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1996-02-06 CC Packet City of Southlake,Texas MEMORANDUM ,• February 1, 1996 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Assistant to the City Manager SUBJECT: Interlocal Agreement for Joint Elections At its November 14, 1995 meeting, the Joint Utilization Committee discussed the possibility of a joint polling location for City and Carroll ISD early and regular voting. Sandy LeGrand, City Secretary, and Karen House, CISD Director of Financial Services, were present to answer the JUC's questions. Discussion focused on suitable locations, control of ballot boxes, and verification of registered voters. The JUC recommended staff develop an interlocal agreement and a detailed proposal to bring back to the JUC for consideration. The JUC approved the attached interlocal agreement at its December 12, 1995 meeting and recommended forwarding the agreement to the City Council and School Board of Trustees for consideration. The CISD School Board of Trustees approved the interlocal agreement, with some suggested by their attorney, at its January 22, 1996 meeting. The changes shown •modifications on the attached redline/strikeout copy are those changes to the agreement approved by the JUC. The clean copy reflects the agreement as approved by the CISD School.Board of Trustees. The agreement does not specify an exact location for election day polling, nor does it specify the exact hours/days of early voting, leaving these details to be specified in the election orders adopted by each entity. The agreement simply says that these details shall be coordinated. By . mutual decision of CISD and the City, early voting will be held in the City Secretary's office and. . election day polling will be held at Johnson Elementary, 1301 N. Carroll Avenue. Please plac' this interlocal agreement on the City Council agenda for their consideration. If you have any farther questions, I will be happy to discuss them with you. III KH • 5A-1 . . . 0 INTERLOCAL AGREEMENT FOR JOINT ELECTIONS STATE OF TEXAS § § COUNTY OF TARRANT § This Agreement is made by and between the City of Southlake, a home rule municipality, acting herein by and through its duly authorized Mayor, hereinafter referred to as the "City," and the Carroll Independent School District, an independent school district organized and acting under the laws of the State of Texas, acting herein by and through its duly authorized Board of Trustees, hereinafter referred to as the "District." . WITNESSETH: WHEREAS, the Texas Election Code, Chapter 271 authorizes two or more political subdivisions to enter into an agreement to hold their elections jointly in the election precincts that can be served by common polling places if the elections are to be held on the same day in all or part of the same territory; and, WHEREAS, the City and the District have scheduled elections for May 4, 1996; and, ® WHEREAS, the City and District find that this joint election agreement will conveniently serve the affected voters and will facilitate the orderly conduct of the election; NOW, THEREFORE, for and in consideration of the mutual premises herein contained, the mutual benefits flowing to both the City and the District and other good and valuable consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, the City and the District do hereby contract, covenant, warrant and agree as follows: • I. GENERAL (a) The City and District agree to hold their respective general elections for officers jointly on May 4, 1996. • (b) The City and District will hold run-off elections, if any, on June 1, 1996. The City or District, as the case may be, will conduct its respective run-off election if one is not required by the other party. (c) The City and District will provide separate ballots, poll lists, tally sheets and returns for their respective elections. . (d) Both City and District will separately post election orders and public election notices, which shall be coordinated as to hours and days of voting. Each party agrees to provide a copy of said orders and notices to the other party. I" 5A -2 • II. EARLY VOTING (a) The City agrees to provide space for early voting for City and District elections at at a place designated in the election orders. (b) Early voting by personal appearance will be conducted by the City Secretary, serving as the Early Voting Election Officer for both the City and District. • (c) The City and District agree to jointly employ up to two clerks for early voting if needed, the costs of which will be divided evenly between the City and District. III. ELECTION DAY (a) The City and District will each use separate ballot boxes and/or machines on election day. The City's.and District's election materials, unused supplies, and spoiled/mutilated ballots will be returned to each organization. Each party will secure their own ballots during the 60-day preservation period. (b) The City and District agree to eacji pay its own clerks to work on election day. (c). The City and District agree to designate the same polling place in the City for election day voting as described in a resolution to be approved by the City Council and District School . Board of Trustees. The City and District agree to each select its own Election Judge and • Alternate Judge(s). (d) All ballots for City and District elections shall be tabulated at the voting location by the respective Election Judge. Executed this day of , 1996 in Tarrant County, Texas. CITY OF SOUTH LAKE By: Mayor ATTEST: City Secretary CARROLL INDEPENDENT SCHOOL DISTRICT 'By: President, Board of Trustees ATTEST: Secretary, Board of Trustees • C:\WPFILES\JUC\VOTING.AGR SA-3 January is.1946 40 INTERLOCAL AGREEMENT FOR JOINT ELECTIONS STATE OF TEXAS § § COUNTY OF TARRANT § This/Agreement is made by and between the City of Southlake, a home rule municipality, acting herein by and through its duly authorized Mayor, hereinafter referred to as the "City," and the Carroll Independent School District,tt-speeial-purpese-tmit-ef-gevernmentEWWWW6,1rdigriel organized and acting under the laws of the State of Texas, acting herein by and through its duly authorized Board of Trustees, hereinafter referred to as the "District." WITNESSETH: WHEREAS, the Texas Election Code, Chapter 271 authorizes two or more political subdivisions to enter into an agreement to hold their elections jointly in the election precincts that can be served by common polling places if the elections are to be held on the same day in all or part of the same territory; and, WHEREAS, the City and the District have scheduled elections for May 4, 1996; and, WHEREAS, the City and District find that this joint election agreement will conveniently serve the affected voters and will facilitate the orderly conduct of the election; fp NOW, THEREFORE, for and in consideration of the mutual premises herein contained, the mutual benefits flowing to both the City and the District and other good and valuable consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, the City and the'District do hereby contract, covenant, warrant and agree as follows: I. GENERAL (a) The City and District agree to hold their respective general elections for officers jointly on May 4, 1996. (b) The City and District will hold run-off elections, if any, on June 1, 1996. The City or District, as the case may be, will conduct its respective run-off election if one is not required by the other party. (c) The City and District will provide separate ballots, poll lists, tally sheets and returns for their respective elections. (d) Both City and District will separately post election orders and public election notices, which shall be coordinated as to hours and days of voting. Each party agrees to provide a copy of said orders and notices to the other party. S 5A-4 H. EARLY VOTING (a) The City agrees to provide space for early voting for City and District elections at at a place designated in the election orders. (b) Early voting by personal appearance will be conducted by the City Secretary, serving as the Early Voting Election Officer fo both$t1 eat a§d'pisiriet. (c) The City and District agree to jointly employ up to two clerks for early voting if needed, the costs of which will be divided evenly between the City and District. M. ELECTION DAY (a) The City and District will each use separate ballot boxes and/or machines on election day. The City's and District's election materials, unused supplies, and spoiled/mutilated ballots will be returned to each organization. Each party will secure their own ballots during the 60-day preservation period. (b) The City and District agree to each pay its own clerks to work on election day. (c) The City and District agree to designate the same polling place in the City for election day voting as described in a resolution to be approved by the City Council and District School Board of Trustees. The City and District agree to each select its own Election Judge and • Alternate Judge(s). (d) All ballots for City and District elections shall be tabulated at the voting location by the respective Election Judge. Executed this day of , 1996 in Tarrant County, Texas. CITY OF SOUTHLAKE By: Mayor ATTEST: City Secretary CARROLL INDEPENDENT SCHOOL DISTRICT By: President, Board of Trustees ATTEST: Secretary, Board of Trustees • 5A-5 C:\WPFILFSUUC\VOTING.RDL January 15. 1996 • RESOLUTION NO. 96-02 A RESOLUTION OF THE CITY OF SOUTHLAKE,TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY.4, 1996; ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE JUDGE;AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE-CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR CONDUCT OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR RUNOFF ELECTION IF NECESSARY; AND PROVIDING AN EFI'ECITVE DATE WHEREAS,Section 41.001 of the Texas Election Code(the"Code")specifies that the first Saturday in May shall be a"Uniform Election Date"and that a general election of a city may be held on such day; and WHEREAS, state law and the charter of the City of Southlake require that a general election be held; and • WHEREAS, by this resolution, it is the intention of the city council to officially establish the election precincts within the city, to designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election; and WHEREAS, the changes from prior practices may require pre-clearance under the Federal Voting Rights Act. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAIE, TEXAS, THAT: Section 1. General Election Called. A general election shall be held in the City of Southlake, Texas, on Saturday, May 4, 1996, at which the following officers will be elected: COUNCILMEMBER PLACE 1 COUNCILMEMBER PLACE 6 Section 2. Term of Office. In accordance with the city charter;the candidate for each of the offices receiving the majority of votes for such office shall be elected to a three 410 E\files\slake\res\05-04-96.ete(01-31-96) (3) year term beginning May 4, 1996, and ending in May 1999, or until a successor is duly • elected and qualified. Section 3. Eligibility for Candidacy. In accordance with the city's Charter, no person shall be eligible for the office of mayor or councilmember unless he/she is a qualified elector of the city and has resided in the city for at least twelve (12) months preceding the election at which he/she is to be elected. Section 4. Application for a Place on the Ballot. In accordance with Section 143.002 of the Code, any eligible and qualified person shall have his name printed upon the official ballot as a candidate for the offices herein set forth by filing his sworn application with the city secretary not earlier than February 19, 1996, and not later than 5:00 p.m., March 20, 1996. Each such application shall be on a form prescribed by Section 141.031 of the Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing-by the city secretary as provided by Section 52.094 of the Code. