (5) days after receipt of written demand for payment by the City. The Maintenance Fund may be used by the City in its discretion for the maintenance, improvement, and upgrade of southfork of Kirkwood Branch Creek as -I1- 10A-12 well as local branches thereof, and bar ditches and other drainage improvements in and around Shady Oaks Drive north of Highland Street of the City. At the expiration of the three (3) year period, any remaining balance of the Maintenance Fund shall be deposited, at the City-s discretion, either in the City's Park Fund (and then allocated to public improvements in and around the Intermediate and Elementary Schools located on Shady Oaks Drive) or in any fund related to or into the account of any drainage district in which southfork of Kirkwood Branch Creek is located. Nothing herein contained shall imply, be deemed to imply or act to create any obligation on Developer's part to maintain, improve, upgrade or perform any other work on any portion of southfork of Kirkwood Branch Creek, any of its branches or any other public improvements. The terms and conditions of this section shall survive the completion of Phase I of the Addition and expiration of the Developer's Agreement on Phase I of the Addition. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address Date: CITY OF SOUTHLAKE, TEXAS In Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: -12- 10A-13 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C maybe substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. C:\WPWIN60\WPDOCS\DEVELOP.AGR\COV-MAN.2 -13- 1OA-14 City of Southlake, Texas — MEMORANDUM June 13, 1996 TO: Bob Whitehead, Director of Public Works FROM: Kim McAdams Lenoir, Director of Parks and Recreation SUBJECT: Park Dedication Fees - Coventry Development The Parks and Recreation Board reviewed the developer's plans for Coventry Phase I and Phase II on May 9, 1995. The Board recommended that the Coventry Subdivision be granted 30% credit based on the natural areas and unique features of the project. Attached are the Board minutes for your review. If you have any questions please call me at 481-5581 ext 757. 4V�, KML 1OA-15 PrimeCo Personal Communications, L.P. Six Campus Circle Westlake, TX 76262 817/258-1919: Fax: 8 17/258-1012 C,nthia Lucas %lanager - Site Development June 6. 1996 Nis. Karen Gandy Zoning Administrator City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Ms. Gandy: Thank you for spending time with me over the last few weeks to discuss PrimeCo's tower siting strategy in Southlake. Hopefully this letter and attached exhibits will provide the detail needed to make a decision regarding the permitting required for the sites in question. PrimeCo is a newly licensed Personal Communication Services (PCS) company. PrimeCo's goals are to provide innovative, easy -to -use, affordable wireless communications services. The PCS technology is a digital, next -generation wireless communication service, ultimately including voice, data, and video. wireless communications are growing at a phenomenal rate — nationally, 30,000 new customers per day and 2 of every 3 new phone numbers. That growth has fueled the demand for service and increased tensions as new towers have been erected. PrimeCo's goal is to minimize the impact on community aesthetics by mounting antennas on existing structures and avoid building new monopoles whenever possible. Currently, 85% of our sites in the metroplex have been built on existing structures, including water towers, electrical transmission towers, office buildings, billboards, and communication towers. In Southlake that percentage increases to 100%. Most municipalities throughout the Dallas/Ft Worth area. metroplex have allowed mounted antennas on existing utility structures over 80 feet in height as a matter of right. Their staffs have determined that the antennas are merely using an existing utility structure to provide .an additional public service use to the community, with no impact on surrounding uses. We are respectfully requesting that the City of Southlake consider the facts that we have presented in this document and reach a similar conclusion. The attached map in Exhibit I shows the location of the sites. Exhibit 2 provides a detailed -description of each location. Exhibit 3 is a picture of an antenna mounted on an existing TU transmission tower and the accessory equipment cabinet. PrimeCo is on a schedule to provide service to the metroplex in the second half of this year. Coverage in Southlake is of particular importance to us for several reasons. Our corporate and southwest region headquarters are located in Westlake. As our customers, vendors, and employees (a large portion of whom live in Southlake) travel the Southlake corridor. we need to be able to provide them with coverage. l oe- / Ms. Karen Gandy June 6. 