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1996-01-16 CC Packet City of South lake,Texas MEMORANDUM January 11, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of Bid for Sewer and Street Improvements for Vista Trails Addition and Sewer Improvements for Cimarron Acres Addition. General Information • Vista Trails Addition sewer project was the first of the Neighborhood Program to be bid. The • project was advertised on October 22, 1995 and October, 29 ,1995 and bids were publicly opened and read aloud on November 9, 1995 at 10:00 a.m. City Council at their regular meeting of December 5, 1995 rejected all the bids because they were over the engineer's estimate. Council authorized staff to add the sewer project in Cimarron. Acres in the rebid. Cheatham and Associates did revise a portion of the plans to attempt to reduce the cost of the project. Advertisements for Vista Trails and Cimarron Acres project were published on December 10, 1995 and December 17, 1995. Bids were publicly opened and read aloud on January 9, 1996 at 10:00 a.m. Special Considerations H&W Utility Contractors has performed work for the City of Southlake in a satisfactory manner. Funding The low bid for the Vista Trails sewer and street projects is $592,995.41 ($279,916.71 - sewer; $313,078.70 - streets) verses the $659,204.00 on the previous bid. This is possibly due to changes in plans and specifications made by Cheatham and Associates, plus an increase in the number of bidders from five to nine. On the initial bid, Cimarron Acres was not included, because the majority of the neighborhood did not support the project due to cost concerns. Further discussions with the neighborhood answered those concerns and their support for the project caused it to be added to this bid. It is SCurtis E. Hawk, City Manager Award of Bid for Sewer and Street Improvements Vista Trails Addition and Cimarron Acres Addition January 11, 1996 Page 2. cost effective for the City to do these projects at the same time. Cimarron Acres Addition sewer bid is $40,213.40, making the total bid from H&W Utilities $633,208.81. Funding for the sewer lines will be from the$1.3 million neighborhood sewer program bonds sold in Fall 1994. The original budget for these two programs was $295,500. The actual sewer line bid is $320,120.11. Funding for the Vista Trails street improvements was budgeted at $440,000 in the Capital Projects-Infrastructure Reserve Fund. : The actual bid is $313,078.70. The City plans to issue certificate of obligations in the first quarter of 1996 for projects budgeted in this Infrastructure Reserve Fund. Any expenditures made prior to receipt of obligation proceeds will be reimbursed by the proceeds when received. Bid Tabulations illSee attached bid tabulation prepared by Cheatham and Associates. . Staff Recommendation Staff recommends that Council award the bid for Sewer and.Street-Improvements for Vista Trails Addition and Sewer Improvements for Cimarron Acres Addition to H&W Utilities in the amount of$633,208.81. Please place this on the January .16, 1996 agenda for Council consideration. BW Attachment: Bid Tabs c:wpdocsl wthead.memlagenda I vistatr2.wpd . S CHEATHAM . AND III ASSOCIATES • January 10, 1996 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake , 667 N. Carroll Ave. Southlake, TX 76092 Re: City of Southlake Proposed Sewerage Improvements for Cimarron Acres &Vista Trails Additions Including Proposed Street Improvements Project No. 001-424 Dear Mr. Whitehead: Bids for the referenced project were received on January 9, 1996 in the City's Council Chambers. Accordingly, we transmit herewith for your study and consideration,the detailed tabulation of the bids, copy of which is attached hereto. Adequate bidder competition was achieved when a total of nine (9) construction firms submitted bids. A condensed summary of the detailed tabulation has been prepared and is presented herewith as follows: 0 As evidenced above,the bids ranged from$633,208.81 to high bid amount of$735,046.00. The total low bid amount of$633,208.81, as submitted by H& W Utility Contractors from Lake Dallas, Texas, is within the engineer's estimated construction costs of$685,000.00 You will note in the Contractor's Communication(attached), which we have verified,that the City's contractor experience requirements as stated in the contract documents, have been met by the contractor and also by the subcontractor. . Accordingly, we recommend that the construction contract for the referenced project be awarded to the firm of HZW Enterprises, Inc. DBA H&W Utility Contractors, 305 Main Street, Lake Dallas, TX 75065, in the stated Total Bid Amount of$633,208.81. We have found the H & W Utility Contractor firm to be both reputable and fully qualified to construct the project. The firm has successfully completed a 12" water line project for the City in 1994. This recommendation is made subject to procurement of necessary utility and temporary construction easements within Unit I (Cimarron Acres Addition). We stand ready at any time to answer any remaining questions concerning the bids. We enclose a copy of the bid tabulation for your use. If we can be of further service in this matter or answer any questions, please advise. Respectfully, Eddie Cheatham, P.E. ,j6-3 f:\word\southlak\424\cimarron\award.bid • ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011 817/548-0696 • Metro 265-8836 • Fax 817/265-8532 • 0 • Order Bidder& Location Cimarron Vista Trails Addition Total Amount Bid of Bids Sewerage Sewerage Paving Unit I Unit II Unit III 1. H & W Utility Contractors $40,213.40 $279,916.71 $313,078.70 $633,208.81 Lake Dallas, TX 2. Tri-Tech Construction, Inc. $45,073.40 $330,093.10 $288,826.06 $663,992.56 Fort Worth, TX 3. Wright Construction Co., Inc. $49,259.00 $309,175.00 $308,524.65 $666,958.65 Grapevine, TX 4. J.C. Evans Construction Co. $42,672.00 $344,299.00 $280,085.90 $667,056.90 Austin, TX 5. Rhode Construction Company $43,584.70 $318,886.30 $320,931.10 $683,402.10 Kaufman, TX 6. J.L. Bertram Construction $47,512.84 $847,474.06 $301,337.46 $696,324.35 Arlington, TX 7. Architectural Utilities $47,994.00 $318,886.30 $338,668.10 $718,196.45 Fort Worth, TX 8. North Texas Contracting $49,328.00 $381,856.00 $298,307.70 $729,491.70 Dallas, TX 9. Garr Construction, Inc. $52,761.10 $334,298.25 $347,986.65 $735,046.00 Grapevine, TX • 11110 - STREET & SEWER IMPROVEMENTS -JOB NO. 001-424 CHEATHAM &ASSOCIATES BID TABULATION SHEET 1 OF 9 OWNER: CITY OF SOUTHLAKE BID DATE: JAN.9,1995 H&W UTILITY CONT. TRI-TECH CONST.,INC. WRIGHT CONST. J.C.EVANS CONST. 305 MAIN ST. 1133 E.LOOP 820 S. 601 W.WALL ST. 3900 VALLEY VIEW LN. JOB TITLE: PROPOSED SEWERAGE IMPROVEMENTS FOR LAKE DALLAS,TX 7506 FT.WORTH,TX 76112 GRAPEVINE,TX 76051 IRVING,TX 75062 CIMARRON ACRES&VISTA TRAILS ADDITIONS, PHONE: 817/321-5158 PHONE: 817/496-5361 PHONE: 817/481-2594 PHONE: 214/257-0639 INCLUDING PROPOSED STREET IMPROVEMENTS FAX: 817/321-5160 FAX: 817/446-3044 FAX: 817/481-2597 FAX: 214/255-3224 JOB NO: 001-424 AMT.BID $633,208.81 AMT.BID $663,992.56 AMT.BID $666,958.65 AMT.BID $667,056.90 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE CIMARRON ACRES ADDITION-SEWER 1 8"SDR 35 SS PIPE,0'-6'DEPTH(A) L.F. 530- .. 17.12 $9,073.60 24.00 $12,720.00 27.00 $14,310.00 27.00 $14,310.00 2 8"SDR 35 SS PIPE,6'-8'DEPTH(A) L.F. 134- 18.50 $2,479.00 27.00 $3,618.00 28.00 $3,752.00 32.00 $4,288.00 3 8"SDR 35 SS PIPE,8'-10'DEPTH(A) L.F. 70 19.60 $1,372.00 30.00 $2,100.00 30.00 $2,100.00 37.00 $2,590.00 4 8"SDR 35 SS PIPE, 10'-12'DEPTH(A) L.F. 170 21.50 $3,655.00 33.00 $5,610.00 31.00 $5,270.00 42.00 $7,140.00 5 8"SDR 35 SS PIPE, 10'-12'DEPTH(B) L.F. 40 23.42 $936.80 42.00 $1,680.00 - 34.00 $1,360.00 47.00 $1,880.00 6 4'SEWER MANHOLES,0'-6'DEPTH EA. 3 1200.00 $3,600.00 1000.00 $3,000.00 1400.00 $4,200.00 1240.00 $3,720.00 7 CONST. EXTRA DEPTH 4'DIA MH V.F. 1 100.00 $100.00 45.00 $45.00 115.00' $115.00 120.00 $120.00 8 CONST.8"CORED CONNECTION(LINE 1A) EA. 1 750.00 $750.00 1000.00 $1,000.00 1100.00 $1,100.00 500.00 $500.00 9 CONST.8"CORED CONNECTION(LINE 1B) - EA. f 750.00 $750.00 . 1000.00 $1,000.00 1100.00 $1,100.00 500.00 $500.00 10 CONST.4"SS SERVICE INST. EA. 7 110.00 $770.00 330.00 $2,310.00 200.00 $1,400.00 _ 60.00 $420.00 11 4"PVC SDR 35 SS PIPE L.F. 196 39.00 $7,644.00 36.00 $7,056.00 38.00 $7,448.00 20.00 $3,920.00 12 CONC. ENCSMNT FOR 8"SEWER LINES L.F. 40 20.00 $800.00 32.00 $1,280.00 25.00 $1,000.00 10.00 $400.00 I 13 6"THICK CONC. DRIVEWAY CROSS.. L.F. 48 57.00 $2,736.00 40.00 $1,920.00 42.00' $2,016.00 20.00 $960.00 v 14 CONST.ASPHALTIC ROADWAY PVMNT L.F. 32 45.00 $1,440.00 45.00- $1,440.00 42.00 $1,344.00- 15.00 $480.00 I 15 TRENCH SAFETY L.F. 944- 3.00 $2,832.00 0.10 $94.40 1.00 $944.00 1.00 $944.00 16 EROSION CONTROL SYSTEM L.S. 1' 1275.00 $1,275.00 200.00 $200.00 1800.00 $1,800.00 500.00 $500.00 SUBTOTAL- CIMARRON ACRES ITEM NOS.1-16 $40,213.40 $45,073.40 $49,259.00 $42,672.00 CIMVISTA • ! • • STREET & SEWER IMPROVEMENTS - JOB NO. 001-424 CHEATHAM &ASSOCIATES BID TABULATION SHEET 2 OF 9 OWNER: CITY OF SOUTHLAKE BID DATE: JAN.9, 1995 H&W UTILITY CONT. TRI-TECH CONST.,INC. WRIGHT CONST. J.C.EVANS CONST. 305 MAIN ST. 1133 E.LOOP 820 S. 601 W.WALL ST. 3900 VALLEY VIEW LN. JOB TITLE: PROPOSED SEWERAGE IMPROVEMENTS FOR LAKE DALLAS,TX 7506 FT.WORTH,TX 76112 GRAPEVINE,TX 76051 IRVING,TX 75062 CIMARRON ACRES&VISTA TRAILS ADDITIONS, PHONE: 817/371-5158 PHONE: 817/496-5361 PHONE: 817/481-2594 PHONE: 214/257-0639 INCLUDING PROPOSED STREET IMPROVEMENTS FAX: 817/321-5160 FAX: 817/446-3044 FAX: 817/481-2597 FAX: 214/255-3224 JOB NO: 001-424 AMT.BID $633,208.81 AMT.BID $663,992.56 AMT.BID $666,958.65 AMT.BID $667,056.90 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE VISTA TRAILS ADDITION-SEWER 1 8"SDR 35 SS PIPE,0'-6'DEPTH(A) L.F. 598 17.12 $10,237.76 24.00 $14,352.00 27.00 $16,146.00 27.00 $16,146.00 2 8"SDR 35 SS PIPE,6'-8'DEPTH(A) L.F. 443 18.50 $8,195.50 27.00 $11,961.00 28.00 $12,404.00 32.00 $14,176.00 3 8"SDR 35 SS PIPE,0'-6'DEPTH(B) L.F. 442 22.00 $9,724.00 30.00 $13,260.00 29.00 $12,818.00 30.00 $13,260.00 4 8"SDR 35 SS PIPE,6'-8'DEPTH(B) L.F. 368 22.60 $8,316.80 33.00 $12,144.00 31.00 $11,408.00 35.00 $12,880.00 5 8"SDR 35 SS PIPE, 8'-10'DEPTH(B) L.F. 465 23.00 $10,695.00 35.00 $16,275.00 • 32.00 $14,880.00 40.00 $18,600.00 6 8"SDR 35 SS PIPE, 10'-12'DEPTH(B) L.F. 838 23.42 $19,625.96 42.00 $35,196.00 34.00 $28,492.00 45.00 $37,710.00 7 8"SDR 35 SS PIPE, 12'-14'DEPTH(B) L.F. 191 25.42 $4,855.22 52.00 $9,932.00 37.00 $7,067.00 50.00 $9,550.00 8 8"SDR 35 SS PIPE, 14'-16'DEPTH(B) L.F. 135 28.42 $3;836.70 61.00 $8,235.00 40.00' $5,400.00 55.00 $7,425.00 9 6"SDR 35 SS PIPE,0'-6'DEPTH(A) - L.F. 235 16.35 $3,842.25 23.00 $5,405.00 26.00 $6,110.00 26.00 $6,110.00 10 6"SDR 35 SS PIPE,6'-8'DEPTH(A) L.F. 110 17.75 $1,952.50 26.00 $2,860.00 28.00 $3,080.00 31.00 $3,410.00 ( � 11 6"SDR 35 SS PIPE,0'-6'DEPTH(B) L.F. 733 21.23 $15,561.59 29.00 $21,257.00 28.00 $20,524.00 29.00 $21,257.00 "\ 12 6"SDR 35 SS PIPE,6'-8'DEPTH(B) L.F. 422 21.83 $9,212.26 32.00 $13,504.00 30.00 $12,660.00 34.00 $14,348.00 13 6"SDR 35 SS PIPE,8'-10'DEPTH(B) L.F. 459 22.23 $10,203.57 34.00 $15,606.00 31.00 $14,229.00 39.00 $17,901.00 14 6"SDR 35 SS PIPE, 10'-12'DEPTH(B) L.F. 482 22.65 $10,917.30 41.00 $19,762.00 34.00 $16,388.00 44.00 $21,208.00 15 6"SDR 35 SS PIPE, 12'-14'DEPTH(B) L.F. 70 24.65 $1,725.50 51.00 $3,570.00 35.00 $2,450.00 49.00 $3,430.00 16 6"SDR 35 SS PIPE, 14'-16'DEPTH(B) L.F. 40 27.65 $1,106.00 60.00 $2,400.00 38.00 $1,520.00 54.00 $2,160.00 17 CONST.8"CORED CONNECTION EA. 1 750.00 $750.00 1000.00 $1,000.00 1000.00 $1,000.00 500.00 $500.00 18 4'SEWER MANHOLES,0'-6'DEPTH EA. 21 1200.00 $25,200.00 1100.00 $23,100.00 1400.00 $29,400.00 1240.00 $26,040.00 19 CONST. EXTRA DEPTH 4'DIA MH V.F. 60 100.00 $6,000.00 45.00 $2,700.00 115.00 $6,900.00 120.00 $7,200.00 20 CONST.4"SS SERVICE INST. EA. 70 110.00' $7,700.00 430.00 $30,100.00 200.00 $14,000.00 60.00 $4,200.00 21 CONST.6"SS SERVICE INST. EA. 1 175.00 $175.00 500.00 $500.00 250.00 $250.00 300.00 $300.00 22 4"PVC SDR 35 SS PIPE L.F. 1840 27.42 $50,452.80 19.00 $34,960.00 18.00 $33,120.00 25.00 $46,000.00 23 CONST.SEWAGE METERING L.S. 1 31988.00 $31,988.00 25000.00 $25,000.00 27000.00 $27,000.00 20000.00 $20,000.00 24 CONC. ENCSMNT FOR 8"SEWER LINES L.F. 20 20.00 $400.00 32.00 $640.00 25.00 $500.00 10.00 $200.00 ,25 CONST.ASPHALTIC ROADWAY PVMNT L.F. 52 45.00 $2,340.00 45.00 $2,340.00 42.00 $2,184.00 11.00 $572.00 26 6"THICK CONC. DRIVEWAY CROSS.. S.F. 216 10.00 $2,160.00 11.00 $2,376.00 5.00 $1,080.00 3.75 $810.00 27 CONST.GRAVEL DRVWY L.F. 12 25.00 $300.00 5.00 $60.00 7.00 $84.00 9.00 $108.00 28 TRENCH SAFETY L.F. 5981 3.00 $17,943.00 0.10 $598.10 1.00 $5,981.00 3.00 $17,943.00 29 EROSION CONTROL SYSTEM L.S. 1 4500.00 $4,500.00 1000.00 $1,000.00 2100.00 $2,100.00 855.00 $855.00 • SUBTOTAL- VISTA TRAILS (SEWER) ITEM NOS.1-29 $279,916.71 $330,093.10 $309,175.00 $344,299.00 -. .._.-._ _ ,__.. _ CIMVISTA 0 • • STREET & SEWER IMPROVEMENTS -JOB NO. 001-424 CHEATHAM &ASSOCIATES BID TABULATION SHEET 3 OF 9 OWNER: CITY OF SOUTHLAKE BID DATE: JAN.9, 1995 H&W UTILITY CONT. TRI-TECH CONST.,INC. WRIGHT CONST. J.C.EVANS CONST. 305 MAIN ST. 1133 E.LOOP 820 S. 601 W.WALL ST. 3900 VALLEY VIEW LN. JOB TITLE: PROPOSED SEWERAGE IMPROVEMENTS FOR LAKE DALLAS,TX 7506 FT.WORTH,TX 76112 GRAPEVINE,TX 76051 IRVING,TX 75062 CIMARRON ACRES&VISTA TRAILS ADDITIONS, PHONE: 817/321-5158 PHONE: 817/496-5361 PHONE: 817/481-2594 PHONE: 214/257-0639 INCLUDING PROPOSED STREET IMPROVEMENTS FAX: 817/321-5160 FAX: 817/446-3044 FAX: 817/481-2597 FAX: 214/255-3224 JOB NO: 001-424 AMT.BID $633,208.81 AMT.BID $663,992.56 AMT.BID $666,958.65 AMT.BID $667,056.90 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE VISTA TRAILS ADDITION-STREET 1 CENTERLINE LINEAR FT.OF ROADWAY L.F. 4691 5.00 $23,455.00 0.11 $516.01 1.65 $7,740.15 3.00 $14,073.00 2 ADJUST TO FINISH GRADE L.S. 1 1000.00 $1,000.00 2200.00 $2,200.00 1000.00 $1,000.00 600.00 $600.00 3 CONST.8"COMP.CEMENT SUBGRADE S.Y. 15350 1.80 $27,630.00 1.47 $22,564.50 1.75 $26,862.50 1.60 $24,560.00 4 CEMENT FOR STABILIZATION TONS 323 92.00 $29,716.00 90.00 $29,070.00 100.00 $32,300.00 90.00 $29,070.00_ 5 PRIME COAT S.Y. 15350 0.20 $3,070.00 0.30 $4,605.00 0.20 $3,070.00 0.15 $2,302.50 6 TACK COAT S.Y. 15280 0.14 $2,139.20 0.16 $2,444.80 0.15 $2,292.00 0.13 $1,986.40 7 6"THICK HMAC S.Y. 15280 9.75 $148,980.00 11.25 $171,900.00 10.00 $152,800.00 9.30 $142,104.00 8 REMOVE&REPL 6"CURB&18"GUTTER L.F. 460 24.00 $11,040.00 13.00 $5,980.00 25.00 $11,500.00 23.00 $10,580.00 9 CONST.SAW CUT L.F. 110 4.00 $440.00 3.35 $368.50 3.00 $330.00 3.00 $330.00 10 REMOVE&REPL CONC. DRIVEWAY S.F. 260 6.50 $1,690.00 5.90 $1,534.00 6.00 $1,560.00 6.00 $1,560.00 11 REMOVE EXIST.CEMENT BASE S.Y. 700 7.00 $4,900.00 4.40 $3,080.00 8.00 $5,600.00 7.00 $4,900.00 12 ROADWAY EXCAVATION C.Y. 2815 8.42 $23,702.30 6.55 $18,438.25 9.00 $25,335.00 8.00 $22,520.00 Q1 13 CONST.STAND.CONCRETE GUTTER L.S. 1 2000.00 $2,000.00 1175.00 $1,175.00 1900.00 $1,900.00 1700.00 $1,700.00 14 CONST.8'WIDE REINF.CONC.VALLEY L.S. 1 2000.00 $2,000.00 1800.00 $1,800.00 1900.00 $1,900.00 1700.00 $1,700.00 �� 15 RECONST. 1"WATER SERVICES EA. 38 240.00 $9,120.00 310.00 $11,780.00 565.00 $21,470.00 100.00 $3,800.00 .� 16 FURNISH&INST. 1"PIPING L.F. 1610 12.42 $19,996.20 7.00 $11,270.00 6.50 $10,466.00 10.00 $16,100.00 17 EROSION CONTROL L.S. 1 2200.00 $2,200.00 100.00 $100.00 2400.00 $2,400.00 2200.00 $2,200.00 SUBTOTAL-VISTA TRAILS (STREET) ITEM NOS.1-17 $313,078.70 $288,826.06 $308,524.65 $280,085.90 • TOTAL BID AMOUNT $633,208.81 $663,992.56 $666,958.65 $667,056.90 CIMVISTA II• 0 . STREET.& SEWER IMPROVEMENTS -JOB NO. 001-424 CHEATHAM & ASSOCIATES BID TABULATION SHEET 4 OF 9 OWNER: CITY OF SOUTHLAKE BID DATE: JAN.9, 1995 RHODE CONST. J.L.BERTRAM CONST. ARCHITECT.UTILITIES N.TEXAS CONTRACTING P.O.BOX 53370 1007 HARRISON AVE. P.O.BOX 11586 P.O.BOX 29752 JOB TITLE: PROPOSED SEWERAGE IMPROVEMENTS FOR LUBBOCK,TX 79453 ARLINGTON,TX 76011 FT.WORTH,TX 76110 DALLAS,TX 75229 CIMARRON ACRES&VISTA TRAILS ADDITIONS, PHONE: 214/962-5755 PHONE: 817/261-2991 PHONE: 817/926-4377 PHONE: 214/350-4509 INCLUDING PROPOSED STREET IMPROVEMENTS FAX: FAX: FAX: 817/926-4387 FAX: JOB NO: 001-424 AMT.BID $683,402.10 AMT.BID $696,324.36 AMT.BID $718,196.45 AMT.BID $729,491.70 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE CIMARRON ACRES ADDITION-SEWER 1 8"SDR 35 SS PIPE,0'-6'DEPTH(A) L.F. 530 26.40 $13,992.00 25.25 $13,382.50 24.00 $12,720.00 25.00 $13,250.00 2 8"SDR 35 SS PIPE,6'-8'DEPTH(A) L.F. 134 28.20 $3,778.80 28.50 $3,819.00 27.00 $3,618.00 28.00 $3,752.00 3 8"SDR 35 SS PIPE,8'-10'DEPTH(A) L.F. 70 33.50 $2,345.00 31.60 $2,212.00 31.00 $2,170.00 30.00 $2,100.00 4 8"SDR 35 SS PIPE, 10'-12'DEPTH(A) L.F. 170 46.85 $7,964.50 34.75 $5,907.50 36.00 $6,120.00 32.00 $5,440.00 5 8"SDR 35 SS PIPE, 10'-12'DEPTH(B) L.F. 40 51.00 $2,040.00 44.20 $1,768.00 - 46.00 $1,840.00 35.00 $1,400.00 6 4'SEWER MANHOLES,0'-6'DEPTH EA. 3 1300.00 $3,900.00 1050.00 $3,150.00 1700.00 $5,100.00 2200.00 $6,600.00 7 CONST. EXTRA DEPTH 4'DIA MH V.F. 1 70.00 $70.00 50.00 $50.00 200.00 $200.00 100.00 $100.00 8 CONST.8"CORED CONNECTION(LINE IA) EA. 1 460.00 $460.00 1050.00 $1,050.00 750.00 $750.00 1000.00 $1,000.00 9 CONST.8"CORED CONNECTION(LINE 1B) EA. 1 460.00 $460.00 1050.00 $1,050.00 750.00 $750.00 1000.00 $1,000.00 10 CONST.4"SS SERVICE INST. EA. ' 7 72.00 $504.00 350.00 $2,450.00 320.00 $2,240.00 300.00 $2,100.00 11 4"PVC SDR 35 SS PIPE L.F. 196 16.50 $3,234.00 38.00 $7,448.00 30.00 $5,880.00 23.00 $4,508.00 12 CONC. ENCSMNT FOR 8"SEWER LINES L.F. 40 10.55 $422.00 34.00 $1,360.00 30.00 $1,200.00 30.00 $1,200.00 13 6"THICK CONC. DRIVEWAY CROSS.. L.F. 48 31.25 $1,500.00 42.00 $2,016.00 45.00 $2,160.00 55.00 $2,640.00 Uc 14 CONST.ASPHALTIC ROADWAY PVMNT L.F. 32 43.00 $1,376.00 48.00 $1,536.00 40.00 $1,280.00 50.00 $1,600.00 V 15 TRENCH SAFETY L.F. 944 1.10 $1,038.40 0.11 $103.84 1.50 $1,416.00 2.00 $1,888.00 16 EROSION CONTROL SYSTEM L.S. 1 500.00 $500.00 210.00 $210.00 500.00 $500.00 750.00 $750.00 ,›Q SUBTOTAL- CIMARRON ACRES ITEM NOS.1-16 "$43,584.70 $47,512.84 $47,944.00 $49,328.00 CIAMSTA . 1 . . STREET & SEWER IMPROVEMENTS -JOB NO. 001-424 CHEATHAM & ASSOCIATES BID TABULATION SHEET 5 OF 9 OWNER: CITY OF SOUTHLAKE BID DATE: JAN.9,1995 RHODE CONST. J.L.BERTRAM CONST. ARCHITECT.UTlLrl hS N.TEXAS CONTRACTING P.O.BOX 53370 1007 HARRISON AVE. P.O.BOX 11586 P.O.BOX 29752 JOB TITLE: PROPOSED SEWERAGE IMPROVEMENTS FOR LUBBOCK,TX 79453 ARLINGTON,TX 76011 FT.WORTH,TX 76110 DALLAS,TX 75229 CIMARRON ACRES&VISTA TRAILS ADDITIONS, PHONE: 214/962-5755 PHONE: 817/261-2991 PHONE: 817/926-4377 PHONE: 214/350-4509 INCLUDING PROPOSED STREET IMPROVEMENTS FAX: FAX: FAX: 817/926-4387 FAX: JOB NO: 001-424 AMT.BID $683,402.10 AMT.BID $696,324.36 AMT.BID $718,196.45 AMT.BID $729,491.70 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE VISTA TRAILS ADDITION-SEWER 1 8"SDR 35 SS PIPE,0'-6'DEPTH(A) L.F. 598 26.40 $15,787.20 25.25 $15,099.50 21.00 $12,558.00 25.00 $14,950.00 2 8"SDR 35 SS PIPE,6'-8'DEPTH(A) L.F. 443 28.20 $12,492.60 28.50 $12,625.50 24.00 $10,632.00 28.00 $12,404.00 3 8"SDR 35 SS PIPE,0'-6'DEPTH(B) L.F. 442 30.20 $13,348.40 31.60 $13,967.20 30.00 $13,260.00 26.00 $11,492.00 4 8"SDR 35 SS PIPE,6'-8'DEPTH(B) L.F. 368 32.35 $11,904.80 34.75 $12,788.00 32.00 $11,776.00 29.00 $10,672.00 5 8"SDR 35 SS PIPE, 8'-10'DEPTH(B) L.F. 465 37.20 $17,298.00 36.85 $17,135.25 37.00 $17,205.00 31.00 $14,415.00 6 8"SDR 35 SS PIPE, 10'-12'DEPTH(B) L.F. 838 51.00 $42,738.00 44.20 $37,039.60 42.00 $35,196.00 35.00 $29,330.00 7 8"SDR 35 SS PIPE, 12'-14'DEPTH(B) L.F. 191 62.55 $11,947.05 55.00 $10,505.00 46.00 $8,786.00 37.00 $7,067.00 8 8"SDR 35 SS PIPE, 14'-16'DEPTH(B) L.F. 135 70.25 $9,483.75 64.00 $8,640.00 52.00 $7,020.00 40.00 $5,400.00 9 6"SDR 35 SS PIPE,0'-6'DEPTH(A) L.F. 235 25.80 $6,063.00 24.20 $5,687.00 20.00 $4,700.00 32.00 $7,520.00 10 6"SDR 35 SS PIPE,6'-8'DEPTH(A) L.F. 110 27.75 $3,052.50 27.50 $3,025.00 22.00 $2,420.00 34.00 $3,740.00 11 6"SDR 35 SS PIPE,0'-6'DEPTH(B) L.F. 733 29.40 $21,550.20 30.50 $22,356.50 29.00 $21,257.00 36.00 $26,388.00 12 6"SDR 35 SS PIPE,6'-8'DEPTH(B) L.F. 422 31.75 $13,398.50 33.70 $14,221.40 31.00 $13,082.00 38.00 $16,036.00 '� 13 6"SDR 35 SS PIPE,8'-10'DEPTH(B) L.F. 459 36.60 $16,799.40 35.80 $16,432.20 35.00 $16,065.00 40.00 $18,360.00 0-- 14 6"SDR 35 SS PIPE, 10'-12'DEPTH(B) L.F. 482 49.40 $23,810.80 43.20 $20,822.40 40.00 $19,280.00 42.00 $20,244.00 15 6"SDR 35 SS PIPE, 12'-14'DEPTH(B) L.F. 70 62.00 $4,340.00 53.70 $3,759.00 43.00 $3,010.00 ' 43.00 $3,010.00 �1 16 6"SDR 35 SS PIPE, 14'-16'DEPTH(B) L.F. 40 69.70 $2,788.00 63.20 $2,528.00 50.00 $2,000_:00 45.00 $1,800.00 17 CONST.8"CORED CONNECTION EA. 1 460.00 $460.00 1050.00 $1,050.00 500.00 $500.00 1000.00 $1,000.00 18 4'SEWER MANHOLES, 0'-6'DEPTH EA. 21 1300.00 $27,300.00 1160.00 $24,360.00 1500.00 $31,500.00 2200.00 $46,200.00 19 CONST. EXTRA DEPTH 4'DIA MH V.F. 60 70.00 $4,200.00 48.00 $2,880.00 110.00 $6,600.00 100.00 $6,000.00 20 CONST.4"SS SERVICE INST. EA. 70 72.00 $5,040.00 450.00 $31,500.00 230.00 $16,100.00 300.00 $21,000.00 21 CONST.6"SS SERVICE INST. EA. 1 460.00 $460.00 526.00 $526.00 400.00 $400.00 400.00 $400.00 22 4"PVC SDR 35 SS PIPE L.F. 1840 10.00 $18,400.00 20.00 $36,800.00 21.50 $39,560.00 33.60 $61,824.00 23 CONST.SEWAGE METERING L.S. 1 24400.00 $24,400.00 26300.00 $26,300.00 25000.00 $25,000.00 25000.00 $25,000.00 24 CONC. ENCSMNT FOR 8"SEWER LINES L.F. 20 10.55 $211.00 34.00 $680.00 30.00 $600.00 30.00 $600.00 ,25 CONST.ASPHALTIC ROADWAY PVMNT L.F. 52 43.00 $2,236.00 47.50 $2,470.00 35.00 $1,820.00 50.00 $2,600.00 26 6"THICK CONC. DRIVEWAY CROSS.. S.F. 216 9.25 $1,998.00 11.60 $2,505.60 5.00 $1,080.00 7.00 $1,512.00 27 CONST.GRAVEL DRVWY L.F. 12 25.00 $300.00 5.25 $63.00 9.00 $108.00 15.00 $180.00 28 TRENCH SAFETY L.F. 5981 1.10 $6,579.10 0.11 $657.91 1.35 $8,074.35 2.00 $11,962.00 29 EROSION CONTROL SYSTEM L.S. . 1 500.00 $500.00 1050.00 $1,050.00 2000.00 $2,000.00 750.00 $750.00 SUBTOTAL- VISTA TRAILS (SEWER) ITEM NOS.1-29 $318,886.30 $347,474.06 $331,589.36 $381,856.00 CIMV1STA , t • . S • STREET& SEWER IMPROVEMENTS -JOB NO. 001-424 CHEATHAM & ASSOCIATES BID TABULATION SHEET 6 OF 9 OWNER: CITY OF SOUTHLAKE BID DATE: JAN.9, 1995 RHODE CONST. J.L.BERTRAM CONST. ARCHITECT.UTILITIES N.TEXAS CONTRACTING P.O.BOX 53370 1007 HARRISON AVE. P.O.BOX 11586 P.O.BOX 29752 JOB TITLE: PROPOSED SEWERAGE IMPROVEMENTS FOR LUBBOCK,TX 79453 ARLINGTON,TX 76011 FT.WORTH,TX 76110 DALLAS,TX 75229 CIMARRON ACRES&VISTA TRAILS ADDITIONS, PHONE: . 214/962-5755 PHONE: 817/261-2991 PHONE: 817/926-4377 PHONE: 214/350-4509 INCLUDING PROPOSED STREET IMPROVEMENTS FAX: FAX: FAX: 817/926-4387 FAX: JOB NO: 001-424 AMT.BID $683,402.10 AMT.BID $696,324.36 AMT.BID $718,196.45 AMT.BID $729,491.70 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE VISTA TRAILS ADDITION-STREET 1 CENTERLINE LINEAR FT.OF ROADWAY L.F. 4691 0.40 $1,876.40 0.11 $516.01 2.00 $9,382.00 1.70 $7,974.70 2 ADJUST TO FINISH GRADE L.S. 1 2420.00 $2,420.00 2100.00 $2,100.00 750.00 $750.00 660.00 $660.00 3 CONST.8"COMP.CEMENT SUBGRADE S.Y. 15350 1.62 $24,867.00 1.40 $21,490.00 2.00 $30,700.00 1.75 $26,862.50 4 CEMENT FOR STABILIZATION TONS ' 323 98.55 $31,831.65 85.25 $27,535.75 113.00 $36,499.00 99.00 $31,977.00 5 PRIME COAT S.Y. 15350 0.32 $4,912.00 0.27 $4,144.50 0.19 $2,916.50 0.17 $2,609.50 6 TACK COAT S.Y. 15280 0.18 $2,750.40 0.16 $2,444.80 0.17 $2,597.60 0.15 $2,292.00 7 6"THICK HMAC S.Y. 15280 12.66 $193,444.80 11.75 $179,540.00 11.60 $177,248.00 10.25 $156,620.00 8 REMOVE&REPL 6"CURB&18"GUTTER L.F. 460 14.10 $6,486.00 12.20 $5,612.00 25.00 $11,500.00 25.00 $11,500.00 9 CONST.SAW CUT L.F. 110 3.70 $407.00 3.16 $347.60 4.00 $440.00 3.00 $330.00 10 REMOVE&REPL CONC. DRIVEWAY S.F. 260 6.47 $1,682.20 5.57 $1,448.20 7.50 $1,950.00 7.00 $1,820.00 11 REMOVE EXIST.CEMENT BASE S.Y. 700 4.85 $3,395.00 4.20 $2,940.00 8.50 $5,950.00 8.00 $5,600.00 12 ROADWAY EXCAVATION C.Y. 2815 7.23 $20,352.45 6.26 $17,621.90 10.00 $28,150.00 8.80 $24,772.00 (1-,*% 13 CONST.STAND.CONCRETE GUTTER L.S. 1 1295.00 $1,295.00 1120.00 $1,120.00 2100.00 $2,100.00 1870.00 $1,870.00 14 CONST.8'WIDE REINF.CONC.VALLEY L.S. 1 1965.00 $1,965.00 1700.00 $1,700.00 2100.00 $2,100.00 1870.00 $1,870.00 ( 15 RECONST. 1"WATER SERVICES EA. 38 231.25 $8,787.50 560.00 $21,280.00 250.00 $9,500.00 300.00 $11,400.00 16 FURNISH&INST. 1"PIPING L.F. 1610 8.67 $13,958.70 6.47 $10,416.70 8.00 $12,880.00 5.00 $8,050.00 17 EROSION CONTROL L.S. 1 500.00 $500.00 1080.00 $1,080.00 4000.00 $4,000.00 2100.00 $2,100.00 SUBTOTAL-VISTA TRAILS (STREET) ITEM NOS.1-17 $320,931.10 $301,337.46 $338,663.10 $298,307.70 TOTAL BID AMOUNT $683,402.10 $696,324.36 $718,196.45 $729,491.70 CIMVISTA • • • IP . . STREET & SEWER IMPROVEMENTS -JOB NO. 001-424 CHEATHAM &ASSOCIATES BID TABULATION SHEET 7 OF 9 OWNER: CITY OF SOUTHLAKE BID DATE: JAN.9,1995 GARR.CONSTRUCTION P.O.BOX 908 JOB TITLE: PROPOSED SEWERAGE IMPROVEMENTS FOR GRAPEVINE,TX 76099 CIMARRON ACRES&VISTA TRAILS ADDITIONS, PHONE: 817/424-5388 PHONE: • PHONE: PHONE: INCLUDING PROPOSED STREET IMPROVEMENTS FAX: 817/424-5361 FAX: FAX: FAX: JOB NO: 001-424 AMT.BID $735,046.00 AMT.BID $0.00 AMT.BID $0.00 AMT.BID $0.00 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE CIMARRON ACRES ADDITION-SEWER 1 8"SDR 35 SS PIPE,0'-6'DEPTH(A) L.F. 530 29.80 $15,794.00 $0.00 $0.00 $0.00 2 8"SDR 35 SS PIPE,6'-8'DEPTH(A) L.F. 134 40.45 $5,420.30 $0.00 $0.00 $0.00 3 8"SDR 35 SS PIPE,8'-10'DEPTH(A) L.F. 70 48.00 $3,360.00 $0.00 $0.00 $0.00 4 8"SDR 35 SS PIPE, 10'-12'DEPTH(A) L.F. 170 47.00 $7,990.00 $0.00 $0.00 $0.00 5 8"SDR 35 SS PIPE, 10'-12'DEPTH(B) L.F. 40 50.00 $2,000.00 $0.00 $0.00 $0.00 6 4'SEWER MANHOLES,0'-6'DEPTH EA. 3 1780.00 $5,340.00 $0.00 $0.00 $0.00 7 CONST.EXTRA DEPTH 4'DIA MH V.F. 1 88.00 $88.00 $0.00 $0.00 $0.00 8 CONST.8"CORED CONNECTION(LINE 1A) EA. 1 585.00 $585.00 $0.00 $0.00 $0.00 9 CONST.8"CORED CONNECTION(LINE 1B) EA. 1 585.00 $585.00 $0.00 $0.00 $0.00 10 CONST.4"SS SERVICE INST. EA. 7 650.00 $4,550.00 $0.00 $0.00 $0.00 11 4"PVC SDR 35 SS PIPE L.F. 196 9.00 $1,764.00 $0.00 $0.00 $0.00 12 CONC.ENCSMNT FOR 8"SEWER LINES L.F. 40 22.00 $880.00 $0.00 $0.00 $0.00 13 6"THICK CONC. DRIVEWAY CROSS.. L.F. 48 35.00 $1,680.00 $0.00 $0.00 $0.00 14 CONST.ASPHALTIC ROADWAY PVMNT L.F. 32 35.00 $1,120.00 $0.00 $000 $0.00. 15 TRENCH SAFETY L.F. 944 0.70 $660.80 $0.00 $0.00 $0.00 16 EROSION CONTROL SYSTEM ' L.S. 1 944.00 $944.00 $0.00 $0.00 $0.00 SUBTOTAL- CIMARRON ACRES ITEM NOS.1-16 $52,761.10 $0.00 $0.00 $0.00 I • CIMVISTA - i . 0 i STREET & SEWER IMPROVEMENTS -JOB NO. 001-424 CHEATHAM & ASSOCIATES BID TABULATION SHEET 8 OF 9 OWNER: CITY OF SOUTHLAKE BID DATE: JAN.9, 1995 GARR CONSTRUCTION P.O.BOX 908 JOB TITLE: PROPOSED SEWERAGE IMPROVEMENTS FOR GRAPEVINE,TX 76099 CIMARRON ACRES&VISTA TRAILS ADDITIONS, PHONE: 817/424-5388 PHONE: PHONE: PHONE: INCLUDING PROPOSED STREET IMPROVEMENTS FAX: 817/424-5361 FAX: FAX: FAX: JOB NO: 001-424 AMT.BID $735,046.00 AMT.BID $0.00 AMT.BID $0.00 AMT.BID $0.00 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE VISTA TRAILS ADDITION-SEWER 1 8"SDR 35 SS PIPE,0'-6'DEPTH(A) L.F. 598 28.25 $16,893.50 $0.00 $0.00 $0.00 2 8"SDR 35 SS PIPE,6'-8'DEPTH(A) L.F. 443 33.50 $14,840.50 $0.00 $0.00 $0.00 3 8"SDR 35 SS PIPE,0'-6'DEPTH(B) L.F. 442 34.00 $15,028.00 $0.00 $0.00 $0.00 4 8"SDR 35 SS PIPE,6'-8'DEPTH(B) L.F. 368 37.00 $13,616.00 - $0.00 $0.00 $0.00 5 8"SDR 35 SS PIPE,8'-10'DEPTH(B) L.F. 465 41.00 $19,065.00 $0.00 $0.00 $0.00 6 8"SDR 35 SS PIPE, 10'-12'DEPTH(B) L.F. 838 43.00 $36,034.00 $0.00 $0.00 $0.00 7 8"SDR 35 SS PIPE, 12'-14'DEPTH(B) L.F. 191 50.00. $9,550.00 $0.00 $0.00 $0.00 8 8"SDR 35 SS PIPE, 14'-16'DEPTH(B) L.F. 135 63.00 $8,505.00 $0.00 $0.00 $0.00 9 6"SDR 35 SS PIPE,0'-6'DEPTH(A) L.F. 235 26.50 $6,227.50 $0.00 $0.00 $0.00 10 6"SDR 35 SS PIPE,6'-8'DEPTH(A) L.F. 110 33.00 $3,630.00 $0.00 $0.00 $0.00 .J', 11 6"SDR 35 SS PIPE,0'-6'DEPTH(B) L.F. 733 32.75 $24,005.75 $0.00 $0.00 $0.00 12 6"SDR 35 SS PIPE,6'-8'DEPTH(B) L.F. 422 36.00 $15,192.00 $0.00 $0.00 $0.00 13 6"SDR 35 SS PIPE,8'-10'DEPTH(B) L.F. 459 39.60 $18,176.40 $0.00 $0.00 $0.00 14 6"SDR 35 SS PIPE, 10'-12'DEPTH(B) L.F. 482 42.00 $20,244.00 $0.00 $0.00 $0.00 5' 15 6"SDR 35 SS PIPE, 12'-14'DEPTH(B) L.F. 70 56.00 $3,920.00 $0.00 $0.00 $0.00 16 6"SDR 35 SS PIPE, 14'-16'DEPTH(B_) L.F. 40 70.00 $2,800.00 $0.00 $0.00 $0.00 17 CONST.8"CORED CONNECTION EA. 1 585.00 $585.00 $0.00 $0.00 $0.00 18 4'SEWER MANHOLES,0'-6'DEPTH EA. 21 1375.00 $28,875.00 $0.00 $0.00 $0.00 19 CONST. EXTRA DEPTH 4'DIA MH V.F. 60 80.00 $4,800.00 $0.00 $0.00 $0.00 20 CONST.4"SS SERVICE INST. EA. 70 250.00 $17,500.00 $0.00 $0.00 $0.00 21 CONST.6"SS SERVICE INST. EA. 1 300.00 $300.00 $0.00 $0.00 $0.00 22 4"PVC SDR 35 SS PIPE L.F. 1840 8.50 $15,640.00 $0.00 $0.00 $0.00 23 CONST.SEWAGE METERING L.S. 1 20700.00 $20,700.00 $0.00 $0.00 $0.00 24 CONC. ENCSMNT FOR 8"SEWER LINES L.F. 20 25.00 $500.00. $0.00 $0.00 $0.00 ,25 CONST.ASPHALTIC ROADWAY PVMNT L.F. 52 28.00 $1,456.00 $0.00 $0.00 $0.00 26 6"THICK CONC. DRIVEWAY CROSS.. S.F. 216 4.60 $993.60 $0.00 $0.00 $0.00 27 CONST.GRAVEL DRVWY L.F. 12 20.00 $240.00 $0.00 $0.00 $0.00 28 TRENCH SAFETY L.F. 5981 1.00 $5,981.00 $0.00 $0.00 $0.00 29 EROSION CONTROL SYSTEM L.S. 1 9000.00 $9,000.00 $0.00 $0.00 $0.00 SUBTOTAL- VISTA TRAILS (SEWER) ITEM NOS.1-29 $334,298.25 $0.00 $0.00 $0.00 CIMVISTA , 0 0 0 : , STREET & SEWER IMPROVEMENTS -JOB NO. 001-424 - CHEATHAM &ASSOCIATES BID TABULATION SHEET 9 OF 9 OWNER: CITY OF SOUTHLAKE BID DATE: JAN.9,1995 GARR CONSTRUCTION P.O.BOX 908 JOB TITLE: PROPOSED SEWERAGE IMPROVEMENTS FOR GRAPEVINE,TX 76099 CIMARRON ACRES&VISTA TRAILS ADDITIONS, PHONE: 817/424-5388 PHONE: PHONE: PHONE: INCLUDING PROPOSED STREET IMPROVEMENTS FAX: 817/424-5361 FAX: FAX: FAX: JOB NO: 001-424 AMT.BID $735,046.00 AMT.BID $0.00 AMT.BID $0.00 AMT.BID $0.00 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE VISTA TRAILS ADDITION-STREET 1 CENTERLINE LINEAR FT.OF ROADWAY L.F. 4691 6.60 $30,960.60 $0.00 $0.00 $0.00 2 ADJUST TO FINISH GRADE L.S. 1 3500.00 $3,500.00 $0.00 $0.00 $0.00 3 CONST.8"COMP.CEMENT SUBGRADE S.Y. 15350 1.98 $30,393.00 $0.00 $0.00 $0.00 4 CEMENT FOR STABILIZATION TONS 323 99.00 $31,977.00 $0.00 $0.00 $0.00 5 PRIME COAT S.Y. ' 15350 0.22 $3,377.00 $0.00 $0.00 $0.00 6 TACK COAT S.Y. 15280 0.11 $1,680.80 $0.00 $0.00 $0.00 7 6"THICK HMAC S.Y. 15280 11.45 $174,956.00 $0.00 $0.00 $0.00 8 REMOVE&REPL 6"CURB&18"GUTTER L.F. 460 17.50 $8,050.00 $0.00 $0.00 $0.00 9 CONST.SAW CUT L.F. 110 5.50 $605.00 $0.00 $0.00 $0.00 10 REMOVE&REPL CONC. DRIVEWAY S.F. 260 5.00 $1,300.00 $0.00 $0.00 $0.00 1 11 REMOVE EXIST.CEMENT BASE S.Y. 700 7.00 $4,900.00 $0.00 $0.00 $0.00 v L 12 ROADWAY EXCAVATION C.Y. 2815 8.65 $24,349.75. $0.00 $0.00 $0.00 13 CONST.STAND. CONCRETE GUTTER L.S. 1 3100.00 $3,100.00 $0.00 $0.00 $0.00 14 CONST.8'WIDE REINF.CONC.VALLEY L.S. 1 3000.00 $3,000.00 $0.00 $0,00 $0.00 u' 15 RECONST. 1"WATER SERVICES EA. 38 350.00 $13,300.00 $0.00 $0.00 $0.00 16 FURNISH&INST. 1"PIPING L.F. 1610 3.75 $6,037.50 $0.00 $0.00 $0.00 17 EROSION CONTROL L.S. 1 6500.00 $6,500.00 $0.00 $0.00 $0.00 SUBTOTAL-VISTA TRAILS (STREET) • ITEM NOS.1-17 $347,986.65 $0.00 $0.00 $0.00 TOTAL BID AMOUNT • $735,046.00 $0.00 $0.00 $0.00 CIM'.STA ,. 0 • . •• RECENJ'LY CO LETEI1PROJEC"TS Amount of Contract Type of Work Date Accented Name&Addressof Owner $537,648.00 Two miles of force main thru 9130/95 City of Azle } existing subdivision in streets Me, Texas with asphalt overlay. 2 $41,036.00 Sewer improvements thru 4/15/95 Reginald Rembert ko existing subdivision. Flower Mound, Texas c $504,510.00 Deep Sewer alongside busy 4/15/95 City of Southlake state highways with existing Southlake, Texas _ utilities. 0 o $458,178.70 Water lute improvements 1994 "Wal-Mart" r with asphalt repair. City of Southlake a Southlake, Texas a $37,000.00 Water and sewer improvements 4/95 "Pepper Square" N thin existing parking lots and Leetex,Inc. N shopping center. Dallas,Texas a $33,644.00 Water line&fire hydrant improve 7/95 "Shtugard Storage" LI ments with concrete street repair in Leetex,Inc. COexisting subdivision. Dallas Texas CO N N ,. City of Southlake,Texas MEMORANDUM SJanuary 10, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Interlocal Agreement Between the City of Southlake and City of Grapevine for Water Main Installation on Lonesome Dove The City of Grapevine has requested an Interlocal Agreement with the City of Southlake to construct an 8-inch water line crossing Southlake through the areas as shown on Exhibit "A." This water line construction is a project in conjunction with Tarrant County and the City of Grapevine's Community Development Block Grant Water Main Extension Project. Part of the water line will be constructed in Southlake right-of-way. This water line will provide improved fire protection to the Grapevine area and, in cases of emergency, to Southlake. Grapevine will incur all costs of the water line; will be responsible for the perpetual maintenance of the entire water line; and promptly complete any repairs after receipt Sof notice from Southlake. This Interlocal Agreement also states on page 2 "...no additional facilities shall be connected without the prior approval of the Southlake City Council and a written agreement to this Agreement." Southlake attorney reviewed and made amendments to the Agreement. Grapevine agreed to the changes and incorporated the new language in the present Agreement. Staff recommends that Council approve the Interlocal Agreement between the City of Southlake and City of Grapevine for Water Main Installation on Lonesome Dove. Please place this on the January 16, 1996 agenda for Council consent. ---eldl:V-- BW Attachment: Interlocal Agreement wpdocs\wthead.mem\agenda\grapevine.ld • 0 5c _f STATE OF TEXAS § § INTERLOCAL AGREEMENT FOR COUNTY OF TARRANT § WATER UTILITY This Interlocal Agreement for Water Utilities (the "Agreement") is made and entered into by and between the City of Grapevine, Texas, a municipal corporation located in Tarrant County, Texas, ("Grapevine") and the City of Southlake, Texas, a municipal corporation located in Tarrant County, Texas, ("Southlake"). WHEREAS, Grapevine and Southlake desire to enter into an interlocal agreement at the request of Grapevine to construct an 8" (inch) water line traversing Southlake through the areas as shown in Exhibit "A"; the water line construction being part of Tarrant County and the City of Grapevine's 21 st Year Community Development Block Grant Water Main Extension Project intended to extend water service into the northwest section of Grapevine; and WHEREAS, Texas Government Code, Chapter 791, as amended (the "Act") provides authorization for municipalities to contract with one another for the performance of governmental functions and services under the terms of the Act; and • WHEREAS, Grapevine will not provide water service to any property within Southlake limits; and WHEREAS, the proposed Grapevine water system will provide improved fire protection to the areas in Grapevine and, in cases of emergency, to the City of Southlake, and WHEREAS, Grapevine will be responsible for the perpetual maintenance of the entire water line and related appurtenances as constructed in the CDBG 21st Year Project, including the sections of the water line existing in Southlake as described in the attached Exhibit "A"; and WHEREAS, Grapevine has current revenues available and allocated to cover the respective performance requirements under this Agreement; and WHEREAS, Grapevine will construct the water utility line in Southlake within public street right-of-way; and WHEREAS, Southlake will incur no costs as a result of the water line passing through the Southlake areas as shown on the attached Exhibit "A"; and WHEREAS, it is mutually advantageous to both parties to enter into this • Agreement. 5 G- z • WITNESSETH: NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, Grapevine and Southlake hereby contract, covenant, warrant and agree as follows: I. ADOPTION OF PREAMBLE All of the matters stated in the preamble of this Agreement are true and correct and are hereby incorporated into the body of this Agreement as though fully set forth in their entirety herein. II. CONNECTIONS 1 . Grapevine agrees that the alignment of the waterline through Southlake will be as shown in Exhibit "A". • 2. Grapevine agrees that within Southlake, no additional facilities shall be connected without the prior approval of the Southlake City Council and a written amendment to this Agreement. 3. Grapevine shall maintain the water utility line and, shall promptly complete any repairs after receipt of notice from Southlake. III. COMPLIANCE WITH LOCAL AND FEDERAL LAWS Grapevine agrees to and shall comply with all applicable ordinances, resolutions and other rules and regulations of Southlake, except as specifically provided by this Agreement, and with all applicable state and federal laws. • 2 f IV. • TERM This Agreement shall be for a term of five (5) years commencing on the day of , 199 V. NOTICES Any notice required to be given under this Agreement shall be deemed to have been adequately given if deposited in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: TO GRAPEVINE: City of Grapevine P.O. Box 95109 Grapevine, Texas 76099 Attention: City Manager 1111 TO SOUTHLAKE: • City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Attention: City Manager A change of address may be made by either party upon the giving of ten (10) days prior written notice. VI. TERMINATION The parties may terminate this Agreement at any time by mutual written consent. • 3 .5C-� VII. • INDEMNIFICATION AND HOLD HARMLESS Grapevine, in consideration of this agreement, shall indemnify and hold harmless the City of Southlake, its officers, officials, and employees, from and against any and all suits, actions, claims, liabilities, losses and expenses, including court costs and attorneys' fees, brought for injuries or damages received or sustained by any person or property arising from the negligent act or omission of the City of Grapevine, its officers, agents, or employees, in the construction of or maintenance of the water line which is the subject of this Agreement, whether or not caused, in whole or in part, by the negligence of the City of Southlake, or its officers, agents, servants or employees. VIII. MISCELLANEOUS PROVISIONS 1 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and assigns. 2. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral • agreements between the parties respecting the subject matter hereof. 3. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties. 4. This Agreement may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. The obligations and undertakings of each of the parties to this Agreement are and shall be performable in Tarrant County, Texas. 7. Each party hereto warrants that it has received authority from its governing body to enter into this Agreement. S 4 EXECUTED this day of , 19 • ATTEST: CITY OF GRAPEVINE, TEXAS City Secretary City Manager Linda Huff Trent Petty APPROVED BY COUNCIL [SEAL] APPROVED AS TO FORM: City Attorney 41) ATTEST: CITY OF SOUTHLAKE, TEXAS City Secretary Mayor [Seal] APPROVED AS TO FORM: City Attorney O:1CDBG211AGREE.WTR • 5 5r -6 • • i t `',...4100. N.1HOHPSON _ SURVEY n-1561 I. PJ jAr I.l .I.I .1"fP.I . 1. I . I A;is it„,z. ga ]:g Sa •a ,N(n4477.. voT. a ja ; i 111, p so nn .� .r C s 4iiii �__^ swrw..c an uelrs re Cr,1111 GiTEA4C. i 4 , . ,,,,,,.:7,. , MIL 52 � 1�a R� ka 4 E li`.:4=11 �1 e 6T `li $V4i n� VR� RS n51! 1i -I rat 8n �_`�n, ni.\-`� Si ,r; 1 ) �_ I ��. gm _ n. • € illiw NBC A el mil- �; .. . A �E 68 MIDWAY DR. 'N _..._, vty2 119111.. .411ki‘.P?0/#41417 P. _•�a1/4111111;1ill. n- m�r0 he a ' a s'�`i� . r' - , 1M ai O AG a K 1 IV a i= P—Pr cal Ai, IL_ / fi 1 • . I AM o xi 5c A /. " Ji i�� Ry no y�OL L . MCA SID[DR • Sf« A ns rL IP' _ AE , • • JAll - 8 11.9 January 5, 1996 C;;•l SE(;F E:-^ RY)j) Hon. Mayor Gary Fickes Fellow City Council Members • Sandra LeGrande • It is with sincere r gret that I must resign my position as City Council Member effective immediately: My employment situation makes it necessary that I be assigned out of the United States for an extended period of time and as such cannot be effectivg in the office I hold. This resignation must necessarily also apply to the SPD and other committees that I have and would serve. I havo enjoyed the'short time we have had to serve together and have a much enhanced appreciation of the job done by you and those who will follow. I will continue to own mar home in Southlake and continue to be concerned about our fine City and its future. My first obligation however is to my family and our continued success and that future, like yours, depends upon being able to meet • the financial and other needs a family has. Our new assignment will be in Singapore and I hppe that if any of you have the opportunity to visit, you will. My home will be occupigd by my son, his wife and my daughter and I can always be reached through them. Thanks again for liIo�-ur patience and support and please keep up the vigilance in making Southlake ithe best it can be. R. J."M ness • City of Southlake,Texas MEMORANDUM January 11, 1996 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Appointment of Reserve Firefighter David Sizemore We are requesting the approval of David Sizemore for Reserve Firefighter. David(also known as "Bubba")joined the City in July 1992 and is currently working in the Street Department of Public Works. He is presently attending basic fire academy for certification from the Texas Commission on Fire Protection and plans to graduate in June 1996. I am available for any questions or comments that you might have. 04) BC/bls S- 0 City of Southlake,Texas MEMORANDUM January 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Recommendation for Contract Award of 1995 CDBG Project 12" Water Line Installation in Randol Mill Ave. In January 1994, City Council gave staff authorization to apply to Tarrant County for CDBG funding within designated target areas of the City.. The project submitted was for the construction of a 12" waterline within the Randol Mill Avenue ROW from Kingswood Drive to Morgan Road. However, the bid price for the project exceeded the 1994 funding, so only the southern portion of the project was constructed with the 1994 grant funds. The remainder of the water line project would be constructed with 1995 grant funds. As you may recall, the cost estimate to complete the remainder of the water line, previously forwarded • to Council (1/10/95) with the submittal for the grant funds, was $96,466.00, and we anticipated a "roll-over" amount approximating $20,000.to be forwarded to a future year project. During the development of the construction plans two issues were discussed with Public Works which increased the cost of the project. First it was determined that additional pavement replacement would be required due to conflicts with existing utilities'and trees within the ROW. Second, it was preferred to add in all the remaining Keller water services along the proposed water line. These additional costs (Pavement = $13,075 and Water Services = $8,500) basically eliminated the anticipated roll-over amount. The additional costs are still within the allocation from Tarrant County: Attached is a bid tabulation and recommendation from Cheatham and' Associates concerning the balance of the 12" water line project referenced above and an exhibit showing the location of the proposed water line improvements. The recommendation includes awarding the contract to H&W Utility Contractors in the amount of$118,665.40. This amount.would be funded in entirety from the available $119,353.00 of the 1995 CDBG County grant funds and would allow for a construction contingency of $687.60. Staff would also recommend the award of the contract to H&W Utility Contractors. Please feel free to contact me if you would like further information on the CDBG process and grant funding. GL/te enc: Cheatham Recommendation Letter Dated 12/28/95 Exhibit of Proposed Water Line Improvements G:I WPFI PROJECTSI CDBG95I BID-WATR.WPD 5E-1 CHEATHAM AND • ASSOCIATES December 28, 1995 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake,TX 76092 Re: Community Development Block Grant Project(21st Year) Covering Construction of 12" Water Distribution Lines,Fire Hydrants &Appurtenant Work City of Southlake,Texas B95-UC-48-0001-60-15 Job No. 001-425 • Dear Mr. Whitehead: • Bids for the referenced project were received on December 6, 1995, at the offices of Tarrant County, Community Development Division; A total of seven(7) construction firms submitted • bids as follows: Order of Bids Bidder&Location Total.Amount Base Bid 1. H& W Utility Contractors Lake Dallas, TX $118,665.40 2. Bil-Mik,Inc. Keller,TX $125,746.00 3. Architectural Utilities Fort Worth,TX $131,295.95 4. Circle H Contractors Midlothian,TX $131,452.50 5. . Atkins Bros. Equipment Co. Grand Prairie,TX $135,984.50 6. Tri-Tech Construction,Inc. Fort Worth, TX $149,191.40 7. Radich Construction Co. • Lillian,TX $199,747.50 ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • ` rlington, Texas 76011 817/548-0696 • Metr 5E-2 Fax 817/265-8532 • Mr. Bob Whitehead,P.E. December 28, 1995 CDBG- 001-425 Page 2 As evidenced above,the bids ranged from$118,665.40 to high bid amount of$199,747.50. The total low base bid amount of$118,665.40, as submitted by H& W Utility Contractors from Lake Dallas, Texas, is within the Grant Funds ($119,353.00) available for construction costs. Accordingly, we recommend that the construction contract for the referenced project by awarded to the firm of HZW Enterprises,Inc.DBA H&W Utility Contractors, 305 Main Street, Lake Dallas,TX 75065, in the stated Total Base Bid Amount of$118,665.40. This would provide a construction contingency amount of approximately $687.60. We have found the H&W Utility . Contractor firm to be both reputable and fully qualified to construct-the project. The firm has successfully completed a similar,but larger,water lines project for the City in 1994. The County CDBG officials have requested the City's concurrence in the above recommendation,or indicate to them the City's reluctance in making such recommendation. We will be ready at any time to answer any questions concerning this matter. We enclose a copy of the bid tabulation for your use. If we can•be of further service in this matter or answer any questions,please advise. Respectfully, O24'4).:`%01‘"#*■,0' ''''`°"' Eddie Cheatham,P.E. ' f\word\southlak\425\cdbg.bid Enclosure-Detailed Bid Tabulation cc: Patricia Ward,Dir. of Com.Dev. -Tarrant County 1509-B South University Drive, Suite 276 Ft. Worth, TX 76107 • 5E-3 • • • . PROPOSED WATER SYSTEM IMPROVEMENTS CHEATHAM &ASSOCIATES BID TABULATION SHEET 1 OF 6 • OWNER: CITY OF SOUTHLAKE BID DATE: DEC.6,1995 H&W UTILITY CONT. BIL-MIK,INC. ,ARCHITECT.UTILITIES CIRCLE H CONTRACTORS 305 MAIN ST. 11585 ALTA VISTA . 300 W.RAMSEY P.O.BOX 281 JOB TITLE: PROPOSED WATER SYSTEM IMPROVEMENTS LAKE DALLAS,TX 7506 KELLER,TX 76248 FT.WORTH,TX 76110 MIDLOTHIAN,TX 76065 PHONE: 817/321-5158 PHONE: PHONE: 817/926-4377 PHONE: 214/723-0802 FAX: FAX: FAX: FAX: JOB NO: 001-425 AMT.BID $1,068.00 AMT.BID $1,068.00 AMT.BID $1,068.00 AMT.BID $534.00 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST ' UNIT COST UNIT . COST NO. QTY. PRICE PRICE . PRICE PRICE BASE BID 1 12"DIA. C-900 WATER PIPE L.F. 2155 21.40 $46,117.00 24.00 $51,720.00 25.55 $55,060.25 23.00 $49,565.00 2 8"DIA.C-900 WATER PIPE L.F. 48 17.50 $840.00 18.00 $864.00 18.00 $864.00 17.50 $840.00 3 6"DIA. C-900 WATER PIPE L.F. 56 15.90 $890.40. 16.00 $896.00 16.00 $896.00 15.00 $840.00 4 12"DIA.GATE VALVE EA. 3 1075.00 $3,225.00 975.00 $2,925.00 1150.00 $3,450.00 850.00 $2,550.00 5 6"DIA.GATE VALVE EA. ' 4 390.00 $1,560.00 400.00 $1,600.00 515.00' $2,060.00 350.00 $1,400.00 6 CONSTRUCT FIRE HYDRANT INST. EA. 4 1210.00 $4,840.00 1375.00 $5,500.00 1150.00 $4,600.00 1000.00 $4,000.00 7 DUCTILE IRON FITTINGS LBS. 5184 1.40 $7,257.60 1.50 $7,776.00 ' 2.15 $11,145.60 1.50 $7,776.00 8 CONST.CONNECTION TO EXIST. 12" EA. 1 1250.00 $1,250.00 400.00 $400.00 375.00 $375.00 650.00 $650.00 �, 9 CONST.TAPPED CONNECT.TO EXIST. 8" L.S. 1 . 1975.00 $1,975.00- 1400.00 $1,400.00 2000.00 $2,000.00 1500.00 $1,500.00 Ci7 10 2"DIA.SCHEDULE 40 PVC WATER PIPE L.F. 90 8.60 $774.00 13.00 $1,170.00 6.00 $540.00 10.00 $900.00 -P 11A WATER SERVICE CONNECTIONS EA. ' 13 440.00 $5,720.00 398.00 $5,174.00 225.00 $2,925.00 800.00 $10,400.00 11 B WATER SERVICE CONNECTIONS EA. 8 .490.00 $3,920.00 260.00 $2,080.00 250.00 $2,000.00 750.00 $6,000.00 12 1"DIA. POLY.SDR-9 L.F. 220 22.42 $4,932.40 11.00 $2,420.00 5.85 $1,287.00 12.50 $2,750.00 13 CONST. REPL.ASPH. PVMNT. L.F. 853 17.00 $14,501.00 22.00 $18,766.00 7.50 $6,397.50 25.00 $21,325.00 14 CONST.CONCRETE DRVWY L.F. 130 39.00 $5,070.00 32.00 $4,160.00 30.00 $3,900.00 25.00 $3,250.00 15 CONST. GRAVEL DRVWY L.F. 62 13.50 . $837.00 8.00 $496.00 5.60 $347.20 10.00 $620.00 16 FURN.&INST COMP.CRUSHED STONE C.Y. 600 14.00 $8,400.00 21.00 $12,600.00 39.00 $23,400.00 20.00 $12,000.00 17 CUT, PLUG&ABANDON EXIST.6"WL EA. 2 600.00 $1,200.00 265.00 $530.00 410.00 $820.00 500.00 $1,000.00 18 FURN. &INST.2"GATE VALVE EA. 3 314.00 $942.00 285.00 $855.00" 400.00 $1,200.00 250.00 $750.00 19 CLEAR R.O.W. FOR CONST. - L.F. l 2259 . 1.00 $2,259.00 1.00 $2,259.00 2.60 $5,873.40 1.00 $2,259.00 20 TRENCH SAFETY L.F. 2155 1.00 $2,155.00 1.00 $2,155.00 1.00 $2,155.00 0.50 $1,077.50 TOTAL BASE BID $118,665.40 $125,746.00 $131,295.95 $131,452.50 (ITEM NOS. 1 -20) P.0. OF T4e. . _ ,41/I t.,-- ;fr4'aili / re vow is,-. EDWINAl L.A APE VISTA . '01,14 :, 16769 9 4,44 r /2 - 08= 95- ' • • y • • . ... PROPOSED WATER SYSTEM IMPROVEMENTS CHEATHAM &ASSOCIATES BID TABULATION SHEET 2 OF 6 OWNER: CITY OF SOUTHLAKE BID DATE: DEC.6, 1995 H&W UTILITY CONT. BIL-MIK,INC. ARCHITECT.UTILITIES CIRCLE H CONTRACTORS 305 MAIN ST. 11585 ALTA VISTA 300 W.RAMSEY P.O.BOX 281 JOB TITLE: PROPOSED WATER SYSTEM IMPROVEMENTS LAKE DALLAS,TX 7506 KELLER,TX 76248 FT.WORTH,TX 76110 MIDLOTHIAN,TX 76065 PHONE: 817/321-5158 PHONE: PHONE: 817/926-4377 PHONE: 214/723-0802 FAX: FAX: FAX: FAX: JOB NO: 001-425 AMT.BID $0.00 AMT.BID $0.00 AMT.BID $0.00 AMT.BID $0.00 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE DEDUCTIVE ALTERNATE NO.1 1 12"DIA.C-900 WATER PIPE L.F. 1068 21.40 $22,855.20 24.00 $25,632.00 25.55 $27,287.40 23.00 $24,564.00 2 8"DIA. C-900 WATER PIPE L.F. 48 17.50 $840.00 18.00 $864.00 18.00 $864.00 17.50 $840.00 3 6"DIA. C-900 WATER PIPE L.F. 24 15.90 $381.60 16.00 $384.00 16.00 $384.00 15.00 $360.00 4 12"DIA. GATE VALVE EA. 1 1075.00 $1,075.00 975.00 $975.00 1150.00 $1,150.00 850.00 $850.00 5 6"DIA. GATE VALVE EA. 2 390.00 $780.00 400.00 $800.00 515.00 $1,030.00 350.00 $700.00 6 CONSTRUCT FIRE HYDRANT INST. EA. 2 1210.00 $2,420.00 1375.00 $2,750.00 1150.00 $2,300.00 1000.00 $2,000.00 Lril ^ 7 DUCTILE IRON FITTINGS LBS. 2997 1.40 $4,195.80 1.50 $4,495.50 2.15 $6,443.55 1.50 $4,495.50 8 CONST.CONNECTION TO EXIST.8 L.S. 1 1975.00 $1,975.00 1400.00 $1,400.00 2000.00 $2,000.00 1500.00 $1,500.00 "' 9 2"DIA. SCHEDULE 40 PVC WATER PIPE L.F. 24 8.60 $206.40 13.00 $312.00 6.00 $144.00 10.00 $240.00 10A WATER SERVICE CONNECTIONS EA. 5 440.00 $2,200.00 398.00 $1,990.00 225.00 $1,125.00 800.00 $4,000.00 10B WATER SERVICE CONNECTIONS EA. 2 490.00 $980.00 260.00 $520.00 250.00 $500.00 750.00 $1,500.00 11 1"DIA. POLY.SDR-9 L.F. 62 22.42 $1,390.04 11.00 $682.00 5.85 $362.70 12.50 $775.00 12 CONST. REPL.ASPH. PVMNT. L.F. 753 17.00 $12,801.00. 22.00 $16,566.00 7.50 $5,647.50 25.00 $18,825.00 13 CONST. CONCRETE DRVWY L.F. 68 39.00 $2,652.00 32.00- $2,176.00 30.00 $2,040.00 25.00 $1,700.00 14 FURN. &INST COMP. CRUSHED STONE C.Y. 488 14.00 $6,832.00 21.00 $10,248.00 39.00 $19,032.00 20.00 $9,760.00 15 CUT, PLUG&ABANDON EXIST.6"WL EA. 1 600.00 $600.00 265.00 $265.00 410.00 $410.00 500.00 $500.00 16 FURN. &INST.2"GATE VALVE EA. .1 314.00 $314.00 285.00 $285.00 400.00 $400.00 250.00 $250.00 17 CLEAR R.O.W. FOR CONST. L.F. 1140 1.00 $1,140.00 1.00 $1,140.00 2.60 $2,964.00 1.00 $1,140.00 18 TRENCH SAFETY L.F. 1068 1.00 $1,068.00 1.00 $1,068.00 1.00 $1,068.00 0.50 $534.00 TOTAL DEDUCTIVE ALTERNATE NO.1 . $64,706.04 $72,652.60 $76,162.15 $74,633.60 (ITEM NOS. 1 -18) • CIMARRON . . , • iiii • . .- PROPOSED WATER SYSTEM IMPROVEMENTS CHEATHAM & ASSOCIATES BID TABULATION SHEET 3 OF.6 OWNER: CITY OF SOUTHLAKE BID DATE: DEC.6, 1995 H&W UTILITY CONT. BIL-MIK,INC. ARCHITECT.UTILITIES CIRCLE H CONTRACTORS 305 MAIN ST. 11585 ALTA VISTA 300 W.RAMSEY P.O.BOX 281 JOB TITLE: PROPOSED WATER SYSTEM IMPROVEMENTS LAKE DALLAS,,TX 7506 KELLER,TX 76248 FT.WORTH,TX 76110 MIDLOTHIAN,TX 76065 PHONE: 817/321-5158 PHONE: PHONE: 817/926-4377 PHONE: 214/723-0802 FAX: FAX: FAX: FAX: JOB NO: 001-425 AMT.BID $525.00 AMT.BID $600.00 AMT.BID $750.00 AMT.BID $0.00 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE DEDUCTIVE ALTERNATE NO.II 1 12"DIA. C-900 WATER PIPE L.F. . 1087 21.40 $23,261.80 24.00 $26,088.00 25.55 $27,772.85 23.00 $25,001.00 2 8"DIA.C-900 WATER PIPE L.F. 0. 17.50 $0.00 18.00 $0.00 18.00 $0.00 17.50 $0.00 3 6"DIA. C-900 WATER PIPE L.F. 32 15.90 $508.80 16.00 $512.00 16.00 $512.00 15.00 $480.00 4 12"DIA.GATE VALVE EA. 2 1075.00 $2,150.00 975.00 $1,950.00 1150.00 $2,300.00 850.00 $1,700.00 5 6"DIA. GATE VALVE EA. 2 390.00 $780.00 400.00 $800.00 515.00 $1,030.00 350.00 $700.00 6 CONSTRUCT FIRE HYDRANT INST. EA. 2 1210.00 $2,420.00 1375.00 $2,750.00 1150.00 $2,300.00 1000.00 $2,000.00 411 7 DUCTILE IRON FITTINGS LBS. 2187 1.40 $3,061.80 1.50 $3,280.50 2.15 $4,702.05 1.50 $3,280.50 o\ ' 8 _CONST.CONNECTION TO EXIST. 12" EA. 1 1250.00 $1,250.00 400.00 $400.00 375.00 $375.00 650.00 $650.00 9 CONST.TAPPED CONNECT.TO EXIST.8" L.S. 0 1975.00 $0.00 1400.00 $0.00 2000.00 $0.00 1500.00 $0.00 - - 10 2"DIA.SCHEDULE 40 PVC WATER PIPE L.F. 66 8.60 $567.60 13.00 $858.00 6.00 $396.00 10.00 $660.00 11A WATER SERVICE CONNECTIONS EA. 8 440.00 $3,520.00 ' 398.00 $3,184.00 225.00 $1,800.00 800.00 $6,400.00 11 B WATER SERVICE CONNECTIONS EA. 6 490.00 •$2,940.00 260.00 $1,560.00 250.00 $1,500.00 750.00 $4,500.00 12 1"DIA. POLY.SDR-9 L.F. 158 22.42 $3,542.36 11.00 $1,738.00 5.85 $924.30 12.50 $1,975.00 13 CONST. REPL.ASPH. PVMNT. L.F. 100 17.00 $1,700.00 22.00 $2,200.00 7.50 $750.00 25.00 $2,500.00 14 CONST. CONCRETE DRVWY L.F. 62 39.00 $2,418.00 32.00 $1,984.00 30.00 $1,860.00 25.00 $1,550.00 15 CONST. GRAVEL DRVWY L.F. 52 13.50 $702.00 8.00 $416.00 5.60 $291.20 10.00 $520.00 16 FURN. &INST COMP.CRUSHED STONE C.Y. 112 14.00 $1,568.00 21.00 $2,352.00 39.00 $4,368.00 20.00 $2,240.00 17 CUT, PLUG&ABANDON EXIST.6"WL EA. 1 600.00 $600.00 265.00 $265.00 410.00 $410.00 500.00 $500.00 18 FURN. &INST.2"GATE VALVE • EA. 2 314.00 $628.00 285.00 $570.00 400.00 $800.00 250.00 $500.00 19 CLEAR R.O.W. FOR CONST. L.F. 1119 1.00 $1,119.00 1.00 $1,119.00 2.60 $2,909.40 1.00 $1,119.00 20 TRENCH SAFETY L.F. 1087 1.00 $1,087.00 1.00] $1,087.00 1.00 $1,087.00 0.50 $543.50 TOTAL DEDUCTIVE ALTERNATE NO.II $53,824.36 $53,113.50 $56,087.80 $56,819.00 (ITEM NOS.1 -20) . VISTA • fa- 0 + PROPOSED WATER SYSTEM IMPROVEMENTS CHEATHAM &ASSOCIATES BID TABULATION SHEET 4 OF 6 OWNER: CITY OF SOUTHLAKE BID DATE: DEC:6,1995 ATKINS BROS.EQUIP. TRI-TECH CONST.,INC. RADICH CONST.CO. 918 W.MARSHALL 1133 E.LOOP 820 S. P.O.BOX 66 JOB TITLE: PROPOSED WATER SYSTEM IMPROVEMENTS GR.PRAIRIE,TX 75051 FT.WORTH,TX"761 12 LILLIAN,TX 76061 PHONE: 214/647-8890 PHONE: 817/496-5361 PHONE: 817/295-6717 PHONE: FAX: FAX: FAX: FAX: JOB NO: 001-425 AMT.BID $1,068.00 AMT.BID $106.80 AMT.BID $1,068.00 AMT.BID $0.00 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE. PRICE PRICE PRICE BASE BID 1 12"DIA. C-900 WATER PIPE L.F. • 2155 37.00 $79,735.00 33.00 $71,115.00 37.00 $79,735.00 $0.00 2 8"DIA. C-900 WATER PIPE L.F. 48 27.00 $1,296.00 27.00 $1,296.00 45.75 $2,196.00 $0.00 3 6"DIA. C-900 WATER PIPE L.F. 56 23.00 $1,288.00 23.00 $1,288.00 44.00 $2,464.00 $0.00 4 12"DIA. GATE VALVE EA. 3 900.00 $2,700.00 1050.00 $3,150.00 950.00 $2,850.00 $0.00 5 6"DIA. GATE VALVE EA. 4 325.00 $1,300.00 465.00 $1,860.00 425.00 $1,700.00 $0.00 6 CONSTRUCT FIRE HYDRANT INST. EA. 4 925.00 $3,700.00 2050.00 $8,200.00 1100.00 $4,400.00 $0.00 7 DUCTILE IRON FITTINGS LBS. 5184. 2.00 $10,368.00 1.00 $5,184.00 2.00 $10,368.00 $0.00 t' 8 CONST. CONNECTION TO EXIST. 12" EA. 1 350.00 $350.00 1800.00 $1,800.00 2500.00 $2,500.00 $0.00 9 CONST.TAPPED CONNECT.TO EXIST.8" L.S. 1 1150.00 $1,150.00 3200.00 $3,200.00 2500.00 $2,500.00 $0.00 10 2"DIA. SCHEDULE 40 PVC WATER PIPE L.F. 90 13.00 $1,170.00 48.00 $4,320.00 25.60 $2,304.00 $0.00 11A WATER SERVICE CONNECTIONS EA. 13 300.00 $3,900.00 700.00 $9,100.00 450.00 $5,850.00 $0.00 11B WATER SERVICE CONNECTIONS EA. 8 300.00 $2,400.00 600.00 $4,800.00 500.00 $4,000.00 $0.00 12 1"DIA. POLY. SDR-9 L.F. 220 . 11.00 $2,420.00 9.00 $1,980.00 19.00 $4,180.00 $0.00 13 CONST. REPL.ASPH. PVMNT. L.F. 853 6.00 $5,118.00 13.00 $11,089.00 42.00 $35,826.00 $0.00 14 CONST.CONCRETE DRVWY L.F. 130 19.00 $2,470.00 44.00 $5,720.00 45.00 $5,850.00 $0.00 15 CONST.GRAVEL DRVWY L.F. 62 5.00 $310.00 4.00 $248.00 6.00 $372.00 $0.00 16 FURN.&INST COMP. CRUSHED STONE C.Y. 600 19.00 $11,400.00 22.00 $13,200.00 38.00 $22,800.00 $0.00 17 CUT, PLUG&ABANDON EXIST.6"WL EA. 2 550.00 $1,100.00 300.00 $600.00 650.00 $1,300.00 $0.00 18 FURN.&INST.2"GATE VALVE EA. 3 175.00 $525.00 200.00 $600.00 250.00 $750.00 $0.00 19 CLEAR R.O.W. FOR CONST. L.F. 2259" 0.50 $1,129.50 0.10 $225.90 2.50 $5,647.50 $0.00 20. TRENCH SAFETY L.F. 2155 1.00 $2,155.00 0.10 $215.50 1.00 $2,155.00 $0.00 TOTAL BASE BID $135,984.50 $149,191.40 $199,747.60 $0.00 (ITEM NOS. 1 -20) • VISTA • . IIIII . , , • II PROPOSED WATER SYSTEM IMPROVEMENTS . • CHEATHAM &ASSOCIATES BID TABULATION SHEET 5 OF.6 OWNER: CITY OF SOUTHLAKE BID DATE: DEC.6,1995 ATKINS BROS.EQUIP. TRI-TECH CONST.,INC. RADICH CONST.CO. 918 W.MARSHALL 1133 E.LOOP 820 S. P.O.BOX 66 JOB TITLE: PROPOSED WATER SYSTEM IMPROVEMENTS GR.PRAIRIE,TX 75051 FT.WORTH,TX 76112 LILLIAN,TX 76061 PHONE: 214/647-8890 PHONE: 817/496-5361 PHONE: 817/295-6717 PHONE: FAX: FAX: FAX: FAX: . JOB NO: 001-425 AMT.BID $0.00 AMT.BID $0.00 AMT.BID $0.00 AMT.BID $0.00 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. CITY. PRICE PRICE PRICE PRICE DEDUCTIVE ALTERNATE NO.1 - 1 12"DIA. C-900 WATER PIPE L.F. 1068 37.00 $39,516.00 33.00 $35,244.00 37.00 $39,516.00 $0.00 2 8"DIA. C-900 WATER PIPE L.F. 48 27.00 $1,296.00 27.00 $1,296.00 45.75 $2,196.00 $0.00 3 6"DIA.C-900 WATER PIPE L.F. 24 23.00 $552.00 23.00 $552.00 44.00 $1,056.00 $0.00 4 12"DIA. GATE VALVE EA. 1 900.00 . $900.00 1050.00 $1,050.00 950.00 $950.00 $0.00 5 6"DIA. GATE VALVE EA. 2 325.00 $650.00 465.00 $930.00 425.00 $850.00 $0.00 6 CONSTRUCT FIRE HYDRANT INST. EA. 2 925.00 $1,850.00 2050.00 $4,100.00 1100.00 $2,200.00 $0.00 7 DUCTILE IRON FITTINGS LBS. 2997 2.00 $5,994.00 1.00 $2,997.00 2.00 $5,994.00 $0.00 LA m 8 CONST. CONNECTION TO.EXIST.8" L.S. 1 1150.00 $1,150.00 3200.00 $3,200.00 2500.00 $2,500.00 $0.00 00 9 2"DIA. SCHEDULE 40 PVC WATER PIPE L.F. 24 13.00 $312.00 48.00 $1,152.00 25.60 $614.40 $0.00 10A WATER SERVICE CONNECTIONS EA. 5 300.00 $1,500.00 700.00 $3,500.00 450.00 $2,250.00 $0.00 10B WATER SERVICE CONNECTIONS EA. 2 300.00 $600.00 600.00 $1,200.00 500.00 $1,000.00 $0.00 -- - 11 1"DIA. POLY.SDR-9 L.F. 62 11.00 $682.00 9.00 $558.00 19.00 $1,178.00 $0.00 12 CONST. REPL.ASPH. PVMNT. L.F. 753 6.00 $4,518.00 13.00 $9,789.00 42.00 $31,626.00 $0.00 13 CONST.CONCRETE DRVWY . L.F. 68 19.00 $1,292.00 44.00 $2,992.00 45.00 $3,060.00 $0.00 14 FURN. &INST COMP. CRUSHED STONE C.Y. 488 19.00 $9,272.00 22.00 $10,736.00 38.00 $18,544.00 $0.00 15 CUT, PLUG&ABANDON EXIST.6"WL EA. 1 550.00 $550.00 300.00 $300.00 650.00 $650.00 $0.00 16 FURN. &INST.2"GATE VALVE EA. 1 175.00 $175.00 200.00 $200.00 250.00 $250.00 $0.00 17 CLEAR R.O.W. FOR CONST. L.F. 1140 0.50 $570.00 0.10 $114.00 2.50 $2,850.00 $0.00 18 TRENCH SAFETY L.F. 1068 1.00 $1,068.00 0.10 $106.80 1.00 $1,068.00 $0.00 TOTAL DEDUCTIVE ALTERNATE NO.1 $72,447.00 $80,016.80 $118,352.40 $0.00 (ITEM NOS. 1 -18) . CIMARRON • • • . 1 :. PROPOSED WATER SYSTEM IMPROVEMENTS CHEATHAM &ASSOCIATES BID TABULATION SHEET 6 OF 6 OWNER: CITY OF SOUTHLAKE BID DATE: DEC.6, 1995 ATKINS BROS.EQUIP. .TRI-TECH CONST.,INC. RADICH CONST.CO. . 918 W.MARSHALL 1133 E.LOOP 820 S. P.O.BOX 66 JOB TITLE: PROPOSED WATER SYSTEM IMPROVEMENTS GR.PRAIRIE,TX 75051 FT.WORTH,TX 76112 LILLIAN,TX 76061 PHONE: 214/647-8890 PHONE: 817/496-5361 PHONE: 817/295-6717 PHONE: FAX: FAX: FAX: FAX: JOB NO: 001-425 AMT.BID $0.00 AMT.BID $0.00 AMT.BID $0.00 AMT.BID $0.00 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE DEDUCTIVE ALTERNATE NO.II 1 12"DIA.C-900 WATER PIPE L.F. 1087 37.00 $40,219.00 33.00 $35,871.00 37.00 $40,219.00 $0.00 2 8"DIA.C-900 WATER PIPE L.F. 0 $0.00 ' 27.00 $0.00 45.75 $0.00 $0.00 3 6"DIA. C-900 WATER PIPE. L.F. 32 23.00 $736.00 23.00 $736.00 44.00 $1,408.00 $0.00 4 12"DIA.GATE VALVE EA. 2 900.00 $1,800.00 1050.00 $2,100.00 950.00 $1,900.00 $0.00 5 6"DIA. GATE VALVE EA. 2 325.00 $650.00 465.00 $930.00 '425.00 $850.00 $0.00 6 CONSTRUCT FIRE HYDRANT INST. EA. 2 925.00 $1,850.00 2050.00 $4,100.00 1100.00 $2,200.00 $0.00 vi 7 DUCTILE IRON FITTINGS LBS. 2187 2.00 $4,374.00 1.00 $2,187.00 2.00 $4,374.00 $0.00 C?1 8 CONST.CONNECTION TO EXIST. 12" EA. 1 350.00 $350.00 1800.00 $1,800.00 2500.00 $2,500.00 $0.00 9 CONST.TAPPED CONNECT.TO EXIST.8" L.S. 0 $0.00 3200.00 $0.00 2500.00 $0.00 $0.00 10 2"DIA:SCHEDULE 40 PVC WATER PIPE L.F. 66 13.00 $858.00 48.00 $3,168.00 25.60 $1,689.60 $0.00 11A WATER SERVICE CONNECTIONS EA. 8 300.00 $2,400.00 700.00 $5,600.00 450.00 $3,600.00 $0.00 11 B WATER SERVICE CONNECTIONS EA. 6 300.00 $1,800.00 600.00 $3,600.00 500.00 $3,000.00 $0.00 12 1"DIA. POLY. SDR-9. L.F. 158 11.00 $1,738.00 9.00 $1,422.00 19.00 $3,002.00 $0.00 13 CONST. REPL.ASPH. PVMNT. L.F. 100 6.00 $600.00 13.00 $1,300.00 42.00 $4,200.00 $0.00 14 CONST. CONCRETE DRVWY L.F. 62 19.00 $1,178.00 44.00 $2,728.00 45.00 $2,790.00 $0.00 15 CONST. GRAVEL DRVWY L.F. 52 5.00 $260.00 4.00 $208.00 6.00 $312.00 $0.00 16 FURN. &INST COMP. CRUSHED STONE C.Y. 112 19.00 $2,128.00 22.00 $2,464.00 38.00 $4,256.00 $0.00 17 CUT, PLUG&ABANDON EXIST.6"WL EA. - 1 550.00 $550.00 300.00 $300.00 650.00 $650.00 $0.00 18 FURN.&INST.2"GATE VALVE EA. 2 175.00 $350.00 200.00 $400.00 250.00 $500.00 $0.00 19 CLEAR R.O.W. FOR CONST. L.F. 1119 0.50 $559.50 0.10 $111.90 2.50 $2,797.50 $0.00 20 TRENCH SAFETY L.F. 1087 1.00 $1,087.00 0.10 $108.70 1.00 $1,087.00 $0.00 TOTAL DEDUCTIVE ALTERNATE NO.II $63,487.50 $69,134.60 $81,335.10 $0.00 (ITEM NOS.1 -20) VISTA .- ._ , It (ROAA�J RD No. 3080 V iii I IFWEST DOVE STREET N I R061rf LN • • 6 U(J(INGHIKO 1 NYE J Not to Scale ' February 1995 • BRITTANY CT /__ _/-MHF AtiAN . m r- . Q • • PROJECT ..LOCATION J . PROPOSED 12" WATER -J DISTRIBUTION LINES & Z GArcLAcIE NrnTIi-N c PLANTATION DR APPURTENANT WORK , • OAKI AT3F .1 I J O 00Z . f '7L1-FPT HUIISI Y +lL Z G A u. I INNEMINIA '� z - j _, essuaa nsull) a z • w w O -J CC J J is. Z V rU J1 LANE MAP SHOWING w CITY OF SOUTHLAKE a COVERING of TARRANT COUNTY COMMUNITY z DEVELOPMENT PROGRAM a - 21st PROGRAM YEAR a rgwKtS nu ^ CHEATHAM & ASSOCIATES . OgIA �/ CONSULTING ENGINEERS SURVEYORS-PI NNE(lS I191 LASE IIl Ltl9 NRf TOG AIIUMCTOK.A -e a DM SIh0111 yeLa ze5-ease ,; • City of Southlake,Texas • MEMORANDUM January 9, 1996 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Director of Parks and Recreation , SUBJECT: Consider Policy Naming Parks and Facilities The Parks and Recreation Board is recommending the attached policy for naming and renaming parks and related facilities for the City of Southlake. The Board appointed an Ad-Hoc Naming Committee to prepare a policy for the Board to.review. The committee included Janet Murphy, Bethann Scratchard and Carol Lee Hamilton. The committee started with the CISD naming policy that was recently developed to name the Durham Elementary School. With some modifications the attached policy was prepared. Monday, January 8th, the Parks Board voted 7-0 to recommend the naming policy and timetable to the City Council. SThe policy, forms and timetable are included for naming our newest city park - West Beach/ Northend/ Future Park. If approved by City Council, the Board and City staff will move forward to solicit names, review them, and submit a recommendation to the City Council for consideration in March. Please put this on the City Connell agenda, January 16, for consideration of the Park Naming Policy and Timetable. If you have any questions please contact me at 481-5581, extension 757. ES SF-I :r City of Southlake,Texas PARKS AND RELATED FACILITIES NAMING AND RENAMING OF FACILITIES POLICY The Board believes naming parks and related facilities is a matter of great importance. In selecting names, special consideration may be given to those names that will have a special meaning to all citizens, and will enhance the environmental philosophy of the City. The Board's decision will not be influenced by prejudice, favoritism or any other form of bias. The Board may, however, give preference to names which honor individuals or groups who have made significant contributions to Southlake parks. The Board may solicit names from city staff and the community. No anonymous submittals will be considered. A timetable will be established and publicized before naming any park or facility. In naming of parks and related facilities in the City, the following guidelines shall be used: 1. May be named for any individuals or groups who have served the community. 2. May be named for any local, state or national figures. O ' 3. May be named for any local, state or national geog phic area or landmark. ' • 4. May be named for any symbol the State of Texas.pe.....V. S S SF -,R City of Southlake,Texas SGUIDELINES AND SUBMISSION FORM FOR NAMING NEW PARKS Dear Resident: [Southlake Parks and Recreation Board is seeking name suggestions for ] In the naming of parks or facilities in the City of Southlake the following guidelines shall be used: 1. May be named for any individuals or groups who have served the community. 2. May be named for any local, state or national figures. 3. May be named for any local, state or national geographic area or landmark. 4. May be named for any symbol of the State of Texas. SUBMISSION FORM FOR PARK NAME (PLEASE PRINT) Name to be Submitted: Please include a brief explanation on the back or on a separate sheet of paper to support your recommendation. Submitted by: Date: (name required) Address: Telephone: (Home) (Office) Please submit your suggestions to: City of Southlake Parks &Recreation 667 N. Carroll Avenue Southlake, Texas 76092 SUBMITTALS MUST BE POSTMARKED BY [DATE] Please contact the Parks and Recreation Department at 817/481-5581, Ext. 756 if you have any questions. Thanks for your interest. 5F _ 3 City of Southiake,Texas TIMETABLE For Naming the New City Park January 17 Publicize and distribute forms for name of the park solicitation of the newspaper, cable, flyers, signs, mailings, chamber, etc. February 20 Postmark deadline for submittal of names February 28 Committee reviews names solicited and prepares recommendation for Park Board March 11 Consider Park Board Recommendation March 19 City Council Presentation • • City of Southlake,Texas • GUIDELINES AND SUBMISSION FORM FOR NAMING NEW PARKS Dear Resident: Southlake Parks and Recreation Board is seeking name suggestions for the City's new park,on N. White Chapel in Southlake. The park will have approximately 130 acres of open areas. The Westside is adjacent to Walnut Grove Park, a Corps of Engineers park fronting Lake Grapevine. It has a nationally recognized equestrian trail. Separate forms must be returned for each park name. In the naming of parks or facilities in the City of Southlake the following guidelines shall be used: 1. May be named for any individuals or groups who have served the community. 2. May be named for any local, state or national figures. 3.. May be named for any local, state or national geographic area or landmark. 4. May be named for any symbol of the State of Texas. SUBMISSION FORM FOR PARK NAME • (PLEASE PRINT) Name to be Submitted: Please include a brief explanation on the back or on a separate sheet of paper to support your recommendation. Submitted by: Date: (name required) Address: Telephone: (Home) (Office) Please submit your suggestions to: City of Southlake Parks &Recreation 667 N. Carroll Avenue Southlake, Texas 76092 SUBMITTALS MUST BE POSTMARKED BY FEBRUARY 20, 1996. Please contact the Parks and Recreation Department at 817/481-5581, Ext. 756 if you have any questions. Thanks for your interest: • . . JF-5 City of Southlake,Texas 411 MEMORANDUM 96 January 9, 1996 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Director of Parks and Recreation SUBJECT: Consider Resolution to Authorize Application.for Grant West Beach Project Attached is a resolution to authorize the city to apply for a Texas Parks and Wildlife Department (TPWD) Grant for land acquisition and development of the West Beach project. The maximum grant is $500,000 with the City matching $500,000. The City's match will include the land acquired since October 1, 1995, donation of the public roads in West Beach which would be converted to park land and the V2 cent sales tax. The revisions to the park master plan were approved by TPWD for priority scoring this review cycle. Grant applications are due January'31 with awards being announced in June or July 1996. Please place this item on the January 16 City Council Agenda to consider approval of the • resolution authorizing application for TPWD grant for the West Beach project. 4ific______. KM City of Southlake,Texas RESOLUTION NUMBER I 4 AUTHORIZING APPLICATION TO TEXAS RECREATION&PARKS ACCOUNT PROGRAM(TRPA) A RESOLUTION OF THE CITY OF SOUTHLAKE,TEXAS HEREINAFTER REFERRED TO AS "APPLICANT",DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR,ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT", FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION& PARKS ACCOUNT GRANT PROGRAM,HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE "APPLICANT"IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. WHEREAS, the Texas Legislature has approved the"program"(Section 24 of the Parks&Wildlife Code) for the purpose of allowing the political subdivision of the State of Texas to participate in the Program; and WHEREAS, the"Applicant"is fully eligible to receive assistance under the"Program"; and WHEREAS, the "Applicant" is desirous of authorizing an official to represent and act for the "Applicant" in dealing with the"Department"concerning the"Program"; BE IT RESOLVED BY THE "APPLICANT": Section 1: That the"Applicant"hereby certifies that they are eligible to receive assistance under the"Program". Section 2: That the "Applicant"hereby certifies that the matching share for this application is readily available at this time. Section 3: That the "Applicant" hereby authorizes and directs its City Manager to act for the "Applicant" in dealing with the"Department" for the purpose of the"Program",and Curtis E. Hawk is hereby officially designated as the representative in this regard. Section 4: The"Applicant"hereby specifically authorizes the official to make application to the • "Department"concerning the site to be known as the SOUTHLAKE PARK in the City of Southlake for the use as a park. That the SOUTHLAKE PARK is hereby dedicated, upon completion of the proposed acquisition,for public park and recreation purposes in perpetuity. Introduced,read and passed by the affirmation vote of the City Council for the City of Southlake on this 16th day of January, 1996. • ATTESTED Gary Fickes,Mayor S City of South lake,Texas MEMORANDUM January 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-189, Second Reading ZA 95-119,Rezoning Request REQUESTED ACTION: Rezoning for 0.656 acre tract of land situated in the Absalom H. Chivers Survey Abstract No. 299, Tract 2C4 LOCATION: North side of Primrose Lane and approximately 500'West of North Carroll Avenue OWNERS/APPLICANTS: . George F. and Barbara Roberts CURRENT ZONING: "AG" Agricultural District QUESTED ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Medium Density Residential/65 Ldn Contour NO. NOTICES SENT: Five (5) RESPONSES: One (1)written response received within the 200' notification area: • Hugh Martin, 1090 Primrose Lane, Southlake, Texas 76092,is opposed, "because of our water well". P &Z ACTION: December 21, 1995; Approved (5-1). COUNCIL ACTION: January 2, 1996; Approved(6-0), First Reading of Ordinance No. 480-189. • STAFF COMMENTS: Staff understands that the Applicant plans to construct a new home on the lot. 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Ragnarsson "AG" r ADJACENT OWNERS , � o AND ZONING ) IR VEY A -299 7A-3 • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-1S9 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 0.656 ACRE TRACT OF LAND SITUATED IN THE ABSALOM H. CHIVERS SURVEY ABSTRACT NO. 299, TRACT 2C4, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; • PRESERVING ALL OTHER •PORTIONS OF THE ZONING. ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, • . . • MORALS AND'GENERAL WELFARE DEMAND THE ZONING • CHANGES AND AMENDMENTS HEREIN.MADE;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE.OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; . • PROVIDING FOR.A PENALTY FOR VIOLATIONS HEREOF;' PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL. NEWSPAPER; AND . • . • • . PROVIDING AN EFFECTIVE DATE.. WHEREAS, -- ' of Southlake,.Texas is a home rule City actin: •:er its'Charter adopted by the electorate pursuant to •. '- - _, - .