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. Runoff Election. In accordance with the Code, in the event that no candidate received a majority of the votes for an office, there shall be a runoff election held on June 1, 1996. If a runoff election is necessary, it shall be ordered by the mayor not later than five (5) days after the canvassing of the returns of the general election. • Section 6. Election Precincts. In accordance with Section 42.061 of the Code, the city council of the city hereby establishes its election precincts for all municipal election from and after the effective date of this resolution, such precincts to be coterminous with the boundaries of the below listed election precincts established by the Denton County and Tarrant County Commissioner's Courts, to the extent such election precincts are within the corporate boundaries of the city: Denton County Election Precinct No. 318 Tarrant County Election Precinct No. 3470 Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct No. 3040 Tarrant County Election Precinct No. 3286 Tarrant County Election Precinct No. 3359 Section 7. Polling Places. The polling place for the general election for all precincts of the city shall be Johnson Elementary School, 1301 N.Carroll Avenue,Southlake, f:\files\slake\res\05-04-96.ele(01-31-96) 2 • 5 b- - . , ..._ • Texas 76092. The polls shall be open from 7:00 a.m. to 7:00 p.m. on election day, in accordance with and pursuant to the requirements of the Code. Section 8. Appointment of Election Judge and Alternate Election Judge. The following named individuals, residing at the respective addresses are hereby appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the election: Presiding Judge: Aloha Payne, 1213 Whispering Lane, Southlake, Texas Alternate Judge: Joan Dunbar, 1202 Oakwood Trail, Southlake, Texas The Election Judge and Alternate Judge shall be qualified voters of the city. The city secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judge and the Alternate Judge, notice of their appointments not later than twenty (20) days from the effective date of this resolution. SSection 9. Appointment of Clerks. The Presiding Judge for the polling place shallt Election Clerks 'and as many additional clerks as are necessary for the proper conduct of the election. Provided, however, six(6) clerks shall be the maximum number of clerks which may be appointed to serve at the polling place. All Election Clerks shall be qualified voters of the city. Section 10. Compensation of the Erection Judge and Election Clerks. The Presiding Election Judge, Alternate Presiding Judge and each Election Clerk shall be compensated at the rate of$6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judge shall also be paid the additional sum of$25.00 for delivering the returns of the election. • Section 11. Method of Voting. The city secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the general election, in accordance with this resolution. Voting at the election shall be by electronic voting machines and shall be conducted in accordance with the Code. Section 12. Governing Law and Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident • 0 f:\files\slake\res\05-04-96.e1e(01-31-96) 3 qualified voters of the city shall be eligible to vote at the election. • Section 13. Publication and Posting of Notice of Election. Notice of the election shall be published twice no earlier than April 4, 1996, and no later than April 24, 1996, in the newspaper in accordance with the provisions of the Code. Additionally, notice shall be posted no later than April 15, 1996, in the regular place for posting notice of meetings of the city council of the city, and shall remain posted continuously through election day, May 6, 1996. Section 14. Early Voting. Early-Voting by personal appearance shall be conducted between the hours of 8:00 a.m..and 5:00 p.m. on each day which is not a Saturday, Sunday, or an official State Holiday, beginning on April 15, 1996, and continuing through April 30, 1996. Additional voting hours shall include: Monday April 15, 1996 8:00 a.m. to 5:00 p.m. Tuesday April 16, 1996 8:00 a.m.to 5:00 p.m. . Wednesday April 17, 1996 • 8:00 a.m. to 5:00 p.m. Thursday April 18, 1996 8:00 a.m. to 5:00 p.m. Friday April 19, 1996 8:00 a.m. to 5:00 p.m. Saturday April 20, 1996 Closed Sunday April 21, 1996 Closed Monday April 22, 1996 . 8:00 a.m. to 7:00 p.m. • Tuesday April 23, 1996 8:00 a.m. to 7:00 p.m. Wednesday April 24, 1996 8:00 a.m. to 7:00 p.m. Thursday April 25, 1996 8:00 a.m. to 7:00 p.m. Friday April 26, 1996 8:00 a.m. to 7:00 p.m. Saturday " April 27, 1996 8:00 a.m. to 7:00 p.m. Sunday April 28, 1996 Closed Monday April 29, 1996 8:00 a.m. to 5:00 p.m. Tuesday . April 30, 1996 - 8:00 a.m. to 5:00 p.m. Early Voting by personal appearance shall be held at the office of the city secretary, 1725 E. Southlake Blvd., Southlake, Texas 76092. Applications for early voting by mail shall be delivered to the city secretary at the same address, not earlier than March 5, 1996, and not later than the close of business on April 26, 1996. Early Voting, both by personal appearance and by mail, shall be by paper ballots and shall be canvassed by the Early Voting.Ballot Board, which*is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed herein shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting f:\files\slake\res\05-04-96.ele(01-31-96) 4 • Ballot Board. The other election officers serving at the election shall serve as the other • members of the Early Voting Ballot Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board for the election. Section 15. Submission to the United States Justice Department: The city secretary of the City of Southlake is authorized to make such submissions as are-necessary to the United States Justice Department to seek pre-clearance approval for additional length of the absentee voting period. Section 16. Delivery of Returns. In accordance with the Code, immediately after the closing of.the polls on the day of the election, the election officers named in this resolution shall make and deliver the returns of the election in triplicate as follows: one copy shall be retained by the Presiding Judge; one copy shall be delivered to the mayor of the city; and one copy of the returns together with the ballot boxes and all election supplies shall be delivered to the city secretary. All election records and supplies shall be preserved by the city secretary in accordance with the Code. Section 17. Necessary Actions. The mayor and the city secretary of the City of Southlake, in consultation with the city attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the code in carrying out and conducting the election, whether or not expressly authorized herein. 111 Section 18. Effective Date. This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS DAY OF , 1996. CITY OF SOUTIMAFF,, TEXAS Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney f:\files\slake\res\05-04-96.ele(01-31-96) 5 O • RESOLUTION NO. 96-03 A RESOLUTION OF THE CITY OF SOUTHLAKE,TEXAS, CALLING FOR - A SPECIAL ELECTION TO BE HELD ON MAY 4,-. 1996 IN CONJUNCTION WITH THE GENERAL ELECTION TO BE HELD- ON THAT DATE; ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY; APPOINTING AN ELECTION:'JUDGE AND AN ALTERNATE JUDGE; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE-CLEARANCE APPROVAL;ESTABLISHING OTHER PROCEDURES FOR CONDUCT OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR RUNOFF ELECTION IF NECESSARY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, a vacancy has occurred on the city council and state law requires that a special election be held to fill that vacancy; and WHEREAS,Section 41.001 of the Texas Election Code(the"Code")specifies that the first Saturday in May shall be a"Uniform Election Date" and that a special election of a city may be held on such day; and 1111 WHEREAS, bythis resolution, it is the intention of the citycouncil to officially ' establish the election precincts within the city, to designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election; and WHEREAS, by Resolution 96-02 the city council has called a general election to be held on May 4, 1996; and WHEREAS, the changes from prior practices may require pre-clearance under the Federal Voting Rights Act. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. Special Election Called. A special election shall be held in the City of Southlake, Texas, on Saturday, May 4, 1996, at which the following officers will be elected: COUNCILMEMBER PLACE 5 • f:\files\slake\res\05-04-96.e12(01-31-96) . This election shall be held in conjunction with the general election called by Resolution 96- 02 to be held on that date. Section 2. Term of Office. In accordance with the city charter, the candidate for office receiving the majority of votes for such office shall serve the remaining two (2) years of a three (3) year term expiring in May 1998. Section 3. Eligibility for Candidacy. In accordance with the city's Charter, no person shall be eligible for the office of mayor or councilmember unless he/she is a qualified elector of the city and has resided in the city for at least twelve (12) months preceding the election at which he/she is to be elected. Section 4. Application for a Place on the Ballot. In accordance with Section 143.002 of the Code, any eligible and qualified person shall have his name printed upon the official ballot as a candidate for the offices herein set forth by filing his sworn application with the city secretary not earlier than February 19, 1996, and not later than 5:00 p.m., March 20, 1996. Each such application shall be on a form prescribed by Section 141.031 of the Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the city secretary as provided by Section 52.094 of the Code. Notice of the time and place for such drawing shall be given in accordance with the Code. IIISection 5. Runoff Election. In accordance with the Code, in the event that no candidate received a majority of the votes for an office, there shall be a runoff election held on June 1, 1996. If a runoff election is necessary, it shall be ordered by the mayor not later than five (5) days after the canvassing of the returns of the general election. Section 6. Election Procedures. The election precincts, polling places, election judges, clerks, and early voting dates and procedures for the special election shall be identical to those established in Resolution No. 96-02 for the general election to be held on the same date. Section 7. Method of Voting. The city secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the general election, in accordance with this resolution. Voting at the election shall be by electronic voting machines and shall be conducted in accordance with the Code. Section 8. Governing Law and Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident f:\files\slake\res\05-04-96.e12(01-31-96) 2 S . qualified voters of the city shall be eligible to vote at the election. Section 9. Submission to the United States Justice Department. The city secretary of the City of Southlake is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance approval for additional length of the_absentee voting period. — - • Section 10. Delivery of Returns. In accordance with the Code;immediately after the closing of the polls on the day of the election, the election officers named in this resolution shall make and deliver the returns of the election in triplicate as follows: one copy shall be retained by the Presiding Judge; one copy shall be delivered to the mayor of the city; and one copy of the returns together with the ballot boxes and all election supplies shall be delivered to the city secretary.. All election records and supplies shall be preserved by the city secretary in accordance with the Code. Section 11. Necessary Actions. The mayor and the city secretary of the City of Southlake,in consultation with the city attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the code in carrying out and conducting the election,.whether or not expressly authorized herein. Section 12. Effective Date. This resolution shall be effective upon its adoption. • PASSED AND APPROVED THIS DAY OF , 1996. CITY OF SOUTHLAKE, TEXAS • Mayor Gary Fickes AffEST: • Sandra L. LeGrand City Secretary • APPROVED AS TO FORM: City Attorney f:\files\slake\res\05-04-96.e12(01-31-96) 3 • 5 -3 City of Southlake,Texas MEMORANDUM January 30, 1996 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: SPIN Standing Committee Appointment Shelly Minton, representative for SPIN Neighborhood #5, will be moving from the area soon. • She has been working with her neighborhood to find a replacement, and Jan Francis, 1211 Ashmore Ct., has agreed to serve. Ms. Minton and SPIN Neighborhood #5 have recommended that Jan Francis be appointed by the Council to serve for the remainder of the term which expires in 1997. Please let me know if,you have any questions about this appointment. SKY I City of South lake,Texas RESOLUTION 96-09 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A NEIGHBORHOOD REPRESENTATIVE TO THE STANDING COMMITTEE FOR THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING FOR TERM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council is of