1996 Page " PrimeCo's service goals are also beneficial to the City of Southlake, through: • increased tar revenue; • use of existing structures reduces the aesthetic impact as multiple wireless companies operate within the community; • assisting in providing new technology to residents and businesses in the community; and • additional competition creates lower prices for wireless services procured by the City and its citizens. We would appreciate any assistance the City can provide in supporting and expediting the processes we need to complete the construction of our Southlake sites. We are available to meet with you or make a presentation to the Planning and Zoning Commission, City Council, City Attorney, or City Manager whenever necessary. PrimeCo looks forward to providing wireless service in Southlake and building our infrastructure using existing structures. Please let me know if you have any questions, or need additional information. Sincerely, NI1*4W Cynthia Lucas M �o,� a 31 EXHIBIT 1 • � _ - _ F �� _ � ,:?gin. ~�f ��' ..i}�-�.�! t - ^ � , S ,t- ` i 39. s': emu' _ _ a I ►d 7l -, ... �9 �1 � y �'. i.r 1L � .. _ CJ i/ - �� _Il }I .?It` OI �' � �''.c�1 � �1► ,I�fgil �l �� - ? 4 a.-1hwl\ I mvi i ; a .a In •ti 1_ } "�� r00S ►'nr i'"u. - it �lr � p� � �. yam.. J,' � �. 3 �� iI _. . ,r.. �.� � :ate .�, , � Crit �S�" :tJ'�•c �� eN'^�.,; I: j� f* O.� �+ 1.tF:si1 •_,) fo - ..� e�44 C O r ° •.%OIYr. , N?. 1 IN LU 61, ?6 � —1A113eii;iAT , is a•: - 1 I :J j rt• t l:.r. I ■ . i c,.;,, ! � �.~ `- - O Wit_.-�" - �$ - � � •'�.O � Kls:,r � < - �a- 5,�._ j� ,yy .• Ljj 0 %��.. .� 7 c - b Y 9 � iJ• K: I it c+ sd _ a t _ 3/ �� i r•.. . EXHIBIT 2 10,6- ,5 ea 72 L V Z _o v a a� c a� u � _u 3 � u c 'C y C .- cQ G y Y � U cn y � u Q• •3 s E E t' z w v � y VJ y y v C y C/) .y C cLU ^^v^ ` v� W y ~ y 0 � y yr E 3 • y u U � ` � t C O C O Rcc y A C y 40 W u y 3 s � t �+ ed �E u v C y C C C � •C cC • � y O U O C U cc O ?� y y y N T •V U � 3 u V z C L U`> z CA _T (n 0 U L n o Y c A a C ^ Y V z o _ > Y u c 3 0 a a? 0 0a A r t o C O u 3 c =U u u c F >'c A U c a ,o _C c. U H EQ €V o �Goe o e ao e u 5 u �U uia•�'� . Q Q."= �a Qs F Gzl _z fV N — N — 00 x fV m U60 X X 0o eo X 60 v _ = Z F u h N 09 Z Z N c 33FO� � z ^� - X ice I _ a'T o o a �v z = U 1% N LL)z z .11•'ao N O X W O o CL A C _y E .c y F V E E Y y 5 EO Y 3 x v z Y U 0 0 L at Q3 O Y YL:j LLJ u z�°� -3z z za2tCL/L),cL. 16,6- 46 31 m EXHIBIT 3 /49'e- 7 t At i :tiro: o- a PrimeCo Personal Communications, L.P. North Text ; Site Dei•elopment Sir Campus Circle WestlakeA'X 76262 817 2-58-1903: Fax: 817%258-1012 Dou,��{us .-1lhu.c. Dire clot• June 14. 1996 The Honorable Rick Stacy and Citv Council Members City of Southlake 1725 East Southlake Boulevard Southlake. Texas 76092 Dear Mayor Stacy and Council Members: PrimeCo would like to express its sincere apology for the recent error in constructing a wireless communications site in the City without first obtaining the required site plan review. I can assure you (400, that this behavior is inconsistent with PrimeCo's goal to be a good corporate neighbor and partner in the community. Our track record in the metroplex will support this. A The site is located in the Brazos Electric substation at T.W. King Road and Highway 114. Installed are antennas on the existing communications tower. and an equipment shelter at the base of the tower. The shelter was painted to blend with the existing Brazos equipment. A fence was erected around the shelter to ensure that our technicians remained in our leased space, eliminating the risk of disturbing the Brazos equipment. Our error was caused by lack of communication with our subcontractors. the type of shelter used, and the location of the shelter. Originally, we planned to locate the non -antenna equipment inside the existing Brazos building at the site. Our understanding from Building Inspection was that as long as the existing footprint of the site was not modified, this would be a permitted use. This would also be the case if we used an underground vault to house the electronic equipment. Prior to the construction of the site it was determined that our equipment should be separate from Brazos' for security purposes. This change was not communicated through the proper channels. and the site was constructed without a follow-up conversation with Building Inspection or Planning. When we applied for an electrical permit the error was discovered. and we were informed that a site plan ,vould need to be reviewed by City Council. '/4!!2d-/5R The Honorable Rick Stacy June 14, 1991 Page 2 We are currently having the plans prepared for submittal. Both the Planning and Building Inspection departments have been helpful and informative during this process as well as on our other existing and proposed sites in the City (see attached letter). We apologize for not seeking counsel from them sooner on the Brazos site. In working with the City the past few weeks, we have learned of the Planning departments' interest in researching communication tower ordinances. We have provided information from other City ordinances that will hopefully simplify this process in Southlake. PrimeCo is utilizing the