• i . •- - "onstitution and Chapter 9 of the Texas Local Government Code; and, • WHEREAS,.pursuant to Chapter 211 of the Local.Government Code, the City has the . authority to adopt a comprehensive zoning ordinance and map regulating.the location and use of . buildings, other structures and land for business, industrial, residential and other purposes, and to. • amend said ordinance and map for the purpose of promoting the public health, safety, morals and . . general welfare, all in accordance with.a comprehensive plan; and • WHEREAS, the hereinafter described property•is currently zoned as."AG" Agricultural District under the City's Comprehensive Zoning Ordinance;.and . WHEREAS,a change in the zoning classification of said property was requested by a person • . or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider.the following factors in making a determination as to whether these G:\ORD\CAsEs\480-189.2RD Page 1 7A-4 ® changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood;location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view . to conserve the value of the buildings,and encourage the most appropriate use of the land throughout ' this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public'interest•clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those • 0 who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas, does fmd 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, • G:\O R D\CASES\4 80-189.2 R D Page 2 7A-5 • illis hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being 0.656 acre tract of land situated in the Absalom H. Chivers Survey Abstract No.299,Tract 2C4,and more fully and completely described in Exhibit"A" attached hereto and incorporated herein,from"AG" Agricultural District to "SF-20A" Single Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,Texas,to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject.to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences,words,phrases'and definitions,of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. •That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed,with respect to both • present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to • i • lessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, . • water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable. • consideration among other things of the character of the district and its peculiar suitability.for the particular uses and with a view of conserving the value of buildings and encouraging the most . appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of ' • • Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 411 G:\ORD\CASES\480-189.2RD Page 3 7A-6 ® Section 8. All rights and remedies of the City of Southlake are expressly saved as to any - and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed 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 onetime within ten(10) days after passage of this ordinance;as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. • • PASSED AND APPROVED on the 1st reading the day of 1995. • MAYOR ATTEST: CITY SECRETARY S G:\O R D\CAS ES\480-189.2RD Page 4 7A-7 PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: • G:\ORD\CASES1480-189.2RD Page 5 7A-8 EXHIBIT "A" • BEGINNING at a 5/8" iron found at the Northeast corner of the above referenced tract. said point being East 474.39 feet and South 1146.25 feet from the Southwest corner of Lot 1 of A. H. Chi-vers No, 219 Addition 'to the City of Southlake d's shogn on on a plat of record in Cabinet A. -Slide 1801 . said point also being the Northwest corner of a tract described In a deed in Volume 3965. Page 29. Deed Records. Tarrant'�County. Texas; THENCE South 172.12 feet along the East line of the tract described In Volume 11136. Page 1654. above refeirenced.. and the West line of- the tract described -in Volume 3965. Page 29. Deed Records. Tarrant County. Texas. to a 5/8" iron found at the Southeast corner of same in the North line of an ingress/egress e-asement having a width of 30.0 feet as described in Volume 3292. Page 246, Deed Records. Tarrant County. Texas; THENCE N. 890 - 37' - 59' W. along the North line of said road easement 166.19 feet to a 1" iroi found in same for the Southwest corner of the herein described tract. said point also being the Southeoat' corner of a tract described in a deed in Volume 9477. Page 2'280. Deed Records. Tarrant County. Texas; THENCE N. 00 - 03' - 44" E. 172.12 feet to a }" iron set for corner at the Northeast corner of the last referenced tract; THENCE S. 890 - 37' - 59" E. -166.0 feet to the POINT OF BEGINNING and containing 0.656:acres. • S G:\O RD\CASES\480-189.2 R D Page 6 7A-9 City of Southlake,Texas MEMORANDUM January 12, 1996 TO: Curtis E.Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: Second Reading, Ordinance No.480-T Attached you will find Ordinance 480-T for City Council consideration. The City Attorney's office prepared the ordinance in ordinance format since the Council approval of the first reading. The two amendments to the Zoning Ordinance were based on specific occurrences. The outside storage issue was raised by Wal-Mart who requested that ten(10)containers(approximately 8'x 40'x 10')be stored outside their building along the west property line of their property for the purpose of layaway storage from October 1 - December 26. The second issue, placement of satellite dishes at service stations,was raised during the investigation of a code enforcement complaint received regarding the • visibility of the satellite dish at the Texaco station located at the northwest corner of N. White Chapel Blvd. and W. Southlake Blvd. For your reference we have summarized the following Current ordinance provisions related to UTSIDE STORAGE: Section 22.2 (19),C-3 permitted use: "Nursery buildings for the retail sale of plants and accessory items where the les operations are conducted entirely within an enclosed structure. Outdoor storage or sale shall be permitted with is use to the extent that the outdoor sales area is completely enclosed by a fence,wall or screening device." Section 22.2 (23),C-3 permitted use: "Plumbing and heating appliances,repair and installation services.All storage of materials must be indoors within this zoning district." • Section 22.5 (h); C-3 district regulations: "All business shall be conducted entirely within a building. Outside storage and/or display of any type shall be prohibited unless in accordance with Section 38 of this ordinance." Section 38.1: "Outside storage of any goods,materials,merchandise,equipment,parts,junk or vehicles not accessory to a residential use shall not be permitted except when in conformance with the following provisions and criteria." Section 38.3 a: "Outside Storage for the Purpose of Retail Sales-Outdoor storage for the purpose of retail sales shall be allowed under the following conditions: a. Businesses with current certificates of occupancy may display for sale merchandise items traditionally marketed through outside storage not to exceed five(5)percent of the floor area of the business. These items shall include outdoor racks for the display and sale of newspapers,the storage and sale of bundled firewood,prepackaged ice if stored and displayed in a safe,hygienic storage bin or container,and items of a comparable nature. It is not the intent of this provision to allow the outdoor storage or display of traditional prepackaged merchandise that is normally displayed and sold within the confines of a traditional,retail establishment. Christmas tree sales are excepted from this requirement, and such trees may be stored outside for sale beginning one week before Thanksgiving and ending December 31. Items so stored outside must be displayed in a neat and orderly manner." • ,ection 45.1 (29), Specific Use Permits: "Outdoor storage of plants or other greenery if conducted as a portion of le retail operations of another principal use permitted within this district. This specific use permit is designed to permit the City Council to allow limited outdoor garden sales activity in conjunction with traditional retail operations subject to the establishment of safeguards deemed necessary and appropriate to protect adjoining properties." "C-2. C-3, C-4,B-2 districts." 7B-1 . City of Southlake,Texas Curtis E. Hawk, City Manager rdinance No. 480-T nuary 12, 1996 Page Two ************************************************************************************************ For your reference we have summarized the following Current ordinance provisions related to SATELLITE DISHES: Section 34.1 bb(4),Accessory Uses; "Nonresidential satellite dishes accessory to the principal permitted use on site (in the)0-1,0-2,C-1,C-2,C-3,C-4,B-1,B-2,I-1,I-2,HC,S-P-2, S-P-1,CS,NR-PUD(districts),(if the)roof mount type did not exceed 35' in height and the dish size did not exceed 10' in diameter and is located on the rear of the roof not visible from the public R.O.W. in front of the principal structure; (if the)pole mount type did not exceed 35' in height and the dish size did not exceed 10' in diameter; (if the)ground mount type did not exceed 15' in height and the dish size did not exceed 10' in diameter and are located in the rear yard, z from the rear property line and z 10' from the side property line or behind the principal structure but not in the side yard and not visible from the public R.O.W. in front of the principal structure." "All antennas (noncommercial and nonresidential antennas) must be inspected and permitted by the building official in accordance with the city's building code." Section 43.9(c)(1)(b);Corridor Overlay Zone: "Mechanical Equipment Screening:All buildings must be designed such that no mechanical equipment(HVAC, etc.) or satellite dishes shall be visible from SH 114, Carroll Avenue between SH 114 and FM 1709,FM 1709 and FM 1938 and adjacent ROW and/or from property 400'of a property line . of a tract zoned residential or designated as low or medium density residential on the Land Use Plan. This shall 'nclude equipment on the roof, on the ground or otherwise attached to the building or located on the site." 0 ection 22.2 ,22 "C-2" permitted uses: "Filling stations or service stations,operating with or without a convenience ( ) store. Such use may offer gasoline,oil,greasing,and accessories,and may contain a small car wash facility,but may not include fender or body repairs,mechanical services,rear-end,transmission or engine overhaul." Section 20.2(5),"C-1" permitted uses: "Gasoline filling stations that operate in conjunction with small convenience stores. Such use may contain a small car wash facility, but may not include fender or body repairs, mechanical services, rear-end,transmission or engine overhaul." Pending Federal telecommunications legislation per John Pestle,a legal consultant monitoring U.S. Congress action on this matter: Both the House and Senate bills contain provisions purporting to give the FCC exclusive jurisdiction over satellite dish delivery systems. The FCC will likely contend that this allows it to preempt local . zoning and building codes for satellite dishes. Municipalities would no longer have within their jurisdiction the right to regulate the location of the dishes (even those in the front yards so there is a clear vision distance nor be able to enforce building safety codes to ensure that the extra weight of those mounted on roofs will not lead to a building collapse when combined with violent wind storms, accumulations of ice or snow). The FCC proposes preempting the applicability of local zoning codes and building codes on dishes smaller than one meter in diameter in residential areas(and preempt such regulations for dishes two meters and smaller in commercial and industrial areas). Most building and permits fees would be prohibited if the person requested a permit for zoning approval from a community. If no city action within 90 days, such request would be deemed denied and the person could appeal directly to the FCC,which would function as a National Zoning Board to overturn any local requirements. The satellite, broadcasting, and TV industries all want the preemption of substantially all local zoning and building 0 gulations to extend to all radio and television antennas, including transmitting antennas for TV stations; and they ked that the 90-day "presumptive denial" time period be reduced to approximately 30 days. 7B-2 City of Southlake,Texas Curtis E. Hawk, City Manager 0a rdinance No. 480-T nary 12, 1996 ge Three Additional Legal Commentary offered by Harvey S. Moskowitz and Carl G. Lindbloom in The New Illustrated Book of Development Definitions: Recent court cases have shown that local control of satellite antennas may be upheld if the local ordinance is crafted to meet the following three-point test: 1) The ordinance should not differentiate between satellite dish antennas and other types of antennas; 2) There should be a reasonable, clearly defined health, safety, and/or aesthetic objective as the basis for the ordinance; and 3) The ordinance should not impose unreasonable limitations on reception or impose costs on the user disproportionate to total investment in antenna equipment and installation. P & Z COMMISSION ACTION: On October 19, 1995, the Commission recommended denial (7-0) of both proposed amendments due to the provisions adopted in the.Corridor Overlay Zone and those proposed in the Neighborhood Preservation Ordinance. Due to their recommendation to deny, a super-majority vote of the Council will be required to approve the proposed amendments. CITY COUNCIL ACTION: On November 2.1, 1995 and December 5, 1995, the City Council tabled the First Reading, Ordinance No. 480-T due to lack of a super-majority vote being present. On December 19, 1995 City Council approved(6-1)the first reading of Ordinance 480-T.On January 2, 1996,the City.Council tabled the Second 41/ ading due to lack of a super-majority vote being present. TAFF COMMENTS: Please see attached letters from William B. Kemp and Rex M. Potter. /ea KPG G:I ORDIZONINGI480T MEM4 • 7B-3 ILL Iva . llec LtS.yJ 1J=1L rvu .u14 r .u4 ORDINANCE NO. 480-T • AN ORDINANCE AMENDING ORDINANCE NO.480,AS AMENDED,THE COMPREHENSIVE TONING ORDINANCE OF THE CITY OF SOUTHLAKE,TEXAS,BY ALLOWING OUTSIDE CONTAINER STORAGE FOR RETAIL SALES AS A SPECIFIC USE PERMIT IN THE "C-3" GENERAL COMMERCIAL DISTRICT; BY PERMITTING SATELLITE DISHES AS PERMITTED USES IN CERTAIN NON-RESIDENTIAL ZONING DISTRICTS;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 PAMPHLET FORM;PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE • WHEREAS, the City of Sonthlake,Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake has heretofore adopted Ordinance No. 480, as amended, as the zoning ordinance of the city; and • WHEREAS, the CityCouncil of the Cityof Southlake now deems it necessary to rY amend Ordinance No. 480,as amended, to permit outside container storage for retail sales as a specific use permit in the "C-3" General Commercial District and to permit satellite dishes as permitted uses in certain non-residential zoning districts; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendments of the zoning ordinance as required by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTIIIAKE, TEXAS; \elzke\o anc\4804.002(12-27-95) _....,.__i1... 7B-4 ILL No . Dec L •J ID- 14 fill .U14 r .uD SECTION 1. • Section 20.2"Permitted Uses"in the C-1 Neighborhood Commercial District is hereby amended by revising permitted use a.5. to read as follows: "5. Gasoline filling stations that operate in conjunction with small convenience stores. Such use may contain a small car wash facility, but may • not include fender or body repairs,mechanical services,rear-end,transmission or engine overhaul. One (1) antenna not exceeding thirty--five feet (35') in height, if ground-mounted, and one (1) meter dish size if roof-mounted may be placed on site for the purpose of verifying customer credit information." SECTION 2. Section 21.2'Permitted Uses"in the C-2 Local Retail Commercial District is hereby amended by revising permitted use 22. to read as follows: "22. Filling stations or service stations, operating with or without a convenience store. Such use may offer gasoline,oil, greasing and accessories, and may contain a small car wash facility, but may not include fender or body repairs, mechanical services, rear-end, transmission or engine overhaul. One (1) antenna not exceeding thirty-five feet (35') in height, if ground-mounted, and one (1) meter dish size if roof-mounted may be placed on site for the purpose of verifying customer credit information." 411, SECTION 3. • Section 45.1 of Ordinance No. 480, as amended, is hereby amended by adding the following specific use thereto: SI'ECWIC USE 1IST! 1Cr MIERE Win 38. Outdoor storage for retail purposes, C-3 . subject to compliance with the following provisions: fAfiles\gake\ordinanc,4604.002 02-27-95) 2 7B-5 Dec 'Reis 15'.!Z NO•iIL4 TEL No . a. The storage must be in conjunction with a single tenant structure that exceeds 100,000 square feet V 1, off of floor area. �� (� I) 111 JU0 b. The total area of outside storage shall not exceed one percent (1%) of the lot area. \./`z15"- c. The outside storage area mustbe located behind the front facade of the building, in the side or rear buildable area, and shalinot encroach into any required setba'k or designated fire 21ane. d. A screening fence or wall not less than six feet (6') nor more than eight feet (8') in height, constructed of masonry or woad in combination with a metal frame and an opaque gate shall enclose the storage area. SESTIIN 4. This ordinance shall be cumulative of all provisions of ordinances of the City of Southiake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such • ordinances are hereby repealed. 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,paragraphs and sections of this ordinance are severable,and if any phrase,clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the fAraJeslAskeNonithanc\4804.002(12-27-94) 3 S 7B-6 I L_L IYU a • not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance; since the same would have been enacted by the City Council without the • incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, • ID paragraph or section. SECTION 6. Any person, firm or corporation who violates, disobeys,omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars($2,000.00)for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance;and, • as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not,under such ordinances,same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION & The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. Wiles\sink\ordistine\4804.002(12.27.95) 4 • 7B-7 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 or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 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. 11111 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1995, MAYOR ATTEST: CITY SECRETARY r•1mesUlaketo«d nanc‘48O4.Qe2(rz-27!&S) 5 • 7B-8 TEL Na . Dec 28 ,95 15:06 tdo .013 P .09 PASSED AID APPROVED ON SECOND READING ON THIS DAY OF 1996. MAYOR ATTEST: CITY'SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney • r:\fI dmice\ordi \48O-c.00z(12-27.95) 1111 7B-9 , 01/02/96 07:59 72214 830 1120. UAL LA DIV WILLIAM B. KEMP 400 SOUTHRIDGE LAKES PKWY. SOIJT LAKE.TEXAS 76042 (817) 329-6015 December 30,1995 City Council • City of Southlake 667 North Carroll Avenue Soutlilake,Texas 76092 Dear Councilmembers: I am adamantly opposed to Ordinance No. 480-T, which would provide special treatment to Walmart and the Texaco at Whites Chapel. I frankly am amazed that Council passed this ordinance at first reading. The citizens of Southlake have spent substantial effort supporting the enactment of ordinances that will encourage quality development and preserve property values. The members of Council have been instrumental in this critical process. This ordinance represents a major setback to these efforts. From a procedural perspective, the ordinance was not available until December 29. It was passed at first reading without being in ordinance form- As I read the Southlake Charter,sections 3.12 and 3.13 require that proposed ordinances be introduced in the form required for final adoption. Section 3.13 makes it dear that an ordinance is "introduced" before the,first reading. Thus if all else fails,I intend to take the position that the ordinance if adopted at the "second reading"was adopted illegally. nave been advised that it is frequently the practice not to draft an ordinance until second reading. I strongly urge you to stop this practice. If an ordinance is not important enough to be prepared in.final form, then it should not warrant consideration. Planning and zoning rejected this ordinance 7-0. This body, which I do not consider to be favorable to aesthetically oriented regulation, apparently-gook 15 minutes for deliberation. I assumed that it would be rejected by Council and instead have been focusing my volunteer efforts in more productive areas. I understand that the ordinance was adopted at 12:30 AM and that it had been tabled twice before. This approach creates the perception that Council is not concerned about the views of the residents. An ordinance prohibiting outdoor storage.is essential in order to preserve the appearance of a city. Adoption of an ordinance that carves out a particular entity from coverage by the ordinance should be undertaken only if there are overwhelming reasons therefore. Walmart has not presented those reasons. II/ Page 1 7B-10 01/02/96 08:00 Tr214 830 1120 CALTEX TAX DI4 144UU3 Walmart is the very store that caused the public outcry that lead to adoption • of the Corridor Overlay Zone ordinance. Walmart violated the outdoor storage ordinance by bringing in storage containers as soon as the building was completed. In my opinion Walmart has failed to show any respect for the desires of Southlake residents regarding the appearance of their city. Walmart says they want to use these containers only for layaway storage. Why didn't they build the building large enough to accommodate this need? Did they not know when they built the building that they might ha';e a need for this use? Of course they did. The ordinance was in effect long before Walmart considered Southlake for their store. They are simply trying to cheat Southlake and the school district out of real property taxes. The Target store in Grapevine is probably the dosest competitor to Walmart. Have you ever seen outdoor storage containers behind the Target? I never have. I assume that Target offers layaway to their customers,just as most stores do. Selecting Walmart for favorable treatment is arbitrary. If this exception becomes law,how do you propose to respond to the next retailer that comes to Council asking for an.exception? What will be the legal basis for denying outdoor storage to a retailer with a store that is 30,000 sq.ft.? The ordinance is poorly drafted. It provides for a maximum 8 foot high fence. The containers are 8.5 feet high and you can see the tops of them as you drive east on FM 1709. Did anyone bother to measure them? Walmart only asked for permission to have 10 containers for part of the year. The ordinance does • not limit the time and appears to allow for about 30 containers. The citizens of Southlake will be very impressed by the sight of the tops of 30 containers as they drive down FM 1709! The second exception in Ordinance 480-T for the antenna at the Texaco station is equally unjustified. The antenna is located at the edge of the structure so that it is dearly visible. I would assume that it could be relocated to the middle of the roof and covered in a manner similar to that required by the Corridor Overlay Zone ordinance. Why did the owner not take such action when the antenna was first installed? The Corridor Overlay Zone ordinance requires screening of antennae. It was only recently enacted._Is Council now sending the message that visible antennae on commercial buildings are appropriate? All retailers will have a need to verify credit information so it won't be long until they all are coming in to Council asking for an exception. What grounds will you have to deny their requests? Continual exceptions and variances will undermine the efforts that have been made to adopt ordinances that require quality development. These exceptions and variances reflect the good old boy approach that Southlake has now outgrown. Page 2 I - 7B-11 I urge you not to adopt this ordinance. If you intend to vote for this • ordinance, I would like to have the opportunity to discuss this matter with you before the ordinance is considered at second reading. Thank you for your consideration of my concerns. Sincerely yours, yl�i hiam B. Kemp cc Greg Last • Page 3 S 7B-12 COPY A • January 1, 1996 ' SEC.er TA r ff City Of Southlake 667 North Carroll Avenue Southlake, Texas 76092 / Attn: Honorable Mayor and Members of City Council Dear Mayor and City Council Members: As you know, I have been appointed to various City of Southlake committees and/or commissions. As such, I must clearly state that the views I am expressing herein . are my own and do not necessarily reflect the opinion of any committee or commission I am affiliated with. The City continues to make substantive strides towards the establishment and adoption of ordinances that foster quality commercial and residential development within the City of Southlake. The establishment of a Corridor Overlay Zone with the adoption of Ordinance 480-S, the recent revisions to the City's Sign Ordinance # 506-A, and the creation and adoption of a new Driveway Ordinance #634, collectively demonstrate our 0 dedication to ensuring and preserving high quality of life standards within our City. I applaud all of the .volunteers, staff, Mayor, and City Council members who have contributed towards this significant accomplishment. The City Council is currently considering modifications to the Zoning Ordinance which will permit: (1) outside container storage for retailers in the "C-3" General Commercial District, and (2) certain satellite dishes as permitted uses in certain nonresidential districts rather than permit them as accessory uses. I believe the proposed ordinance modifications provide preferential treatment to the large commercial retailers, are inconsistent with citizen and City Council desires for quality development, contradict the essence and intention of the previously adopted Ordinance 480-S, and provide no value to the City or its tax base. The ordinance modifications regarding the outside storage containers were developed at the request of Wal-Mart to accommodate their "layaway" items during the Christmas holidays. As such, I would like to make the following comments: (1) Unlike most major retailers, Wal-Mart utilizes outside storage containers versus developing a warehouse system: One can imagine the eyesore development that could evolve if all commercial retailers such as Sears, Target, M. J. Design's, J. C. Pennys, etc. took this approach to warehousing. With the abundance of Wal-Mart stores in the region, it is financially viable for Wal-Mart to pursue a warehousing system for seasonal and non- 0 seasonable merchandise while not disrupting quality development within cities. 7B-13 • Page 2 of 3 (2) The Southlake Wal-Mart store is relatively new. As such, Wal-Mart must have planned for the use of outside containers, knowing the City's ordinance does not allow them to do so. This is not surprising since many of our current zoning ordinances have been instigated as a result of Wal-Mart's insensitivity to Southlake citizen's desire for quality development. (3) Utilization of outside containers denies the City its much needed property tax revenue. To say "Denial of the storage containers will reduce Wal-Mart's sales and subsequent City's sales tax" is blatantly misleading and incorrect. As with any major commercial retailer, Wal-Mart will find a way to continue, or for that. matter, increase its sales over time with or without its outside storage containers. It is extremely unlikely that • Wal-Mart will turn away business do to lack of on-sight storage facilities. (4)_Ordinance 480-S addressed various aesthetic issues such as masonry requirements, • mechanical equipment screening, building facade articulation, exposed columns, landscape standards, loading area screening, etc. The proposed zoning modifications contradict the essence and intention of the Ordinance 480-S zoning regulations. No retailer will be able to effectively screen the use of outside storage containers. III (5) Many of the City's zoning regulations are burdening the small commercia l retail developers. These proposed zoning modifications also burden the small retailer. They give preferential treatment to the large commercial retailers with large floor square footage, thereby, causing unfair competition towards the small Southlake businessman. (6) These proposed zoning modifications open Pandora's Box on outside storage containers to other large commercial retailers such as Home Depot, Office Depot, Garden Ridge, etc. I don't believe this is what the citizens of Southlake want or need. (7) Directly south of the Southlake Wal-Mart store is land zoned for industrial use. Wal- Mart could effectively build a. storage facility within close proximity to their store. This action would support Wal-Mart's needs while providing the much need property taxes to the City of Southlake. Thus far, I have predominantly addressed the proposed zoning modifications regarding outside storage containers. At this time, I would like to address the proposed zoning modifications regarding the screening of satellite dishes. It is my understanding that these modifications were developed as a result of the Magic Mike's Texaco fuel pump issue. As such, I would like to make the following comments: • 7B-14 • Page 3 of 3 (1) Satellite dishes and other electronic communication devices are here to stay and will continue to experience significant growth in the future. Ordinance 480-S specifically and effectively dealt with this issue. I have seen nor heard anything that should change the previous zoning ordinance decision. (2) It appears that retailer economics have driven this retailer to not abide by Southlake's current zoning. Is it more appropriate for a retailer needing a satellite dish for customer credit information than it is for other establishments such as freight carriers, TV sales and service, restaurants, etc. (3) Those of us who readily drive by this establishment are tired of seeing this satellite dish eyesore and find it unbecoming of the City. In summary, I believe the adoption of these proposed zoning modifications will undermine much what the City has already accomplished. I believe the proposed ordinance modifications are unwarranted and should not be adopted. Should you have any questions or need additional information, please give me a call at (817) 488-1760. Sincerely, Rex M. Potter cc: Curtis Hawk, City Manager Shana Yelverton, Assistant City Manager Greg Last, Director of Community Development • 7B-15 City of South lake,Texas MEM • RANDUM rJanuary 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 95-124, Concept Plan/The Southlake Center at Kimball REQUESTED ACTION: Concept Plan for The Southlake Center at Kimball, being 4.4882 acres situated in the S. Freeman Survey, Abstract No. 525, Tracts 6, 6B, and 6C,the G. W.Main Survey Abstract,No. 1098,Tracts 2B, 2C, 2C1 and Lot 1, Block 1, Carrick Press Addition as recorded in Cabinet A, Page 385,Plat Records, Tarrant County, Texas LOCATION: Southeast corner of South Kimball Ave. and East Southlake Blvd. (F.M. 1709) OWNER: Royal Properties IPAPPLICANT: Hodges &Associates CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use/75 Ldn Contour CORRIDOR DESIGNATION: Retail Commercial NO.NOTICES SENT: Eleven(11) RESPONSES: One(1)written response received within the 200' notification area: • George Allen, 11300 N. Central, Suite 407, Dallas, Texas 75243- 6712, in favor, "development comparable with Land Use Plan". P &Z ACTION: January 4, 1996; Approved(4-2) subject to Plan Review Summary No. 1 dated December 29, 1995, amended as follows: 1) deleting the bufferyard on the west line of the travel agency site and along the east line of the bank/retail site in items#3B and#3C; 2) west driveway entrance be shown as the diagram with full access(in reference to item#6); • 3) move the eastern driveway entrance to the east property line so that it is a common access driveway to be shared with the property to the east, designate it as a right-in/right-out access only, and address the 7C-1 MEMORANDUM �CURTIS E. HAWK A95-124, CONCEPT PLAN JANUARY 12, 1996 PAGE 2 driveway throat depth requirement at Site Plan; 4) provide a common access easement across the front of the four properties, connecting the driveways and the property to the east; 5) at the Applicant's request,provide a 6' (six foot)wooden fence along the south property line adjacent to the Carr property; and 6) motion for approval is with regard to the submittal presented which showed additional landscaping to the east of the travel agency building and south of the bank/retail building. STAFF COMMENTS: ' The Applicant has met all the review comments of the Plan Review Summary No. 1 dated December 29, 1995 with the exception of the items addressed in the Plan Review Summary No. 2 dated January 12, 1996. KPG/ls OG:\WPF\MEMO\CASES95\95-124C.1 CC i 7C-2 I 1 t �,•�+/A\NiN4 1 SC1C . i..,,,.„,....,-. ,, ,,:,,. ,C.-s. 1�„11 1111 , `s �" 1 �.,5020 En / `�` J`1H A ' �``. `. 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SL. i iW.' 1 IS l i i i i i j ; % p % ' l' I A li 1 If CITY ij 61, 1 I ! i o 11 = j Y 6K1 SI 1 1 1 I l m 20 Ac l ��.. flD5A1 �; .....___1.....___1383 3 1 GRAPEVINE LIMIT HALED t A�RAP180P/ST 6A1 11 INDUS1 1 L BLw - i 1% S 6'0AC 683 68 6131 Pit rj 1,�l4. 2C{ I 6c 60 6E B IN ___ 'i t GRE�}A�po 61 A� • ?R�L 10 rS 13.4 Ac �, ?PIS ( ;\; M`' ►NDU C' I r, AI sr j- 4A ri i i F. TRACT MAP _ _ IL= ION t<,1�,imimbr 6.3 Ac azm Ems 1B tswA p NCI. 1 - ) '-t.:r=' 4f� te,oC .,e,ac E 66ct 15.8 Ac • R r IB12 c LW 106E • 28 -..., ;'`-- Tm �] �'-IE stadm .�C 106E 71'-i i' I ®*i 1 M 1:t06H tat ��-� �� , ADJACENT OWNERS 0 AND ZONING i I \ \- — h 1\ I n.. _______ : . . . _ . j . _ _ K \ N\ Pc • _ r , ,_ \ Spin #7 Representative P1---- Peter Sporrer • 3 LLI 333 7 r$) -15). __ m . .__ J c-,\ \ 333A W 3- „C_3„3 3 2 m „C_3„ "C-3"i Bluebonnet Rd. I C. Lam Partners J. Parker L Tarrant Co. •_ . iS 1E2 �- ��, 1K. - ,-,7. tate of Tok \ Fi. Bunch $\ J CS as R,o „AG,,, 1 L\ C Church of /rChrist i�Ji I, , - �� R.O.W._ ...._ rIfil , __,, . Our King _ I'or 2A3A1 ,, 131 Southlake—Kimball) Q Venture Q m H. Carr! R. Lyford J. Ezell > Y 2 „AG„I „C_2„ „AG„ iC v) III 2A , C I nn 7A 7C-4 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY case No.: ZA 95-124 Review No: Two Date of Review: 1/12/96 Project Name: Concept Plan - Southlake Center at Kimball, 4.4882 Acres, Samuel Freeman Survey Abst. #525, the G.W. Main Survey Abst. # 1098, and Lot 1, Block 1, Carrick Press Addition Cab. A, Slide 385, P.R.T.C.T. in the Thomas East Survey Abst. #474 APPLICANT: ENGINEER: Royal Properties Hodges & Associates, Architects and Planners 11300 N. Central Expwy., Suite 407 13642 Omega Dallas. Texas 75243 Dallas, Texas 75244-4514 Phone: Phone: (214) 387-1000 Fax : Fax : (214) 960-1129 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/08/96 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 HILLOUGH AT(817)481-5581,EXT.787.CITY 1. Show the approximate extent of existing tree cover on the site. 2. The following changes are needed with regard to bufferyards: A. Provide a 5' Type'A' Bufferyard along the east line of Lot 3 and along the west line of Lot 4. B. Remove the parking stalls from the locations of required bufferyards. Parking stalls are shown within the required bufferyards along the following lot lines: 1. Portions of the east line of Lot 1 (5' Type 'A' Bufferyard Required). 2. Portions of the west and east line of Lot 2(5'Type'A'Bufferyard Required along each line). 3. A portion of the west line of Lot 3. (5' Type 'A' Bufferyard Required). 3. Label the bearings and distances of the overall site boundary on the graphic. 4. Label scaled boundary dimensions of each pad site on the graphic. 5. The following changes are needed with regard to driveway entrances: A. Provide the distance to the nearest existing driveway entrance centerline south of the site along east line of South Kimball Avenue if less than 250'from the proposed driveway entrance onto South Kimball Avenue. Please note that the adjacent property to the south shown as the Southlake Kimball Joint Venture tract has submitted a Concept Plan for City approval proposing a driveway entrance onto South Kimball Avenue approximately 140' south of the proposed driveway entrance shown on this plan. The Driveway Ordinance No. 634 requires that driveways intersecting S. Kimball Ave. have a minimum centerline spacing of 250'. 7C-5 City of Southlake,Texas B. Provide the distance to the nearest existing driveway entrance centerline east along the south line of East Southlake Boulevard if less than 500' from the proposed easterly driveway entrance centerline onto East Southlake Boulevard. C. Provide driveway entrance spacing along East Southlake Boulevard according to the requirements of the Driveway Ordinance No. 634. Proposed Driveways onto East Southlake Boulevard do not meet the minimum required centerline spacing as follows: 1. The westerly driveway entrance does not meet the minimum 500' spacing requirement from the east R.O.W. line of South Kimball Avenue (shown at approx. 300'). 2. The two proposed driveway entrance centerlines do not meet the minimum 500' spacing required between full access driveways (shown at approx. 275'). Please note that if one of the driveway entrances is limited to right in/right out only a minimum 250' spacing is required between the driveway entrances. D. Provide driveway entrance throat depths for traffic stacking in accordance with the Driveway Ordinance No. 634. Based on the apparent number of parking spaces provided and the proposed number of driveway entrances shown, 75'throat depths measured from the right-of- way line is required for each driveway. the applicant has provided driveway entrance throat depths of approximately 50'. 7C-6 City of Southlake,Texas * All driveways accessing F.M. 1709 will require a separate driveway permit from TxDOT. • Staff recommends that the applicant change the name of the project. Similar names already exist. * Although no review of required interior landscape is provided at the Concept Plan level, staff strongly recommends that each lot be evaluated for compliance with the interior landscape area requirements per the Landscape Ordinance No. 544 prior to preparation of any site plans for the individual lots. Landscape and irrigation plans meeting the requirements of Ord. 544 will be required prior to the issuance of a building permit. * Adequacy of parking will be determined upon submittal of the development site plan. A summary of square footage by use will be required to determine parking requirements. * Building articulation requirements of Ordinance No. 480-S, Corridor Overlay Zone, will not be reviewed at the Concept Plan level. This issue will be addressed upon review of the Site Plans. * It appears that this property lies within the 75 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit, a plat must be submitted for approval and filed in the County Plat Records, a site plan, landscape plan, and irrigation plan along with the 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. * Although not required by ordinance, staff would appreciate placing "Case No. ZA 95-124" in the lower right corner for ease of reference. * Denotes Informational Comment cc: Royal Properties • Hodges &Associates, Architects and Planners G:\W PF\REV\95\95-124CP.W PD 7C-7 . OPT Lw' \ Gene ZOO.E. • AM..,PPOMAIIY. ' LTD. t JAN 0 8 1996 t ,..... LL+Li I L i 0C: Sp \\ \�'�M\\hr '�\�(� \'\-\, STOOL LGE80 Oeetto 0 Cl 0 a...er \'\, 0 tea.Bne n.�osc+e OWEN OES _ •� O sees .••! ,—4 .ef n oaf' •e�•iiiiii• ��+. \'\. i J ii16CC •'1 ate•' mr•i • ❖i•oi ii i: l ♦ •i.