the opinion that a citizen advisory committee would be of assistance to the City Council and City staff by providing a more available form of citizen participation in the affairs of the City and to create a forum for neighbor to neighbor communication; and, WHEREAS, the City Council has created such a committee by ordinance; and, WHEREAS, the City Council is to appoint one youth representative, as well as one representative for each of the designated neighborhoods from recommendations provided by the neighborhoods; and, WHEREAS, resignations occasionally occur requiring appointment of new representatives; now THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2. The following is hereby appointed as a neighborhood representative for the term specified: Neighborhood #5 Jan Francis 1997 Section 3. This resolution is hereby effective upon passage by the City Council. PASSED AND APPROVED THIS THE DAY OF , 1996. Mayor Gary Fickes ATTEST: Sandra L. LeGrand ioCity Secretary City of Southlake,Texas RESOLUTION NO. 96-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4If / - SOUTHLAKE,TEXAS APPOINTING AN ADDITIONAL MEMBER TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake has created an Economic Development Advisory Committee (EDAC) to work with City staff to promote, assist, and enhance economic development activities in the City of Southlake; and, WHEREAS, the City Council has determined that EDAC shall consist of three (3) members; and, WHEREAS, the members of the EDAC request additional members be added and have recommended the person named herein below be appointed; now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF . SOUTHLAKE, TEXAS, THAT: SECTION 1. All of the above premises are true and correct and are hereby incorporated into the body of this resolution as if copied in its entirety. SECTION 2. The City Council desires to appoint the following new member to serve on the Economic Development Advisory Committee: • 4. Rick Croteau SECTION 3. The Members of the EDAC are appointed for one-year terms, with the initial members appointed to serve until June 1996. This appointment shall serve until February 1997. SECTION 4. The EDAC shall meet with the City Manager and the City Manager's designees as needed, at a time and place to be determined by the Committee, to promote, assist, and enhance economic development activities. SECTION 5. This resolution shall become effective from and after the date of its passage. PASSED and APPROVED this the 6TH DAY of FEBRUARY 1996. CITY OF SOUTHLAKE ATTEST: Mayor Gary Fickes 110 Sandra LeGrand, City Secretary C:\ORD-RES.AGR196-I I.RES 5E-1 City of Southlake,Texas MEMORANDUM January 31, 1996 TO:_ Curtis E. Hawk, City Manager . FROM: Bob Whitehead, Director of Public Works SUBJECT: Renewal and Extension of Sanitary Sewer Services Between the City of Southlake and the City of Grapevine for Lots 1, 2, and 3 of Grapevine Plaza. The City of Southlake entered into an Interlocal Agreement for Sanitary Sewer Services with the City of Grapevine on June 11, 1990. The agreement is to provide sewer service to lots 1, 2, and 3 of the Grapevine Plaza located at the northwest corner of Park Ave. and Northwest Highway. On July 16, 1996, the City of Southlake entered into an agreement (Park Place Sanitary Sewer Agreement) with Park and 114 Joint Venture, to allow them to utilize the Grapevine system. Both agreements were for a five year term. Southlake public works staff has been working with Grapevine to secure an extension to the interlocal agreement since before June of 1995. Grapevine assured me that they would continue • to provide sanitary sewer service to the retail area. Behold, on January 16, 1996 Grapevine City Council approved a Renewal and Extension of Sanitary Sewer Services Agreement. The renewal and extension agreement is for a five year period starting June 11, 1995. As the City of Southlake does not have a sanitary sewer in the area to serve Park Place nor is a sewer imminent, Southlake City Council is requested to authorize the City Manager to enter into the Renewal and Extension of Sanitary Sewer Services Agreement with the City of Grapevine. A renewal and extension agreement between the City of Southlake and Park and 114 Joint Venture will be prepared to be presented at a future City Council meeting. Please place this item on the February 6, 1996 agenda for Council consideration. gh BW Attachment: Interlocal Agreement wp61 I wpdocs I wthead.mem I grpvnepl.sew • 5 -f. - t • STATE OF TEXAS § COUNTY OFTARRANT § RENEWAL AND EXTENSION OF SANITARY SEWER SERVICES AGREEMENT WHEREAS, City of Grapevine, Texas, a Home Rule City, (Grapevine) and the City of • Southlake, Texas, a Home Rule City, (Southlake) entered into a contract for the providing of sanitary sewer services, which contract was for a term of five (5) years commencing on June 11 , 1990; and WHEREAS, the two (2) cities desire to renew and extend said Agreement for another five (5) year period with no substantive changes. NOW THEREFORE, the parties, the City of Grapevine and the City of Southlake, do hereby contract, covenant and agree as follows: Section 1. That an Interlocal Agreement for Sanitary Sewer Services executed on June 11, 1990 for a five (5) year period, a copy of which is attached hereto labeled exhibit 'A' and incorporated herein for all purposes is hereby renewed and extended for an additional five (5) year period which five (5) year period begins on June 11, 1995. Executed this the day of , 199 ATTEST: CITY OF GRAPEVINE, TEXAS City Secretary Trent Petty Linda Huff City Manager APPROVED AS TO FORM: City Attorney John F. Boyle, Jr. ATTEST: CITY OF SOUTHLAKE, TEXAS City Secretary City Manager Sandy LeGrand Curtis Hawk APPROVED AS TO FORM: III City Attorney o:\cdbg211sewer_ag.new STATE OF TEXAS § § INTERLOCAL AGREEMENT FOR 4111 COUNTY OF TARRANT § SANITARY SEWER SERVICES This Interlocal Agreement for Sanitary Sewer Services (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 Southlake to provide sanitary sewer service to Lots 1, 2, and 3 of the Grapevine Plaza ( "Grapevine Plaza" ) located at the intersection of Park Boulevard and State Highway 114 and as shown on the final plat recorded September 16, 1985 in the Records of Tarrant County, Texas at Volume 388-191, Page 05, a copy of which is attached as Exhibit A; and WHEREAS, Article 4413(32c) , Vernon' s Texas Civil Statutes, 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 has sufficient capacity in its Streatment facility to accomodate Southlake' s request; and WHEREAS, both Grapevine and Southlake have current revenues available and allocated to cover their respective performance requirements under this Agreement; and WHEREAS, due to the unavailability of treatment facilities in Southlake when Grapevine Plaza was developed, a 10,000 gallon holding tank was installed to provide sewage collection; and WHEREAS, due to various problems with the 10,000 gallon holding tank, overflow sewage has on occasion drained into that portion of Park Boulevard located within the City of Grapevine; and _ WHEREAS, it would be to the benefit of both parties for Grapevine to provide sanitary sewer service to Grapevine Plaza under the terms of this Agreement; and WHEREAS, Southlake intends to have adequate treatment facilities constructed and operating to accomodate Grapevine Plaza in the future; and WHEREAS, it is mutually advantageous to both parties • to enter into this Agreement. 51F <3 W I T N E S S E T H: IIINOW, 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 to provide sanitary sewer service to • Grapevine Plaza only for existing facilities as shown on the • . site plan of Grapevine Plaza, a copy of which is attached as . Exhibit B. 2. Southlake agrees that no additional facilities shall be connected without the prior approval of the Grapevine City Council and a written amendment to this Agreement. • III. CHARGES FOR SANITARY SEWER SERVICE 1. Southlake shall be charged for the sanitary sewer service and shall pay to Grapevine all those charges applicable to customers within the Grapevine corporate limits at a rate of 125% times the rate charged to customers within the Grapevine corporate limits. The 125% rate shall apply to tap charges, pro rata charges (if any) , services charges, consumption charges, deposits and all other charges which Southlake is required to pay. 2 . All charges - shall be subject to the Grapevine City Council ' s right and authority to change and adjust the charges and Southlake shall pay 125% of the charge as changed or , adjusted by the Grapevine City Council. IV. METER READING 1. Southlake has previously installed and agrees to maintain one master meter to measure the amount of water used by _ each of the facilities in Grapevine Plaza as shown on Exhibit B. 4111 -2- 0411L 2 . Southlake shall read the master meter on the first working day of each month and shall deliver the reading to the • Grapevine Utility Billing technician by 5:00 p.m. on the fifth (5th) day of each month, or by 5:00 p.m. on the next working day if the fifth (5th) day is a holiday or weekend. Southlake shall be charged a fifty dollar ($50.00) late fee for each reading that is not timely received. 3 . Grapevine shall be entitled, upon prior written notice to Southlake, to read Southlake' s master meter at any time during normal business hours. A Southlake representative may accompany the Grapevine representative when the master meter is read. V. BILLING 1. Grapevine shall bill Southlake directly for the sanitary sewer service provided pursuant to this Agreement. 2. Southlake shall be responsible, at its own cost and expense, for billing individual users of Grapevine's sanitary sewer system. VI . COMPLIANCE WITH LOCAL AND FEDERAL LAWS S1. Southlake agrees to and shall comply with all applicable ordinances, resolutions; and other rules and regulations of Grapevine, except as specifically provided by this Agreement, and with all applicable state and federal laws. 2 . Specifically, Southlake shall comply with all provisions, terms and conditions of Article II, Division 1, Chapter 25 of the Grapevine Code of Ordinances, as now existing or as may hereafter be amended, relating to water and sewers generally, and Article II, Division 3, Chapter 25 of the Grapevine Code of Ordinances, as now existing ' or as may hereafter be amended, and all state and federal laws relating to industrial wastes . A copy of Article II, Divisions 1 and 3, Chapter 25 of the Grapevine Code of Ordinances, as now 'existing, is attached as Exhibit "C. " 3 . In addition to the charges set forth in Section III of this Agreement, Southlake shall pay all applicable fees and charges required by Article II, Division 3, Chapter 25 of the Grapevine Code of Ordinances. -3- 0411L . 11/1 -F.z5 _ , VII. III REMEDIES 1. Grapevine may discontinue the sanitary sewer service to Southlake for any violation or breach by Southlake of the terms of this Agreement until the violation or breach has been cured to the satisfaction of Grapevine. 2 . Grapevine may discontinue the sanitary sewer service to Southlake for any violation by Southlake of the provisions of Chapter 25 of the • Grapevine Code of Ordinances until the violation has been cured to the satisfaction of Grapevine. 3 . Except for the failure to pay charges when due and payable, and except for any violation by Southlake of any of • the provisions, terms or conditions of Article II, Division 3, Chapter 25 of the Grapevine Code of Ordinances or any state or federal law relating to industrial wastes, prior to discontinuing the sanitary sewer service, Grapevine agrees to provide Southlake an opportunity to remedy the violation to Grapevine' s satisfaction within thirty (30) days of the date written notice of the violation is mailed to Southlake. If the violation is the failure to pay charges when due and payable, Grapevine may discontinue sanitary sewer service immediately upon the occurrence of the violation until payment is made. If the violation is a violation of a provision, term or condition of Article II, Division 3, Chapter 25 of the Grapevine Code of S Ordinances or any state or federal law relating to industrial wastes, prior to discontinuing sanitary service, Grapevine agrees to provide Southlake an oppportunity, to remedy the violation to Grapevine's satisfaction : within such period of time as Grapevine determines is reasonable considering the nature and extent of the violation, which time period shall be spelled out in a written notice of the violation and which time period shall commence to run upon the mailing of the notice of violation to Southlake. 