services of Masterplan, one of the premier planning and zoning consultants in the Metroplex. If interested, we would be happy to arrange for Masterplan to consult to the City. They have years of expertise in the wireless communications field, writing city ordinances throughout the Metroplex, and working with city staffs. We look forward to making a presentation to Council on June 18'. In the meantime, if you have any questions or need additional information, please call me at 817-258-1903. (600� Sincerel , D glas has 14 A5!6 l2V low City of Southlake, Texas MEMORANDUM June 14, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Testing of the Slurry Grouting for the Investigation of Pavement Distress BACKGROUND: Council had a work session on June 11, 1996 regarding the report on the Investigation of Pavement Distress conducted by Wiss, Janney, Elstner Associates, Inc. The "investigation" concluded that the primary reason for the distressed pavement was the movement of the "fines" in the soil to the "stone bedding" around the sanitary sewer. The consultants recommended one or more of four changes be made for the construction of the future streets. Staff has implemented two of the changes in the past year. The consultants also recommended three remediation procedures for the existing distressed streets. 1. slurry grouting the stone bedding material 2. "slab jacking" the concrete pavement where possible, and 3. removal and replacement of the concrete pavement. Staff is asking City Council to authorize a 150-foot test section to be slurry grouted around the sanitary sewer. After the grout is in place, the area surrounding the sewer will be excavated and physically inspected to see the effectiveness of the slurry grout in sealing the voids in the rock bedding. The testing will proceed in July with a report to the City Council in August. RECODVVIENDATION: City Council authorize the City Manager to enter into a contract with Wiss, Janney, Elstner Associates, Inc. to conduct a test of the slurry grouting of the rock bedding around a sanitary sewer. Please place this request on the June 18, 1996, Regular City Council Agenda. Attachment: Executive Summary from the Investigation of Pavement Distress for Timarron, Phase I C:\WPWIN60\WPDOCS\STREETS\PUBLIC\PAV-DIS.2ME 10C-1 Wiss, Janney, Elstner Associates, Inc. EXECUTIVE SUMMARY Early in the life of the pavements at the Tire arron Phase I, Section Two subdivision (Bent Creek), distress in the forms of excessive settlement, cracking, and faulting began to occur and became progressively worse. Some pavement areas were removed and replaced. Widespread pavement failures continued in non - repaired areas, and limited distress occurred in some of the repaired areas. Because of the widespread pavement failures, the City of Southlake retained Wiss, Janney, Elstner Associates, Inc (WJE) to perform an engineering investigation to document the extent of the distress, determine the cause or causes, and to develop remedial recommendations for Bent Creek as well as general recommendations for future subdivision street construction. WJE's scope of work included the following - Review of Southlake's plans and specifications and construction records. The City's design details and appropriate sections of the standard specifications were reviewed, including the items pertaining to subgrade material requirements; utility and pavement details, including pavement thickness, reinforcement, joint details, and concrete strength; and testing and inspection requirements. Available construction records were also reviewed. Pavement condition survey. A detailed visual survey of the pavement in the Tunarron Phase I subdivision was performed. The survey included notation of crack locations on street plans, and notation of locations exhibiting faulting, heave or settlement. Available construction records were also reviewed. Ground penetrating radar pavement survey. Pulse Radar, Inc, a firm specializing in ground penetrating radar (GPR), was retained by WJE to perform a non-destructive subsurface survey of the approximate 1.5 miles of pavement in the Tunarron Phase I, Section Two subdivision. This survey technique identified locations where voids exist below the pavement surface to depths of 4 ft. Investigation of base course and subsurface materials. Alpha Testing, Inc performed a field investigation and laboratory testing of the base course and underlying subsurface materials. Alpha's field investigation portion of the work included performing a series of test pits in the existing streets and obtaining subsurface samples from best borings. Prior to beginning this work, local residents were notified of the upcoming activities by flyers which were distributed to all residences in the subdivision. 