•M b 41 I �** , /OBM!!LITER ¢I �lD�•.• i •♦.• • b W per 0• .... 4, ••• .. —•4eia . �♦ I ••• �� `�• . .• wN�Rnb IN ♦� • : a _ MO 8F I ti 5 ►1 Ai, '� t../-sw`r,me sa° mtirw. / ♦t•••; nre Barm.ke L Nato ..),.. 111111611 0 oo jd Kim Ji1 • Lar2 .♦♦� igisitif �� - . . !, •••••••••• K • • • • at IMACCOMWEir 0 it h. 4* iit / i '�- I t..cra i �� 7! / BANK LOT / A ssoo ea �,04 9 0 E BUL. a j / f i•1 1/IC�STY MAP —TT1T1 IT1- ;�% ` L��'''�•: � .e�. o �. Owner LMOYMe®.,,, ►•• • �: , : TRAVEL „D,DmR ten-, .•*•e�• / ; AGENCY ben-. Royal Properties Mlle "'® / KOMI eerxSurwm 1xt00 N.Central Expwy. oasnotuno•s.Da i• • • ••''! •• 1 . Luny°",n.�Nee CO &to 407 • CUD. ►-'•'• • ' / ;��ik . Dales,Texas 75243 t; cor.w / ►, . . . . . . . , The SoutNake Center at Kimball n C CONCEPT PLAN ► . . . . . . . . . . . . . , Sout lake,Texas .-•.•.-. .•.•.••-•.•.•:.•.•.-. . Tarrant County j : o a so do xq ♦�/42136.X.WI •e•�•�•JYG�•=•�•=••'•=•=❖�•i 1�•�•e•�•�1�!�•�•�•�•;�•e•'••�•I•�•e••'•�•��' Net Acreage;•��•�•� a9s 4.4 AC .b1.RWODY. - - Zoned C-3, Mixed-Use Designation 3.,..etree AOwo.nea LYD.ILMO la • ______ =77 Hodges & Associates SCHEME r'—t -rz C�1 j:±s° ' °O°Me ,r.D,w,.1w .m viers rnM Inns 2 it. 0. City of Southlake,Texas MEMORANDUM • January 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 95-125, Concept Plan/Primrose School REQUESTED ACTION: Concept Plan for Primrose School, being 1.7892 acres situated in the G. W. Main Survey, Abstract No. 1098, Tract 2E LOCATION: On the east side of S. Kimball Avenue, approximately 300' south of the intersection of South Kimball Ave.and East Southlake Blvd. (F.M. 1709) OWNER: Frank Cangelosi APPLICANT: Patrick Saucedo CURRENT ZONING: "C-2" Local Retail Commercial District 4IFLAND USE CATEGORY: Mixed Use/75 Ldn Contour CORRIDOR DESIGNATION: Retail Commercial NO.NOTICES SENT: Five(5) RESPONSES: Two (2)written responses received within the 200' notification area: • George Allen, 11300 N. Central, Suite 407, Dallas, Texas 75243, in favor, "development comparable with Land Use Plan". • Janice Miller, 165 S. Kimball Ave., Southlake, Texas 76092, is opposed, "I prefer not to have screaming children next door to my property, along with 50-90 automobiles coming and going twice daily. Even if property owner built a high fence, it still would not eliminate the noise or fumes from automobiles. I oppose vehemently." P &Z ACTION: January 4, 1996; Approved(4-2) subject to Plan Review Summary No. 1 dated December 29, 1996, amended as follows: 1) provide a 6' stockade fence adjacent to the play area beginning at the north property line along the east and south property lines 711 2) accepting the driveway location as presented. 7D-1 MEMORANDUM CURTIS E. HAWK A95-125, CONCEPT PLAN 4IIIJANUARY 12, 1996 PAGE 2 STAFF COMMENTS: The Applicant has met all the review comments of the Plan Review Summary No. 1 dated December 29, 1995 with the exception of the items addressed in the Plan Review Summary No. 2 dated January 12, 1996. KPG/ls G:\WPF\MEMO\CASES95\95-125C.1CC • • 7D-2 • L---1};,4NJW1 I .,..., /'�ti SCIG SCIH, 1J al I 7A II•••,,�f:� �� { 5026EEE �) 8.75 Ac Val '`-• '1^. •Nr' `.. I 7Aa 1 i°N 5A2 �/ C.` J 5C1G2iid pw�` •, x 59 t,. 4-% - t' �i .._261 . .% r MA 84I A T 1 3L 3 '1" • •I ouccaco� 1 .•• ' 1 ADS �c 1A SCI �,W1 1111 8 _. �WLY� _ �' • 11 T BW 8W2� 7.- i. -�!'C\ ' in IF Ad Ara 58,1111110.1m.......4, ! �. ° � •t�►/.` Apt :Y. r 5A4 1,CUr l..F{ { f. F_ft/I,�. nl • Y Tf1IOIN A*---IIINr Bl1WlIV 2BI 2B1128B 297 2E12'�12 295 .�. eci SURVEY 1 i am.t 282 28 283 289 205 2810 1234 NZ'•' • i—A.---- `,," .•. '•.T4. 1• fJlL.� ' 1A.„,2 ,• 5 1 � ' 1' 2B 2G 2C ZL 2N 25 1 2J V _ , 2B1A 2C1 5 5C1 59,-501. `- `�,' .` 3A2 3A1 MOW" .v 1 , `� "'lu0� 2C{ „t ..-- 1;y0 -'-- inbe '•r' ,. A ZK ® Q 2E 20 2R 2,+ s. , i '•.. Accc.id -'-:' ..-- ' -- MM. -a--- or-- 2Ai 1;3: ..f,str• A ._......_ / 16/1., ‘if i 502 582D fl1N 2A1A BR - --! -- r 2A2 • 111Y - I. 582C £ i •.:`�`• 2A • IN { _ I.._. •-_.� 5828 5B2A i Tr ta:,- T/ri'VIVI AS EWOv U i iommi 10 102 I ,A, I51w1£Y A-45e NORTHWEST PKWY ST � 2E3 2EI4 2£13 2E 9 I 2A1 i ®2E7 Al2 ,. .i F I i { [ •�g N y�tp -_ 1 1 ` AUSTIN PUCE `` L. '• ATE,•000 LANE 2E5 vt'rt° T� ApD �� 303 a..._. } .L' -----1-_.__.L-. w+: �.-, , 2-. �, `• B..-EAST SO,IT,UKE BLVD. 1 .' a 1 i • Ce _ -y �.i i i i i ,t3�' 1 • ZC 2 2B 182 1 •,,• 3`J 1j" �..._ 162B '' ,.1�11'�� . ,R,,' .IA • i i i ,3 3E 3C 38 8B ' r 15Ac � 31yy/` E4i 00 --- --,-- R 2A3A1 `,�,, SEv i - V I19 .i 6AlA. A. m 2A3 MA z wit, Its 7p18 361 _ .� �� •-- 3 Ac 1 1 0 2 — IC 3A 11`1 1 1 1 I •� r � G IL. 11A 11B 1 i i i I i i i IIE 0J pl!' 'i'J7J1- '!I" 1 ._.._.__._-._ 3A lA -•- WRAC' A-474 i i )INN i1 Ffi1=E� I h •--'->. yi :•x�.. _ A`n 1 w -.-_.__._-._ 13.6 Ac 1r149- - 5 ITT'__' .._._.., , , , , 1 i i JO NO 1 i _ 3 :;7i14r/r1 ;101 2 L-._._ i- co ) EY E 6K1 (;'Y W. { 1 ®;m $LELHAIZt FI VU -._._., i y" 20 Ac , ' ._1105At _ 1184 y i i i !- ��.jII�///G��\n11I1 �� C �� I 363 3 I GRAPEVINE CITY LIMIT • •YWL�J 1`�--7 :: ; i '1 A-A0.R 1 ? 1:� 3 Ac 6.15 Ac RAINBOW ST. i _..., INDUSIBIAL BLw / r I 26 �2Ctif ------ - , ; // I I >' 1 2C 1 G i' { 682 I 1-.J• 6C 60 6E ST�j1N _-_-_, `ICE D may , 6I Ae e� ��R(A1 /j 10�c' 13A Ac •1 v�e�el� I t i 1` MBA (J" - -` iN" Y - f T� f!' ' • 6F �, 4A •i 2A2i _ TRACT MAP ' I', 2/�'2f• Y =^?F,; ,A '-�-sm te�ut}�'le caoE al I ,u,.. (I \`\- ' - - !, ' -lti{C ,,-1, 6.3 Ac 181P IBKU I�(F 191a -IWO iI .. .--�--WC 1610c -106C2 15.6 Ac • g l iB4O 18/K2 - IBN1 1;6 IB12 IBIS 1186E -�� 1 ._�"�.-- JRM,ry' .-. I& t*IBIG 1858 IH Ip§ 7D-3 �P 1-1 i 1 7:1 1Bi,.' INN las ..... r186R 191 NIr Si r___J . ADJACENT OWNERS • AND ZONING 1 MP \ , , . .0c . _ . , : , . - -- - -- WoN l 3� P 333 V m Spin #7 Representative j 3 7 A W Peter Sporrer ` 3- 332 - - - - m 13 1E2 • \,...fr. _ _ r \ r •Church of I Christ Our King Illr\ p A v Southlake Kimball Venture, "C-3" J ,3i , ) 5 j t II > "CS < > C 3 3 2A3/ 131 =1 °4.\PI-K-Pl \- d c 2A m 2A.3 J. Ezell 7 2 J. Miller H. Carr 3 Ac "SF-1A "AG„cfi 2A S 1 "AG" "SF-1 A" 2A 7D-4 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY ase No: ZA 95-125 Review No: Two Date of Review: 1/12/95 Project Name: Concept Plan - Primrose School, 1.789 Ac. in the G.W. Main Survey Abst. # 1098 OWNER/APPLICANT: ARCHITECT: Cangelosi Enterprises A. I. G., Inc. 305 W. Chapel Downs 1521 N. Cooper Southlake, Texas 76092 Arlington, Texas 76011 Phone: Phone: (817) 265-2415 Fax : Fax : (817) 277-0571 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/08/95 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. Show the Land Use Designation(L.U.D.)of the tracts along the west R.O.W.of South Kimball Avenue across from the project site. ("Ezell"tract L.U.D. = "Low Density Residential", "Church of Christ"tract L.U.D. = "Public/Semi-Public") 2. Label the metes and bounds(bearings and distances)on property boundary. Based on the building height shown,the 40'building setback line along the south property line is incorrect. Properties within the Corridor Overlay Zone which are adjacent to residentially zoned property or property having a residential Land Use Designation,and have a building exceeding 20' in height cannot encroach a 4:1 slope line from the property line which adjoins the residentially zoned or designated property.The proposed building is shown to be 20'-10" in height.Correct the building setback off of the south property line or change the proposed building height if this is in error. 4. Correct the graphic label of the bufferyard along the south line of the site to reflect a 10' Type 'F1' Bufferyard. 5. Clearly label the location of the trash dumpster and compactor referenced in "Notes 6 & 7" on the graphic. Locate the trash dumpster and compactor at the rear or side of the building and provide a minimum 8' screen wall which is gated and constructed of a masonry material similar to the primary structure.Please note that the 6' screen wall or plant material described in "Note 6" does not comply with the requirements of the Corridor Overlay Zone Regulations. 6. Show the approximate extent of existing tree cover on the entire site. 7D-5 City of Southlake,Texas * Please note that the adjacent property to the north shown as Tract 2B has submitted a Concept Plan for City approval proposing a driveway entrance onto South Kimball Avenue approximately 140'north of the proposed driveway entrance shown on this plan.The Driveway Ordinance No. 634 requires that driveways intersecting S. Kimball Ave. have a minimum centerline spacing of 250'. * Building articulation and masonry requirements of Ordinance 480-S, Corridor Overlay Zone will not be reviewed at the Concept Plan level. This issue will be addressed upon review of the Site Plans. * It appears that this property lies within the 75 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Although no review of required interior landscape is provided at the Concept Plan level, staff strongly recommends that each lot be evaluated for compliance with the interior landscape area requirements per the Landscape Ordinance No. 544 prior to preparation of any site plans for the individual lots. Landscape and irrigation plans meeting the requirements of Ord. 544 will be required prior to the issuance of a building permit. * The applicant should be aware that prior to issuance of a building permit, a plat must be submitted for approval and filed in the County Plat Records, a site plan, landscape plan, sign plan, and irrigation plan along with the 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. Adequacy of parking will be determined upon submittal of the site plan. A summary of square footage by use will be required to determine parking requirements. * South Kimball Avenue is indicated as an 70' R.O.W. according the City approved Thoroughfare Plan which requires a minimum R.O.W. dedication of 35' from the centerline of the apparent existing R.O.W.. If the opposite side has already dedicated R.O.W. per the Thoroughfare Plan, this project should show a R.O.W. dedication which provides for the ultimate required 70' R.O.W.. * Although not required by ordinance, staff would appreciate placing "Case No. ZA 95-125" in the lower right corner for ease of reference. * Denotes Informational Comment cc: A. I. G., Inc. Cangelosi Enterprises G.\G: WPF\REV\95\95-125CP.WPD 7D-6 _____ TRACT e.I-ZW®=M7'—_---_—`__-_ _ - • Jaw a•ALLY N.e9ELL I II 50.1114-AKS Bus --- XY�AF.iEEnAN OD¢9£T AE1wACi 519 _ - ---` 1111 .. om / O OF OmOT WN�rG I:I iI I Ir.] ,.. KIMBALL AVENUE --- ----- �' J1�N 0 8 1996 -—-— —- ins erw TO rear exlcia®aT mle o• -ve7 :o: - _' MM a111 ~� �` �)� I, CI•N L,L CP _ _`+ fr,,,..42.5 N 00'00'00'E 163.13' I mow• _________ ‘4,7. .7.21-61-_rnr..."..71-7:-:O. ..--...-..,. ) u .. ity014 0 li'_\::, J . RCNr llar EL�.`G 5=':�eec y ( O 20•631�Rta �hid -� � _ ___________________ bIto ( . h � b ern ,, T ` —I-- P6 e DREES ......:•:' 4211) ' PRELP! I_, HAM a b'-.•DUI. TRACT 2-WD.• - ( :{ "NAM U ZCPm' M• ir% 14 :C• •; r Z} 4 \1 1 MLLCw JaMAN 11 �.094ILM AVE. viA. , a --; -, ; , rMa•tEsreaDi 1� _a z04,'BME` . I rvo row 2IJIRXD DLPROZYAJIDB C'AI e-J u ATICW CHART •244 me>< t�j i. •!' aa�ss/eoo Y P :�T n4®ex E,PEeYAND CANOPY ACrB? i 7 I tt*TRACT'J�I l INN umnr.••'e Tomes Tree DRUM ..wm N�..00 t ', t�'1 WAN � �O I `�' ''�ei91.3M s• a • n J "" s.l TRACT?m-,110. rt.olr r-A I , • .4x�yi \ • r/-gym. ,:1/ '4,�lfE�YCC®'G6' •T.,ma 10b , , 3 , icy: 0 I _ f PEftQT.Hd1mY C r2s Cace___ - .n _ it I +IN'.ofbo(boen l� I L? i .1 ADO N.CEATMAL E]mY.•4,1 161 '31 �, MA/sv,.e]Tm • 1 atiR08R 6CHCOL O*sevr L AI-i M11 --+1�amen • 1 rcar PER s PUMA 'e'� oi )..f.� -- 1v..41.....11, :ca�T'nR"`�a'm '�1 , A_N*r . WMACE,I�IRRED a -�aJ '': I.n ®`a ,. OM AMA PSG,iRYD • DO Rp PT.PER P.,.D y9-�u.,o .• a ! cacao .:r!W I� •• Da Cv DS PT.RIGISPm • 1 _ 1 • ,.A..eaPr.PM/O® ^> (r�l I I a(r�- 1 I • 9 z 'rgg I I r ,. I I��-� '��6 ROW 6CHOOL.C*/CUTHL AKIII `a`�I I I 1 - + ! L_ ,�I a �'�9 �.araarnaAu I ' �i `1_�J z-, ice. I �__;ram-f�.` 9 .._ . 1Lw q Pr. WED ACRID/ _ � ' A'X'•V 1 �! '1D,9]gR.M .API.R. . � �'-�' I J:"_Qdl tnq MO.R m•Ia MOLE STORY/.MAN eYDO �'p•I r i.- =ti- :. ==. .-� _ ' \A `Y' _ z YND MANZ•TORT,•MIDI Ea•.vdo/ NRi '-' .J •. ,' c\ti I le •ome.Pws Raau, Ala,A•wows COF�°L. I DE•ANSICN -" , p I- , 'S i A 00 007 TREE EMOTED TREES mw.L D III ACC'G•DANCE ReE•we ISr1 le, PHASE 7L ri, I1 �d \\ I OR rr' I I. tl S `J -I PRIM.NM14042 1E•J1 ZR DI•DO PUPA •MO y 9 I•. 1: _. _ Irk X ,. P VICINITY MAP arse �'I 41 ; " : 31RRD.O WOW-De DOS PPE I . IPwaFE®.ALTER/ADM MD PRDISI,gI RJI.IMQ• �•wme, L, , MAY C APPRORD DT T!&ADM MOPECTtl8 DE.ARDENT �'1' .a •I• q gg j NO PRa DEAR re00. �,'.•0.1 "" mamma. I_':''. is € C I .--.�\ I '1 NOPPE LAMIRRE CE DLL AN11190. t•L-im PE•CPT•TAbAIRDD :rJ. 11 I - I I .T- rovePMI,p.Di1YJ0aA.LGlPRACCOMO4O ; I� i. . , "— I QE.LwRarcrPonePnwoETLrer,TK oow•�r,wT CONCEPT PLAN FOR THE CITY OF SOUTHLAKE DADA•SOIWR PANDERT RPRTrC®FOR A FCAIOMOO ,�.y, `J `. L__,.-.,+,-J •OiDUC DANDER 9EL RATS,PER CET.TAMCAICa 144 LEa ?�I n I '' TARRANT COUNTY, TEXAS ABSTRACT NO. 10IM TRACT 2E Cfd84dH°mm" AT LL�COJ°°"'" =ta J � "�"" w �X 1.789 ACRES (77,936 SQ. FT.) 155 SOUTH KIMBALL AVE. MworAP PANDA MACE•WALL ea Dasnlm'PEfc r• IV IDL.T.n.SE'C.L^C " J ti--�f Nmwrx MA WALL ea oelRratD M ACCC10AN7IUIM DR "l-ti%.i:::,:Sr1;>;r:to-me D Eu+vir uo �" ---�- -- PRIMROSE SCHOOL - SOUTHLAKEM TEXAS - KIMBALL AVENUE Ila WOO CRO 1L '.iii f�!h.1::F.._. ....... ..:1�':� 1Y ''A''Flll'1'L.N.....�P`: •f:.\Tir.'h_•:!'../=SVw��.J� �•1i-RI-IT ESA FOR CO0CCPr FlA9 ^� Ala.1NC. wwelw•POTR•.nm 0.4.1-,Oi aaull•M.-IRO o na ww --—- e' S 00"II'08'E I 24626' am a al (95TX-03) A!�] ..O room tSAlp•Y.NO I.MRp A.TON N4DNY.1DUb A.IX FOOT I l3'UTILITY EASEMENT p. 'gply,9M' -•.-9a RN'S.POI OTT C3RUMR ® lel7' 70011 asa TAU-L.3DOCAr.Saba/R ERADRO 0. I TPROS .Ma KCr MA•LMT.OMNI MIN OAT•u...M DI PRAIDLD TRACT 2A-,11 M • 1 r QRp(R036 PRANCE�3✓DANEft A1CDo Da Ca•,.Aat=R '7ID(®UE3,ZCV�-AO. 6C7 t�OCAC 1 CT.-LO PRESS AOOfUR8,TOR CA6A. 3 n•0 nviu.wsa AL CLmE 336M PATC.T.-W A•"�MS,ZONED'C-3' w]w.cRwa oo.l+s A CDMfaBR M DAD.9VPeC}Ip1 DE•AwR@1T CARPI.MgWNtp E.JR I.EQQY,N.WDY I 39NWJRE II e092 OM•35a101 qCx BOX LOW.MO.=.o.1e3 FOR ERE ACME. DO,,U!.:,^CALL Avc E9 EAD/ W CJN • I :13 N. TMAL E0PT.•401 DALLAe,Taws:!]t3 PRDRi03E SCHOOL i%XCHI$IIiG co. U, OW.96.59TO 40' 80' COPYRIGHT 99 S.ERaN 3IAEQ ®I CONCEPT PLAN I ,II,. 1995 uR<19SMTC ppl9• nen we s- CAM m. �d µ._ee .],]• i SIP ,k,r City of Southlake,Texas MEMORANDUM IIIJanuary 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: First Reading, Ordinance No. 480-Q Neighborhood Preservation Ordinance Draft No. 9b Attached is the Neighborhood Preservation Ordinance(Ordinance No. 480-Q), as recommended by the Planning and Zoning Commission with an affirmative vote of(7-0), discussed at the City Council / Planning and Zoning Commission Joint Work Session on December 14, 1995. Also attached are the following items: City Attorney's response to the ordinance as well as a mark-up of suggested changes to Draft 9b, a cut and paste comparison of the Corridor Overlay Zone requirements with the requirements proposed in the Neighborhood Preservation Ordinance, and all written responses received to date. The purpose of this revision is to preserve and protect existing and planned residential neighborhoods within the City from the possible adverse impact of business and commercial uses developing adjacent to the neighborhoods. Adoption of this revision would establish special neighborhood preservation development regulations such that non-single family development is compatible and complementary with adjoining single family residential properties. These regulations are in addition to those in the underlying zoning district for the non-single family residential use. Following is an executive summary of the proposed regulations: • APPLICABILITY: All non-single family residential properties which adjoin or are within 400' of single family residential property(known as the control distance). • MASONRY REQUIREMENTS: All structures shall have an exterior finish of brick or natural stone covering a minimum of eighty percent(80%)of the area of each facade,excluding doors and windows. • HEIGHT: All structures shall not exceed the maximum height permitted in the "SF-1A" Single Family Residential District. • EXTERIOR LIGHTING: The exterior lighting shall operate in such a manner as to ensure that lighting patterns are directed onto the non-single family residential property and do not directly project onto adjacent single family residential property. • TRASH RECEPTACLES: No trash receptacles shall be allowed within fifty feet (50') of single family residential property. All structures under this section shall construct masonry screening walls S around all trash receptacles. Screening walls shall be four-sided with a gate and shall be a minimum height of eight feet(8'). 8A-1 City of Southlake,Texas • PERFORMANCE STANDARDS: • Developments shall ensure that the disposal of and collection of solid waste,trash and other refuse into trash receptacles or dumpsters does not occur between the hours of 10:00 p.m. and 7:00 a.m. • Developments shall ensure that deliveries made by vehicles exceeding 10,000 pounds gross vehicle weight(G.V.W.) shall not be received nor dispatched between the hours of 10:00 p.m. and 7:00 a.m. • ROOF REQUIREMENTS: The roof systems of all structures shall be of the same type(e.g., gable, hip, shed) and the same pitch(e.g., 6:12, 8:12, 10:12), and clad of the same materials that are found on the majority of single family residential properties lying within the control distance. • If the roof system exceeds the maximum permitted height, a mansard roof system may be utilized if it is enclosed on all sides and that the pitch, height and cladding of the mansard roof is compatible with the roof systems on the majority of single family residential properties within the control distance. • Insufficient Comparisons Available: The roof systems of all structures shall be gable or hip with 6:12 minimum pitch and clad with composition shingles, slate or a man-made slate-like product. If the roof system exceeds the maximum permitted height, a mansard roof system(enclosed on all sides) may be utilized provided that the mansard roof have a pitch between 6:12 and 10:12, a minimum height of twenty-five feet (25') and is clad with composition shingles, slate or a man- made slate-like product. • LOCATION: If the structure to be regulated is located on the same street as single family residential property and if single family residential property is within the control distance, the following shall be required: • Front and Side Yards: The regulated structure shall have front and side yards equivalent to the front and side yards required for the single family residential property, but not less than the front and side yards as required by the underlying zoning district of the regulated structure. • Parking Limitations: If the regulated structure is oriented the same as the single family residential property,no vehicular parking shall be permitted in the area which comprises the front yard of the non-single family residential structure. • Display of Merchandise: If the regulated structure is oriented the same as the single family residential property,the regulated structure shall not display sales merchandise in windows visible from single family residential properties. • Window and Door Requirements: All structures shall have window(e.g., single-hung, double- hung, casement, awning...) and door(e.g., flush,paneled, french...) structures similar to those that are found on the majority of single family residential property lying within the control distance. • Insufficient Comparisons Available: The window structures shall be single-hung,double-hung, casement or awning, and door structures shall be flush, paneled or french. ---- 8A-2 , City of Southlake,Texas • MECHANICAL EQUIPMENT SCREENING: All buildings must be designed such that no roof- mounted mechanical equipment(HVAC,etc.)or satellite dishes in excess of eighteen inches(18")shall be visible(as defined herein). Ground-mounted mechanical equipment and satellite dishes in excess of eighteen inches (18") shall be screened by a wooden or masonry fence or by landscaping material to a height one foot higher than the object being screened. • VARIANCES AND APPEALS: At the time of review of any required Concept Plan or Site Plan,the City Council may grant variances to the neighborhood preservation development regulations if the applicant can meet certain criteria. The City Council may grant a variance by an affirmative vote of ' a majority of the City Council members present and voting on the matter. If a variance application is denied by the City Council, no other variance of like kind relating to the same project or proposed project shall be considered or acted upon by the City Council for a period of six(6)months subsequent to the denial. • CONFLICTING REGULATIONS: The neighborhood preservation development standards shall supersede any other provision established by the zoning ordinance or other ordinances, except that when conflicting requirements are found,the more stringent requirements shall apply. However, the following exception shall apply: Corridor Overlay Zone requirements found in Section 43 shall take precedence if there are conflicting standards with these regulations. On September 29, 1995, Staff forwarded a copy of Draft 9 to one-hundred-forty-two (142) people previously on the corridor mailing list and asked that they submit any comments to us by October 9, 1995. •W To date, we have received three (3) written responses and several verbal responses. Letters from Rick ilhelm, Ed Walts, and Richard Kuhlman are attached to this packet. June Haney asked that the lighting requirements in the Neighborhood Ordinance be as stringent as those requirements in the Corridor Overlay Zone. Several developers asked questions about the impact of this ordinance on commercial development during the Economic Development Roundtable on October 18, 1995. On December 14 1995,the Council and Commission met in a joint work session to discuss Ordinance No. 480-Q. The First Reading was continued until the second meeting in January (1/16/96). Two written responses from William B. Kemp and Steve Yetts of Timarron were received prior to the discussion. As noted earlier, these responses are included with this packet of information. If you have any questions pertaining to the proposed ordinance, feel free to contact me at extension 743. . Uk. KPG • 8A-3 DRAFT 9b • October 10, 1995 1 ORDINANCE NO. 480-Q 2 3 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS 4 AMENDED,THE COMPREHENSIVE ZONING ORDINANCE 5 OF THE CITY OF SOUTHLAKE, TEXAS, CREATING 6 NEIGHBORHOOD PRESERVATION SPECIAL 7 DEVELOPMENT REGULATIONS FOR NONRESIDENTIAL 8 DEVELOPMENTS WITHIN CERTAIN ZONING DISTRICTS; 9 PROVIDING THAT THIS ORDINANCE SHALL BE 10 CUMULATIVE OF ALL ORDINANCES; PROVIDING A 11 SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY 12 FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS 13 CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET 14 FORM;PROVIDING FOR PUBLICATION IN THE OFFICIAL 15 NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, the City of Southlake, Texas, is a home rule city acting under its charter 18 ' adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 19 9 of the Local Government Code; and 2 2 WHEREAS,the City of Southlake has heretofore adopted.Ordinance No.480,as amended, 22 as the zoning ordinance of the city; and 23 24 ' - WHEREAS, the City of Southlake has historically developed as a residential community 25 which is particularly suited forthe development of a quality residential lifestyle.which is separated 26 from non-residential developments which mightiadversely impact said residential neighborhoods; 27 and 28 29 . WHEREAS,several existing and planned residential neighborhoods are located adjacent to 30 properties which are developing or will be developed for business and commercial use; and 31 32 WHEREAS, the city council of the City of Southlake recognizes the vital importance of 33 residential neighborhoods and the need to preserve and protect residential neighborhoods from the 34 adverse effects of adjoining non-single family residential uses; and 35 36 WHEREAS,the city council desires to protect and enhance the attractiveness of the city to 37 visitors; to promote and stimulate the economy; to ensure the harmonious, orderly and efficient 38 growth and development of the city; to preserve property and property values; and to maintain a 39 generally harmonious outward appearance of both single family residential and non-single family 40 residential structures which are compatible and complementary; and o G:IORD I NEIGHBOR I D FT9B.CL N 8A-4 DRAFT'9b • October 10, 1995 1 WHEREAS, the city council desires to adopt this ordinance for the purpose of preserving 2 and protecting the quality of residential life of existing and future residential neighborhoods by 3 adopting reasonable regulations that will promote non-residential development that is compatible 4 and complementary with adjoining single family residential properties. 5 6 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 7 OF SOUTHLAKE, TEXAS: 8 9 SECTION 1. 10 11 Ordinance No. 480,as amended, is hereby amended by adding new sections 8.6, 16.6, 17.6, 12 18.6, 19.4,20.6, 21.6,22.6,23.6,24.6,25.6,26.6,27.6,28.6,29.6, 30.6, 31.4 and 32.4 respectively, 13 and by renumbering the remaining sections accordingly: 14 • 15 "ADDITIONAL DEVELOPMENT REGULATIONS FOR PROPERTIES LYING 16 • WITHIN FOUR HUNDRED FEET(400') OF SINGLE FAMILY RESIDENTIAL 17 PROPERTY" -. In addition to the development regulations.applicable to this district, 18 the development regulations established in Section 37 of the Zoning Ordinance No. . 19nah 480, as amended, shall also apply. 2 214. Ordinance No. 480,as amended, is hereby amended by adding new Section 37, as follows: 22 23 SECTION 37 24 NEIGHBORHOOD PRESERVATION DEVELOPMENT REGULATIONS 25 26 37:1 i PURPOSE AND INTENT - In order to preserve and protect significant 27 architectural and.cultural attributes of the City of S outhlake, the City has 28 determined that it is necessary and .appropriate to adopt specialized 29 regulations to prevent any detrimental impact from the location of non-single 30 family residential uses in proximity to single family residential uses. 31 32 It is the intent of this Section that the development standards set forth herein. 33 shall supersede any other provision established by this ordinance or other 34 ordinances, except that when conflicting requirements are found, the more 35 stringent requirements shall apply. However, the following exception shall 36 apply: Corridor Overlay Zone requirements found in Section 43 shall take 37. precedence if there are conflicting standards in this section. 38 39 37.2 DEFINITIONS-The following definitions shall be applicable to this section. 40 4 Architectural Attributes: Means those physical features of buildings and 4� structures that are generally identified and described as being important PAGE 2 G:IORDINEIGHBORIDFT9B.CLN 8A-5 DRAFT 9b • October 10, 1995 1 products of human thought and action characteristic of a population or 2 community. 3 4 Cultural Attributes. Means all of those physical features of an area that, 5 ; either independently or by virtue of their interrelationship, are generally 6 identified and described as being important products of human thought and 7 action characteristic of a population or community. Accordingly, the term 8 "cultural attributes"necessarily includes"architectural attributes" as that term 9 is defined in this section. The term"cultural attributes" does not refer to the 10 characteristics or beliefs of people who may reside in or frequent a particular 11 area. 12 13 Single Family Residential Property: Means any lot or tract of land upon 14 which a single family residential home exists or any lot or tract of land with 15 single family residential zoning or any lot or tract of land designated as.low 16 or medium density residential on the Land Use Plan. 17 18 Under Construction: Means that a valid building permit has been issued by 19 the City for construction of a single family residential dwelling. 2 21 Visible: Means that the object(s) being screened can be seen from any 22 - elevation equal to the grade which is defined as the.lowest point of elevation 23 of the finished surface of the ground,paving or sidewalk when measured on 24 • a line five feet.(5') from the building. 25 26 37.3 DEVELOPMENT REGULATIONS: In addition to the development 27 regulations applicable to the underlying district, the following additional 28 development regulations shall apply to all developing properties lying within 29 • four hundred feet(400')of single family residential property measured from 30 the property line of the non-single family residential use, hereinafter known 31 as the "control distance." 32 33 1. Exterior Finish: All structures shall have an exterior finish of brick or 34 natural stone covering a minimum of eighty percent(80%) of the area 35 of each facade, excluding doors and windows. 36 37 2. Maximum Height: All structures shall not exceed the maximum height 38 permitted in the "SF-1A" Single Family Residential District. 39 40 41 4 PAGE 3 G:IORDINEIGHBORIDFT9B.CLN 8A-6 DRAFT 9b • October 10, 1995 1 3. Exterior Lighting: The exterior lighting shall operate in such a manner 2 as to ensure that lighting patterns are directed onto the non-single family 3 residential property and do not directly project onto adjacent single 4 family residential property. 5 6 4. Trash Receptacles: No trash receptacles shall be allowed within fifty 7 feet(50')of single family residential property. All structures under this 8 section shall construct masonry screening walls around all trash 9 receptacles. Screening walls shall be four-sided with an opaque gate and 10 shall be a minimum height of eight feet(8'). 11 12 5. Performance Standards: 13 14 a. Waste Collection and Disposal: Developments shall ensure that the 15 disposal of and collection of solid waste,trash and other refuse into 16 trash receptacles or dumpsters does not occur between the hours of 17 10:00 p.m. and 7:00 a.m. 18 19 b. Deliveries: Developments shall ensure that deliveries made by 210 vehicles exceeding 10,000 pounds gross vehicle weight(G.V.W.) 2 shall not be received nor dispatched between the hours of 10:00 22 p.m. and 7:00 a.m. 23 24 6. Roof Requirements: The roof systems of all structures shall be of the 25 same type (e.g., gable, hip, shed) and the same pitch (e.g., 6:12, 8:12, 26 ` 10:12), and clad of the same materials that are found on the majority of . 27 single family residential properties lying within the control distance. 28 In the event that such a roof system would cause the height of the 29 • structure to exceed the maximum height as permitted, a mansard roof 30 system may be utilized provided that the mansard roof is enclosed on all 31 sides and that the pitch, height and cladding of the mansard roof is • 32 compatible with the roof systems on the majority of single family 33 residential properties within the control distance. On single-story 34 structures,the highest point of the mansard roof(using the measurement 35 method established by the currently adopted Uniform Building Code) 36 shall meet the height of the majority of single-story single family 37 dwellings within the control distance. On multiple story structures, the 38 highest point of the mansard roof (using the measurement method 39 established by the currently adopted Uniform Building Code)shall meet 40 the height of the majority of multiple story single family dwellings 41 within the control distance. PAGE 4 G:IORDINEIGHBORIDFT9B.CLN 8A-7 .• DRAFT 9b October 10, 1995 1 a. Insufficient Comparisons Available: In the event that single family 2 residential property within the control distance contains fewer than 3 three (3) residences existing or under construction or in the event 4 that there is no majority of style of single family residential 5 property within the control distance, the roof systems of all 6 structures subject to this regulation shall be gable or hip with 6:12 • 7 • minimum pitch and clad with composition shingles,slate or a man- 8 made slate-like product. In the event that such a roof system 9 would cause the height of the structure to exceed the maximum 10 height as permitted, a mansard roof system(enclosed on all sides) 11 may be utilized provided that the mansard roof have a pitch 12 between 6:12 and 10:12,•a minimum height of twenty-five feet(25') 13 and is clad with composition shingles, slate or a man-made slate- 14 like product. 15 16 7. Location: If the structure to be regulated is located on the same street 17 as single family residential property and if single family residential 18 property is within the control•distance, the following shall be required: 19 a. Front and Side Yards: The regulated structure shall have front and 2 side yards equivalent to the front.and side yards required for the 22 single family residential property, but not less than the front and 23 side yards as required by the underlying zoning district of the 24 regulated structure. 25 26 - b. Parking Limitations: If the regulated structure is oriented the same 27 • as the single family residential property,no vehicular parking.shall •28 be permitted in the area which comprises the front yard of the non- 29 single family residential structure. 30 31 c. Display of Merchandise: If the regulated structure is oriented the 32 same as the single family residential property, the regulated 33 structure shall not display sales merchandise in windows visible 34 from single family residential properties. 35 36 d. Window and Door Requirements: All structures shall have 37 window(e.g., single-hung, double-hung, casement, awning...) and 38 door(e.g., flush, paneled, french...) structures similar to those that 39 are found on the majority of single family residential property lying 40 within the control distance. o PAGE 5 G:IORDINE/GHBORIDFT9B.CLN 8A-8 DRAFT 9b October 10, 1995 1 1. Insufficient Comparisons Available: In the event that single • 2 family residential property within the control distance 3 contains fewer than three (3) residences existing or under 4 construction or in the event that there is no majority of style of 5 single family property within the control distance, window 6 structures shall be single-hung, double-hung, casement or 7 awning,and door structures shall be flush, paneled or french. 8 9 8. Mechanical Equipment Screening: All buildings must be designed such 10 that no roof-mounted mechanical equipment (HVAC, etc.) or satellite 11 dishes in excess of eighteen inches (18") shall be visible (as defined 12 herein). Ground-mounted mechanical equipment and satellite dishes in 13 excess of eighteen inches (18") shall be screened by a wooden or 14 masonry fence or by landscaping material to a height one foot higher 15 than the object being screened. 16 17 37.4 VARIANCES AND APPEALS: At the time of review of any required 18 Concept Plan or Site Plan, the City Council may grant variances to the 19 development regulations set forth in this Section. 22411 • 1. To receive a variance,the applicant must demonstrate the following: 22 23 (a) A variance will reduce the impact of the project on surrounding 24 residential properties; 25 26 (b) Compliance with this ordinance would impair the architectural 27 design or creativity of the project; 28 29 (c) A variance is necessary to assure compatibility with surrounding 30 developed properties; or 31 32 (d) The proposed construction is an addition to an existing project that 33 does not meet the requirements of this ordinance. 34 35 2. The City Council may grant a variance by an affirmative vote of a 36 majority of the City Council members present and voting on the matter. 37 In order to grant a variance, the City Council must determine that a 38 literal enforcement of the regulations will create an unnecessary 39 hardship or a practical difficulty for the applicant; that the situation 40 causing the unnecessary hardship or practical difficulty is unique to the 4 affected property; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent PAGE 6 G:IORDINE/GHBORIDFT9B.CLN 8A-9 DRAFT 9b III October 10, 1995 1 properties; and that the granting of the variance will be in harmony with 2 the spirit and purpose of this ordinance. 3 4 3. If a variance application is deified by the City Council,no other variance 5 of like kind relating to the same project or proposed project shall be 6 considered or acted upon by the City Council for a period of six (6) 7 months subsequent to the denial. 8 9 SECTION 2. 10 11 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, 12 Texas,except where the provisions of this ordinance are in direct conflict with the provisions of such 13 ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. 14 15 SECTION 3. 16 17 It is hereby declared to be the intention of the City Council that the phrases, clauses, 18 sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, 19 sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid 2 judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect 21 any of the remaining phrases, clauses, sentences,paragraphs and sections of this ordinance, since 22 the same would have been enacted by the City Council without the incorporation.in this.ordinance 23 of any such unconstitutional phrase, clause, sentence,paragraph or section. 24 25 SECTION 4. 26 27 Any person,firm or corporation who violates,disobeys,omits,neglects or refuses to comply . 28 with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more 29 than Two Thousand Dollars($2,000.00)for each offense. Each day that a violation if permitted to 30 exist shall constitute a separate offense. 31 32 SECTION 5. 