4. In addition to discontinuance of the sanitary sewer service, Grapevine may pursue all legal and equitable remedies, including but not limited to, injunctive relief and the recovery of damages and civil or criminal penalties. The right of Grapevine to pursue all legal and equitable remedies shall survive the termination of this Agreement. VIII. • TERM This Agreement shall be for . a term of five (5) years commencing on the 11 day of .Tune , 1990 . -4- 0411L S IX. 4111 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 413 Main Street Grapevine, Texas 76051 Attention: City Manager TO SOUTHLAKE: City of Southiake 667 N. Carroll Avenue Southiake, 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. X. • TERMINATION 1. Grapevine may terminate this Agreement prior to the end of the term upon either of the following conditions: a. Grapevine has discontinued sanitary sewer service to Southiake on two (2) or more occasions; or b. Southiake has violated any of the provisions, terms or conditions of Article II, Division 3, Chapter 25 of the Grapevine Code of Ordinances or any- state or federal law relating to industrial wastes which violation has not been- cured to the satisfaction of Grapevine within such period of time as Grapevine determines is reasonable considering the nature and extent of the violation, which time period shall be spelled out in a written notice of violation and which time period shall commence to run upon the mailing of the notice of violation to Southiake. 2. The parties may terminate this Agreement at any time by mutual written consent. -5- 0411L 1111 f-7 3 . Upon the termination of this Agreement, Grapevine shall have the absolute right to terminate and discontinue the 4111 sanitary sewer service to --Southlake and shall be entitled to take any and all action necessary to effectuate the termination and discontinuation of sanitary sewer service. XI. . 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. 1110 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 . -6- 0411L 7. Each party hereto warrants that it has received authority from its governing body to enter into this Agreement. 4110 EXECUTED this the 11th day of June , 1990. ATTEST: CITY OF GRAPEVINE, TEXAS IL6C-1Zii-7/ , Ci ta0 B1'. 7,-e--/ 5 y Secre City Manager _ Linda Huff - Mark S. Watson APPROVED BY COUNCIL 06/05/90 . [SEAL] AP ROV it ttorney ATTEST: CITY OF SOUTHLAKE, TEXAS • IS i ./ /.:4/ 2/iti-A) X 7,tetii / / By: . 3Z_....- 'City Secretary Mayor [SEAL] APPROVED AS TO FORM: P 6V, J 4 . . 4. _ City Attorney i 1 ` -7- 0411L 0 .• ..7 —••••••. . 7••••••••--.. .--mu.... .:....? .... ,$) 1 liki„,\ --,: I I,vi.)--D , 4 ..,, . 'r • " .• . ' 'I( )0 1/ ), flei, / (i .ii , ) .. \ t , .,,.) ...- / x r • - . , . ., . 1 , ,_ 0 i ri" ' I'rV,J •• ___ ... —•.— ..., s. — .__ __... . . ...._ _ .. - Pai _____ ) ( . , ..,,,.......------ .** rtt_ ..t_mc-1.-..ec- ,--— ...—..----- ---- ---,. ...........1 1 1...•( PROJECT DATA I --_ ) L jn .I 1 -t ,,-. _ I land At.. 145149 icial (11. I) \ \ A vlicliOq Af.g. lii . ICI i— • \) --I --.------ SI aoct Alpha Bata 64.961 t I i.f.41.1 Space 33:1.67_1.1„ le -- -....-.11: ] Intel 98.420.1. /4\ n c"‘ 111111110110 .C..1.4‘,N ralling She,..n• 043 . 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S 0 U TH L.A.X.E.TE.XA.S• ..,-5. A 1 F ./..___,. . __........ ___Lq_ r ______._._._. ____.. • _..._.__.__________.. __ . ._____ _ r / 1 Q.1„. • (LtV SrTE PLAN k. .. _ •61 I.••. •-...,71: ...... .1 I "...) \177 F1-.Z-7 4 i • ... ....2.2_," • ,-;.,... 11,11.71/,•I IA 1 Isz_ft ill]V ia- ,... ._ I I. -IT T Th .. . .....r7/4..tiT.O.A.L. ir.ra.. .. rP .. . ., . 1'.• .....4.14!r• f.!!!' . '. • 14.1!. 1 • •-,tex v.:.' • • r ': ;: 1.ii.:;'`...;‘•!e7::;: •••• f‘,•.;1•'. • >. ??..1.) V () t' '• • .. • al:.•7:.:4,;-,•.•. . .. .... . •.1 , • • • •r...• �..• ...-x.. me ... _ - - _. - "'_ _ •wolf.•.(/.••.•a.o.Cron LN•,•! •�� , -\\T�_ ( ] = _- 14 a - t . • Jg E. `. ` ' tis . .I - z - � I.-.I^, _... _ •..• v.. C.0111 LE. II . .I)I.ISR .c j JPr,Jc JJO•J r %I Y M ;' .. I • ••-,..- rI it —, —............ -.� =fir • ,IJ ` —M- �. .. =-. _-. r•' r •,. r i .... I v'�.� ....-.�... .....�. -...._- I! Cif,0".•..L,.i 1 • ——•---• •_ -- .. ' .w• _� .... , 1 ` J oral 10.1 00•1• .• r ...-_/ r— •l (III IW:r.' r....-• .rrrl Y'r•RJx i, ••_ rrrN lJ'e•let) "•.J ( +!OIb... •' !r,......•. -.J'----' �_�—1..I,JO'r'' ICC W'av,a.✓I .w.•.. •• I• r.J.JJ. ...roof-AmJrwf1...Crlr(J,aC I +••.•o lr.o•I Nnslf • r a r • JdT ,.•+JO.MI Aral rrnu•C I J//�'�'�`'_ GRd°�/4 I f.4 IL ST.4 re .._. _" . 's.r.c.r m�.m....•o-r•Irr r�....�--.rW N.`I r..-v.. •I.Is, . yW o /C4 Jr,.w�....� ..._ - - l 'C.. ,.�. T.r•i•.tar ...AI . • ,.o, 1•WY.-I+I'-- w�-r•!�avr L4 l..d via.NY' Ar-, rt•a‘• ,f A• Mra I!'Ill., •,.. J.L..r J:rt..:ran. ., • • • • i City of Southlake,Texas MEMORANDUM . • January 30, 1996 TO Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Resolution 96-12 Authorizing the Execution and Delivery of a Continuing Disclosure Agreement With Trinity River Authority At the Denton Creek Regional Wastewater System Advisory Committee meeting held on January 18, 1996, the members were informed that the November 10, 1994, Federal Securities Exchange Commission (SEC) approved a rule which now requires financial information from each participating entity with Trinity River Authority (TRA) be filed. Southlake is required to comply with this new rule anyway since we will issue debt in our own name. TRA is proceeding to issue bonds for upgrading the capacity of the Denton Creek Wastewater Plant and refinancing the bonds for the Big Bear Creek Interceptor Sanitary Sewer. Therefore, TRA is asking each entity to approve the attached Resolution Authorizing the Execution and Delivery of a Continuing • Disclosure Agreement. The Disclosure Agreement is also attached. Please place this Resolution on the February 6, 1996 Council agenda. TRA needs the Resolution and signed agreement by their February 28, 1996 board meeting to enable them to issue bonds for the previous named projects. i BW/sm Attachments: Resolution 96-12 Continuing Disclosure Agreement wp61 I wthead.mem l agenda I traresol.wpd • 96-12 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A • CONTINUING DISCLOSURE AGREEMENT THE STATE OF TEXAS CITY OF SOUTHLAKE . WHEREAS, the City of Southlake(the "Disclosure Party") and the Trinity River Authority of Texas (the "Issuer") have heretofore entered into, and may in the future enter into, contracts relating to the provision of facilities and/or services by the Issuer for the benefit of the Disclosure Party; and WHEREAS, in connection with the financing of the facilities and/or services provided by the Issuer for the benefit of the Disclosure Party,the Issuer has, and/or will, from time to time authorize, • issue and deliver bonds (the "Bonds") of the Issuer supported by payments to be made by the Disclosure Party pursuant to such contracts; and • WHEREAS,the United States Securities and Exchange Commission has adopted Rule 15c2- 12, as amended from time to time(the "Rule"); and WHEREAS, the Rule provides that a broker, dealer or municipal securities dealer of Bonds issued after the effective dates set forth in the Rule, may not purchase or sell Bonds in connection with an offering thereof unless, prior to the purchase or sale thereof, "obligated persons", or entities • acting on behalf of "obligated persons", have undertaken to provide certain updated financial information and operating data annually, and timely notice of specified material events, to certain information vendors; and WHEREAS, in order to comply with the Rule and facilitate the future issuance of Bonds, the Disclosure Party and the Issuer have agreed that it is deemed appropriate and necessary to enter into the Continuing Disclosure Agreement (the "Agreement") hereinafter authorized to be executed and delivered. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: Section 1. That the recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. Section 2. That the Mayor, the Mayor Pro Tern or the City Manager of the Disclosure Party are hereby authorized and directed to execute and deliver, and the City Secretary is authorized and - directed to attest, the Agreement substantially in the form and substance attached hereto. Section 3. That the Agreement shall become effective and enforceable in accordance with its terms immediately upon execution and delivery thereof for all intents and purposes. • 5- :2i-el Section 4. That each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the meeting • at which this Resolution was introduced, and that said Resolution would be introduced and •considered for passage at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose, and that said meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by the Texas Government Code, Chapter 551. PASSED THIS DAY OF ,1996. CITY SECRETARY MAYOR (SEAL) • + ® CONTINUING DISCLOSURE AGREEMENT This Continuing Disclosure Agreement(the "Agreement"), dated as of , 19_ is executed and delivered by the Trinity River Authority of Texas (the "Issuer") and (the "Disclosure Party") in connection with the issuance, from time to time, of the Issuer's "municipal securities," with respect to which the Disclosure Party is an "obligated person," as such terms are applied within the meaning of the Rule (the "Bonds"). For good and valuable consideration, the Issuer and the Disclosure Party covenant and agree as follows: SECTION 1. Definitions. As used in this Agreement, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board and any successor to its duties. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. • "SEC" means the United States Securities and Exchange Commission and any successor to its duties. "SID" means any entity designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. SECTION 2. Annual Reports; Obligations of Disclosure Party. The Disclosure Party undertakes to and shall provide annually to each NRMSIR and any SID, within six months after the end of each of its fiscal year ending on or after January 1, 1996, financial information and operating data with respect to the Disclosure Party as specified and included in Appendix B of any final official statement relating to Bonds. Any financial statements so to be provided shall be(1)prepared in accordance with the accounting principles described in the notes to the financial statements as specified and included in Appendix B of any final official statement relating to Bonds, or such other accounting principles as the Disclosure Party may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Disclosure Party commissions an audit of such statements and the audit is completed within the period during which it must be provided. If the audit of such financial statements is not complete within such period, then the Disclosure Party shall provide unaudited financial statements for the applicable fiscal year to each r NRMSIR and any SID within the period during which it must be provided and the audited financial 411 statements, when and if the audit report on such statements become available. If the Disclosure Party changes its fiscal year, it will notify the Issuer, each NRMSIR and any SID in writing of the change (and of the date of the new fiscal year end) prior to the next date by • which the Disclosure Party otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be incorporated by specific reference to any document or specific part thereby (including an official statement or other offering document, if it is available from the MSRB)that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. The Disclosure Party shall, within ten (10)business days of the filings of the annual reports, notify the Issuer in writing that the filings have been made. Further,the Disclosure Party shall provide(1), in a timely manner, notice of any failure by the Disclosure Party to provide annual financial statements and operating data in accordance with Section 2 hereof to each NRMSIR and each SID and (2) within ten (10) business days of the Disclosure Party's obtaining actual knowledge of the occurrence of any of the events enumerated in 3(a)below, notice to the Issuer of such event. SECTION 3. Material Event Notices. • (a) The following are the events with respect to Bonds that the Issuer agrees to disclose in a timely manner pursuant to the terms hereof, if the Issuer determines, pursuant to subsection(b) • below, that such events are "material" under applicable federal securities laws and regulations promulgated thereunder. (1) Principal and interest payment