1OC-2 • y • Wiss, Janney, Elstner Associates, Inc. CONCLUSIONS The pavement and utility construction is generally in conformance with the plans and specifications, and with NCTCOG standards. Compaction of the utility trench backfill is generally in accordance with specifications and lack of compaction is not judged to be a significant contributor to the pavement distress. The areas of distress do not coincide with and are not limited to locations where there is storm sewer under the pavement. The investigation revealed the primary cause of the pavement distress was loss of pavement support due to settlement of sewer line trench backfill materials. This settlement occurs due to an incompatibility between the native soil trench backfill materials and the crushed stone pipe bedding material. The size ratio of these two materials is such that the sandy clay and clayey sand materials infiltrate into and through the crushed stone bedding material. This progressive erosion results in downward movement of the trench backfill material, thus allowing portions of the pavement to become unsupported, resulting in cracking and vertical displacement of the pavement. The streets in Timarron Phase I, Section Two have been subjected to an abnormal amount of heavy construction traffic compared to many new subdivisions. In addition to the "normal" construction traffic for residential slab, house, pool, and landscape construction, these streets experienced significant additional traffic for construction in adjacent sections of the development including the completion of Bent Trail Circle, and the areas to the east and south of Phase I, Section Two. RECOMMENDATIONS Fxisting streets - Extensive remediation will be required to correct the pavement distress at Bent Creek and will include: 1. Removal and replacement of the utility backfill material above the pipe bedding and/or the use of slurry grouting to fill the voids in the pipe bedding material thus cutting off the path for water to carry the fine grained trench backfill material. 2. Slab -jacking to re-establish subgrade support and to restore pavement crown in less distressed locations, and removal and replacement of severely distressed pavement sections. 1OC-3 Wiss, Janney, Elstner Associates, Inc. Future Constmrfion - Future subdivision street construction in many areas of Southlake will be subject to the same phenomena as occurred at Bent Creek, unless one or more of the following changes are made: 1. Use off -site trench backfill and/or a different pipe bedding material such that the two materials are compatible. 2. Use a filter fabric material placed at the surface of the pipe bedding material. 3. Use flowable fill as the pipe bedding material. 4. Move the sewer lines to a position behind the curb line. This is a condensed version of a larger report. Interested parties may contact Mr. Robert L. Whitehead, P.E., Southlake's Director of Public Works to arrange a time to review the full report and appendices. Phone: 817- 481-5581, extension 740. JOC-4 City of Southlake, Texas June 13, 1996 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Discussion of Animal Control Ordinance No. 530-A, Repealing Ordinance No. 530 This item is being placed on the Agenda for discussion. We are combining existing procedures with other additional procedures into a new ordnance 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 ordnance. 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. BC/bls ORDINANCE NO. (awl 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 COUNCII., CITY OF SOUTHI.AKE, TEXAS: Article I. Definitions. (W 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. ANIMAL 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. XYn'iiii% 'MW •.• ii.%h.. •5�� iv i>>rxiir:iilr.:ii . _ . S.J.-. .•»>»:lwi.Y. 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. h @ORE.,��yyyh's.l. g ,•. , .'S..3.c, Ce E\files\slake\ordinance\animal-2 (06-10-96) 1�-(A_3 Page 2 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. (am" 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 means 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. 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. f:\files\slake\ordinance\anima(-2 (06-10-96) I I -- 6-q Page 3 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. 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. WILD ANIMAL means all species of animals which exist 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. f:\files\slake\ordinance\animal-2 (06-10-96) (W II-R-5 Page 4 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. (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. ce do s: 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, F.\files\slake\ordinance\animal-2 (06-10-96) 11-(- -6, Page 5 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. (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 dangerous 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. (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-2 (06-10-96) J' __ j 0,--? Page 6 (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. L•\files\slake\ordinance\animal-2 (06-10-96) Page 7 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:\fdes\slake\ordinance\anima!