33 34 All rights and remedies of the City of Southlake are expressly saved as to any and all 35 violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting 36 zoning which have accrued at the time of the effective date of this ordinance; and,as to such accrued 37 violations and all pending litigation,both civil and criminal,whether pending in court or not, under 38 such 'ordinances, same shall not be affected by this ordinance but may be prosecuted until final 39 disposition by the courts. 40 41 44111 PAGE 7 G:IORDINE%GHBORIDFT9B.CLN 8A-10 DRAFT 9b SOctober 10, 1995 1 SECTION 6. 2 3 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance 4 in book or pamphlet form for general distribution among the public,and the operative provisions of 5 this ordinance as so published shall be admissible in evidence in all courts without further proof than 6 the production thereof. 7 8 SECTION 7. 9 10 The City Secretary of the City of Southlake is hereby directed to publish the proposed 11 ordinance or its caption and penalty together with a notice setting out the time and place for a public 12 hearing thereon at least ten (10) days before the second reading of this ordinance, and if this 13 ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of 14 its provisions, then the City Secretary shall additionally publish this ordinance or its caption and 15 penalty in the official City newspaper one time within ten days after passage of this ordinance,-as 16 required by Section 3.13 of the Charter of the City of Southlake. 17 18 SECTION 8. 19 2� This ordinance shall be in full force and effect from and after its passage and publication.as 2 required by law, and it is so ordained. 22 23 24 25 26 27 28 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 29 , 1995. 30 31 32 33 MAYOR 34 35 36 ATTEST: :7 38 39 40 CITY SECRETARY 41 PAGE 8 G:IORDINE!GHBORIDFT9B.CLN 8A-11 DRAFT 9b OOctober 10, 1995 1 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2 , 1995. 3 4 5 6 MAYOR 7 8 9 ATTEST: 10 11 12 13 CITY SECRETARY 14 15 16 EFFECTIVE: 17 18 APPROVED AS TO FORM AND LEGALITY: 19 2 21 22 CITY ATTORNEY S G:\ORD\NEIGHBOR\DFT9B.CLN PAGE 9 8A-12 ,, TEL No . Oct 16,95 15:42 No .009 P .02 • FIELDING, BARREI'f & TAYLOR, L.L.P. Nrroatuivs • 3400 HANK ONE TOWER s00'(hIROCKMORTON STR(= MKT WORM,TEXAS 76102.1821 TELEPHONES(817)332-2580 (800)318-3400 FAX(817)332-1740 WAYN E X.OLSON October 16, 1995 VIA FAX and REGULAR MAIL Mr. Greg Last Director of Community Development • City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 RE: Neighborhood Preservation Ordinance No. 480-Q. Draft No. 9b Dear Greg: I have reviewed Draft No.9b of the Neighborhood Preservation Ordinance which was • faxed to me on October 13, 1995. I am faxing a copy of this draft showing some of my comments. In addition, I would like to make the following comments: First, to address your question in your October 10, 1995 memorandum, I do not believe that the "cumulative clause" is in conflict with Section 37.1, Paragraph 2. To the contrary, it is my interpretation of Section 37.1, Paragraph 2, that different provisions in other ordinances will not be deemed to be in conflict with this Ordinance because the more stringent standard will apply. Section 37.3;Paragraph 5, provides performance standards for waste collection and disposal and deliveries. These standards provide that "developments shall ensure" that disposal and deliveries not occur between the hours of 10:00 p.m. and 7:00 a.m. 1 am not clear on how a development is supposed to ensure this. Is it the intent of the City to write tickets if trash disposal or deliveries occur between these prohibited hours. t\Qks\s>ste\tettecsV s�32 i 8A-13 • TEL No . Oct 16 ,95 15:42 No .009 P.03 • If so,we might want to reword this paragraph to simply prohibit disposal and delivery y between these hours. Also, in this regard, I remind you of Allen Taylor's comments regarding interstate commerce in his letter to Curtis Hawk dated September 12, 1995. Section 37.3,Paragraph 6,sets forth roof requirements. In the event that these roof requirements would cause the height of the structure to exceed the maximum height permitted, a mansard roof system may be utilized. Is this within the discretion of the developer, if not we should change the word may to shall. Also, what happens if the mansard roof is not compatible with the roof systems of the majority of single family residential properties. What type of roof is required in this instance? Also in this paragraph, on line 36, the highest point of the mansard roof shall meet the height of the majority of single story dwellings within the control distance. What does shall meet mean? Does it mean it shall not be higher than? Does it mean that it shall be exactly the average? Section 37.3, Paragraph 7a, states that front and side yards shall be equivalent to single family front and side yards but not less than the front and side yards required in the underlying zoning district. Is it possible that a particular property might be located in the corridor overlay zone which would also require a greater front or side yard set back: I do not interpret the corridor overlay zone as being an underlying zoning district. Also, on pages 5 and 6 of the Ordinance, I have underlined different terminologies applicable to new structures which are intended to be regulated. The different terms utilized include "structure subject to this regulation," "structure to be .regulated," "regulated structure,""non-single family residential structure,"and"project." We may want to take one last look at the ordinance to ensure that these terms are compatible. I know that my comments arc some what last minute,but I just couldn't resist. If you would like to discuss the Ordinance further, please give me a call. Very truly yours, 0/4 0,417r— Wayne K. Olson WKO/ds cc: Curtis Hawk tvaegviateu eues`a sz • 8A-14 ,, ' TEL No . Oct 16.95 15:08 No .006 P .02 • S MVO October 10, 1995 1 ORDINANCE NO.480-Qr 2 3 AN ORDINANCE AMENDING ORPIN'ANcE NO. 48e, AS 45 AMOF THE COMPREHENSIVE 0UTIILA CE, TE ZONING CREATING 5 OF TSE 6 NEIGIOIORHOOD PRESERVATION SFECIAL 7 DEVELOPMENT REGULATIONS TOR NONI1SIDEN`IIA'L 8 DEVELOPMENTSWITHINCERTAIN ZONING DIS'fRICT13; 9 PRODDING THAT TINS ORDINANCE SHALL RE 10 CUMULATIVE OF ALL ORDINANCES; PROVIDING A 11 SEVER O,ADYX VIOLTY ATIONS HE PROVIDING FOR A SAVINGS 12 FOR VI 13 CLAUSE;PROVIDING FOR PUBLICATION IN PAMPHLET 14 FORM;PROVIDING FORIIZLICATTION IN THE OFFICIAL 15 NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS the City of Soutblake,Texas,is a home rule city acting under its charter 18 adopted by the electorate pursuant to Article XI,Section 5 of the Texas Constitution and Chapter 19 9 of the Loud°ovt nu at Code-.and 20 'WHEREAS,the City of Southlake has heretofote adopted Ordinance No.480,as amended, as the zoning ordinance of the city;end 24 WHEREAS,the City of Sou Make has blsoeziaa11y developed as a residentiat community 25 which is partiuul arty suited for the development of a evaky residential lifestyle which is separated 26 from rinn-residential developments which might adversely impact said residential neighborhoods: 27 and 28 29 WHEREAS,several existing and planned residential neighborhoods ace located adjacent Iv 30 properties which are developing or will be developed for business and commercial use;and 31 32 WHEREAS,the city council of the City of Sontlilake recognizes the vital importance a of 33 residential neighborhoods and the need to preserve andstratect residential neighborhoods from the . . 34 adverse effects of adjoining non-single family residential uses;and 35 36 WHEREAS,the city council dockets to protect and enhance the attractiveness of the city to 37 visitors;to promote and stimulate the economy;to ensure the harmonious,orderly and efficient 38 growth and development of the city;to preserve property and property values;and to maintain a 39 generally harmonious outward appearance of both sitgle family residential and non-single thmily 40 residential structures which are compatible and complementary;and 41 42 GrtORpW o oolt1onva.ctX 85-4 8A-15 • TEL No . Oct 16,95 15:08 No .006 P.03 DRY 9b October 10, 1995 1 WHEREAS,the city council desires to adopt this ordinance for the purpose of preserving 2 and protecting the quality of residential life of existing and future residential neighborhoods by 3 adopting reasonable regulations that will promote non-residential development that is compatible 4 and complementary with adjoining single family residential pi upe rties. 5 6 NOW,THEREFORE,BE IT OR1!MNED BY TI 'CffY COUNCIL OF'ME CITY 7 OF SOi3THIaAKE,TEXAS: 8 9 sEC'T[ON 1; 10 emended by adding new sections 8.6 16,17.6, 11 Ordinance No.480,as amended,is 28.4,z9.6,3�.6,31.4 and 32.��ve! 12 18.6, 19.4,20.6,21.6,22.6,23.6,24.6,25,6,266,27.6, • Yfo l ea g c 5 13 and by renumbering the remaining sections atcatdingly: Ftc s/ 14 15 " _► s es a . P aiv+_ ! ' ospos ; - I ._ V . lot :r-N: vs �t� s 16 �� 17 PROPERTY"- In addition to the development regulations applicable to this district, 18 the development regulations established in Section 37 of . 19 .46ertgramerdled,shall also apply. 5 fir A of,ct.., cam. 20 G1`7 O 1.1 _ . .Yp r • Ordinance No.480,as amended,is hereby amended by adding new Section 37;as fellows: 23 SECTION 37 24 11EI9J1BO HQPD PRESZtVATIU 25 26 37.1 E POSE AND INTENT - In order to preserve and protect significant 27 architectural and cultural attributes of the City of Southlakke, the City has 28 determined that it is necessary and appropriate to adopt specialized 29 regulations to prevent any detmnenrul impact from the location of non-single 30 family residential uses in proximity to dingle family residential uses. 31 32 It is the intent of this Section that the development standards set forth herein 33 shall supersede any other provision established by this ordinance or other • 34 ordinances,except that when conflicting requirements are found,the more; • 35 stringent requirements shall apply. However,the following exception shall 36 apply: Condor Overlay Zone requirements found in Section 43 shall mice 37 precedence if there arc conflicting standards in this section. 38 39 37.2 DEFINITIONS-The following definitions shall be applicable to this section. 40 41 c al Attributes: Means those physical featarm of betilefit s and 42 structures that are generally identified an scribed as being important PAGE 2 G;;oRowFrcrraomDE7,3.CLly 88,5 8A-16 TEL No . Oct 16,95 15:08 No .006 P .04 DFT 9b October 10, 1995 1 products of human thought and action characteristic of a population or 2 commntity. 3 4 • Cnllcrral.Attributes. Means ell of,those ph s�ical featrurm of an area that, 5 either independently or by virtue of their interreladoonship, ar generally 6 identified and described as being important products of human thought and 7 action characteristic of a population or community. Accordi igiy,the term 8 "cultural attributes"necessarily includes Marebiteetutal attributes"as that term 9 • is defined in this section. The term."cultural attributes"does not refer to the .0 characteristics or beliefs of people who may reside in or frequent a particular l I area.. 12 13 $ingsk wily Residential Pregatc Means any lot or tract of land upon 14 which a single family residential home casts or any lot or tract of land with 15 single family residential zoning or any lot or tract of land designated as low 16 or medium density residential on the Land Use Plan. 17 18 • Under ConIstrpctlon: Means that a valid building permit has been issued by 19 the City for construction of auiugle family residential dwelling. 20 2 Visible: Means that the object(s) being screened can be seen from any elevation equal to the grade which is defined as the lowest point of elevation 2 of the finished surface of the ground paving or sidewalk when measured on 24 a lino f ve feet(5)from the building. 25 26 37.3 D'EV1 ELOP1v1PRT 'ULAT1(N.5,: In addition to the development 27 regulations applicable to the underlying district, the following additional 28 development regulations shall apply to all developing properties lying within 29 lbw hundred feet(400)of single family residential property measured from 30 the property line of the non-single family residential use, hereinafter known 31 ag the"control distance." 32 • 33 1. Exterior Finish; All structures triad have an exterior finish of brick or 34 natural stone covering a minimum of eighty percent(60%)of the area 35 of each facade,excluding doors and windows. 36 37 2. Maximum Height All structures shall not exceed the maximum height 38 permitted in the"SF-1 A"Single Family Residential District. 39 .40 • . . 41 42 PAGE 3 a:SQRD'WErGfIBOROI &CLM • Ss-6 8A-17 TEL No . Oct 16,95 15:08 No .006 P.05 DDT 9h October 10, 1995 1 3. Exterior Lighting: The exterior lighting shall operate in such a manner 2 as to ensure that lighting patterns art directed onto the non-single family 3 residential property and do not directly project onto adjacent single 4 family residential property..: , 5 6 4. Trash Receptacles: No trash receptacles shall be allowed within fifty 7 feet(5(Y)of single family residential property- . lalls� u A g sorry screening vnd'Fli keXe 9 receptacles. Screening walls shall be four-sided with au opaque gate and 10 shall be a minimum height of eight feet(8'). 11 12 5. Performance Standards: 13 14 a. Waste Colloctioit and Disposal: Developments shall ensure that the 15 disposal of and collection.of solid waste,trash and other refuse into 16 trash receptacles or dusnpstets does not occur between the hours of 17 10:00 p.m.and 7:00 a.m. 18 19 b. Delivetics: Dcrcloprnonts shall ensure that deliveries made by 20 vehicles exceeding 10,000 pounds gross vehicle weight(G.V.W.) 21 shall not be received nor dispatched between the hours of 10:00 p.m.and 7:00 a.m. 24 6. Roof ll equire rents: The roof systems unlit stni turns.:dealt la;of the 25 seine type(e.g.,gable,hip,shed)and the same pitch(e.g.,6:12, 8:12, 26 10:12),end clad of the same rilateri4ls that are found on the majority of 27 single family residential properties lying within the control distance. 28 In the event that such a-roof system would cause the height of the 29 structure to exceed the maximum height as permitted,a mansard roof 30 system may be utilized provided that the mansard roof is enclosed cm all 31 • sides and that the pitch, height and cladding of the mansard roof is 32 compatible with the roof systems .on the mtdority of single family 33 residential properties within the control distance. On single-story 34 structures,the highest point of the ntansarci roof(using the measurement 35 method established by the currently adopted Uniform Building Code) 36 shall meet the height of the majority of single-story single funilp 37 dwellings within the control distance. Oa multiple story structures,the 38 highest point of the mansard roof(using the measurement method 39 established by the currently adopted Uniibmi Building Code)shall.met 40 the height of the majority of multiple story single family dwellings 41 within the control distance. 42 PAGE 4 c:bitawzCtraoxJFcv&ciao 8B-7 • 8A-18 TEL No . Oct 16,95 15:08 No .006 P.06 RAPPub 111 October to, 1995 1 a. Insufcient Comparisons Available: In the event that single family 2 residential property within the control distance contains fewer than 3 three(3)residences existing or under construction or in the gent 4 • that there is nn majority, of style of single family. residential S property within the control distance, the roof systems of all 6 structures subject to this repletion shall be gable or hip with 6;12 7 minimum pitch and clad with composition shingles,slate or amen- 8 made slate-like product. In the event that such a roof system 9 would cause the height of the stain to exceed the maximum 10 height as permitted,a mansard roof system(enclosed op all sides) 11 may be utilized provided that the mansard roof.tut ` pitch 12 between 6:12 and 10:12,a minimums height of twenty-live meet(25') 13 and is clad with composition shingles,slate or a man-made slate- 14 like product. IS 16 7. Location: If the structme to be regulated is located on the same street. 17 as single family residential property and if single family residential 18 property is within the control distance,the following shall be required: 19 20 a. Front and Side Yards: The regulated structure shall have front and 21 side yards equivalent to the front and side yards required for the single family residential property,but not less than the front and side yards as required by the underlying zoning district of the 24 regulated structure. 25 26 b. Parking Limitations: If the regulated structure is oriented the same 27 as the single family residential property,no vehicular parking shall 28 be permitted in the area which comprises the front yard of the non- .;- 29 single family residential structure. '�- 30 _. 31 e. Display of Merchandise: If the regulated structure is oriented the 32 . same as the single family residential property, the regulated 33 structure shall not display sales merchandise in windows visible 3 tom single family residential!properties. 36 d. Window and Door Requirements: All structures shall have 37 window(e.g.,single-hung,double-hung,casement,awning...)and 38 door(e.g.,flush,paneled,french...)structures similar to those that 39 are found on the majority of single family residential property lying 40 within the control distance.. . • • 41 42 PAGE 5 a_10Raw8lG IZORIORY I GCN aB-8 • 8A-19 TEL No . Oct 1.6,95 15:08 No .006 P .07 A FT 9b October 10,1995 1 1. Insuftcieant Comparisons Available: In the event that single 2 family residential property within the control distance 3 contains fewer than three (3) residences existing or under 4 eanstruclicen or in the eventlthat there is no najocitY of style of 5 single family property within the control distance, window 6 structures shall be singlethung, double-hung, casement or 7 awning,and door structures shall be flush,paneled or french. 8 9 8_ Mechanical Equipment Satanists: Ali bauldags moist he desigiscd such 10 that no roof-mounted mechanical equipmet(t(H.VAC,etc.)or satellite 11 dishes in excess of eighteen inchca(18")/shall be visible (as defined 12 herein), Ground-mounted „ , • .- .. ., and satellite dishes hi 13 excess of eighteen inches (IV) 3i 31 • �'►+ �w by a wooden or 14 masonry fence or by landscaping material to a height one foot higher 15 than the object being screened. 16 17 37.4 VARIANCES AND APPEALS: At the time of review of any required 18 Concept Plan or Site Plan, the City Council may grant variances to the 19 development regulations act forth in this Section, 20 21 1. To receive a variance,the applies must demonstrate the following: • (a) A variance will reduce the impact of the 'eat on surrounding residential properties; 25 26 (b) Compliance with this ordinance would impair the architcctural- 27 design or creativity of the-project; 28 z9 (c) ,A variance is necessary to assure compatibility with surruundiug 30 developed properties;or 31 32 (d) The proposed construction is an addition to an pasting project that 33 does not meet the requiretnents of this ordinance, • 35 2. The City Council may grant a vsxiance by an affirmative vote of a 36 uutiarity of the City Council members forwent and voting on the matter. 37 In order to grant a variance, the City Council must determine that a 38 literal enforcement of the regulations will create an unnecessary 39 hardship or a practical difficulty for the applicant; that the situation 40 causing they hardship or practical difficulty is unique to the 41 affected property: that the variance will not injure and will be wholly 42 compatible with the use and permitted development of adjacent PA(?E 6 a_soRowLVHeaRt oxen • 85-9 8A-20 TEL No . Oct 16,95 15:08 No .006 P .08 Qf lb October 10, 1995 1 properties; and that the granting of the variance will be in harmony with 2 the spirit and purpose of this ordinance. 3 4 3. If a yashmac application is denied Willie City Council,no other variance 5 of like kind relating to the same pnaject or proposed project shall be 6 ' considered or acted upon by the City Council fora period of six (6) 7 months subsequent to the denial. 8 9 SECTION', 10 11 This ordinance shall be cumulative tall provisions of ordinances of the City of Southlaice, 12 Texas,except where the provisions of this ordinance are in direct conflict with the provisions visual 13 ordinances,in which event the conflicting provisions of such ordinances are hereby repealed. 14 15 SECTION 16 17 It is hereby declared to be the intention of the City Council that the phrases, clauses, 18 sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, 19 sentence, paragraph or section of this =liner=shall be declared unconstitutional by the valid • • 20 judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases,clauses,sentences,paragraphs and sections of this ordinance,since the same would have been enacted by the City Council without the incorporation in this ordinance • of any such unconstitutional phrase,clause,sentence„paragraph or section. 24 25 SEC rIONc 26 27 Any person,firm or corporation who violates,disobeys,omits,neglects or refuses to comply 28 with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more 29 than Two Thousand Dollars($2,000.00)for each offense. Each day that a violas at if pemdtt d w 30 exist shall constitute a separate offense. 31 32 SECTION 33 34 All rights and remedies of the City of bouttalake are expressly, saved as to say and all 35 violations of the provisions of Ordinance No.480,as amended,or any other ordinances affecting 36 zoning which have accrued at the time of the effective date of this ordinance;and,as to such accrued 37 violations and all pending litigation,both civil and criminal,whether pending in court or not,under 38 such ordinances, same shall not be affected by this ordinance but may be prosecuted until final 39 disposition by the courts. 40 41 42 PAGE 7 GAouvurstirrsoA101796.crrr 85-10 8A-21 TEL No . Oct 16,95 15:08 No .006 P.09 DRAFT 9b October 10, 1995 i SECTION 6.: 2 3 The City Secretary of the City of Southlake is h4 reby authorized to publish this ordinance 4 In book or pamphlet form for general distribution:among!the public,and the operative provisions of 5 this ordinance as so published shall be admissible ill evidence in all courts without further proof than 6 the•produetkontheaeof 7 SECTION 7. 9 10 The City Secretary of the City of Southlake is hereby directed to publish the proposed 11 ordinance or its caption and penalty together with a notice setting out the time and place for a public 12 hearing thereon at least ten (10) days before the second reading of this ordinance, and if this 13 ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of 14 its piovlsions,then the City Secretary shall additionally publish this ordinance or its caption and 15 penalty in the official City newspaper one time within ten days after passage of this ordinance,as 16 required by Section 3.13 of the Charter of the City of Sguthlake. • 17 18 SECTION 8+ 19 20 This ordinance shall be in full force and effect from and after its passage and publication as 21 required by law.and it is so ordained. 24 25 26 - 27 28 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 29 ,1995. 30 31 32 33 MOOR . 34 35 36 AtTEST: 37 38 39 40 c tv(SECRETARY •4J, 41 42 • PAGE 8 _ a:tioru r rraottIoFrvucLn • 8$-11 8A-22 TEL No . Oct 16 ,95 15:08 No .006 P .10 TWO .• October 10,l 945 1 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2 0.995. 3 4 6 M4YOR 7 8 9 AVM: 10 11 12 13 citY SECRETARY 14 15 16 EFFECTIVE:...." 17 18 APPROVED AS TO FORM AND LEGALITY: 19 20 21 A;1IURNEY cuv PAGE 9 8B-12 TOTAL P.13 8A-23 • comparison of ordinances 480-S (corridor overlay) � and 480-Q (Neijhborhood Preservation) 8A-24 480- •• Corridor Overlay 480-Q: Neighborhood Preservation 43.9 c., 1., (a) 37.3 1. Masonry.Requirements. All buildings must meet the Exterior Finish: All structures shall have an exterior masonry requirements as set out in Ordinance No. 557 as finish of brick or natural stone covering a minimum of amended. However, on facades which are visible from ' eighty percent(80%)of the area of each facade excluding SH 114, Carroll Avenue between SH 114 and FM 1709, doors and windows. FM 1709, FM 1938 and adjacent ROW and/or from property within 400' zoned residential or designated as low or medium density residential on the Land Use Plan, such masonry requirements shall exclude the use of :ement,concrete tilt wall and other masonry materials of similar characteristics. In addition, the use of standard :oncrete block shall be limited to 10% of any facade visible from adjacent public ROW; and stucco or plaster shall only be allowed when applied using a 3-step process • . )ver diamond metal lath mesh to a 7/8th inch thickness or Dy other process producing comparable stucco finish with equal or greater strength and durability specifications. • 1-3.9 c., 1., (b) 37.3 8. Vlec 1 Equipment Screening:. All buildings must Mechanical Equipment Screening: All buildings must :e d such that no mechanical equipment`(HVAC, - be designed such that no roof-mounted mechanical etc.) or satellite dishes shall be visible from SH 114, equipment (HVAC,etc.) or satellite dishes in excess of :.:arroll Avenue between SH 114 and FM 1709,FM 1709 eighteen inches(18")shall be-visible(as defined herein). and FM 1938 and adjacent ROW and/or from property • Ground-mounted.mechanical equipment and satellite 100' of a property line of..a tract zoned residential or dishes in excess of eighteen inches(18")shall be screened iesignated as low or medium density residential on.the by a wooden or masonry fence or by landscaping material and Use Plan. This shall include.equipment on the roof, to a height one foot higher than the object being screened. rn the ground or otherwise attached to the building or • ocated on the site. 13.9 c., 1., (g) and(g) i. 37.3 2. Eieight: . Same as in underlying zoning. . Buildings Maximum Height: ..All structures shall not exceed the adjacent to or across the street from residential zoning(or maximum height permitted in the"SF-1A" Single Family m area designated.for low or medium density residential Residential District. n the Comprehensive Land Use Plan) shall meet the standards for height regulations as outlined in Section III ierein. Village Center: All properties which are located within he Village Center shall be further limited in height to the .mderl ing zoning district or maximum elevation of 710 Feet 'oval Geodetic Vertical Datum of 1929), whit r is lower. 8A-25 43.12 a., i. and ii. 37.3 3. Spil r Lighting: No use or operation shall produce Exterior Lighting: The exterior lighting of all structures dir direct illumination across a residential property shall operate in such a manner as to ensure that lighting line from a source of illumination nor shall any such light patterns are directed onto the non-single family residential be of such intensity as to create a nuisance or detract from property and do not directly project onto adjacent single the use and enjoyment of adjacent property. family residential property. A nuisance shall be defined as more than two-tenths(0.2) of one foot candle of light measured at the property line. 13.9 c.,2., (d) 37.3 4. Trash Receptacles: Trash receptacles shall be four sided Trash Receptacles: No trash receptacles shall be with a gate and located outside bufferyards, and to the allowed within fifty feet(50')of single family residential side or rear of the principal building. They shall be property. All structures under this section shall construct screened by a minimum 8 foot solid masonry screen and masonry screening,walls around all trash receptacles. ;hall utilize similar masonry materials to the principal Screening walls shall be four-sided with an opaque gate Itructure. and shall be a minimum height of eight feet(8'). 13.10,43.11 37.3 6., (a) tesidential adjacency standards:Setbacks Location: If the structure to be regulated is located on setback of Non-residential Structures:No non-residential the same street as single family residential property and if wilding may encroach in the area above a line having a single family residential property is within the control lope o 4:1 from any property line of a residentially distance,the following shall be required: one erty or a property with a low or medium ensit esidential land use designation in the Front and Side Yards: The regulated structure shall have ;omprehensive Land Use Plan.However,a structure may front and side yards equivalent to the front and side yards e built up to within 40 feet of the residential property required for the single family residential property,but not ne, provided that the structure is no greater than one less than the front and side yards as required by the tory or 20 feet in .height. (See Exhibit 43-E for underlying zoning district of the regulated structure. larification.) nd ... 3.9 2., (a) uilding Setback: All lots within the Corridor Zone shall iaintain a minimum building setback of 50 feet adjacent SH 114,FM.1709 and FM 1938 rights-of-way and the 1st ROW of Carroll Avenue. All other building setback gulations shall be the same as in the underlying zoning strict except as otherwise noted herein. • 8A-26 43.9 c., 2., (b) 37.3 7., (b) Par ' rea Restriction: No parking shall be allowed Parking Limitations: If the regulated structure is in aired bufferyard. oriented the same as the single family residential property, no vehicular parking shall be permitted in the area which comprises the front yard of the non-single family residential structure. • 13.9 b., l., (a-d) and 2. 37.4 1., (a-d)and 2. Variances:At the time of review of any required Concept,: Variances and appeals: At the;time of review of any ?Ian or Site Plan,the City Council may grant variances to required Concept Plan or Site Plan,the City Council may he development regulations set forth in this Section. To grant variances to the development regulations set forth in •eceive a variance, the applicant must demonstrate the this Section. To receive a variance, the applicant must bllowing: (a) A variance will reduce the impact of the demonstrate the following: (a)A variance will reduce the )roject on surrounding residential properties; (b) impact of the project on surrounding residential compliance with this ordinance would impair the properties; (b) Compliance with this ordinance would architectural design or creativity of the project; (c) A .impair the architectural design or creativity of the project;. rariance is necessary .to assure compatibility with (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed. surrounding developed properties; or (d) The proposed onstruction is an addition to an existing project that does construction is an addition to an existing project that does Lot meet the requirements of this ordinance: - not meet the requirements of this ordinance. le City Council may grant a variance by an affirmative The City Council may grant a variance by an affirmative rote of a majority of the City Council members present vote of a majority of the City Council members present nd v on the matter.-In order to grant a variance,the.• • and voting on the matter. In order to grant a variance,the :ity il must determine that a literal enforcement of City Council must determine that a literal enforcement of he regulations will create an unnecessary hardship or a .• • the.regulations will.create an unnecessary_hardship or a Tactical difficulty for the applicant; that the situation practical difficulty for the applicant; that the situation ausing the unnecessary hardship or practical difficulty is . causing the unnecessary hardship.or practical difficulty is nique to the affected property and is not self imposed; unique to the affected property; that the variance will not hat the variance will not injure and will be wholly injure and.will be wholly compatible with the use and ompatible with the use and permitted development.of permitted development of adjacent properties; and that djacent properties; and that the granting of the variance the granting of the variance will be in harmony with the vill be in harmony with the spirit and purpose of this spirit and purpose of this ordinance. rdinance. If a variance application is denied by the City Council,no Fa variance application is denied by the City Council,no other variance of like kind relating to the same project or ther variance of like kind relating to the same project or proposed project shall be considered or acted upon by the roposed project shall be considered or acted uponby the City Council fora period of six(6)months subsequent to ;ity Council for a period of six(6)months subsequent to the denial. le denial. • is\O DOR\480-S\COMP_FNL.TWO 8A-27 RESPONSES RECEIVED ON NEIGHBORHOOD PRESERVATION ORDINANCE S 8A-28 • SMUNSCH HARDT KOPF HARR&DINAN,P.C. 4000 Fountain Place 1445 Ross Avenue Dallas,Texas 75202-2790 (214);8$5-7500 Fax(214) 855-7584 Writer's Direct Dial No. (214)855-7552 MEMORANDUM • • TO: City Council of Southlake,Texas FROM: - Richard W.Wilhelm DATE: October 16, 1995 • SUBJECT: Neighborhood Preservation Ordinance . I have had an opportunity to:review the proposed Ordinance from the viewpoint of a citizen, advisor to the economic development efforts in our City, and as an attorney representing - erous types of clients (including retail users),though I represent no one on this matter. I find generally that the Ordinance has very little to do with preserving a neighborhood(for it can be a "neighborhood" of one house which brings the additional requirements.on potential users)and a lot • to do with someone's efforts to•make this City into a homogeneous array of buildings-lacking any ability to be innovative,different,unique or cost conscious. My thoughts are grouped into two areas;overall and specific. A. Overall 1. All vacant property along 1709 appears to be affected. Significant strips of land along Carroll and along the northern and southern sides of the Mobil and Maguire Thomas tract are now also limited in their construction. It does not make any sense to have a home, presently in a commercial area, affect the construction now, when after it is gone, this Ordinance will not be applicable. Similarly,I fail to see how a project which is across the street and behind significant landscape buffers also adversely affects the "preservation" of the neighborhood. 2. This Ordinance sets as the standard for architectural compatibility throughout .this City.,_that of the home builder. An individual planning the design of a home and an individual planning the design of a retail or office facility have some, but not many of the S same goals. This Ordinance mandates a city of homogeneity. The interesting result occurs, of course, when the area is across from a group of mobile homes(like at the corner of Carroll 8A-29 .. . f: •City Council of Southlake,Texas October 16, 1995 Page 2 and 114). .. 3. This Ordinance does not consider that the needs of a retail establishment differ from those of a homeowner. 4. This Ordinance will require national chains or local franchisees to modify "their look" to suit our City's particular ideas. I seriously doubt that these proven establishments will significantly modify their plans to meet your desires-therefore,we lose the opportunity to enjoy them. 5. The Ordinance eliminates or significantly limits architectural concepts. 6. This Ordinance fails to address the issue of non-conformity. What happens • if a building, now non-conforming because of the passage of this Ordinance, but still • conforming to the base zoning,is destroyed? Will the City require reconstruction pursuant • to the new standards? What happens if sufficient funds are not available because of increased costs in meeting the Ordinance requirements? • 7. This Ordinance.gives no effect to the mitigation.of the impact by uses intervening between the residential property and the back of the 400 foot long conformity zone. 8. This Ordinance requires that a home across from a larger,developing center • disrupts the continuity of a planned and designed area. 9. - It appears that this is another way of obtaining that which you elected to waive in the Corridor Ordinance. B. Specific 1. How was the 400 foot distance determined? Is it an arbitrary number or is it based on a factual study? 2. What happens if the land use is currently residential, but it is not zoned to allow such uses? What happens if it is not residential,but there is a change to residential - would nearby buildings be required to meet the Ordinance while existing buildings don't? 3. Section 37.3(1)conflicts with the masonry ordinance which now affects these • commercial buildings. Why should this be required when no homes are required to be 80% masonry and why does it limit the choices from those given in the masonry ordinance? • 8A-30 • City Council of Southlake,Texas October 16, 1995 Page 3 4. In Sec. 37.3(2)why have.a height limitation? This is already covered by the zoning ordinance-which controls in the event of a conflict? Given an adequate buffer and propf.r zoning why should these limits be imposed? For example, why should a building across 1709 from-a residential property be limited in height by this Ordinance? Why should a property which is buffered by(a) additional uses backing up to existing homes, and(b) separated from those homes by a city street,be limited in height by this Ordinance? �rar� 5. Why is the trash receptacle so far film the property line? Most establishments,for parking and ease of pick-up,prefer the receptacles to be in corner areas. 6. An.8'masonry screening wall is a structure which will have a significant cost for engineering and materials. 7. What if trash is picked up in the residential areas prior to or after the times dictated in the Ordinance? Does the City's contract with the trash hauler have similar - prohibitions? 