delinquencies; (2) Non-payment related defaults; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions or events affecting the tax-exempt status of the security; (7) Modifications to rights of securities holders; (8) Bond calls; (9) Defeasances; S 2 •• and (10) Release, substitution, or sale of property securing repayment of the securities; (11) Rating changes. A (b) Whenever the Issuer obtains knowledge of the occurrence of one of the above events, whether because of a notice from the Disclosure Party pursuant to subsection(d) or otherwise, the Issuer shall, in a timely manner, determine if such event would constitute material information for bondholders and beneficial owners of Bonds. (c) If the Issuer determines that the occurrence of one of the above events is material within the meaning of applicable federal securities laws and regulations promulgated thereunder, the Issuer shall promptly file a notice of such occurrence with each NRMSIR or the MSRB and each STD. SECTION 4. Limitations, Disclaimers, and Amendments. The Issuer and the Disclosure Party shall be obligated to observe and perform the covenants specified in this Agreement for so long as, but only for so long as, the Disclosure Party remains an "obligated person"with respect to Bonds within the meaning of the Rule, except that the Disclosure Party in any event will give notice of any deposit made that causes Bonds no longer to be outstanding. • • The provisions of this Agreement are for the sole benefit of(and may be enforced by) the g bondholders and beneficial owners of Bonds and the parties to this Agreement, and nothing in this Agreement, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer and the Disclosure Party undertake to provide only the financial information, operating data, financial statements, and notices which each has expressly agreed to provide pursuant to this Agreement and do not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's or the Disclosure Party's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Agreement or otherwise, except as expressly provided herein. Neither the Issuer nor the Disclosure Party make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE ISSUER OR THE DISCLOSURE PARTY, BE LIABLE TO THE BONDHOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER OR THE DISCLOSURE PARTY, RESPECTIVELY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS AGREEMENT, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. 3 5 -4 ® No default by the Issuer or the Disclosure Party in observing or performing their respective obligations under this Agreement shall comprise a breach of or default under any resolution of the Issuer authorizing the issuance of Bonds, or any contract relating thereto, for purposes of any other provision of this Agreement. Nothing in this Agreement is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer or the Disclosure Party under federal and state securities laws. The provisions of this Agreement may be amended by the Issuer or the Disclosure Party from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer or the Disclosure Party, but only if(1) the provisions of this Agreement, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the bondholders or beneficial owners of a majority in aggregate principal amount(or any greater amount required by any other provision of this Agreement that authorizes such an amendment) of outstanding Bonds consent to such amendment or (b) an entity that is unaffiliated with the Issuer or the Disclosure Party (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interest of the bondholders and beneficial owners of Bonds and is permitted by the terms of the Agreement. If the Issuer or the Disclosure Party so amend the provisions of this Agreement in connection with the financial or operating data which it is required to disclose under Section 2 hereof, the Disclosure S Party shall provide a notice of such amendment to be filed in accordance with Section 3(b) hereof; together with an explanation, in narrative form, of the reason for the amendment and the impact of any change in the type of financial information or operating data to be so provided. The Issuer or the Disclosure Party may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of Bonds. SECTION 5. Miscellaneous. A. Representations. Each of the parties hereto represents and warrants to each other party that it has (i) duly authorized the execution and delivery of this Agreement by the officers of such party whose signatures appear on the execution pages hereto, (ii) that it has all requisite power and authority to execute, deliver and perform this Agreement under applicable law and any resolutions or other actions of such party now in effect, (iii) that the execution and delivery of this Agreement, and performance of the terms hereof, does not and will not violate any law, regulation, ruling, decision, order, indenture, decree, agreement or instrument by which such party is bound, and (iv) such party is not aware of any litigation or proceeding pending, or, to the best of such party's knowledge, threatened, • • • contesting or questioning its existence, or its power and authority to enter into this Agreement, or its due authorization, execution and delivery of this Agreement, or otherwise contesting or questioning the issuance of Bonds. B. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas and applicable federal law. C. Severability. If any provision hereof shall be held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions hereof shall survive and continue in full force and effect. D. Counterparts. This Agreement may be executed in one or more counterparts, each and all of which shall • constitute one and the same instrument. _ S IN WITNESS WHEREOF, the Issuer and the Disclosure Party have each caused their duly • authorized officers to execute this Agreement as of the day and year first above written. TRINITY RIVER AUTHORITY OF TEXAS President, Board of Directors ATTEST: Secretary, Board of Directors • By: • Title: ATTEST: Title: 41) 6 52) -9 - City of Southlake,Texas MEMORANDUM January 30, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorizing the Mayor to Enter Into a Contract With Cheatham and Associates, for Engineering Service for Design of Water Mains Along North Kimball Avenue and South White Chapel Blvd. The City of Southlake budget for fiscal year 1995-1996 included in the Capital Projects two projects in the Water Impact Fees (fund 751). These projects are: • • Twelve-inch water main on North Kimball Avenue from Highland Street south to the existing 12-inch water main. • Twelve-inch water main on South White Chapel Blvd. from Southlake Blvd. (F.M. 1709) south to the existing 12-inch water main at Princeton Park Addition. 0 The total budgeted for these projects is $274,800. • Cheatham and Associates' fee will be 8.75% of the actual construction costs plus $7,500 for surveying and construction staking. The estimated total professional fee is $29,000. Cheatham and Associates have provided engineering design services for Southlake on all of our water mains. Because of their knowledge, background, and expertise, staff recommends that the City Council authorize the Mayor to enter into the attached Contract for Engineering Services. G)---/ . — 1__2 BW/sm Attachment: Contract Map wp611 wpdocs I wthead.mem l agenda l kimwatln.wpd 5"!'-/ • CHEATHAM AND 0 ASSOCIATES January 30, 1996 • Mr. Bob Whitehead . Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 . Re: Proposal for Providing Professional Services in Connection with the Design of Water System Improvements on N. Kimball & S. White Chapel CONSULTANT'S UNDERSTANDING There are areas within the City of Southlake which are in need of larger water lines to provide adequate water pressure and fire protection. The City has upgraded the water system in phases, and therefore kept the cost down for any one particular project. There are several sections of the water system which still have 4" or smaller water lines. 0 The scope of this project is to prepare construction plans and specifications for the installation of a 12" water line in North Kimball for approximately 3,000' south of Highland Ave., and South White Chapel for approximately 4,000' south of F.M. 1709. The project will include the surveying, design, bidding and contract administration of the proposed construction. SCOPE OF SERVICES 1.0 Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to • perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. 1.3 Surveying for easement preparation, if required, will also be furnished. (See Item 3.2) 2.0 Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the water lines. The design will be in accordance with applicable state and local regulations. • ENGINEERS • L P ANNERS • 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 • Mr. Bob Whitehead January 30, 1996 City of Southlake Page 2 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice-to-proceed. 2.4 Periodic on-site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting the final inspection and issuance of certificate of completion. , 3.0 Easements (if required) 3.1 Our firm will conduct the search for deeds and conduct other research at the Tarrant County Courthouse necessary for the preparation of the required easements. 3.2 We will then prepare the legal (metes & bounds) descriptions of the easements with computer plotting. This work element also includes the surveying work necessary to prepare easements and to tie easements to the base line(s). • ® 3.3 This element includes preparation of the final written easement document and of the accompanying drawing. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, nor participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish full-time on-site construction inspection, but will make periodic visits to the site, and will be available for plan interpretations. FEES We will provide all the services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as-built plans. . [See Excerpts from the TSPE General Engineering Services Manual on the last two pages.] The attached Curve A from the TSPE Manual indicates a percentage of 9.75% for a $245,000 project. However, since our firm is familiar with the City and will not have to obtain a lot of background information prior to design, we can perform the services for a reduced percentage. 410 Therefore, this fee shall be based upon a percentage of 8.75% of the construction cost. • • Mr. Bob Whitehead January 30, 1996 City of Southlake Page 3 Therefore the proposed fees are as follows: *Engineering Fee (Total Estimated Construction Cost of$ 245,000.00) [Based on TSPE Curve A, 9.75% of Engineer's Estimate of Construction Cost, use 8.75%] $ 21,500.00 Surveying Fees [Flat fees based on estimate of time required times hourly rate for field party] Design Survey $ 5,000.00 Construction Staking 2,500.00 Easement Preparation (if required) [Flat Fees based on estimate of time required times hourly rates for technicians] Research • N/A Documents/drawings/field work N/A Total Professional Fees $ 29,000.00 • Please note that all direct expenses, such as travel and printing, are included in the above fees.. The fees cover only that work specified in the proposal. It does not include; - Soils testing - Other testing involving outside laboratory services - Revisions to material prepared beyond that specified in proposal The above listing of services or others not included in the basic fees may be added to our agreement at your request and approval of estimated costs or rates. If any easements are required, we will provide these services for an additional fee which is agreed to by both parties prior to commencement of work. TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. S SW-� • Curve A is intended to apply to assignments of which the following are typical examples: • Water, wastewater and industrial waste treatment plants Low cost, or complicated, waterfront and marine terminal facilities Complicated dams and hydro-power installations Small bridges and bridges which are complicated by involved geo- metrics and unsymmetrical features, or which require location and/or alternate design studies Grade crossing eliminations Urban streets and freeways, including related drainage facilities Water distribution lines under 16-inch diameter •+.r Sanitary sewage collection lines under 24-inch diameter Pumping stations Air pressure tunnels Swimming pools Foundations Curve B is intended to apply to less complicated assignments of which the following are examples: Large intercepting and relief sewers Storm sewers and drains Sanitary sewage collection lines 24-inch diameter and over Water distribution lines 16-inch diameter and over Simple bridges and other structures of straightforward or conven- tional design • l� Dams of average complexity Airport paving and grading • Irrigation works,except pumping plants III Railways - Levees and flood walls, conventional Sewer and water tunnels(free air) Earthwork and dredging Highways and rural roads, except low-cost rural roads High-cost wharf facilities of conventional design Retaining walls and bulkheads, conventional Roads and streets • 16 NOTES: When Construction Cost is under $100,000, use reim-®ment may vary above or below the curve, depending upon c bursable basis of compensation. plexity. (2) Construction cost below is the work authorized at one time. (4) Compensation for alteration work should be increased by at However, where the work is to be accomplished in a number of least one-third above the median compensation illustrated. separate construction contracts, then each such project element (5) Curve A and Curve B are consistent with Curve A and Curve B should be evaluated on an individual basis, with additional in Manual 45, published by the American Society of Civil Engi- compensation to the Engineer. neers. New curves will be issued as subsequent revisions are (3) The Basic Charge presented below represents median corn- published by ASCE. pensation. The appropriate compensation for any given assign- 14 0 13 C CO CD 12 0 I- 0.1 Z 11 7 See USE OF CURVES; page 14 0 4 ,- w And TYPICAL EXAMPLES; page 16 a CD to < �+ O p cz v<G� a 9 N.,,,....,,,,1?' D2C.) Q0 (U 8 cGR`F -.4Q e !