-2 (06-10-96) 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-2 (06-10-96) <t-6-(o Page 9 M (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 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-2 (06-10-96) )1-/1-11 Page 10 A A AM. : }}y .+:•::kasa:aa::::ar':>:fv vtia:.::.;o;a,::•,�ti:J.]G4xC;aQ�•}F•Yr}ri,,::,,•.,aa:4}:w:2•}}w:::::-:;:_}:v�.vc:••.i•.,.t:::; �!7Fl�;E��Llfltr::�77ff1 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; E\files\slake\ordinance\animal-2 (06-10-96) Page 15 (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 vieieas i, 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 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 DL 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. L•\files\slake\ordinance\animal-2 (06-10-96, 11 -/q-Q Page 16 Article X. Fee schedule. C, 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 C'I 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. :- 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. L\files\slake\ordinance\animal-2 (06-10-96) Page 17 Article X11. Review. (W 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 XIV. Effective date. (awl 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 DAY OF 1996. MAYOR ATTEST: CITY SECRETARY f:\files\slake\ordinance\animal-2 (06-10-96) Page 18 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF (we .1996. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED:_ EFFECTIVE: L\flies\slake\ordinance\animal-2 (06-10-96) (60, H -A -*10 Page 19 ORDINANCE NO. AN ORDINANCE OF THE CITY COIINCIL OF THE CITY OF SOUTHLARE, 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 SOUTHLAKE, 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 a - 2.01. When used in this Ordinance and accompanying operating procedures, the following words and terms shall have the following slake\animal.ord -1- t (11 � I�� 31 meanings ascribed and shall be so interpreted unless the context indicates a different meaning: slake\animal.ord 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 primarily used for the purpose of protecting persons or property by attacking or -threatening to attack any person found within the area -2- patrolled by the dog, and that is either securely /i enclosed within that area at all times or under `k continuous control of a trained handler. 11. Harboring 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 slake\animal.ord 3 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 orAcat cannot come into contact with- another animal except for planned breeding. slake\animal.ord -4- 1 1 _ /1 _4 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 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. 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, slake%animal.ord -5- 11 _ ( - a 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 L_ 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 the removal and lawful disposition- of any excrement deposited by his animal(s) bn public or private property including his own when such waste slake\animal.ord -6- it - A - Z 6 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. Thp4e animals that fit the definitiorr of estray are subject to impoundment in accordance of the policies and procedures related to this Ordinance. slake\animal.ord -7- 11 _ A - 2 0 4.03 GUARD DOGS. 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.,C nicotine; or f. strychnine. slake\animet.ord -8- ` I 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 administering the vaccine. Such certificate shall contain the following minimum information: slake\animal.ord-9-11 _ 11 _ "), p a. The owner's name, address, and telephone number. (40W 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 (4m., 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 Control Officer. 6.04. USE ANDAALE OF RABIES VACCINE slake\animat.or•d 10 I - - 3 0 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 QW, which is on file in the office of the City Secretary, and as amended from time to time. �,,�MTICX,E VII. IMPOUNDMENT 7.01 Animals may be impounded by the Animal Contrail 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. L stake\animat.ord -11- 11 _ /1 — 3/ 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 B. 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 polliice officer, health officer, or duly authorized person acting on the behalf of the City of Southlake in the performance of his duties stake\animal_ord -12 1 ) - A - 3;Z\ X 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 SI. 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 BII. 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 %III. 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 -13- n_ 6-33 PASSED AND APPROVED ON FIRST READING ON THIS T DAY OF 1991- Wumot#% L A MAY ATT ST. CtTY SECRETARY ��I//11IIItIttMttt� PASSED AND APPROVED ON SECOND READING ON THIS DAY OF •J" OR s =• y = ATT ST : CITY SECRETARY iUW APPROVED AS TO FORM AND LEGALITY: City Attorney Date: �'-' cul— ADOPTED: 4 �� EFFECTIVE: slakeWimat.ord