8. The roof requirements in Sec. 37.3(6) are expensive, vague and do not contemplate the needs of a retail user. Who measures the pitch of.the homes in the control • area; who defines what materials are to be used(asphalt, concrete, tile, fiberglass, wood); how long will this process take; where will the retail use place its HVAC and other equipment since it cannot place them on a slanted roof? 9. The parking limitations in Sec.7(b)will eliminate most retail and consumer oriented businesses. 10. . The "no visibility of merchandise" requirement in Sec. 7(c) will eliminate most retail businesses. Those who do build,will be constructing a safe haven for crime for many studies have shown that the more open and viewable a business is,the lower the crime rate is. 11. Do the window and door requirements meet the UBC requirements? I find few retail establishments which are constructed in this manner. 12. The variance procedure is non-existent because of the requirement for hardship or unique practical difficulty. The City should be able to waive these requirements for any reason - this is not an issue coming before the ZBA. which is governed by a set of rules and laws. The City has the power, at the time of the hearing, to make any exceptions • it wishes to the Ordinance. 8A-31 •Ci Council of Southlake,Texas October 16, 1995 Page 4 Thank you for your time in allowing meto comment. Regrettably,I feel that the concerns of some taxpayers are washing away the rights of other taxpayers(those who own the lands directly, affected by this Ordinance)and significantly and materially limit this City'.s ability to attract new .non residential taxpayers. To make it less attractive and more expensive to do business in Southlake will have a profound,negative effect in the City's fiscal future. Perhaps you believe that the architectural monotony will bring pleasing esthetic effects;but .the growth will slow and the tax bills will rise and we will have little sales tax strength to look to. • Then, the same people who demand this "tasteful" Ordinance, will vilify you because of the tax increases. Perhaps you feel that today's problems are best dealt with now with little or no regard for the future of our City. The running of the City.must be a balance between many demanding forces; unfortunately I believe that this Ordinance, as written, tips that balance and will have damaging effects for years to come. 11111 U:\U S R\R W 1 L Et E L M\O RD IN.M EM 1 nvw:js 10/16/95 S 8A-32 STRASBURGER & PRICE, L.L.P. • 411) ATTORNEYS AND COUNSELORS AUSTIN A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS SUITE 2600 600 CONGRESS AVENUE AUSTIN.TEXAS 76701-3266 SUITE 4300 (512)499-360 0 901 MAIN STREET DALLAS,TEXAS 75202 HOUSTON (214)651-4300 SUITE 2800 1221 MCKINNEY STREET HOUSTON,TEXAS 77010 TELECOER(214)651-4330 (713)OSI-shoo P) W. EDWARD WALTS II, P.C. MEXICO CITY (214) 651-4510 EDIFICIO HEWLETT.PACKARD / MONTE PELVOUX NO.III.PISO S LOMAS DE CHAPULTEPEG 11000 MEXICO D.F..MEXICO October 17, 1995 011-625-202-6796 Ms. Karen Gandy VIA COURIER City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: Neighborhood Preservation Ordinance Dear Karen: I. have reviewed the proposed Ordinance 480-Q which is being considered by the City Council this evening and I have a question about the proposed ordinance. Section 37.3 speaks of the ordinance being applicable to "all developing properties" . Maguire/Thomas Partners - Westlake/Southlake Partnership may have • some lots in the commercial development which might be 5, 10, 15, 20 acres or ore in size. Assuming that the 400 foot "control distance" affected only a portion of one of .these lots., for example, if there was a 10 acre lot and the 400. foot control distance affected 1/2 an acre of this lot, then would the entire ordinance with all of its restrictions apply to the remaining 9 1/2 acres or would "all developing properties" apply only to the 1/2 acre within the control distance.. Obviously,'. if the neighborhood preservation ordinance applied to the other 9 1/2 acres in my hypothetical, then, irrespective of the fact that the property might be zoned to permit six story office buildings, the City could arguably limit the height of any building to two stories on the remaining 9 1/2 acres and could require that the office building be constructed to look like a single family residence. If, on the other hand, the limitations and height and architectural • appearance apply to the structures within the control distance and not to the remainder of. the lot, then this should not generally pose a problem. We hope this point can be clarified tonight. Very truly yours, Zd 2 ' WEW:jkf • cc: F. Maureen Duffy, Esq. ' " VIA TELECOPY Mr. Tom Allen VIA TELECOPY 1111 Mr. Tony Canonaco VIA TELECOPY 33517.1/SP3/JKF/1852/101795 8A-33 •. 0/17/05 TUE 15:52 FAX 617 430 8750 MAGUIRE THOMAS PARTNERS 1441002 Nino Village Circla Snits 500 Weetake Tx 762G2 817 430-0303 • October 17, 1995 YEA FAX 03 re a Mr.Greg Last CD lt: Community Development Director g CITY OF SOUTH:LAKE p-� 667 N. Carroll Ave. Southlake,Texas 75029 Re: Draft No.9 of Ordinance 480-Q Dear Greg. • As we discussed earlier, Solana's owners are concerned with the possible inconsistency between provisions of the Corridor Overlay District and the provisions of proposed Ordinance 480-Q, the Neighborhood Preservation Ordinance. The 114 Corridor Overlay District provides for basic setback requirements, including substantial setbacks from residential property, extensive development regulations which require high quality design, architecture and construction, and a shared community goal of high. quality commercial development along Highway 114 as it passes through Southlake. We have supported the Overlay District as it evolved from the initial consultant study through Ordinance passage. It is possible that the language contained in Section 37.1, which appears to exclude the Corridor Overlay Zone from these regulations, should give us comfort regarding our future office building plans. However, we wish to express our concern. Proposed Ordinance 480-Q would require that buildings located within 400 feet of residential properties be designed and constructed much like single family homes on large lots. These type buildings would be inconsistent with the Class A, larger floor-plate, multi-story corporate buildings which we contemplate for Solana and which the Corridor Overlay Zone contemplates for the Highway 114 Corridor. S 8A-34 ,,. ,10/17/95 TUE 15:53 FAX 817 430 8750 MAGUIRE THOMAS PARTNERS 11003 Mr. Greg Last October 17, 1995 .• Page 2 The separation of these corporate-style buildings from the proposed Solana residential property has been a critical 'gentling issue. The planned use of natural barriers, constructed, screening and generous buffer areas create proper separation of these important property types. In a separate letter, Ed Waits has voiced another concern, that being the possibility that this proposed ordinance could be interpreted to affect any commercial lot (vs. commercial building) within 400 feet of residentially zoned land. In summary, we are concerned that, as currently written, proposed Ordinance 480-Q could be interpreted to disallow buildings which would be otherwise developable under 0-2 zoning, and which are planned (and critically important,for Solana and Southlake. I hope you will share these concerns with both the city staff and city counsel as the Ordinance comes forward for consideration. We would urge, at the least, a re-write to specifically exclude the Highway 114 Overlay District from the proposed ordinance. Thank you for your time, • Sincerely, 12k.cAa141-91a0\.01(1 ,— Richard H.Kuhlman RHIcith cc: Tom Allen Tony Canonaco • 8A-35 I. • WILLIAM B. KEMP • 400 SOUTHRIDGE LAKES PKWY. SOUTHLAKE,TEXAS 76092 (817) 329-6015 December 10, 1995 City Council raven nr 7 City bf Southlake 667 North Carroll Avenue K E C a 1.41995 Southlake, Texas 76092LLJAbu giSli Dear Councilmembers: I understand that you will be considering the neighborhood preservation ordinance at a meeting to be held on.December 14. I am providing the following comments for your consideration at that meeting and subsequent meetings on this important issue. A comprehensive neighborhood preservation ordinance is essential if we are to maintain the semi-rural character of Southlake that a clear majority of citizens desires. This ordinance must not be watered down so as to represent a "compromise" with the developers. The interests of the residents of • Southlake must be the primary objective. The October 10, 1995 draft (Draft) states in section 37.1 that the Corridor Overlay Ordinance requirements take precedence over the neighborhood preservation ordinance. My recollection is that the Corridor Ordinance .was drafted so that properties a substantial distance from the ROW would be subject to it.. See section 43.5. This precedence provision may create situations that I do not believe are desirable. For example, the flat roofed building on Westwood near FM 1709 would be acceptable under the Corridor Ordinance but would not be acceptable under the Draft. This building is essentially part of a residential neighborhood and should have been required _. to have a sloped, residential type roof. Its location, however; may cause it to be subject to the Corridor Ordinance and not the neighborhood preservation ordinance. This precedence issue should be further considered and its implications fully understood and intended. The definition of "visible" in section 37.2 of the Draft should be modified to be more comprehensible. Possibly an example would be useful. It seems to lack a frame of reference. Section 37.3.2 of the Draft provides that the height of a building is limited to 2 1/2 stories or 35 feet. However, in the Corridor Ordinance a limit of as low as II . Page 1 8A-36 .,,.,_.:..::.....,.,.,,cncr—a<,,tr,,,,s,.ivb..2.,cZ+2z2laL,;:;.,.xi., ' one story or 20 feet is contained in section 43.11. The height limitations of the • Draft should be at least as strict as the Corridor Ordinance. Section 37.3.3 of the Draft contains restrictions on lighting. More objective standards are set forth in the Corridor Ordinance at section 43.12(a). If the Corridor Ordinance provisions are considered to be more strict that those in the Draft, then the Draft should be modified to incorporate the Corridor Ordinance standards. Section 37.3.4 does not address the issue of trash receptacles in front or side yards. I suspect that all the deed restrictions in Southlake subdivisions prohibit trash receptacles in front or side yards. Should not similar provisions be included in the Draft,.if the purpose is to conform development to residential standards? ,Section 37.3.7(b) and (c) contain the phrase "If the regulated structure is oriented the same as the single family residential property." There is no need to limit the requirements of those provisions to that limited situation. The impact on the neighborhood would be the same regardless of the commercial building's orientation., This phrase should be deleted from both sections. 'Section 37.4(1)(b) provides that a variance can be obtained if the applicant believes the ordinance would impair the architectural design or creativity of 0 the project. I don't.understand why this provision is included. The very purpose of an ordinance of this nature is to impose certain architectural design standards. A variance should not be granted just because a developer wants to do something different The March 31, 1995 draft (Prior Draft) of the neighborhood'preservation ordinance provided in section 37.4(A) that buildings subject to the ordinance shall be subject to the same lot coverage requirements. This provision has been deleted from the draft. Our objective is to assure that development next to neighborhoods is harmonious and complementary with the residential properties. Lot coverage requirements are a key element in achieving this • objective. The lot coverage requirement should be the same as that permitted in the "SF-1A" Single Family Residential District. The Draft fails to address several issues that were addressed in the Corridor Ordinance. The facade articulation requirements do not apply. The point of facade articulation in the Corridor Ordinance was that Southlake residences are characterized by extensive facade articulation. This neighborhood characteristic clearly should be induded in a neighborhood preservation ordinance. The Draft fails to include any landscaping standards. Southlake residential properties are also characterized by extensive landscaping. A neighborhood iii Page 2 1 8A-37 4. preservation ordinance should incorporate such requirements just as the S Corridor Ordinance did in the context of commercial development on major roadways. The Draft does not contain any provisions regarding noise abatement. This issue was addressed in the Corridor Ordinance. The provisions of the Corridor Ordinance should be analyzed to determine is they would be strict • enough in a neighborhood preservation context and appropriate language • should be included in the Draft/ 'Runk you for your efforts in considering this important ordinance. The long • term effects of this ordinance cannc ,be overemphasized. Failure to address this issue adequately could be an important factor in Southlake becoming like north Dallas. . • Sincerely yours, w;- ,. 0. ( -,-.e_ . William D.-Kemp w . cc: Greg Last . . • 0 II Page 3 8A-38 ( 4 (in arror ;i1+.181 December 11, 1995 TIMARRON Mr. Greg Last Community Development Director City of Southlake • 667 N. Carroll Ave Southlake, TX 76029 • RE: Ordinance 4-80-0 Neighborhood Preservation Ordinance Dear Greg: • After reviewing the information you sent me regarding the referenced ordinance, I can appreciate the effort and time the city staff, the planning and zoning commissioners and concerned citizens of Southlake have spent on this document. As a member of the "Corridor Overlay Ordinance"Task Force,I understand the time and committment it takes to see a document of this nature evolve and can truly appreciate the intentions behind this ordinance. As Manager of Development for one of Mobil Land's most successful • residential developments, I'm also concerned with "preserving and protecting" the image and values of a community, yet allowing it to grow,successfully and evolve with time. Regarding the actual contents of the ordinance, I feel that in general, the document will greatly limit architectural creativity. Furthermore, it discourages quality users with unique architectural styles from entering the city. Other items of concern are as follows: 1. Requiring Existing Residential architectural styles (some 20-30 years old) to control"non-residential"development of the 1990's and 2000's is very restrictive and controlling. 2. The Control Distance of 400 feet is arbitrary and unclear as to how it will be measured. Furthermore, this requirement should not apply within the SH 114 corridor, because the separation issue was dealt with in the "Corridor Overlay Ordinance". 3. The Exterior Finish requirement of 80% coverage of brick or stone is excessive. The existing masonry ordinance sufficiently addresses this issue. 4. The Maximum Height requirements are covered under the existing zoning ordinances. Again, depending on the proximity of the residential property controlling the "non-residential" development, this requirement could be very 111 confusing and restrictive. v•J•J j 8A-39 � I ! • -2- 5. "The Exterior Lighting should not project onto the adjoining property", concerns me. Again, it depends on how proposed improvements and existing structures are oriented; will cause much confusion. 6. Waste Collection and Disposal will be dictated by the user with some attempt by the City to control. In some cases, businesses are cleaned at night after working hours. How will this be dealt with? 7. The Roof Requirements are vague and do not consider the needs of the retail user. I am concerned that homes built twenty and thirty years ago could be controlling modern architecture Don't hinder the architect's/developer ability to be creative and innovative. Finally, as Chairman of the Timarron Architectural Review Committee, I Sand,sympathize with the staff member who has to determine roof pitch, materials ultimately, monitor.this requirement. Most assuredly, additional staff will be required for this purpose. 8. Under the Location Section (7), the requirements, as I interpret them, will discourage retail and could force the developer to "side" or "back" the proposed • structure to the residential road. Furthermore, setback lines for large one to four acre residential lots may be excessive for a small (half acre) non-residential site. (Need to think this through more, or maybe I just don't understand!) In summary, the original intent of those who felt the need to "preserve and protect • residential neighborhoods from the adverse effects of adjoining non-single family residential uses", appear to be creating a document that is not only difficult to understand for those of us that are involved in the community, but sends a very negative message out to those looking to come in. I truly believe that if the City Council feels a need to "preserve and protect" their constituents' investments, then simple modifications and use of existing ordinances will suffice. "In this case more isn't better." Sincerely, •5teve yet -3 r.p.Steve Yetts, P.E. Director of Development cc R.L.Croteau A.C. Freeman 8A-40 • Southlake Chamber of Commerce or ,.. P.O. Box 92668, Southlake,Texas 76092 Metro (817) 481-8200 Fax (817 329-7497 _,ut h Alake . SOUTHLAKE CHAMBER OF COMMERCE RESOLUTION WHEREAS,the City of Southlake has proposed legislation to preserve and protect existing and planned residential neighborhoods within the City entitled"Neighborhood Preservation Ordinance Draft No. 9b;"and WHEREAS,the proposed legislation is deemed restrictive and threatening by certain commercial development concerns and individuals, not the least is they believe that the future commercial attractiveness of the City of Southlake will be significantly and adversely impacted; and WHEREAS, sufficient legislative and governmental review processes currently exist in the form of the Corridor Overlay Zone requirements, Planning and Zoning Commission reviews and City Council readings; and WHEREAS, interpretation by prospective businesses of the conflicting and redundant requirements of the Neighborhood Preservation Ordinance and corridor Overlay Zone will be difficult, with subsequent delays in new project development while attempting to comply,as well as burdensome administrative impacts for the City of Southlake and Planning and Zoning representatives; and SWHEREAS,the Neighborhood Preservation Ordinance does not appear to understand or • differentiate between commerciaUretail business interests and needs and residential interests by, in fact, insisting upon a residential appearance and architectural perspective for commercial development; NOW, THEREFORE, BE IT RESOLVED,that the Southlake Chamber of Commerce strongly supports and endorses high-quality commercial development in the City of Southlake, but opposes the adoption of the proposed legislation of the Neighborhood Preservation Ordinance for, among other things: 1. The threat to future commercial development and consequent unfavorable impact to the future fiscal well-being of the City of Southlake;and - 2. The adoption of further restrictive requirements when sufficient legislation and review processes already exist within the City of Southlake and Planning and Zoning Commission to address the concerns that the Neighborhood Preservation Ordinance purports to further protect. BE IT FURTHER RESOLVED, that the Southlake Chamber will not support or endorse revisions or rewriting of the proposed ordinance, believing it to be unnecessary to govern or control future commercial/retail development. •� /-II-/qq6 • Sout lake Chamber f�iii' nerce President Date • 8A-41 City of Southlake,Texas MEMORANDUM im January 11, 1996 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Ordinance No. 643, 1st Reading,Repealing Ordinance No. 236, Regulating Solicitation Please find attached a copy of a proposed ordinance regulating solicitors. The current ordinance #236 has become dated and is in need of substantial revision. After working closely with the City Attorneys office,we feel that the attached ordinance substantially addresses all of our past concerns and provides several efficiencies and safeguards not previously available. We have requested in the ordinance that a person, company or organization using minors(person under the age of 18)pay a single $10.00 annual fee. The sponsor then provides to each minor a badge or other form of identification which identifies the name of the sponsor and the minor. While soliciting, the minor must have the badge or ID clearly visible and be accompanied by the sponsor. An example of this would involve Boy Scouts, Girl Scouts, etc. Even if not in uniform a citizen Swould be assured by the badge and registration process that the minor actually represented the organization. For regulation of solicitors we have proposed a bond(based on number of employees), an application, two photographs and$10.00 fee per person. Upon successful completion of the application,the City Secretary would then issue a registration certificate showing the name, address and photograph of the solicitor, along with the description of the goods and services for sale and a description of his vehicle. At all times while engaged in soliciting the solicitor must wear his identification badge. The ordinance also contains prohibitions against soliciting between 9:00 p.m. and 9:00 a.m.,use of city property without prior authorization,and soliciting at a residence or business with a no soliciting sign. Any vehicle used in solicitation must be marked with a sign. We have requested this in order to relieve citizen's anxieties over vehicles driving slowly or remaining in neighborhoods and to provide for rapid identification when reporting violations. There is a process outlined for revocation of the permit and a penalty clause for violation. We have reviewed the process with the City Secretary and provided some estimates for a badge/ID maker. Those costs are estimated at approximately$500.00. I am available for any comments or questions that you might have. S 8e ( ) BC/bls 8'6 - • ORDINANCE NO. 643 AN ORDINANCE REQUIRING REGISTRATION OF DOOR-TO-DOOR SOLICITORS; REQUIRING IDENTIFICATION BADGES; PROVIDING REGULATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;PROVIDING A PENALTY FOR VIOLATIONS;PROVIDING FOR PUBLICATION IN PAMPHLET FORM;PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council has determined that in order to protect the privacy of its citizens and to prevent crime, including deceptive practices, fraud, and burglary, it is necessary to register and regulate solicitors who conduct business by going door-to-door; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLA E, TEXAS: SECTION 1. Purpose The purpose of this ordinance is to protect the citizens against crime, including deceptive practices,fraud, and burglary,minimize the unwelcome disturbance of citizens and the disruption of citizens' privacy, and to preserve the public health, safety, and general welfare by registering and regulating solicitors. SECTION 2. Definitions In this ordinance: CITY means the city of Southlake, Texas. DIRECTOR means the director of public safety of the city or the director's designated representative. MINOR means a person under the age of 18. • E\files\slake\ordinanc\solicit.002(1-9-96) S SOLICITATION ACTIVITIES means travelling either by foot or vehicle,going door- to-door, house-to-house, building-to-building, or along any street in the city, personally contacting occupants or other persons, selling or taking orders for or offering to sell or take orders for goods or services for commercial purposes. SOLICITOR means a person who,engages in solicitation activities. SECTION 3. Registration required A person, other than a minor, shall not engage in solicitation activities in the city without first registering with the city and obtaining a registration certificate and identification badge from the city secretary. SECTION 4. Registration for Sponsor of Minors (a) A minor shall not engage in solicitation activities in the city except in compliance with this section. 0 (b) A person, company, or organization that sponsors or employees one or more , minors as solicitors, shall apply for registration with the city. The sponsor shall pay a single $10 annual fee. (c) The sponsoring person, company, or organization shall: (1) provide to each individual minor, a badge or other easily readable form of identification which identifies the name of the sponsor and the name of the minor; (2) require all minors to wear the identification so that it is clearly visible at all times when the minor is engaged in solicitation activities; and (3) be responsible for supervising and controlling the conduct of all minors engaging in solicitation activities under the sponsor's registration. SECTION 5. Application. A separate application for a solicitor's registration is required for each solicitor. An application must be made under oath and must contain the following information: • f\files\slake\ordinanc\solicit.002(1-9-96) 2 Va-3 • • ID (a) proof of age, address, and identification of the applicant, to be provided through the applicant's driver's license, articles of incorporation, or other legally recognized form of identification; (b) if the solicitor is employed by another, the name and business address of the employer; if acting as an agent, the name, address, and telephone number of the principal who,is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal; (c) a brief description of the goods or services to be sold or offered for sale; and (d) the hours and location of the solicitation activities; (e) if the applicant has been convicted of a felony, misdemeanor, or ordinance violation involving fraud, a sex offense, trafficking in controlled substances, or of any violent acts against persons or property within five years preceding the date of application, a description of each such conviction. The description shall, include the date the offense occurred, the date of the conviction, the location of the offense, the offense of which the applicant was convicted, and the sentence received. For purposes of this section, a conviction shall be deemed to have occurred if an applicant is ordered to be placed upon 0 deferred adjudication or community supervision. (f) proof of possession of any license or permit which, under federal, state, or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any law or regulation, would exempt the applicant from the registration requirements of this ordinance; and (g) two photographs of the applicant, measuring at least 1 1/2" X 2" and showing the head and shoulders of the applicant in a clear and distinguishing manner, which shall have been taken within the preceding 60 days before the filing of the application. SECTION 6. Bond (a) Solicitors requiring cash deposits or payment for future delivery or who require a contract of agreement to finance the sale of goods or services for future delivery, or for services to be performed in the future, shall furnish to the city a bond with the application in the amount determined in Subsection (c), signed by the applicant and surety company authorized to do business in Texas, conditioned IIIf:\files\slake\ondinanc\solicit.002(1-9-96) 3 i 3 h1 • III (1) for the final deliveryof goods or services in accordance with the terms of any order obtained; and (2) to indemnify purchasers for defects in material or workmanship that may exist in the goods sold and that are discovered within 30 days after delivery; (3) for the use and benefit of persons,firms,or corporations that may make a purchase or give an order to the principal of the bond or to the agent or employee of the principal of the bond. (b) If the applicant is a person, firm, or corporation engaging in solicitation activities through one or more agents or employees, only one bond is required for the activities of all the agent or employee solicitors. (c) The amount of the bond is determined by the number of solicitors acting as agents or employees of the same person, firm, or corporation as follows: 1-3 solicitors $ 500 • 4-6 solicitors 750 7 or more solicitors 1000 SECTION 7. Fees and Duration An applicant for registration shall pay an annual fee of $10 for each solicitor. A solicitation registration is valid for one year. SECTION 8. Application Review and Registration Acceptance r (a) Upon receipt of an application, the city secretary and the director shall review the application to ensure the protection of the public health, safety, and general welfare. • (b) If the city secretary and the director find the application to be satisfactory, the city secretary shall authorize registration. 0 f\files\slake\ordinanc\solicit.002(1-9-96) 4 gd - S . . 4111 SECTION 9. Registration certificate and identification badge (a) Upon authorization of the registration and payment of the fee, the city secretary shall deliver a registration certificate and identification badge for each registered solicitor, and shall forward a copy of the certificate to the director. (b) The registration certificate shall show the name, address, and photograph of the solicitor, the kind of goods or services to be sold or offered for sale, a description of any vehicle to be used in carrying on the solicitation activities, the registration number, and the dates of issuance and expiration of the certificate. (c) The registration certificate must be carried by the solicitor while engaging in solicitation activities. (d) While engaging in solicitation activities, a solicitor shall wear the identification badge so that it may be easily read by those being solicited. If a badge becomes damaged, the solicitor shall return it to the city and receive a replacement badge. (e) A registration certificate and an identification badge shall be used only by the elperson to whom they were issued and may not be transferred to another person. SECTION 10. Denial of Registration (a) The city secretary shall deny an application for registration if the city secretary or the director finds any of the following to be true: (1) The location and time, or manner of the solicitation activities would interfere with the public's use of streets or endanger the safety and welfare of the solicitors or their customers. (2) An investigation reveals that the applicant falsified information on the application. (3) Within five years preceding the date of application, the applicant or an employee or agent of the applicant, has been convicted of a felony, misdemeanor, or ordinance violation involving a sex offense,trafficking in controlled substances,or any violent acts against persons or property. • E\files\slake\ordinanc\solicit.002(1-9-96) 5 . . 411 (4) The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit, or misrepresentation has been entered within five years preceding the date of application. (5) The applicant provided no proof of authority to serve as agent for the principal. (6) The type of solicitation activity requires a bond, and the applicant has not complied with the bond requirements. (7) The applicant has been denied registration under this ordinance within the previous 12 months, and the applicant has not shown to the satisfaction of the director that the reasons for the earlier denial no longer exist. (b) A denial and the reasons for the denial shall be noted on the application, and the applicant shall be notified of the denial by notice mailed to the applicant at the address shown on the application or the last known address. SECTION 11. , • Regulations . • (a) A solicitor shall not engage in solicitation activities: (1) between the hours of 9:00 p.m. and 9:00 a.m.; (2) on public property without first procuring authorization from the city council, which will be withheld only when failure to do so would interfere with a compelling interest of the city; or (3) at a residence or business that has a sign posted giving notice that solicitors are not welcome, such as, "no solicitors", or words of similar meaning. (b) If a person uses a vehicle in solicitation activities,there must be a sign located in a conspicuous place on the vehicle, identifying the name of the person or the company or organization that the person represents. If the name is an individual, it must be followed by the word "solicitor". The lettering on the sign must be at least two and one-half inches high. 411 f:\files\slake\otdinanc\soiicit.002(1-9-96) 6 P-7 . . 0 SECTION 12. Revocation or Suspension of Registration A registration certificate issued pursuant to this ordinance may be revoked or suspended by the director, after notice and hearing, for any of the following reasons: • (a) fraud, misrepresentation, or false statement contained in the application for registration; J (b) fraud, misrepresentation, or false statement made by a solicitor in the course of conducting solicitation activities; (c) conducting solicitation activities which were not described in the application; (d) conviction for a crime described in Section 8(a)(3); (e) violation of the regulations described in Section 11; or (f) conducting solicitation activities in such a manner as to create a public nuisance, constitute disorderly conduct, or endanger the health, safety, or general welfare • of the public. SECTION 13. Appeals' (a) A person who is denied registration or whose registration is revoked or suspended by the director, may appeal the decision to the city manager by filing notice of appeal with the city secretary within 15 days after the notice of the decision is mailed to the address indicated on the application or the last known address of the solicitor. (b) Within 10 days of the receipt of the notice of appeal, the city manager shall set a time and place for a hearing on the appeal which shall be not later than 30 days from the date of receipt of the notice of appeal. . (c) Notice of the time and place of the hearing shall be delivered to the appellant by mail, sent to the address indicated on the application or the last known address of the appellant. (d) The decision of the city manager on the appeal is final. No other administrative procedures are provided by the city. f:\files\slake\ordinanc\solicit.002(1-9-96) 7 . • ., S SECTION 14. Repeal Clause Ordinance No. 236 is repealed. SECTION 15. Cumulative clause This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 16. Severability clause It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this • ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 17. Penalty clause 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$500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 18. Pamphlet form publication clause The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than their production. E\files\slake\ordinanc\solicit.002(1-9-96) 0 SECTION 19. Newspaper publication clause The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 20. Effective date clause This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1996. SMAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1996. MAYOR ATTEST: CITY SECRETARY iiif:\files\slake\ordinanc\solicit.002(1-9-96) 9 ? /15 - 1 ° • EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney • f:\files\slake\ordinanc\solicit.002(1-9-96) 10 % 6- 1I City of Southlake,Texas MEMORANDUM January 10, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead;Director of Public Works SUBJECT: Ordinance 644, 1st. reading, Painting Addresses on Curbs Ordinance 644 will require registration of persons who engage in the business of painting address numbers on street curbs. The purpose of this ordinance is to protect the citizens against crime and to minimize the unwelcome disturbance of citizens by enforcing registration and by regulating the companies that paint address numbers on street curbs. A brief synopsis of Ordinance 644 is as follows: • All companies that paint curbs must have a registration certificate from the City Secretary. The registration fee is $10 per year for each soliciting employee. • Upon application for registration, the applicant must provide driver's license, articles of incorporation, or other legal identification; the location where business will be solicited; and information about criminal convictions within the last five years. • Once the City Secretary is satisfied with the application, the registration certificate will be delivered to the applicant and a copy to the Director of Public Safety. • The City Secretary may deny an application if the information is falsified or if applicant is convicted of certain criminal activity within five years. • The registration certificate must be carried by the vendor while engaging in business and must be used only by the person issued the certificate. • The vendor must use only black paint on the curb. • No solicitation is allowed between the hours of 9:00 p.m. to 9:00 a.m. and must not solicit if a sign such as "no solicitors" is posted. • A bold statement in the brochure "The City of Southlake does not endorse or sponsor this business and does not require that you paint your curb" must be written. City staff has received numerous telephone calls from citizens that did not want their curbs painted but believed (implicated on the vendor brochure) that the City was endorsing or implementing this service for 911 purposes. This ordinance should prevent this from further happening. Please place this on the January 16, 1996 agenda for first reading. BW Attachment: Ordinance 644 ORDINANCE NO. (P411 • AN ORDINANCE OF THE CITY OF SOUTHLAKE .REQUIRING REGISTRATION FOR PERSONS WHO ENGAGE IN THE BUSINESS OF PAINTING ADDRESS NUMBERS ON STREET CURBS; PROVIDING REGULATIONS; ESTABLISHING A REGISTRATION FEE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVER ABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI,Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and . . WHEREAS,the City Council has determined that in order to prevent crime,including40 . . .. . deceptive practices,fraud and burglary,it is necessary to register and regulate the occupation. of those persons who engage in the business of painting address numbers on street curbs; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY . OF SOUTHLAKE, TEXAS: SECTION 1. Purpose The purpose of this ordinance is to protect the. citizens 'against crime, including deceptive practices, fraud, and burglary, to minimize the,unwelcome disturbance of citizens• • and the disruption of citizens' privacy, and to preserve the public health,safety, and general welfare by registering and regulating those persons engaged in the business of painting address numbers on street curbs. 