-) cri 6 r` 4 0.01 0.05 0.1 0.5 1 5 10 50 100 CONSTRUCTION COST S;;; ',,, MILLIONS OF DOLLARS • • • Mr. Bob Whitehead January 30, 1996 City of Southlake Page 4 If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, tus:„. Eddie Cheatham, P.E. f:\word\proposal\southlak\kimball.wsi S AUTHORIZATION TO PROCEED: Accepted this day of. , 1996 By: Title: • ,cj-71` n {Cj K.®3- ' 6 E PP3'�= YI{ S4 YK —•-- .'�S•T 3 4'S{4 {..1 4 •4 y•'• p ' �7 T. C� M r ORES L I BIL1 I �H� ❑ TES. x:, iln' xlaa�A.aOP. �!Q i ai l� r \ [PE A �' o mri spa BRIGHT Rj01 R .-� _ mr au4 r �� ©it,r•,� 41• 1Q�—aa. 4 O D Rt I ?I ADD I -. •�. 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J .17";�T = , .004 _ _ HER lipffl 142. - rI \IN 1• /' ' -i- -.f_-1•: I '. i'• ',.' 15111116 1 A -�^......... :,, flt4Af ION ,` �` +..i43 Y/`2-` _ - {_ -r 3314 ILO is - ) . : -9f!►,, •ON NH At 1 .. ADDI{ II �• µ'L'��r"_ _:. .... I 4I l Z{ ail 11VL . .ter-1 I•" " I.. City of Southlake,Texas • MEMORANDUM January 31, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorizing the Mayor to Enter Into a Contract With Cheatham and Associates for Engineering Services for : 6-Inch Water Mains and Street Reconstruction in Hilltop, and Kidwell Additions; 8-Inch Water Main in Lonesome Dove Avenue From East Dove Street to Emerald Circle; and Lift Station and Force Main for Dove Estates. The City of Southlake budget for fiscal year 1995-1996 included in the Capital Projects the following projects in the Waterworks Improvement Fund (fund 750): • Six-inch water mains in the Hilltop, and Kidwell Additions are needed because these additions are currently served with 2 or 4-inch water mains. • Eight-inch water main in Lonesome Dove Ave. from Dove St. to Emerald Circle would provide a vital link in providing a second water supply to all of the subdivisions north of Dove St. in the North Carroll, Burney Lane vicinity. • . Providing a lift station and force main to eliminate the Dove Estates wastewater treatment plant because the treatment plant is in need of repairs. By changing to a lift station the lot where the plant is located may become excess property and be sold. Also budgeted in the Capital Projects, Infrastructure Reserve Fund (fund 501) was: • Street improvements to Hilltop Drive, Briar Lane, Hillside Drive, Crescent Drive and Woodland Drive would be reconstructed in conjunction with the installation of the new water mains. The total budgeted for these projects is: fund 750 (waterworks) $ 295,200 fund 501 (streets) 250,000 Total ' $ 545,200 (a Curtis E. Hawk, City Manger Contract With Cheatham and Associates January 31, 1996 Page 2. Cheatham and Associates propose to provide the engineering services for 7.75% of total construction costs plus survey'and staking. Their estimated total is $49,750.00 for engineering. Cheatham and Associates have provided engineering design services for Southlake on all of our water projects. Because of their knowledge, background, and expertise, staff recommends that the City Council authorize the Mayor to enter into the attached Contract for Engineering Services. 6347 BW Attachments: Contract Map wp61 I wpdoc I wthead.mem l agenda I watermn.wpd CHEATHAM III AND ASSOCIATES January 30, 1996 Mr. Bob Whitehead Director of Public Works / City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Proposal for Providing Professional Services in Connection with the Design of Water System Improvements on Lonesome Dove & N. Ridgecrest Vicinity and Sanitary Sewer Improvements at Dove Estates - CONSULTANT'S UNDERSTANDING • There are areas within the City of Southlake which are in need of larger water lines to provide adequate water pressure and fire protection. The City has upgraded the water system in . elphases, and therefore kept the cost down for any one particular project. There are several . sections of the water system which still have 4" or smaller water lines. The scope of this project is to prepare construction plans,and specifications for the installation of a 8" water line in North,Lonesome Dove for approximately 1,000' north of Dove Road. In addition, approximately 4,600' of 6" water line is needed in the Hilltop and Grace Estates Subdivisions, to provide adequate pressure and fire protection. The project will also include the repaving of the streets in this area, once the water lines have been installed. In addition to the proposed water system improvements, it is.proposed to replace the Dove Estates sewer plant with a lift station. 'A force main will also be required, to facilitate the pumping of the sewer from the site of the Dove Estates plant, over to the Lonesome Dove Estates sewer system. The project will include the surveying, design, bidding and contract administration of the proposed construction. SCOPE OF SERVICES - 1.0 Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. III1.2 We will also furnish all construction staking. 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 '7E 3 • Mr. Bob Whitehead January 30, 1996 City of Southlake Page 2 1.3 Surveying for easement preparation, if required, will also be furnished. (See Item 3.2) 2.0' Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the water and sewer lines. The design will be in accordance with applicable state and local regulations. 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice-to-proceed. 2.4 Periodic on-site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting the final inspection and issuance of • certificate of completion. 3.0 Easements (if required) 3.1 Our firm will conduct the search for deeds and conduct other research at the • Tarrant County Courthouse necessary for the preparation of the required easements. 3.2 We will then prepare the legal (metes & bounds) descriptions of the easements with computer plotting. This work element also includes the surveying work necessary to prepare easements and to tie easements to the base.line(s). 3.3 This element includes preparation of the final written easement document and of the accompanying drawing. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, nor participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish full-time on-site construction inspection, but will make periodic visits to the site, and will be available for plan interpretations. • • Mr. Bob Whitehead January 30, 1996 City of Southlake Page 3 FEES We will provide all the services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, . construction staking and periodic visits during construction, and as-built plans. [See Excerpts from the TSPE General Engineering Services Manual on the last two pages.] The attached Curve A from the TSPE Manual indicates a percentage of 8.75% for a $ 465,000 project. However, since our firm is familiar with the City and will not have to obtain a lot of background information prior to design, we can perform the services for a reduced percentage. Therefore, this fee shall be based upon a percentage of 7.75% of the construction cost. Therefore the proposed fees are as follows: *Engineering Fee (Total Estimated Construction Cost of$ 465,000.00) [Based on TSPE Curve A, 8.75% of Engineer's Estimate of Construction Cost, use 7.75%] $ 36,000.00 Surveying Fees III [Flat fees based on estimate of time required times hourly rate for field party] Design Survey $ 9,500.00 Construction Staking 4,250.00 Easement Preparation (if required) [Flat Fees based on estimate of time required times hourly rates for technicians] Research N/A Documents/drawings/field work N/A Total Professional Fees $ 49,750.00 Please note that all direct expenses, such as travel and printing, are included in the above fees. The fees cover only that work specified in the proposal. It does not include; - Soils testing - Other testing involving outside laboratory services - Revisions to material prepared beyond that specified in proposal The above listing of services or others not included in the basic fees may be added to our agreement at your request and approval of estimated costs or rates. If any easements are required, we will provide these services for an additional fee which is 0 agreed to by both parties prior to commencement of work. • Curve A is intended to apply to assignments of which the following are typical examples: • Water, wastewater and industrial waste treatment plants Low cost,.or complicated, waterfront and marine terminal facilities Complicated dams and hydro-power installations Small bridges and bridges which are complicated by involved geo-. • metrics and unsymmetrical features, or which require location and/or alternate design studies Grade crossing eliminations Urban streets and freeways, including related drainage facilities Water distribution lines under 16-inch diameter Sanitary sewage collection lines under 24-inch diameter*ow Pumping stations Air pressure tunnels Swimming pools Foundations Curve B is intended to apply to less complicated assignments of which the following are examples: Large intercepting and relief sewers Storm sewers and drains Sanitary sewage collection lines 24-inch diameter and over Water distribution lines 16-inch diameter and over Simple bridges and other structures of straightforward or conven- tional design Dams of average complexity • Airport paving and grading 11; Irrigation works, except pumping plants Railways Levees and flood walls, conventional Sewer and water tunnels(free air) Earthwork and dredging Highways and rural roads, except low-cost rural roads 0 0 - ---_-High-cost wharf-facilities of-conventional design Retaining walls and bulkheads, conventional Roads and streets • 57- lb NOTES: When Construction Cost is under '$100,000, use reim- ment mayvaryabove or below the curve, depending upon co P g P bursable basis of compensation. plexity. (2) Construction cost below is the work authorized at one time. (4) Compensation for alteration work should be increased by at However, where the work is to be accomplished in a number of least one-third above the median compensation illustrated. separate construction contracts, then each such project element (5) Curve A and Curve B are consistent with Curve A and Curve B should be evaluated on an individual basis, with additional in Manual 45, published by the American Society of Civil Engi- compensation to the Engineer. ineers. New curves will be issued as subsequent revisions are (3) The Basic Charge presented below rdpresents median corn- published by ASCE. pensation. The appropriate compensation for any given assign- • 14 - - 0 N 13 C CD U 12 - v I z)- 0 11 \ See USE OF CURVES; page 14 • w And TYPICAL EXAMPLES; page 16 c CD 10 < m N' CD CA p rx L v I 9 �1 > 0 0 0�,? COo -COr-) v 7 CC 0 Ci 6 P 5 `- 4 0.01 0.05 0.1 0.5 1 5 10 50 100 CONSTRUCTION COST MILLIONS OF DOLLARS • ' • Mr. Bob Whitehead January 30, 1996 City of Southlake Page 4 TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, Eddie Cheatham, P.E. f:\word\proposal\southlak\Iondov.wsi • AUTHORIZATION TO PROCEED: Accepted this day of , 1996. 