1111 f:\files\slake\ordinance\curb(10/17/95) • III SECTION 2. Definition; Registration Required "Curb painting vendor" means a person who engages in the business of painting address numbers on street curbs for remuneration. A person shall not engage in the business of painting address numbers on street curbs for remuneration in the city without first registering with the city and obtaining a registration certificate from the city secretary. SECTION 3. Application A curb painting vendor shall submit an application for registration, which shall be made under oath and which shall contain: (a) proof of identification and address of the applicant, to be provided through the applicant's driver's license, articles of incorporation, or other legally recognized form of. S identification; (b) if the applicant is. employed by another, the name and business address of the employer; - . - (c) the location or locations at which the applicant will be soliciting business;:and (d) if the applicant has been.convicted of a felony, misdemeanor, or ordinance . violation involving fraud, a sex offense, trafficking in controlled substances, or of any violent acts against persons or property within five years preceding the date 'of.application, a description of each such conviction. The description shall include the date the offense . occurred, the date of the conviction, the location of the offense, the offense of which the applicant was convicted, and the sentence received. For purposes of this section, a 111/ . . f:\files\slake\ordinance\curb(10/17/95) 2 conviction shall be deemed to have occurred if an applicant is ordered to be placed upon S deferred adjudication or community supervision. SECTION 4. Fees and Duration An applicant for registration shall pay, at the time of application, ;.in annual fee of $10 for each employee who will be soliciting. The registration shall be valid for one year. SECTION 5. Review of Application (a) Upon receipt of an application,the city secretary shall review the application and if it is satisfactory, deliver a registration certificate to the applicant, and forward a copy of the certificate to the Director of Public Safety. . (b) The registration certificate shall show the name and address of the applicant, the registration number, the dates of issuance and expiration of the certificate. It shall also 0 contain a statement in bold print that the holder of the certificate is not.sponsored, or • employed by or in any way representing the city. (c) The registration certificate must be.carried by the curb painting vendor while engaging in the performance or solicitation of business. • (d) A registration certificate shall be used only by the person to whom it is issued and may not be transferred to another person. SECTION 6. Denial of Registration (a) The city secretary shall deny an application for registration if the city secretary 0 finds any of the following to be true: f:\files\slake\ordinance\curb(10/17/95) •3 0 S (1) An investigation reveals that the applicant falsified information on the application. (2) Within five years preceding the date of application, the applicant has been convicted of a felony, misdemeanor, or ordinance violation involving a sex offense, fraud, trafficking in controlled substances, or any violent acts against persons or property. (b)A denial and the reasons for the denial shall be noted on the application, and the applicant shall be notified of,the denial by notice mailed to the applicant at the address shown on the application or the last known address. • SECTION 7. Regulations • • A curb painting vendor shall: (a) use black paint only to paint curbs; (b) not engage in solicitation activities between the hours of 9:00 p.m.to 9:00 a.m.; (c) not solicit business at a residence or business that has a sign posted giving notice that solicitors are not welcome, such as "no solicitors." (d) include the following statement in bold and conspicuous type in any brochure, pamphlet or flier soliciting customers for or advertising the curb painting vendor's services: 'The City of Southlake does not endorse or sponsor this business and does not require that you paint your curb." • f:\files\slake\ordinance\curb(10/17/95) 4 SECTION 8. • Revocation or Suspension of Registration A registration certificate issued pursuant to this ordinance may be revoked or suspended by the City Secretary, after notice and hearing, for any of the following reasons: (a) fraud, misrepresentation, or false statement contained in the application for registration; (b) fraud, misrepresentation, or false statement contained in the application for registration; (c) conviction for a crime described in Section 6(a)(2); (d) violation of the regulations described in Section 7; or (e) conducting solicitation activities in such a manner as to create a public nuisance, constitute disorderly conduct, or endanger the health, safety, or general welfare of the public. SECTION 9. Appeals (a) A:person who is denied registration or whose registration is revoked or • suspended by the City Secretary, may appeal the decision to the city manager by filing notice of appeal with the city secretary within 15 days after the notice of the decision is mailed to the address indicated on the application or the last known address of the curb painting vendor. (b) Within 10 days of the receipt of the notice of appeal, the city manager shall set a time and place for a hearing on the appeal which shall be not later than 30 days from 0 the date of receipt of the notice of appeal. . . f:\files\slake\ordinance\curb(10/17/95) 5 • (c) Notice of the time and place of the hearing shall be delivered to the appellant by mail, sent to the address indicated on the application or the last known address of the appellant. (d) The decision of the city manager on the appeal is final. No other administrative procedures are provided by the city. SECTION 10. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances,• in which event the conflicting provisions of such ordinances are hereby repealed. • • SECTION 11. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. S f:\files\slake\ordinance\curb(10/17/95) g2v • 0 SECTION 12. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 13. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or. pamphlet-form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 14. III The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 15. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. 0 f:\files\slake\ordinance\curb(10/17/95) 7 b--d • PASSED AND APPROVED ON FIRST READING ON THIS DAY OF • , 1995. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1995. MAYOR • ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City'Attorney • . f:\files\slake\ordinance\curb(10/17/95) 8 w City of Southlake,Texas 0 MEMORANDUM January 11, 1996 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Ordinance No. 645, 1st Reading,Handbill Distribution Please find attached a copy of a proposed ordinance regulating the distribution of handbills. We have made a concerted effort to balance the First Amendment rights of the writer/distributor against the community's interest in privacy and concerns of litter. There is no fee attached to registering under this ordinance. The ordinance merely serves as a tool to document the distribution of the handbills and to provide recourse in the event of misuse by the distributor. The ordinance also allows for persons to post a notice stating that solicitors are not welcome and sets the hours of 9:00 a.m. to 9:00 p.m. during which the handbills can be delivered. • I am available for any comments or questions that you might have. 8c tom) BC/bls S SD—I • ORDINANCE 645 AN ORDINANCE PROVIDING FOR THE REGULATION OF THE DISTRIBUTION OF HANDBILLS IN THE CITY; REQUIRING REGISTRATION OF THOSE WHO DISTRIBUTE HANDBILLS; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the careless distribution of handbills in neighborhoods results in the handbills being carried by the wind to the yards and streets of the neighborhoods and contributes to litter on the public streets and sidewalks within the City; and WHEREAS,when such handbills are not affixed to the doors of the buildings at which they are distributed, they may accumulate and when the occupants are out of town, may signal to others that the residents are not home, thereby creating a situation which could invite burglary or other crimes; and WHEREAS, those persons who occupy homes or businesses are entitled to privacy, and to not receive handbills if they post notice that solicitors are not welcome, and S regulating the distribution of handbills at buildings whether the occupant has posted notice that solicitors are not welcome leaves those who distribute handbills ample alternative methods of communication; and WHEREAS, the City Council has determined in order to protect the privacy of its citizens and to prevent crime, it is necessary to regulate the manner of distribution of handbills, while preserving the people's constitutional right to receive and disseminate information. NOW THEREFORE,BE IT ORDAINED BY THE CITY OF SOUTHLAIKE,TEXAS; SECTION I. PURPOSE The purpose of this ordinance is to protect the citizens against crime, including burglary, to minimize the unwelcome disturbance of citizens and the disruption of citizens' privacy if they have given reasonable notice that they do not wish to receive handbills or advertising matter, to prevent unnecessary litter on the public streets and to preserve the public health, safety, and general welfare by regulating the distribution of handbills throughout the city. • f:\files\slake\ordinanc\handbi11.003(1-9-96) 0- S SECTION 2. DEFINITIONS "Distribute means to place a handbill at the entry to a building, such as on the front door or front porch. "Handbill" means a sheet or sheets of paper, sample, circular or pamphlet which contains printed, typed, photographed, or painted material and which contains a message or other communication. "Residence" means any location which is zoned for single-family or multi-family use. SECTION 3. REGISTRATION REQUIRED It shall be unlawful for any person to distribute a handbill to any residence or building in the City without first registering with the City Secretary; provided, however, that a person who makes any distribution at the request of the occupant of the building is exempted from the provisions of this Section. SECTION 4. S APPLICATION Every person wishes to distribute handbills shall register with the City Secretary, in writing on a form to be furnished by the City Secretary, which shall provide the following information: (a) Proof of the identification of the registeree, to be provided through the registeree's driver's license, or other legally recognized form of identification; (b) The hours and location for which the registration is desired; (c) A description of the purpose of the distribution; and (d) if the applicant has been convicted of a felony, misdemeanor, or ordinance violation involving fraud, a sex offense, trafficking in controlled substances, or of any violent acts against persons or property within five years preceding the date of application, a description of each such conviction. The description shall include the date the offense occurred, the date of the conviction, the location of the offense, the offense of which the applicant was convicted, and the sentence received. For purposes of this section, a conviction shall be deemed to have occurred if an applicant is ordered to be placed upon 0 deferred adjudication or community supervision. [Niles Vlake\ordinanc\handbill.003(1-9-96) 2 • 8'0-3 • SECTION 5. REVIEW OF APPLICATION; CERTIFICATE (a) Upon receipt of an application, the city secretary shall review the application and forward a copy to the Director of Public Safety. If it is satisfactory, the city secretary shall deliver a registration certificate to the applicant, which shall be valid for one year and forward a copy of the certificate to the Director of Public Safety. (b) The registration certificate shall show the name and address of the applicant,the registration number, the dates of issuance and expiration of the certificate. It shall also contain a statement in bold print that the holder of the certificate is not sponsored, by or employed by or in any way representing the city. (c) The registration certificate must be carried by the registrant while engaging in the distribution of handbills. (d) A registration certificate shall be used only by the person to whom it is issued and may not be transferred to another person. SECTION 6. DENIAL OF REGISTRATION (a) The city secretary shall deny an application for registration if the city secretary finds any of the following to be true: (1) An investigation reveals that the applicant falsified information on the application. (2) Within five years preceding the date of application, the applicant has been convicted of a felony, misdemeanor, or ordinance violation involving fraud, a sex offense, trafficking in controlled substances, or any violent acts against persons or property. • (b) A denial and the reasons for the denial shall be noted on the application, and the applicant shall be notified of the denial by notice mailed to the applicant at the address shown on the application or the last known address. SECTION 7. REVOCATION OR SUSPENSION OF REGISTRATION A registration certificate issued pursuant to this ordinance may be revoked or suspended by the City Secretary, after notice and hearing, for any of the following reasons: • f:\files\slake\ordinanc\handbill.003(1-9-96) 3 0 • (a) fraud, misrepresentation, or false statement contained in the application for registration; (b) conviction for a crime described in Section 6(a)(2); (c) violation of the regulations described in Section 9; (d) conducting solicitation activities in such a manner as to create a public nuisance, constitute disorderly conduct, or endanger the health, safety, or general welfare of the public; or (e) conviction of an offense involving littering. SECTION 8. APPEALS (a) A person who is denied registration or whose registration is revoked or suspended by the City Secretary, may appeal the decision to the city manager by filing notice of appeal with the city secretary within 15 days after the notice of the decision is mailed to the address indicated on the application or the last known address of the curb painting vendor. • (b) Within 10 days of the receipt of the notice of appeal, the city manager shall set a time and place for a hearing on the appeal which shall be not later than 30 days from the date of receipt of the notice of appeal. (c) Notice of the time and place of the hearing shall be delivered to the appellant by mail, sent to the address indicated on the application or the last known address of the appellant. (d) The decision of the city manager on the appeal is final. No other administrative procedures are provided by the city. SECTION 9. REGULATIONS A person shall: (a) not distribute a handbill at a residence that has a sign posted giving notice that solicitors are not welcome, such as "no solicitors". • (b) not distribute a handbill between the hours of 9:00 p.m. and 9:00 a.m. f:\files\slake\ordinanc\handbill.003(1-9-96) 4 S (c) not distribute a handbill which contains any reference that the City of Southlake endorses or sponsors the activity or business, if any, described in the handbill. (d) affix each handbill to the doorknobs of the door of the building, if no one is present, so as to secure the handbill from being blown or drifted about the premises or streets. By way of example, a handbill may be affixed to the door by means of adhesive or a rubber band or by placing the handbill in an envelope which is designed to fit over a doorknob. SECTION 10. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resist the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 11. The City Secretary of the City of Southlake is hereby directed to publish caption, penalty clause, and effective date clause in the official newspaper at least once within ten (10) days after the passage of this ordinance. SSECTION 12. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 13. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. III E\files\slake\ordinanc\handbill.003(1-9-96) 5 SO 6 • SECTION 14. This ordinance shall be in full force and effect after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF S , 1996. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney • • f:\files\slake\ordinanc\handbill.003(1-9-96). 6 0 _7 City of Southlake,Texas RESOLUTION NO. 96-05 sr A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER 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 persons. Three (3) of the directors were appointed to one year terms and four persons were appointed for two year terms; 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 one City Council position has been vacated; now, • THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,.,THAT: Section 1. All of the fmdings in the preamble are found to be true and correct and the City Council hereby incorporates said fmdings into the body of this resolution as if copied in its entirety. Section 2. The City Council hereby appoints the following to fill the unexpired term. This term will expire on May 31, 1997. Councilmember Section 3. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE DAY OF JANUARY, 1996. ATTEST: Mayor Gary Fickes Sandra L. LeGrand,City Secretary q l C:\ORD-RES.AGR196-05.RES City of Southlake,Texas • MEMORANDUM 41) January 9, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Developer Agreement for Southlake Market Place Phase II Attached is the Developer Agreement for Southlake Market Place Phase II. Please note that Phase II on the attached plat has four lots: Lot 5, 6, 7, and 8. This Agreement only applies to Block 1, Lots 7 and 8. The Developer, John Drews, plans to develop Lots 5 and 6 at a later date; therefore, he will enter into a Phase III Developer Agreement at that time. The usual bond requirements are covered in this Agreement, however, there are several changes within the standard Commercial Developer Agreement requiring Council attention: • On pages 1, 2, 4, and 6, you will note the strikeouts that pertain to streets. There is no • street construction planned. • Pages 5 and 6, paragraph E. (AMENITIES:) and F.(USE OF PUBLIC RIGHT-OF- WAY:) contain strikeouts pertaining to responsibility of a homeowner's association. This development will always remain commercial and would not become the responsibility of a homeowner's association. • Page 8, paragraph A. OFF-SITE AND/OR SEWER PRO RATA: Southlake Joint Venture participated in the amount of$130,000 toward the construction cost of the S-2 sewer trunk line two years ago. The Agreement for Construction of S-2 Sewer Line, Section 4 (attached) provided for reimbursement of the costs paid in accordance with the current Sewer Pro-Rata Ordinance. Because of the S-2 Sewer Line Agreement, there are no sewer impact fees due for any development within the 25 acres owned by Southlake Joint Venture(SJV). The Developer Agreement provides language that will waive the collection ' of sewer impact fees within this development and deduct the amount of the waived sewer impact fees from the pro-rata amount that the City would reimburse SJV. • Off-site drainage payment is required toward the basin on Union Church Road. The Developer agrees to pay $736.06 based upon 3.462 acres times $212.61 per acre. • Park Fees in the amount of$1,731.00 are required ($500 per acre X 3.462 acres). S ;oA `1 Curtis E. Hawk, City Manager • Developer Agreement for Southlake Market Place Phase II January 9, 1996 Page 2. • There is no Perimeter Street Fee because the abutting streets, F.M. 1709 and F.M. 1938, belong to the State of Texas. Please place this on the January 16, 1996 agenda for Council consideration. BW/sm Attachments: Developer Agreement Plat Copy of Section 4 • wpdocs I wthead.mem l agendalsthmktpl.ii • /d - Z S SOUTHLAKE MARKET PLACE - PHASE II COMMERCIAL DEVELOPER AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the undersigned Developer, hereinafter referred to as the Developer, of Southlake_Market Place:Phase II,Block 1,SLats 7=:and'8 to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable toSouthlake::Marke(Place_Phase II; Block 1, lots-7 and 8 (a commercial development) and to the off-site improvements necessary to support the subdivision. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the public facilities to be constructed by the Developer, and providing for • payment to the City of such amounts, up to the total remaining amounts required for the completion of the subdivision 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 should be approved by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities. and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. %b.f} -3 • D. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove, which are intended to be public facilities, shall be vested in the City of Southlake 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 for this provision and for the entire agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. E. On all public facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: 1. To pay to the City three (3%) percent of the construction cost for inspection fees of the public water, strccts, drainage facilities, and sanitary sewer. 2. To pay to the City two (2%) percent' of the construction cost for Administrative Processing Fee for public water, streets, drainage facilities, and sanitary sewer. • It is agreed by both the.City and the Developer that the City will pay the following testing fees and the Developer will be responsible to pay for all other testing fees required by the City not listed below: a) Trench testing (95% Standard) shall be paid by the Developer; b) All gradation tests required to insure proper cement and/or lime stabilization; c) Technicians time for preparing concrete cylinders; d) Concrete cylinder tests and concrete coring samples. Charges for retesting as a result of failed tests will be paid by the Developer. Fees are payable prior to construction of each phase, based on actual bid construction costs. The Developer will be responsible to pay for all inspection fees when inspection is required on Saturday or Sunday. These fees are considered over and above the 3% inspection fee as stated above. Acceptance of the project will not be given until all inspection fees are paid. 411 3. To delay connection of buildings to service lines or water mains constructed under this contract until said water mains and service lines have 2 • agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, approved by the City Engineer, the City, and made part of the fmal 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. C. STREETS: (If applicable) 1. If applicable, the street construction in the o thi i n aa•t 11 t. a.a� vi ui� Vil.y V to the requirements in Ordinance No. 217. Streets will be installed in 1 • 2. The Developer will be responsible for: a) Installation and one year > , color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation .i by the Af 7 TT T lY p,,� y,,) b ii •u y�' u1V 1 L iieetoro �,-�bl• Wor1C3� 3. All street improvements will be subject to inspection and approval by the • • which they arc programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial Sit is understood that in every construction project a decision later may be 4 ion-6 commenced. The Developer has agrccd to advise the City Director of C. 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 Southlalce.,Market P1acePhase.III, Bloel 1,Lots.7.and 8 to the City of Southlake. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. D. EROSION CONTROL: During construction of the subdivision 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, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this 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 affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the subdivision. E. AMENITIES: It understood by and between the City and Developer that the Southlake:]Market Places PhasesIU "-Block;"I, Lots 7.and,S may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture,pond and lake improvements. is turned er-to es n-.— F. USE OF PUBLIC RIGHT-OF-WAY: i " 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, 5 /0 4'7 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 bought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in 1110 connection with 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 projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the agreement shall be completed within two (2)years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at 7 /0X- 9 S Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. SEWER PRO-RATA: The Agreement"for construction of'"S-2 Sewer Line between S.outlil*e°=JOiri Venture (SJV) and:its',autl orizedpartner, John Drews,provides".>in;Sect.on 4Y"that Southlake"Joint Venture'shall be eligible for ireimbursementmof the costs paid hereunder.m accordance'with"the;city's now'"current Sewer`Pro-RatiOrdinance: This Agreement Will waive,.tale collection of any sewer,.impact-fees Southlake Market Place,Phases,I';and:]I,and.will deduct the:sameyamountffroi the *mint SIV would:be:eligible to,ireceive:throu'g1i the Pro-Rasa Ordinances B. OFF-SITE DRAINAGE: The'Developer understands:,thatthe Drainage Ordinance, Section>6 Q6; 1requiresk that each development",contributeon a pro-rata basis towards thefcost o£/replace, critical'`drainage structures,downstream.from,the development:-."T is'developmerit is within the basin serving.Umon Church Road..° The;;Developer agrees to,paYi • e ense prior Vto:,the-be .irinin "A 736;06'�(3;462.acres.Xi$212.6i�):�of the.culvertexpense p .""�.. .�g-", ` g construction C. PARK FEES: The developer agrees to pay the Park Fee of $500 per acre, in accordance with the Subdivision Ordinance No. 483, Section 7.0. There are approximately 462 acres in outhlake Market Place Phase'.II, Block 1, Lots 7 and 8 which would bring the total cost of Park Fee to $$1,731:,00. E. PERIMETER STREET FEE: The Developer agrees to pay the Perimeter Street Pee of $50,000/mile, in ^ a €o, on which would require a Perimeter Strcct Fcc of$ 8 /0 4— /0 1110 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The 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 fmancial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited fmancial 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. 8. 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:I wpdocss I devagree Lsthmktpl.ii 10 /n-/? • , • • • • / / \\` N•VC1TTOLI D•OL•a091• MOEL1.S011TL•0 MKT VON. ACTON 0T NO IMO.01 TO 1.00RlG.m.ITS OLT OUV IS ROIwrMT 1.L.P. [.siM.n WMMIID ADMM.•M SOU 0M!>IO•TRACT 0r UM 5TWTED F TK w.R.4KS(0000. L•tO.N •OTMCT M.500,?MUM COIMT,TENS KWIO.O TO N OCTDO 1ECOD[0 750.04E 1•IS. I / 'sir.�.7, _ r-" a.n.p PAVE IL. MO raLE 97..RAN 40.ND MAC NM MN Mt or THE CM ALCORN v NDR1lN.M/ TM11.R COOKY.MM.NO MIL NATOL•RO CROWD NM, MILO.. gLVD). 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J r / `/ LOT N\\\. +..� s �' I 'L LOT 1 TOR NOM M MINUS!KNOW LK v S•D LOT n•S FOLOwa. 1 // `. ( L•u-T• `.-L, 5 O/ 3 NM.Il•n•E,DODO Mnro•nrR•M ADD FORD. J• S L•+L'' �C• \ W . R . E A V EIS SUP V E Yt . A B S T . No . 5 0 0 UJ[�•/ 4, I •51•n•v•.20.roFmm•FaR. �r /• \\\ I • .e•IJI. 4400..1.r.. UM Rn ♦♦/ I IMENSEte F N•aa•II'S.n0.00IQT TO M•Y•OJT M CORM F0110, / •yft_ \\ • ■SI•n•N•E.10.00 FEET TOM 1.OR•MOETE FOM. / `4•y1R\ \\ I� 11 LII C•I lLO•T 4.CLOCK 4Dw0 CSON 4110DM•NFOITIWT00MMT /' / `. ) \\\ 041•YlC•y0S•E 4 � / S' T [SI•20•or5.LN.n MIT NO10 ND LOW O LOT TO.Ot90110N ROD % / 4••\� \ YO• -Wy/p p;y n..w �-�_ Ss / . T1001CL PI Sr OMP.00ITANOOY!•I ALMS SAD 0011.0.40 1'010.Ol SOW IF[Er oFLAN•TO THE MACE mT•.Wlta n ��J__I •• l-..rrr•raL 19w.TEIOOE.OOw NL KM R NM•ERIIR. FA.r / -C. �i/ NO.e011T1LNE ROT LLIIIIFC.O NO 11•Dd M INCISOR.ITS CULT ALMOND •E.TF••' `A. \0. / •rE•r,MO lour JoaFr TI01111T DFInIA110 N MAMMON DE!.®~PM A!LOTS / M L 6EC.3 \\�. O '•�I sou STREETS.MO DINNUNT C• TaDMI' NOUN II.NI TO TK MIMICS M SE OTT C N k \3 a ISO too 500 MO IR1MIO AT 0011I.1I1S.LNIWICDMY,TEXAS nNMJ�'/�...wYv MT fm minor.ran a N! n / /u �• - M[w•COwND • eTATE Or TUN aONTT Of DE _ WON K., NC IwOOtm Nl11O•TT,DI n M IO e T DOWLT MIEN.MN R.acn. P _ •MMENT.J 10FF OPOT3 c....m. •Maw man.man.OF•Dina IE MR vor • LOTS 61 7 AND 8r 00K 1 • MA ORDIP.MD TO 1E TON LO BE OM MOOS ANC 0 OOSORD TO NE020 AVOW ND FORD:Cm FoNAI 0T.ND'D0 1 TO IC Me KATO.*D 00 SNC MS 11C 00 SO C SING MO 000RA•TOI DIMS O'NO 10.11C ONCITY DW1 STAND.ND M N ACT NO DOD 0 S SNIMTI[Alf. • •• ...---w• 001LOVANT..N0.O SOLOr COKE CTOTU_a•DATOF_____....•w.CD P U .� .' L 4(�pp --_.aro. �1f�DD.'TAB To TcO 0 ,/� CITY OP S6DTHI.ADD TION TO OODIVTl;TAD __ ,--4 „..v -s----) BEING 1&529 AQBim Of LAND LOOATND Nt THE _ IOTOOT nac v N ar,Lrt v Tow �""',. W.N.XLT RRBR=.ABSTRACT NO.COO. raFDwF[rKm_.@-T3-%9 t w,..�yw. TARRANT COUNTY.TaAH. /MOSLD n N FLYNN•MPG CONNNII t01KYM4 cATIL1TOF JULY se.1906/4 LCTB T.0 0 TO OMIT TNT..J011 P.NPR.A MOTORM0t140ML LNO MIVET0A Or • -.••-..•, Nrt' 11C 014STATE 0.Aro MOOT I or LL LOT•s w MNNE FO MOVE NTS.015 v DM1341FIRI MI R0 MOLL OE SODUMOP 7-- ---.. sNN xwT VENS E WIMN. .yr; ATtte INC. DMFMyL. NM®M TN 100110, NE THAT Tr!Mr CONECTLT IOICSORf 1Mr'JIFIL'[Y MCC 0Y NE M m; ��11MVEDT Ill..OL•TE t>D aroma w11Tt1011t twin rWtM ��/_ um 1n wEctDF ND 01TFvm1. 'b1 C/O JOINC M F .• ""'!aTT NacrARr. SEW SPIN RI 5L• 14-49o76250-I6M NNMM.INRi TRIM w•pN-FM ToM REGN A.0 A. •.D', K flf-19o-7977 1N Fr Mar qo M.p1pf0 T[LS ICmTA•TIM w.eLSf ��a1 Fw��f� %VILE T{TD.FADE 1O! 0 4Ti'•; T:•. r. D.I.T.C.T. r•Ew.LA11-w .so• t 4 ,y SOIL. 07-n-•a • 1 a. .i��l TUT FLED CJISET H ,!LEE/r12L_.DATE QLI4(1 te'1Y.�ja 1 ,.. _ • 4 . It is anticipated that the sewer construction project will be bid within one (1) year from the date of this Agreement. If the project has not been bid by the City by this date, this Agreement will become null and void and all funds paid by Myers and Southlake Joint Venture shall be refunded except as provided for herein. Myers and Southlake Joint Venture shall be eligible for reimbursement of the costs paid hereunder in accordance with the City's now current Sewer Pro Rata Ordinance. 5. In the event that the total cost of the project is estimated to exceed $435, 000, the City may, at its sole option, terminate this Agreement and refund to Myers and Southlake Joint Venture any IIIIremaining escrow balance after deducting their share of the engineering, surveying, and easement preparation and acquisition costs, or the City may proceed with the installation of the S-2 sewer line. • 6. In addition to the payments provided for herein, Myers and Southlake Joint Venture each agree to dedicate necessary easements. for the installation of Section I of the S-2 sewer line should same be required by City. Myers and Southlake Joint Venture shall each be responsible for all costs associated with construction of lateral lines, main extensions, tie-in fees, and other costs generally associated with connection to the S-2 sewer line to their respective properties after it is constructed. slake\s2sewer.agt(12291) -4- ! 0 —fir/ City of Southlake,Texas • MEMORANDUM January 11, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Developer Agreement for Huse Homeplace Addition The Developer Agreement for Huse Homeplace is attached. The usual requirements for performance or payment bonds, letters of credit, or cash escrow are all incorporated within the Agreement. There are several items that make Huse Homeplace Addition unique and require Council attention. These items are: • There are several strikeouts throughout this Agreement that refer to sewer. There is no sewer in this Addition. • One page 5, paragraph 2, are several changes. Developer does not plan to put in street lights, but language referring to street lights remains in the Agreement in case this issue • changes. • Paragraph 4 on page 5 has been added. The cul-de-sac will have a median making the street just wide enough for fire trucks, which will force restriction of on-street parking. • On page 6, section E has been changed from sanitary sewer facilities to on-site waste treatment systems. The Developer must obtain approval from the Tarrant County Health Department before a permit can be issued for each lot. • Section G on pages 6 and 7, AMENITIES, refers to a 10-foot wide strip of land that will be dedicated to the City. This land shall be utilized exclusively for the improvement and utilization as an Equestrian and Pedestrian Trail. This easement will restrict vehicle usage such as bicycles and trail bikes. The Developer has the right to change the location of the easement by giving written notice of the change to the City and submit an amended plat. City Attorney, Wayne Olson, has reviewed this paragraph and his changes have been incorporated in this paragraph. • Page 7, USE OF PUBLIC RIGHT-OF-WAY: has changes. The City will require the Developer to provide amenities within public right-of-way (cul-de-sac). • On page 10 the strikeouts pertain to off-site sewer and off-site drainage. There is no off- site sewer and off-site drainage in this Addition. /oP-1 S Curtis E. Hawk, City Manager Developer Agreement for Huse Homeplace January 11, 1996 Page 2. • Paragraph B, PARK FEES: refers to the dedication of the 10-foot pedestrian easement. This easement dedication may be accepted in lieu of Park fees. Council should note that this item has not officially been presented to the Park Board, but is in accordance with direction from the City Council. • On page 11 the reference to Perimeter Street Fees is struckout because it does not abut any major street. Please place this on the January 16, 1996 agenda for Council consideration. BW Attachments: Developer Agreement S Maps wpdocs I wtheat.mem l agenda I huseda.wpd S / 0 6-� ® HUSE HOMEPLACE 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'"Huse:Homeplace Addition, to the City of Southlake, Tarrant 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 6 lots contained within the flus-e-someplace 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 of the lots after installation of the water and scwcr mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs (permanent) with street names are in place. The Developer recognizes that the emainirigbuiilldingperinits'g a Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within the Addition has 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 ® and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or /0�-3 suppliers prior to the release of escrow funds or reduction in value of the account. 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. If the Developer chooses to construct bar ditches in lieu of curb-and"gutter, and City approves;:thedesign and.grade of bar ditches,;Developer`understands'and`agreesf, to provide maintenance onlhe,bar ditches'for a period twoa;years.ffom>the date:of acceptance Of the Addition. Maintenance mcludes trashariddebrisacleanup,mowing; arid.erosion control: E. Until the performance and payment bonds, letters of credit or cash escrow required Paragraph C has been furnished as required, no approval of work on or in the Sin 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 acknowledgement 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: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent(3%) of the cost of the water, street,drainage and sanitary sewer facilities,on all facilities included in this agreement for which Developer awards his or her own • -2- /08 - � construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent(2%) of the cost of water, street,drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: 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 party, 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. 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 ,. -3- /0.°-s" 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 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 should Developer desire,;to'mstallst"reet li_ghts:at later date; 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 will replace standardsignage:and invoice the Developer, or; Homeowner's Association is only responsible for replacement of standard signagc. 