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W. / CIR. E. . - 4- CLIA . ' __.) . • • / .• \ SOUTHLAKE \\ o • ► • z \ PARK RD EAST .. ,i \ o • , :n t.1,4 argrim, \/ C.) VArfix , cr 0 r . ____________r_112=I mETVALEVrwmt =Alm .\I lir 1 • ),c" ti •. 0: 2B 2B1 2C1 0 I • L •A..:.::„i.: • . :: ! 1 o c _ • 'ww 5k . 1. , � p • . o 2A2 2A1 ' • •• • ' • • 3 3F 0 ri 1 0 N. ' • :4(0. , t_il A-9 • •— - Z E-4 "' : ''1 \. I o cn i � � • 2F7 1 giw 3 I I � 3B1 B 3B1 A 2F [EATHAM Sc ASSOCIATES ' D CONTINUED ON MAP 12 p 411. - Ili 2i=a3 SCALE M FEET City of Southlake,Texas • MEMORANDUM 111) February 1, 1996 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Assistant to the City Manager SUBJECT: COS/CISD Policy of Joint Use for Use and Control of Local Government Cable Channel Attached is a copy of a policy governing use and control of the local government cable channel (Harron Cablevision channel 25). Anticipating requests from various organizations to broadcast announcements or other information on the channel, this policy was developed as a way to regulate usage of the channel. Channel 25 is defined as an "educational and governmental access" channel, not a "public access" channel. Public access channels are allocated for the public, usually residents of;the franchising authority. Governmental access and educational access channels are limited to programming which is related to educational purposes or the government of the city. This policy will ensure that only appropriate programming, including character- generated announcements, is broadcast on the channel. .. The Joint Utilization Committee, at its December 12, 1995 meeting, recommended forwarding the policy to the City Council and CISD School Board of Trustees for approval. The School y Board approved the polic , without changes, at its January 22, 1996 meeting. Please place this policy on,the next City Council agenda for their consideration. If you have any questions, I will be happy to answer them for you. KH • 5J-1 ..w . A. . City of Southlake ill ,.41 Carroll Independent School District outhlak- Policy of Joint Use 'Heart of the golden Triangle" - Policy: Use and Control of Local Government Cable Channel Source: Joint Utilization Committee Effective Date: Statement of Purpose (a) As a condition for use of public property and public right-of-way, Harron Cablevision has agreed to provide the City with control and use of a local government channel (Channel 25). The City shares the channel with the Carroll Independent School District ("CISD"). (b) Operation and use of the channel shall be under the direction of the City Manager or the City Manager's designee for municipal programming and shall be under the direction of the CISD Superintendent or the Superintendent's designee for school related programming. This Sdocument expresses general• policies governing the operation rules and procedures for programming. (c) The City and CISD will strive to achieve the following goals: (1) The channel will be restricted to municipal and school related programming. (2) The channel will be operated in a professional manner, adhering to the highest standards of journalistic, artistic and technical quality. (3) The channel is an important resource to the City and CISD and will be - operated in a manner to best enhance the community's knowledge of City government and CISD educational programs. Definitions: CABLECAST means the transmission of video productions, including character-generated announcements, via cable to home television viewers who subscribe to cable television. CITY MANAGER means the City Manager or the City Manager's designee. • C:\WPFILES\ELECTRNC\CABLPLCY.RO January 4,1996 1 5 J-2 • SUPERINTENDENT means the CISD Superintendent or the Superintendent's designee. General Policies (a) Hours of Operation of the Facilities: Hours of operation will normally be limited to business hours of the City and CISD. Program productions which require use of staff, equipment, or facilities after regular business hours or on weekends, will be considered on,a case- by-case basis. Access to facilities, staff, equipment or other resources will be at the sole discretion of the City Manager or Superintendent granted only to persons who are involved in the production of programming for the City or CISD. (b) Cablecast Hours: Hours of operation and the transmission times for television programming are determined by the City Manager and the Superintendent. (c) Programming: CHANNEL 25 IS A GOVERNMENTAL AND EDUCATIONAL ACCESS.CHANNEL,NOT A PUBLIC ACCESS CHANNEL. The City Manager has complete and sole authority over the administration of the cable television channel, and the programming of City related cablecasts. The Superintendent has complete and sole authority over the programming of CISD related cablecasts. , . (d) Messages: Character-based messages shall be limited to information related to the *City, CISD, or organizations sponsored by the City or CISD. (1) Information for character-generated announcements must contain date, place, time, etc. Requests for'bulletin board access shall be approved by the City Manager for City-sponsored organizations and shall be approved by the Superintendent for CISD-sponsored organizations. (2) Requests for messages must be submitted at least five business days prior to the first date the message is requested to appear. Actual cablecast dates are at the discretion of the City Manager for City-sponsored organizations, and at the discretion of the Superintendent for CISD-sponsored organizations. (e) Public Meetings: No sound will be deleted or edited from any videotaped public meeting. The City Manager and the Superintendent retain final and sole approval authority over which meetings will be cablecast. (f) Liability for Error: The City and the CISD, their employees, agents, and officials, both appointed and elected, assume no liability for, and are not responsible for, the accuracy of community organization information cablecast on the City cable channel.. .C:\WPFILES\ELECTRNC\CABLPLCY.RO January 4, 1996 2 5J-3 • • (g) Retention of Videotapes: All videotapes of programming of community meetings, staff-produced programming, and programming provided by an outside source, may be retained for repeat cablecast at the discretion of the City Manager for City-related programming and the Superintendent, for CISD-related programming. S •\WPFILES\ELECTRNC\CABLPLCY.RO January 4,1996 5J-4 City of Southlake,Texas : IliMEMORANDUM January 30, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorizing the Mayor to Enter Into an Interlocal Agreement Between the City of Southlake and the City of Keller 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-1 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 discussed the attached agreement on January 16, 1996 and will consider the agreement on February 6, 1996. This item was included in the January 16, 1996 Southlake City • Council meeting packets with the intent to place the agreement on the consent agenda on February 6, 1996. This agreement was conceptually discussed with Southlake City Council at their June retreat, and while we discussed sewer servicies during 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 remaining 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; 7 • each city will keep their respective sewer impact fees and any other fee collected from citizens; and 5 K- 1 r.' Curtis E. Hawk, City Manager • Interlocal Cooperation Agreement • January 30, 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 the City Council authorize the Mayor to enter into this agreement with the City of Keller. Please place this on the February 6, 1996 agenda for Council consideration. BW Attachment: Interlocal Agreement • wodOc slwthead.memlagendalkellersw.agr • 5I?--c- ilp INTERLOCAL COOPERATION AGREEMENT 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, Texas (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, 0 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 north western portion of the S-2 basin, including that portion of the City of Keller within the S-2 basin; and S 1 5 k =3 • WHEREAS, Keller and Southlake recognize that the drainage basins designated S-1 and S-2 have portions which lay 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 and contract pursuant thereto. NOW, THEREFORE, for the mutual consideration herein stated, Keller and Southlake agree as follows: 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 about 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. • 2 • 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 Metering Keller shall 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. IIIEither 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 thereafter 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 meter shall be mutually agreed upon by and between the cities and the meters shall not be moved or relocated except by mutual consent. S 3 5 e-: • 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. 4 Meter Reading and Billing 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 found not functioning, and upon such notice 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 similar condition for a 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. 4. Sig'- 6 • 5 Rates and Bills A. Since both cities transport wastewater to the TRA 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 diffcrcncc in the acb ',C-ity—shalt bill the other at.the:appropriate rate 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. B. The rate charged shall be the rate TRA Central Wastewater Treatment Plant charges its member cities. 410 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 with out the written consent of the City Council of the city impacted by the additional sewage flow through their sanitary sewer system. Therefore, Southlake cannot add additional areas or customers outside of its designated S-1 basin, as recorded on Southlake's r 5 5K - . _ 41, Sewer System Master Plan and therefore; Keller cannot add areas or customers outside of its designated S-1 Basin as shown on attachment"A"and outside of the S-2 basin as shown on the attachment"A" and as recorded on Southlake's Sewer System Master Plan. An exception as part of this agreement is all of the platted lots in Vista Trails Addition to the City of Southlake shall be included in the S-1 basin. 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 IIIIn 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 effect to the extent possible. 10 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 duly passed and are now in full force and effect. EXECUTED in multiple originals this the day of , 1995. • 6 • Gary Fickes, Mayor Subscribed 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 Southlake CITY OF KELLER Mayor ATTEST: City Secretary • 7 • APPROVED AS TO FORM AND LEGALITY: Keller City Attorney wp611wpdocslagreement.intlkeller.sew • 8 City of Southlake,Texas MEMORANDUM • February 2, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Amending Coventry Addition Developer Agreement Coventry Addition developer agreement was approved by City Council and signed on June 20, 1995. Staff has had a difficult time implementing a portion of this agreement. Section IV OTHER ISSUES: A. OFF-SITE SEWER, states "The portion of the N-1 line shown on the attached exhibit will be constructed by Developer and pro-rata reimbursement from the City of Southlake will be in accordance with Section IV of City of Southlake Ordinance No. 493." The Pro-Rata Ordinance is intended to reimburse the developer over a ten year period for the installation of a sanitary sewer trunkline which serves other developments. Collection of the pro-rata from subsequent developers are suppose to occur when the development connects to the trunkline sewer. However, under state laws the City can no longer collect pro rata if we collect impact fees. In order to reimburse the developer as we agreed in the Developer Agreement, this language • change is necessary. Therefore, in keeping with the spirit of the Pro-Rata Ordinance, staff recommends that the City Council amend the Coventry Addition Developer agreement to: • . delete the wording in Section IV, A. third paragraph, line 2 and 3 which reads "... and pro rata reimbursement from the City of Southlake will be in accordance with Section IV of City of Southlake Ordinance No. 493." • add the following in Section IV, A., third paragraph, as the second sentence. "Developer will be reimbursed on a semi annual basis, all sewer impact fees collected by the City for properties which