3. All street improvements will be subject to inspection and approval by the 4111 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. Tl e st eet toRbe constructed:by tl3eveloper�jpursii t;tci:tlii"s Agreement shall 13e3retr e d,efait'On-stre0;parl4ngi -5- /0 ie-7 ® _ O_. TR__..;. __ Y,..,,, ..,. .F_. ON=SITE:WASTETTREATIv1ENT'S°YS'l'ElVIS: The'City of._,Southlake does not eurrentlY'have sewer• iii o serve this Additiorir1 Therefore, all'�lots within this;Addition must.be'sewered"by;on-site waste treatment systems and all; such: systems ,must 4 be,approved,by"Tarrant County Health Department :Percolation tests will be required upon each'lot prior to issuance of:a building:permit: Any>lot 4whichh-,does not pass a,per'colation..test'performed:by a hicensed sanitarian or.12egistered��Eiofessianal.Engineer,sliall�not be:given�a building permit: _... ,._..,_E. ON-SITE SANITARY SEWER FACILITIES: The Dcvcloper hereby agrccs to install sanitary sewerage collection facilities to ition. Sanitary sewer facilities will r 1 Il0.L1V11J LV VL V1a Vcu�u v� Developer's engineer and reviewed by the City. Further, the Dcvcloper agrccs to regulations and c F. EROSION CONTROL: 111 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, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this 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/, 4 LM NITTES=_ f� Tt is:understood byar d•,zbetween9�the:City=and'Developer that"tlie..Devel,''oper;shal l dedicate`.on a:plat a�;ton-k of 1'0' ;yvc ide'sti ".of:land as an=easement/trail>connectin -i` t- e �.t r:the -.'ubliciy `°Yde"dicated=:ri ht-of-w oil they Corp,.of.�Eng�fieershprop �1y� o-y.� p. y; g �Y ,�.. ' 1,;r" :„'r.'.i is ?'..'d.�3,3 .. .Ls :'�" :Sk�., C4tgouthiake.s m y f uch'an op on shoal ternatxvel' ;toahe:;. tv aste ';trailss stem sr exist. Th is.easement sl all be:'utilize"d exclusivel for:the im rovement;andtutil E uestrian andsPedestrianfTrai`ls. The'"Cii rees;toacce i responsibilityTo -6- L8 B- �' the,construction and,maintenanceof Said'easerne'ntoi trail;.including the fencing-4 said easement/trail. Additionally,the City will restrict the:use of this;easement/trail from,bicycles-,-trail bikes, motorcycles; "four _wheelers "and'-any: other sunilar, vehicles. The City„will also'restrict the'transport of boats ;canoes; kayaks,mnertubes or other such.equipment through or across the easement/trail• Until‘such'time'asthe City constructs the equestrian/pedestrian trail,the Developer shall;have the right s changethe location of said easement��by giving written notice;of said change to the City,.,which change:shall-be memorialized by.the submission by the Developer toftlie' City of an ainended plat::;The Developer may also incorporate yspecialw signs,and accessory facilities.:,within'the Addition and/or within. the easement, whose maintenance shall.be the responsibilityT of the Developer, accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as wales vegetation, signagc, landscaping, street furniture, 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 willmay provide unique amenities within public right-of-way, such as landscaping with.n he ail-de-sac, 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 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. START OF CONSTRUCTION: Before the construction of the streets,water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. • -7- /O 6-g t2. 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. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. 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 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 -8- f 0 ,4 -/o 411 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 4E- 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 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 -9- /0 g -!/ 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 AND/OR SEWER PRO-RATA: B. OFF-SITE DRAINAGE: . J The Dcvcloper understands that the Drainage Ordinance, Section 6.06-B, requires that each development contribute on a pro-rata basis towards thc cost of replacing critical drainagc structures downstream from thc development. This development is within thc basin served by the box culvert in . The Developer agrees to pay their share of the culvert expense prior to the beginning of construction. A. 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 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. B. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Ord.),Article VII,Park and Recreation Dedication Requirements. The Dev agrees to4;de'dicate-'andy the;Ci a ees to'acce 't..ther 10-foot l'0) =mil," ✓a r ,�: '� 'al,:, 'r;�'�' edestriari easement,'bu4lu ealn.-.0geppn:Il-G',herein anxliewof- ark':fees ; 4 -10- /0 6-J 21 E. PERIMETER STREET ORDINANCE: The Developer agrees to pay the Pcrimctcr Strcct Fcc of $47.50 per linear foot. $50,000/mile, in accordance with Section IV, Paragraph B, sub-paragraph 2 of Ordinance No. 494. Approximately feet of the development abuts on , which will require a Pcrimctcr Strcct Fee of$ C. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: 1 Address Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: -11- /0 B--4 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit(L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The 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 fmancial 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. 8. 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:I wpftlesldevagree Iformat ' -12-, MI ®I , X--113) 71 1 ^ss: ,_•_,.�, 1 — L mar• oAts sMe I I.-100. ` LOT a ao,..wmmnart.aMwed c.....1...11...... M a....3%IIre.. moo ii4 A... . ---- m.,,r,,.w . ...... o.. ...r. I.., / !..-7 A"" ,.,..a.. 1 . .e,r.....7... Y.2074 P9.907 \ ulR m.ccwlc ; ,uw, LOT 9 '= "...".I.."i '^7.. ,,TOW ax,,.7T . =VA OM gl�alr .w. a.. C• ......7 a r M x.. "�Ix .."'R.r v wet:,.,. 1 ° .1411 �.�"0Iadeoff.. rI��.`w....., .�v..rr.crl.rrre..,Ur . 1 r •... lMt. s..,Y�.~r r.o....T.ew rW a.....s 1 'o.®.;••..'.:T�..1:=.wears:..`...+'S:rn•' w..o..... 13 ..w... "...,,....r..".,�...1`..r ••• Y s'L.�v: trine a a..ram n err n�..a�,1..r r... ols x be.... ---"" ....n...ate.a w1 I.+.v...w,.011a .'1�.�""s.�:i�"..w:.+.�'-1°=�. ...�.Z r,�.Y. c-n,. ,sci,l vxx tvI i-�y- ' I,oa.�...�aw.—o.i,�`i..r�l,w�r`r'.Yriw�+w "�+rr ....�.��•7:: I r.r `.. _ in,+ f I.e....I.. 1wa.m T... ,.p..1..n...wsr,w..rr.r,..w o . •i•'*b4 MA { gag. .o. .:.to.r.O.-....'.......A....... 1 Area e. A... ' �•xr s e•LAOW'4�0.A.00 SOpiR.00 \ ..�qM.. _ 1 _ .ovr...Avw.nXA. t '0.. 3 , 00s' \ w e.. O / --�4._.! NI ra•t n'r�a ' + .�., r. l tor1le i pT I t Il Are iLL.. t.J�•.I•J `:1..1 11j L� I (v,, .fl.1441 ,I PE 1rT. 9.ef VJw / ` I ,• aleT0. •l_1— b� __� § c '---N.-- —HARBOR CT. g� I ` -,m. aLDtz[s FINAL PLAT 1 ��Orppt�T" 4•-� HUSE HOMEPLACE 81 kw PA.43 Mow •,'� - LOT. 1 II Area- LOT n te A... & an addition to the city of SOUTHLAKE vlmamsTaAMaR: I • P.0.0. • J.M.LEIN11T rl� 1k4 ,c1.r, �,//�* I TARRANT COUNTY.TEXAS ENGINEERS SMEl FLAMM R.D.rear wan? 1,,�g� n,�- s ,t+,C ,' _- m¢v1i IN THE KS.PRICE SURVEY f.SNOT�` l; r __1u1.a 1.anima wan, WY WTitQR3 +_) � JMua E.wran\.1am i •2O? I Wee I traw P.O.OM oaea 18.83 ACRES T20 JOt0/t S7DM 51,1[1(N A'afa \ et. a1.O1C1[.A. I 90UTNN4 TEW leo.2 8 WTS 9WMA2 00-O Mee •\ Let I9 I LOT to I LOT 1e I LOT 19 OM tleo->n9 25 DECEMBER 1995 LOT a QUAIL CREEK ESTATES \ V.3aa-11a,Po.92 i I Doom\ P.R.T.f:r,T.. 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CKIICERZ 104 1 Rr K -R — - R _. - "' aD L,K.._7„ 5,1. s si' (' Ma .14 S w• NZ xK7 x+0 A • xa1 Al(E Q • o -x; SS L/'�I�GSm H. CHIHER5 I IA4 xm14 -rb. •• •C • � 10 Ur �il I ` \ >,a�K sPER -- 1714 x.0 �',r`u•_ Mirgilirisaf .,,© I T w Ib xK Fc,T.'\OO- fy ,'Y r . ' . IJJ'1•y IQ M :-_ 1 1wa i �_ � - nx4 o e E��, as.4 — !"a ' ' 1r ', c x1a x•au �' •�ivERN. yQ41 ink I O us bel'L _ /.GRE N.K ADD y u 1 /] xw. ` KM Sr ul., C�Z/ "�-�-- !" JACK S --- ln1K xw4 I : • J( VAX 4 k I il. JOHItSON 1.N x.. �•�1,••r 1 •c FrNERs p�exrurr H1� x� _ J2_- n c IC ©,` XI/ sK -MG N Sl !K la K CO K 14 _,JESS c~ • N-,-- -te x"�' �/\,1. r 1.-,n' G Y x1p Sun 11 �15' r- SSj1 -. KN4 I, x1.1 •114 -01.1p1 ,R4 — : .�. e Di_ _ . TRACT MAP I ,. • ..1 x11,.., Fr Y - x1I I i Ma 11111.211. 1Id . I1 . i u7 V` .„[ Y M ui0 _y:PeID :.I ..---1--- Jy � I I i i71n ql. I I /0- /V 11'11{ I I 1 • 1 .C�I'� , 1 • :I.,..,, .art i , u r , fi ak�1 • . tAa..:n saM,u I: ' .. i� dI i I 1. i City of Southlake,Texas 0 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 Staff's 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. 6/ GL/te att: Memorandum dated June 2, 1995 Draft of 1996 CDBG grant application G:IWPFIPROJECTSICDBG961CC DISC.WPD 11 . 11A-1 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 IBUDGET 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 11A-2 City of Southlake,Texas 0 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 G:\WPRPROJECTS\CDBG96\CC-1.REV 11A-3 COMMUNITY DEVELOPMENT BLOCK GRANT 1996 PROJECT INFORMATION FORM 1. City Name: - City of Southlake 2. City's 3-Year Goals and Plans for Community Development Projects: Continue to extend new domestic sewerage service and water facilities, including fire protection to existing homesites located in lnw and moderate income neighborhoods. 3. Project Location (Complete Address and Mapsco Coordinates): Mapsco Map 24 (B) Involves the existing Sutton Place Addition _ 4. Census Tract: 1139.02 5. Type of Project: Sanitary Sewer Lines Construction 6. Cost/Engineering Estimate: $140,000.00 7. Funding Sources: CDBG grant funds together with local funds for project, should project costs exceed grant availability. 8. Engineering Firm: Cheatham & Associates 1601 E. Lamar Blvd. . Suite 200 Arlington, TX 76011 Engineering Contact: David E. Mayes - Project Mgr. 817/265-8836 9. City Contact Person(s): ' Robert R. Whitehead, P.E. Phone: 817/481-5581, ext. 741 10. Date of Submittal: February 10, 1996 11A-4 1 - Environmental Assessment Statutory Checklist • Project Name and Identification No. 'Southl ake 22nd Year (1996-97) B9•-UC-48-0001-60-15 Area of Statutory-Regulatory • �� Compliance a • cy c`Q `oa o (Citations for applicable statutes `.9h 4�0 ��a .�;a o°�oay a` / Provide compliance and regulations are printed on o a a C e documentation the back of this Checklist. Full : �° 4` 4`' discussion of each is provided in �a tii ti �.1,�0 �4°� Additional material Appendix B.) �o Go`y 4` y�``� dT'�aa G°�` may be attached • Historic Properties X • Floodplain Management X Wetlands Protection X Noise • X Manmade Hazards . X Thermal/Explosive Hazards Airport Clear Zones X • Air Quality X Water Quality - Aquifers X • Coastal Areas X Coastal Zone Management . 1 Coastal X Barrier Resources Endangered Species X Farmlands Protection P , • Wild and Scenic Rivers 1 X I I I I 'Attach evidence that required actions have been taken. 11A-6 22 • Statutory Checklist • Permits, Licences, Forms of Compliances Under Other Laws (Federal, State and Local Laws) Project Name and Identification No. Southlake - 22nd Year (1996-97) B9.-UC-48-0001-60-15 OTHER AREAS OF STATUTORY AND „ a o4o`o �` � REGULATORY COMPLIANCE G APPLICABLE TO PROJECT a` °' �� o cF as� Provide compliance �3 °? 4 y a3 documentation e49 y r z �° °.,�,� Additional Material • G° 4� yam` 4 NQQ v may be attached Water Quality X Solid Waste Disposal X Fish and Wildlife X • State or Local Statutes X • (to be added by local community) Note: See HUD-399-CPD, "Environmental Reviews at the.Community Level", as revised for further details regarding the use of assessment formats. Prepared By Title City Engineer Cheatham & Associates • 1601 E. Lamar Blvd. , #200 S Arlington, TX 76011 Date February 10, 1996. 11A-7 23 • • Environmental Assessment Checklist page 1 Southlake - 22nd Year (1996-97) Project Name and Identification.No. B96-UC-48-0001-60-15 / 1 / 2/ 3 / 4/ 5 / 6 / 7 °+ 04 f 0 O rJ *; • aG4 fi ZS+c c y O+ qi� Z O° $ Source or Documentation a' �1 4 ;3 ,4,4 (Note date of contact or � s.Sm c'��`,� ��' page reference) ��' �O �O ;; °? Additional material maybe Impact Categories c.9 ¢° Q°� � c° attached. Land Development Conformance With Comprehensive Plans and Zoning X Compatibility and Urban Impact X Slope X • Erosion X Soil Suitability X Hazards and Nuisances.Including X Site Safety Energy Consumption X Noise Effects of Ambient Noise on Project and X Contribution to Com- munity Noise Levels 4111 11A-8 27 Environmental Assessment Checklist • (continued.page 21 . . • • Southlake - 22nd Year (1996-97) Project Name and Identification No. B96-UC-48-0001-60-15 1 2 3 4 5 6 7 o0� $moo it ��4 Qo°,Z4tio4 44c q.4 Source or Documentation c, g ,� g (Note date of contact or �.s `,,d czz' �' c t, q �' page reference) `S 4" I� p. elk ma a Additional material may be Impact Categories .° yo Q m o 4m Qo, .4, 4q attached. Air Quality Effects of Ambient Air Quality on Project and x Contribution to Com- munity Pollution Levels Environmental Design and Historic Values Visual Quality— Coherence,Diversity, Compatible Use,and X ' Scale S Historic,Cultural, and Archaeological X. Resources Socioeconomic Demographic/ Character Changes X Displacement • X Employment and Income Patterns X Community Facilities and Services Educational Facilities X Commercial Facilities X Health Care • SSocial Services • X 28 11A-9 Environmental Assessment Checklist • (continued,page 31 • Southlake - 22nd Year (3;996-97) Project Name and Identification No. B96-UC-48-0001-60-15 1 2 • 3 4 5 6 7 �. ° Q' *o r 4 Source or Documentation a, �, �`� 4 (Note date of contact or „Z p.457 v�St' ,e page reference) `°� ." y� Additional material may be Impact Categorieso y° 4°4,94°� r .9 attached. Community Facilities and Services(Continued) Solid Waste X Waste Water X • Storm Water X Water Supply X Public Safety Police X Fire X • Emergency Medical X • Open Open Space Space and X Recreation Recreation X Cultural • Facilities X Transportation X 11A-10 • Environmental • Assessment Checklist (continued,page 41 0 Southlake 22nd Year (1996-97)- Project Name and Identification No. B96-UC-48-0001-60-15 1 2 3 4 5 6 7 O�� aoo a �a p 4 a' a' $' �o ao .t. 1 Tl o Q , yaa C Source or Documentation c,`' ti (Note date of contact or 4� a a o �' t' �' page reference) s:F �mfi ems A `m4 a sae a Additional material may be Impact Categories �0 40 40¢0 40 40 42 ¢0 attached. Natural Features Water Resources • X Surface Water . X • • Floodplains X Wetlands X Coastal Zone X Unique Natural Features and X Agricultural Lands Vegetation and Wildlife X - • S 30 11A-11 Environmental Assessment Checklist (continued,page 5) • Summary of Findings and Conclusions: The project can only enhance the quality of living in Southlake, i .e. : 1. Better quality of the environment. 2. Elimination of faulty septic tank systems. 3. Better conveyance and treatment of domestic waste. 4. Reduces wasteful and excessive repairs to aging septic tank system. Summary of Environmental • Conditions: Not Applicable • - Project Modifications and Alternatives Considered: Not Appl i cabl e i 31 11A-12 Environmental Assessment.Checklist ® (continued,page 61 Additional Studies Performed(Attach Study or Summary) Not Applicable • Mitigation Measures Needed: Not Applicable S 32 11A-13 Environmental Assessment Checklist • (continued,page 71 1.Is project in compliance with applicable laws and regulations? ®Yes ❑No 2.Is an EIS required? ❑Yes ®No 3.A Finding of No Significant Impact(FONSI) can be made.Project will not significantly affect the quality of the human environment. ®Yes ❑No • • - Prepared by Title Cheatham &Associates Pro.iect Manager David E. Mayes • Date • • 11A 14 ' 33 Listing of Applicable Please see Appendix B of this Guide Statutes and Regulations for explanation of procedures to be followed. by Area of Compliance O • Historic Properties HUD Notice 79-33) Indefinite Notice, September 10, National Historic Preservation Act of 1966, Section 1979. 106 (16 U.S.C. 470f) . Preservation of Historic and Archaeological Data Act HUD Regulation 24 (CFR Part 51 Subpart I)) of 1974 (16 U.S.C. 469-469c) Water Quality* Federal Water Pollution Control Act, as Amended (33 Executive Order 11593, Protection and Enhancement of U.S.C. 1251-1376) the Cultural Environment Floodplain Safe Drinking Water Act of 1974 (42 U.S.C. 300f-300j-10) as Amended Flood Disaster Protection Act of 1973 (42 U.S.C, 4001 et. seq.) and Implementary Regulations U.S. Environmental Protection Agency (EPA) Im- plementing Regulations 40 CFR Parts 100-149 Title 24, Chapter X, Subchapter B, National Flood Insurance Program (44 CFR 59-79) Solid Waste Disposal* Solid Waste Disposal Act as Amended by the Resource Executive Order 11988 and HUD Procedure for Conservation and Recovery Act of 1976 (42 U.S.C. Floodplain Management (24 CFR Part 55) (When 6901-6987) Issued) U.S. Environmental Protection Agency (EPA) Im- Wetiands plementing Regulations 40 CFR Parts 240-265 Executive Order 11990, Protection of Wetlands and Coastal Areas Applicable State Legislation or Regulations. Also 24 Coastal Zone Management Act of 1972 as Amended CFR Part 55 (When Issued) (16 U.S.C. 1451-1464) Noise Coastal Barrier Resources Act of 1982 (16 U.S.C. 3501 40HUD Regulations (24 CFR Part 51, Subpart B) et. seq.) Air Quality* Endangered Species Clean Air Act of 1970 as Amended (42 U.S.C. 7401-76 Endangered Species Act of 1973 as Amended (16 42) EPA Regulation 40 CFR Part 50, and Partially 40 U.S.C. 1531-1543) CFR Part 51, 52, 61. Farmlands Protection Man-made Hazards Farmlands Protection Policy Act of 1981 (U.S.C. 4201 HUD Regulation (24 CFR Part 51, Subpart C) et. seq.) Implementing Regulations 7 CFR Part 658 Wild and Scenic Rivers Wild and Scenic Rivers Act of I968 as Amended (16 U.S.C, 1271 et. seq.) *Environmental laws that have permit, license or other forms of compliance usually implemented through a State agency are also listed here. III 24 11A-15 0 - CHEATHAM&ASSOCIATES 1601 E. LAMAR BLVD.,SUITE#200 ARLINGTON,TEXAS 76011 817/548-0696 - METRO 817/265-8836 ENGINEER'S ESTIMATE SUTTON PLACE CDBG PROJECT WATER DISTRIBUTION SYSTEM COST ESTIMATE JOB NO.001-934 DATE: January 3, 1996 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1 8"PVC SEWERS(0'-6'DEPTH)-STD.EMBED. L.F. 85 16.00 $1,360.00 2 8"PVC SEWERS(6'-8'DEPTH)STD.EMBED. L.F. 810 18.50 $14,985.00 3 8"PVC SEWERS(8'-10'DEPTH)STD.EMBED. L.F. 165 20.00 $3,300.00 4 8"PVC SEWERS(8'-10'DEPTH)TYPE"A"EMBED. L.F. 180 21.50 $3,870.00 5 8"PVC SEWERS(0'-6'DEPTH)TYPE"A"EMBED. L.F. 600 16.50 $9,900.00 6 8"PVC SEWERS(6'-8'DEPTH)TYPE"A"EMBED. L.F. 640 19.00 $12,160.00 7 4'DIA.STD.SEWER MANHOLE EA. 8 1200.00 $9,600.00 8 EXTRA DEPTH OF STD.M.H. V.F. 12 120.00 $1,440.00 9 4"S.S.LINE(LONG)W/HSE CONNECT. EA. 14 2100.00 $29,400.00 10 4"S.S.LINE(SHORT)W/HSE CONNECT. EA. 13 1650.00 $21,450.00 11 DRIVEWAY&STREET REPAIRS L.F. 1400 8.00 $11,200.00 12 BORING&TREE CONFLICTS L.S. 1 615.00 $615.00 13 TRENCH SAFETY L.F. 2480 1.50 $3,720.00 14 EROSION CONTROL L.S. 1 2000.00 $2,000.00 IIII TOTAL EST.CONST.COST $125,000.00 j These items include 4"private gravity service line& ENGINEERING&SURVEY $15,000.00 connection to existing house outlet,prior to discharge into existing septic tank. Cost estimate also includes disconnection&backfilling of existing septic tank. TOTAL EST.PROJECT COST $140,000.00 /SUTTON • 11A-16 ___._.� ��K _}- _ .-•--, 1 1 1 1 / ,1 I ,,,.,..I B I" 'N.,... AIL_AiA uu i 2c 2 3A i ice,_;_;_ _� q _ r ____ PROJECT 6 6A1 I • I VIFTA 1I-N _ - . .-1Clit5 _i-.../ - j 1 _• p.-.-.t .-. ....RA LOCATION -.Ti ••• ill ir,gui'",,,, _.,,,i 3681 _._+_._� •-. -_ E- y (MISCELLANEOUS SEWER LINES) +0 1 3F . *'ID ^ 35T�30 3A 3 3E 3E1A 38 9 9 , 3 9 9 1C \\ D 0 i D D R p 1 �' 1�]r g 3F9 '3F1H --_.3D2A 1 3H3 6 I i 3 9A 9A1 CJ� V l' 3F18_ ,,I IG!a 3FIu cYy IZ. ,i 7 20 r .\ I I I 1 ,.,3F'' 3F1J a L . E lz1 99 -, 9E11 2 r i x 3F1E - • 3E1 i I i I 011' � '3H i �Y 9C1 RcyON •1 2F1 _•i_- 3Fs 1A -- AG5. /26 l' _._ '._-ttt_-_- - -. 10 3F1F ESTIMATED CONSTRUCTION Vin - � 18 + COST INCLUDING 4A 4H 4G1 _._. _.+._. __I 7 7B - • 4A1 I - r NJOHN. J. IFRIE- - 4°1-.- SURVEY A-521 ADMINISTRATION it ,r31 4 __ -T- 19 ENGINEERING c , D f- - . SURVEYING A 4` c2 - _.T.-- -- CONSTRUCTION � G"` 5 •'K -"-- •-•1._•_ ---. 7C11 1Q4,N$(84 _ $140,000.00 18 lB i i i IC1 1C I It'2C5 2C7 2C17 2C18 2C2 2C3 2C9 2C10 2C312C32 i ; .'6i I I I I I I I 1 -118- 5O 2 2 _.�.1._. I 1 4 f_a._ FLORENCE 1 . CI J� ELEM. 181 = SCHOOL 128 Ac 1 '.\ i i _- V . _G.T._._. . 51 -o - 1B1:1 •1 181�2 - G E5 �, , ._; 11; — 1H . iBt� tE I `3 �1 2E 2D 181.. 18 j 61• 181AD 1A CJ �- -• 1 F E r- _- 9.3 AcA� 2R „II 11 I N r I _ � 3R,� c CROS NG , I it ' .——•—— _._._._._. -_--y - _;_." �T 0 {., i r �;i� A4 �R: _._ + iR P i i G� G�� x---•-- 20 Ac 2C14 2C15 zDt 1K , ORD _DRI ._._.�._ 11A-17 --._ 2A1A 2A1 ' I II _._._ _ ,�ti KC _� m . _ PROPOSED 22nd YEAR '�' COMMUNITY DEVELOPMENT BLOCK GRANT ' ,c FOR . CITY OF SOUTHLAKE L _ A3 l K151. n I .,I I I I I I I li 5?1 HE �} �_ ENGINEERS - PLANNERS - SURVEYORS 2A2 uze I ` ,P(f�g� A Subsidiary Firm of Southwest Planning and Design, Inc. , 4� sc 1601 E. Lamar Boulevard - Suite 200 - Arlington, Texas 76011 1 I I I L p e i 817/548-0696 - Metro 265-8836 - Fax 817/265-8532 I 1 i i 'B ,B p� 6B Southlake CDBG Application-Job No. 001-431 6c7 c1 I 11 _.. City of Southlake,Texas 011 MEMORANDUM January 11, 1996 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director Bob Whitehead, Public Works Director SUBJECT: Administrative Procedures - Submittal Schedules We would like to identify some changes in administrative procedures in both our departments which we feel should be implemented in order to responsibly manage the development requests being processed through the City. Historically we have been fairly informal in our procedural requirements and we are finding that the burden of coordinating development requests through the City has shifted from the applicants to our staffs. We would like to shift this burden back to the consultants and developers who are bringing the requests to the City. This will require more strict adherence to administrative procedures we establish. We are 0 bringing this discussion before you and request that you further allow us to present these changes to Council. We would like support from the Council because we anticipate continual requests for leniency from the development community and this support will allow us to more effectively administer the responsibilities of our departments. The changes are organized by department as follows: COMMUNITY DEVELOPMENT (Contact Greg Last, ext. 750 with any questions) 1. I would request your support in enforcing the "resubmittal" deadline outlined in our submittal schedule. Although staff includes the date of resubmittal at the end of.every review letter on every case, many of the consultants are failing to resubmit by 5:00 p.m. of the resubmittal deadline. This requires that the Community Development Department staff call the consultants and/or developer to remind them that the previous day was the submittal deadline. Then the consultant scrambles to prepare the resubmittal and typically gets it to C.D. late Tuesday or early Wednesday. This is not allowing staff time to review the projects adequately prior to placing the reviews in your packets. A change in administrative procedures would be as follows: a. No reviews will be done on any resubmittal which is not received at the City by 5:00 p.m. on the resubmittal date as outlined in the schedule. On plats, staff will • forward a reduction of the first submittal and the accompanying review. Council C:\WPWIN60\wPDOCS\WTHEAD.MEM\AGENDA\DEADLN.SUB a/ B-1 Curtis E. Hawk, City Manager Submittal Schedules • January 11, 1996 Page 2. would have the option of acting on the plat as reviewed by P/Z or tabling it for two weeks until the next meeting. (Our current schedule allows this within the 30 day legal requirement.) On Concept Plans or Site Plans, staff will only forward a memo stating that the required plans were not received in time. Council would then table the request until the revised submittals were received. This will allow staff adequate time to review the submittals. With the recently approved ordinances (Corridor and driveway in particular) we need every possible minute to review the development proposals and the lack of cooperation by the consultants is making it more difficult for us to review the projects thoroughly. It is my opinion(Greg Last) that once a consultant's project is tabled a time or two due to their inability to meet the deadlines, the owner's and developer's will make the changes with their consultants necessary to meet the deadlines. City staff should not have to bear the burden of administering the development requests throughout the life of the project. PUBLIC WORKS (Call Bob Whitehead, ext. 740 with any questions) SThere have been several instances where developers have requested that Developer Agreements be processed prior to the review and/or approval of construction plans. On several instances Developer Agreements have been requested prior to the submittal of construction plans. Public Works staff recommends that we establish a formal policy relative to the submittal of construction plans and the placement of the Developer Agreement on the Council agenda. Regardless of the number of submitted construction plans, review and first comment letter can be done in three weeks. If there are not many plans in review, the process can be completed in 10 - 12 calendar days. This does not imply that the plans will be approved at this point, only that they have been reviewed and that comments have been provided to the design engineer. All developers should be informed that in order to place a Developer Agreement on the Council agenda, complete construction plans are due to the Engineering Division no later than 25 days prior to the scheduled City Council Developer Agreement meeting. This equates to 21 days prior to the distribution of the packets. If Park credit toward the Park Fees is desired, the Developer should appear before the Park Board. Requesting Park credit may require additional time over the suggested 25 day time frame and Developer should consider this when in the process of the Developer Agreement. This may be done in conjunction with the plan review time frame; however, Public Works staff needs the • C:\WPWIN60\WPDOCS\WTHEAD.MEM\AGENDA\DEADLN.SUE // 3-d- of Curtis E. Hawk, City Manager Submittal Schedules January 11, 1996 • Page 3. recommendation (in writing) from the Park Board in order to refer to the Park credit in the Developer Agreement. We appreciate your time in reviewing these requests. It is our hope that these changes will allow us to provide you with better information in a more timely manner and better represent the interests of the citizens of Southlake. lie Greg Last, Community Development Director Bob Whitehead, Public Works Director S . . 0 C:\WPWIN60\WPDOCS\WTHEAD.MEM\AGENDA\DEADLN.SUB City of Southlake,Texas MEMORANDUM January 10, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Interlocal Cooperation Agreement for the Provisions of Sanitary Sewer Services In west Southlake two drainage basins include properties in both Southlake and Keller. These basins for sanitary sewer are designated in Southlake as S-i and S-2. If both cities provided independent sewer services to their respective citizens, there would be a duplication of services. Therefore, this Interlocal Agreement is to provide for sewer services through the respective cities' system in order to avoid the duplication of sewer lines. Keller City Council is discussing the attached Agreement on January 16, 1996 and will consider the Agreement on February 6, 1996. Therefore, this item is for discussion at the January 16, 1996 Southlake City Council meeting with the intent to place the Agreement on the consent agenda on February 6, 1996. This Agreement has been conceptually discussed with Southlake City Council at their June retreat, and while we discussed sewer services for the Neighborhood Sewer Program. Also, Eddie Cheatham and I met with Keller City Council on August 15, 1995 in a work session to present this concept of providing sewer services. The following are the essence of the Agreement: • Southlake will provide capacity in the S-2 line for Keller residents north of Florence Road; • Keller is providing capacity in their existing system for the north portion of Southlake's S-1 basin through the Florence School sewer line and will provide two more collector sewers to serve the southern portion of Southlake's S-1 basin. These sewer collector lines will be constructed upon written request by Southlake and within one year after the engineering is complete and easements are acquired; • the sewerage will be metered by each respective city; • each city will keep their respective sewer impact fees and any other fee collected from citizens; and S Curtis E. Hawk, City Manager Interlocal Cooperation Agreement January 10, 1996 Page 2. • both cities agree no additional areas outside the S-1 and S-2 basin may be added to this agreement without written consent of the city impacted by the additional sewage flow. Public Works staff recommends that this Agreement be presented to the City Council during the January 16, 1996 meeting for discussion. 6? BW Attachment: Interlocal Agreement IIIwodOcslwthead.memlagendalkellersw.agr 0 i/ - zf ti /16,16-1- 1��`1 c7�1 SGv5 .. cry /( • INTERI,OCAL COOPERATION ACTRFFMENT FOR THE PROVISIONS OF SANITARY SEWER SERVICES STATE OF TEXAS )( COUNTY OF TARRANT )( THIS AGREEMENT is made and entered into by and between the City of Southlake, Texas, a home rule municipal corporation, located in Tarrant County, "Z•exas (hereinafter referred to as "Southlake"), the City of Keller, Texas, a home rule municipal corporation, located in Tarrant County, Texas (hereinafter referred to as "Keller"). WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Governments Code authorizes city governments under the State of Texas to contract with one another for the provision of various governmental functions and the delivery of various governmental services, including those in the area of public health, sanitation, utility services; and • WHEREAS, the City of Southlake does not currently have a sanitary sewer collector main located.within Southlake's S-1 Basin(See Attachment A). WHEREAS, Keller does not currently have a sanitary sewer collector main located within the S-2 (Southlake designation- see Attachment A); and WHEREAS, Keller has constructed a sanitary sewer to serve Florence Elementary School, Keller Independent School District, located in the S-1 basin; and WHEREAS, Southlake is in the process of building a sanitary sewer collector main(S- 2A)to serve the northwestern portion of the S-2 basin, including that portion of the City of Keller within the S-2 basin; and WHEREAS, Keller and Southlake recognize that the drainage basins designated S-1 and S ll-C3 S-2 have portions which layh in both jurisdictions; and WHEREAS, each city has approximately the same acreage in need of sewer service from the other city; and WHEREAS, Keller and Southlake have designed capacity in this respective system to provide sanitary sewer service for that portion of the other city lying in the drainage basin; and WHEREAS, Keller and Southlake desire to provide sanitary sewer service to the citizens of the respective cities by not duplicating services, and WHEREAS, Keller and Southlake mutually desire to be subject to the provisions of the Interlocal Cooperation Act and other applicable statutes ande contract pursuant thereto. NOW, THEREFORE, for the mutual consideration herein stated, Keller and Southlake agree as follows: O 1 Construction of Sanitary Sewers Southlake will build a sanitary sewer(S-2A)to serve the citizens in the north west portion of the S-2 basin; this area includes the portion of Keller in the S-2 basin. This sanitary sewer is programmed for construction starting abut January 1, 1996 with completion around June, 1996. Keller has already constructed a sanitary sewer capable of serving Southlake's northern portion of its S-1 basin. Upon written request by Southlake, Keller agrees to construct up to two sanitary collector sewers from Keller's trunkline to Southlake city limits to provide service to Southlake's southern portion of the S-1 basin(see attachment A). The two approximate locations are shown on attachment "A"and made a part of this document Southlake shall give Keller a minimum of one year to construct said collector sewer lines after • easements have been acquired, and the engineering design is completed . 2 lle 4111) Metering Keller ivill furnish and install all meters, recording equipment and appurtenances required for the proper operation of a meter, agreed to by both parties,for flows leaving Keller and entering Southlake. Southlake will furnish and install all meters, recording equipment and appurtenances required for the proper operation of a meter, agreed to by both parties,for flows leaving Southlake and entering Keller. The city receiving the wastewater will maintain and operate the meter after it is accepted by the receiving city. Either city shall have the right to test the meters and appurtenances at any time. No meter shall be adjusted, changed, or tested, in place or elsewhere, unless the city intending to make such adjustments, change, or test shall first give notice to the other city of this intention and therefore give reasonable opportunity to the other city to have representatives participate in such test, change, or adjustment. All meters will be properly sealed, and the seal will not be broken unless representatives of the parties have been notified and give a reasonable opportunity to be present. The location of each eter shall be mutually agreed upon by and between the cities and the meters shall not be moved or relocated except by mutual consent. 3 Wastewater •Each city agrees to receive and discharge normal domestic wastewater. For purposes of this agreement, "normal domestic wastewater shall mean wastewater excluding industrial wastewater or any commercial wastewater which would require pretreatment by Trinity River Authority(TRA) unless that waste is adequately pretreated to meet TRA's requirements. 3 �� c � Ul f-lt7-S 7 •-•• - _.. ._. ..-- • • 4 Dilater Reading anc1131lljng A. Each meter shall be read by the appropriate city from time to time, but not less than monthly intervals,and both cities shall have free access to read these respective meters daily. It shall be the duty of each city to give immediate notice to the other should any meter be fount not functioning,and upon such notit a repairs to such meters shall be made promptly. Whenever it is evident that a meter has not registered accurately for a period of time,the quantity used shall be estimated in accordance with the usage under simi nr condition fora equal period of time. B. The meter reading or rates of flow shall be added together when more than one meter for a.city is in service for wastewater, and the sum thereof shall be used for the purpose of • calculating the total wastewater flow. 5 Rates and Bls A. Since both cities transport wastewater to the IRA Big Bear Creek system for final treatment at TRA Central Plant,the treatment cost per 1,000 gallons is equal. Therefore, the meter reading will be shared with the other city monthly and the difference in the totals(the bill)paid at the appropriate rate to the other city at least every six months. The cities agree to pay the bill by the 20th day of the month immediately succeeding the month in which the bill is received. D. The rate charged shall be the rate TRA Central Wastewater Treatment Plain charges its member cities. 1111 4 //c-' , , . . , S 6 Other Fees . The cities shall collect and retain any fees placed upon their citizens. Specifically, any sewer impact fee or its equivalent shall be retained by the city collecting such fee. This agreement shall not require any new fees or sharing of fees between the cities. 7 Other Service Area, The cities agree that no additional service areas or individual sanitary sewer services shall be added to this agreement without the written consent of the City Council of the city impacted by the additional sewage flow through their sanitary sewer system. Therefore, Southlake cannot 110 add additional areas or customers outside of its designated S-1 basin as shown on attachment "A", and asrecorded Southlake's eco ded on Southlake s Sewer System Master Plan, and Keller cannot add areas or customers outside of the S-2 basin as shown on the attachment "A". 8 This Agreement and any of its terms and provisions, as well as the rights and duties of the parties hereto shall be governed by the laws of the State of Texas. In the event that any cause of action is filed by either party arising out of the terms of this Agreement, venue for said lawsuit shall be in Tarrant County, Texas. 9 In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and 0 effect to the extent possible. 5 // 6-7 O I The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto,and each party hereby certifies to the other that any necessary resolutions or orders extending said authority have been duty passed and are now in full force tsud effect EXECUTED in multiple originals this the day of , 1995. Gary Fickes, Mayor Subcribcd and sworn to before me on this day of 1995. Notary Public in and for the State of Texas My Commission Expires: Type or Print Notary's Name Approved as to form and Legality; Attorney for the City of Southiake CITY OF KELLER Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Keller City Attorney S ? a c - g - • ' a I. 7 . .ntr-:--'-(3.fE".ji'C,' ii [.. . , . , outoF : , - A4L,..L,,,_e.„,4—A , ) , . .y :-. . _______ I . ...... fi19 ...aiE�`�_•—r C. BA7iY ,• �I DR,P'�:. Y-1�d�ED1! IW J. WE NN / ... JI , E51ei,E5 ROU6EM°4 N' ""GQ/ D�1r i `�E N C• 'r iTi��rs,�i. ; 'E�.�.. ..... Y,Al";+-l r�i �14:--'1---' r M0AKE5{A1E : •4-E. Nil . c.oto4KE Q• CI •ui�i�I P d: P, MiMii___ RAC �.,...:. •rsn•a : : - r •- Aiu(^ arc LB/rt . I -- -y: . .Y�� 0 0 0 v� ;..N • ' v ii - .40wid CwIL.....S !II tOfr • .• •ram...5' — �NE�SEEK;--,oN.'..-i D. .gUR �J E R°5'-'.... GR Appff •. _ ., r.: . .1. it,,, . _ / ` Y, . .' :.✓^ ij.'ER' •. YF90','....-.(w�C-ARC • I • ail_. ' ., . �O J. 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ANNfLrrONS.SUBDIVISIONS �, %•• aaaraarroas.SUBDIVISIONS.0...0 NOISE[ONES y .•1 [/BB IMN[[AlIOMS.SUBDIVISIONS o••••`• `P� ] IMN[L rIONS.SUBDIVISIONS.ADO[D MOISC COMES . t BIN AMMELTIONS.SUBDIVISIONS [/OI SUBDIVISIONS O 1/76 ANN[[ATIONS.SUBDIVISIONS 5/14 LN.B.An NS I ' I ./73 R.O.I.Aa.r srana Ar Aa0[D RDAs _� 1 I I I /I ,n, ADO[a PNBS dD NLI IODRIOMS // 1!`' DESCRIPTION / o I , i