contribute sewerage to the N-1 line built by the Coventry Addition. This • reimbursement shall not total a greater amount than the original cost of construction." Please place this on the February 6, 1996 agenda for Council consideration. BW/sm Attachment: Section IV. Wp611wpdocs I wthead.mem l agendal covenamd.wpd • 5L - i expense;provided,however,that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided p or purchased by the person performing the.Agreement; or b: the service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. OFF-SITE SEWER: Coventry Addition will be served by the N-1 sewer line and this line will connect to a TRA lift station, with the outside completion date of said lift station estimated to be July of 1996. Anticipated completion date of the first homes in Coventry will be April or May of 1996. Homes that are completed prior to the completion of the off-site sewer facilities will be allowed to pump sewer for disposal off-site at the Developer's expense. Frequency and final disposal will meet all City criteria. The portion of the N-1 line shown on the attached exhibit will be constructed by Developer and pro rata reimbursement from the City of Southlakc will be in . Developer will -9- be rennbursed dn'a semi;:annuatba§i"s;all'sewer:in pactmfees;cO1lected by the°`City;for properties the N-lw line built by the Coventry-Additions Thus reunbursement .shall not total" a:greater:.amount than the original cost;of construction) Article V, Oversizing will allow reimbursement to the Developer for the difference in cost of the oversizing within five (5) years from acceptance of Developer's portion of the sewer line. Inspection Fees (3%) and Administrative Processing Fees (2%)paid by Developer to the City for Phase I,and Phase II and off-site improvements will be offset against the City's reimbursement of oversizing costs by their repayment by the City to the Developer within 10 days after the later to occur of(i)payment of the respective fees and(ii)the City's acceptance of the off-site improvements. B. OFF-SITE DRAINAGE: The Developer understands that the Drainage Ordinance, Section 6.06-B, requires that each development contribute on a pro-rate basis towards the cost of replacing critical drainage structures downstream from the development. This development is within the basin served by the box culverts in Dove Road, White Chapel, and Shady Oaks Drive. The Developer agrees to pay a total of$37,000 for the entire Addition with$20,000 due for Phase I. The Phase I fee shall be payable prior to the beginning II/ of construction. C. OFF-SITE WATER: • Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in accordance with current ordinances and shall be responsible for all construction costs,materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost. D. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Old.); Article VII, Park and Recreation Dedication Requirements. However, in consideration of the amenities to be installed in this Addition Phase I, the Developer has requested credit toward the required park fees. The Park Board considered the Developer's request for credit at the May 5, 1995 meeting and recommended to City Council that 30%credit be given. The Council,hereby, grants a 30%credit for a required Park Fee of$17,500 for this phase and is payable to the City prior to the beginning of construction. -10- 5L-3 ter• �� City of Southlake,Texas • MEMORANDUM January 31, 1996 TO: Curtis Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization to Bid - Randol Mill Paving and Sewer Projects We are requesting authorization to bid paving and sewer projects on Randol Mill Avenue from FM 1709 to north of Kingswood Drive. The City Council has previously authorized the advertisement for bids of the paving portion of this project. Based upon citizen request for sanitary sewer in the Hillside Court and Sword Addition areas and the direction of the Council to consider the Hillside Court area as an alternative Neighborhood Sewer project this budget year and as a • primary project next budget year, staff is recommending that we install the sewer line in conjunction with the authorized paving project. If we were to install the sanitary sewer at a later date, we would need to damage the roadway being constructed this year. The road paving project was designed by Dunaway &Associates at the time that this project was intended to be done by the County. The scope of this particular project is to repave the existing road and to remove a major portion of the hill at Kingswood Drive. The length of this project is approximately 1.3 miles. The Engineer's estimate of the cost of the paving project is $319,000. This project is budgeted in the Infrastructure Reserve Fund. The sewer project was designed by Cheatham & Associates. This portion of the project consists of approximately 1,500 linear feet of sanitary sewer line and appurtenances. The Engineer's estimate of the cost of the sewer project is $72,486. Funding for this project is from the Waterworks Improvement Fund. Even though this project was not budgeted for this year, Staff feels that this project needs to be done in order to support the inclusion of the Hillside Court subdivision in the Neighborhood Sewer Program. The Waterworks Improvement Fund is the capital project fund for water and sewer utilities. Staff will monitor the fund as bids are let on the projects which are budgeted. If additional funding is necessary, adjustments will be made at the end of the fiscal year. 5in- / A 1111 TO: Curtis Hawk Authorization to Bid - Randol Mill Paving and Sewer Projects January 31, 1996 Page 2 It is our intent to combine both of these projects into one bid. Staff feels that there is a benefit in dealing with one contractor and one contract. We will issue our advertisement for bid using the paving project as the lead contract. Both of the Engineer's have agreed to combine their design projects under a common title sheet for bid purposes. Both engineers will retain responsible for their portions of the design, under the overall supervision of the City Engineering staff. Od' - RJH/rjh • S �5� 60/f' • — I Ur`), \ ‘ \ •'•\-- --- I ....--- ,' _non j,_. •r• '. • olligo'N,..... j 1.'lls kii . 608. 1 2A1 2A -.--"'. ,.. ,. 6A2A f ....'f' ....-r111 _.-..., f------6 , , - ill iii i i i ri . 1 i , 1 ....1-(4, i OP"' 0 6A2 -.• i ! 1 !IVID•011' I \ i iiiltillIdr. •'•i / \ 1 la , , .' i \\ 6A 01. i •loijirj()}.• 1 1 1 1 • • , ; ,I 1.4 . : ! ii , i i 1 •ri---, \ :1-•-•-r / ---- ; i, , I ! . i i _ --. .4..,,,- ) ._..; i ?),...- ./ i . \ • • / ,- \ \ J. WALKER „ , . . , , i..ed,_ i r' % ‘. / j ' ' .1----• ip •-±•-._ • i . . ,:..., .. SURVEY At1604 .0 i 1 1 5, 1 - • 1• 111 . 1 ir 1i. . / 1 , ,5. • , • : : .---.1,-. .il I • -y j % ....• ,• iiiiiii ; ; ; ,./i 1.-- ---1----; • \/ / ,., .,. 6A1 1A1A1 .1 /i • 1 .' .:,` l-•-•-• it -----i-•-•--- • --------/-7-----(,.,. , /;. ., •- • ! ! 61312 68 0°.•..jn-741•-_--.-+.i1 1-.-4!.!(-.4T"1i_.-,1i1L.-i-tF-i 1A1A .._-..-_.. ,ii4i ---i1l k .r.-..•.v'i •-/---//1-.i-r---ti.4,7.\--. \ .,• i) 2848 11 ! ! ! , , 687Am , _ , ,5i i . ii• 1AIA 1A1A TA1f1A 1MA2A .• i i 685 682 2C D2E1A1A2F ' — 3 1 77.-. i Dl e 683 . Moir el i ./ i / i IAIA2G \ .1• . / • 410. i i 6B4 ,• ,/ • • _._. t: i t ... -. i 1 1---- 44 IA1A3 6C 689 --1 1 ' 1 JO -• El • •----1 ',., ! i - •'" i • • r— KELLER CITY LIMIT , t ., . ,4 1 -- st B. J 0 i U 0011i E K. ! 1, \ r.-.,. - __. 2C1C1 Cl 3 3E 3E1A 3B . • 9 ----FM 9 9 9A2 •It - "'"... 1 g3, D 1 •••••• D D 2 3 9A •• o' .- ii ._i etAtiOR ,! f 0 (..2. SURVEY A-519 18 11 l' •k •'•,. ,.. ‘ •-. -........ 2C 111 i ....,.. , ; -4 — •, : - LE. a \ \ • #.0 i 0 ../. .i 2A1 •-,. .rillig .-• ‘ . 1111p0' 1E1 9 • • 't .12 3C1 2A1A •! ! ..•i i ;_.• \ 13 ‘ • I., ) lE •-•-• 1 •••••1D2 .,L 1-.... •'• 1 i i !H \ • •' ..._.• 60 Ac .., 3C i I i ''• • i 40••• 11 ...‘ i l-Il P . i ! • • ' NV/' 1° • •' •! ! i i ! ! IM ,• 103 10 .44k' 'Leal.. ..... i--•—• \ \ .i ! t, 1A2X 3 1 tl .--1---• •-•:r-1 8 7A '. 6A 6D 8A28 BA II • ! . -4- •---- -PA•114r "', c.,,:..... ..-, „,,,,•.- . ' . 0,„„,,,,, ,,,,, 7 8 Ac 6 Ac 9.5ic - .. :;ill II . i t•,10 1 ?‘‘ •-•,.•.ci7-•11 - .c.4. I. 2.9 • _J_Q ._. c9 t r• 1 •t• :4 . i v lo.• X•1/4. 1. I : :. ": • Pc . . -.:1 .r. . p kc 1 A # -11 -itAY-t6t11%.1%.11 .-• - • 11 • <1.• :,.. . 0 ._. • • -4.1", , .,•(. .• i i i i i ..±.• ,,,,, ..1.._,.....,._.L. •-. •,..,, 6 8A2D1 • ..., 1 i 11 A 0D. 9.64 Ac i • i i'-rk•E415-4- r' . ....j ! •0 Ill .-1-• 0 ' —I. e • .9 0 1 1— *--•i ---1 .--• a. . I :. •-. ---3-7 -4 •-• ' - .-.1 / ' ROAD m , • i r•-• ._. ---- --- ----f:h4: 170'J 2C3 2C9 p•C10 2C312C32 i i i It i i i i •°171F-4*-111M•R -.•••••••••11 • 1 i 1 ! • 1-- -T 3D 3-17-7 s.. ._._._.,j.___. i i 1. ,, ....• ...i : ,A IA 3 •-----;?•—•— Dry- .,4114161111 3C ._._._._._. -1,r4 ...._. ,51.0._. /1111....... ...................... lAl A j 1 ' 3C2 CARP:CM! ..."1_. 11N113-rpir ' • "431 : 20 Ac 3C2A '0 .--.--1.-.-... 59 i, kt.. •N 2A3: 2A2 - rt'n : ....r•g0 „1.4 .• 2E 0#/:!1 . 9.3 Ac '-- IS. III M111111_11111 III Proposed Sewer ." .._.... -:•-•'-• ) irr • Al ADE ., i. _. . . • --6•Qu', N' RoL. Ni.‘.'ik..Nw 4i •-• 2C14 1111V2D1 .• • • ' ._. . 2A\- 1 1 P'ro posed Paving ii•— JG9 3A1 b Ac —A-1255 St 011-11.• , A.K5 5 2A 2A6 s .5'/Y)---3 \\ \ `) 4 r ...r)'• .3d1A1' ..' City of Southlake,Texas MEMORANDUM February 2, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 95-121,Revised Site Plan/Diamond Shamrock Terminal Attached is a letter from John E. Levitt, P.E. requesting that the above-referenced item be tabled until the March 5, 1996 City Council Meeting. KPG/ls 7A-1 J. E. LEVITT ENGINEERS, INC. •ENGINEERS • PLANNERS 26 COMMERCE • SUITE 104 • SOUTHLAKE, TEXAS 76092 • (817) 488-3313 February 1, 1996 Ms. Karen Gandy Zoning Administrator City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 RE: ZA95-121 Diamond Shamrock Terminal Dear Ms. Gandy: On behalf of our client, Diamond Shamrock, we respectfully request that the referenced item be tabled until the March 5th city council meeting. 1110 Your assistance in this matter is greatly appreciated. V-ry . rul ours, Jo n E. Levitt, P.E. Jr :dl cc: Mr. Mike Truby, P.E. • 7A-2 City of Southiake,Texas IIIMEMORANDUM February 2,1996 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Authorization for Staff to Submit an Application for the 1996 Community Development Block Grant (CDBG) The staff recommends that the 1996 CDBG project funding be used for the construction of sanitary sewer and associated improvements for Sutton Place Addition (Sutton Lane.) The installation of sanitary sewer will provide an area wide benefit within a residential low income target area. Benefits to the area include a sanitary sewer service, service connections and elimination of septic systems within the'Sutton Place targeted area. Attached you will find an exhibit and cost estimate for the construction of sanitary sewer and associated improvements for Sutton Place Addition in the western portion of the City. It is S anticipated that Southiake will be allocated approximately $120,000 in 1996 CDBG funding. Cheatham and Associates have estimated the cost for the sanitary sewer construction, associated improvements and engineering and surveying to be $140,000. This will leave an approximate $20,000 deficit with the balance of the funding to come from the utility fund. Also attached is a copy of the notification for a public hearing to be held at the Council meeting on February 6, 1996. After the hearing will be a second item for Council to consider which will authorize staff to submit the application for approval of the 1996 CDBG funding. Deadline for submittal of the application is February 15, 1996. Please feel free to contact me or Tom Elgin should you have any questions. GL/te enc: Target Area Exhibit Notice of Public Hearing 1996 CDBG Application Including Sanitary Sewer Improvements Exhibit and Cost Estimate G:\WPF\PROJECTS\CDBG96\CCRECOM.WPD I 7B-1 z IF. 1 1 Ll�. 1 i : .G..._i ...1 . "'I — ' 2 ' SURVEYA_389 \,-- —i._ P \ _ _ � C o- (ii•-•1-•-•- ^•_•:.1 i 1 i i I 3 4sTA1E1 1 -j ._._. ..4...1i..,1--�" :- _• 3A _ _i i 1 , a V. i _tEE } HH - +- 6i -Al ; VITA L1�1 �""' . . __}. i 1 _ _ ..D • 1 _. itfrtgli• — � _ >\---_._. 1 - ter0, 1f / k 1 _._._._1 i i i i 1 iA RIDLa. • "i�4 1 1 6C 689 -•-� 59 3 681 6A 1. _._. -. > H - -- i i \ _ --i r.- `� PLbREHC€ RD 1 -3F :3Ft®: 30a 3D 3A 3 3E 3E1A 3g8: ;3Ftc: i 313 R1+ tea.,' _._....,3D2A 3G1, , 3F9 • F16• Q. 3H3• )U 7C 1 1 3F�: 1J ' ® ..`, �/ 3E1J. - 302 _ c I:t;f.1l/ce1, .3EtK: .:3FI: 3H2 3C1 i 1 •-...„_- _._..r._._ r..._. ;11 .3E1E.*: 3J1 3E1 ols4 -4 2F1 -•-•- -•-•4•- r•-•- 43f : :3EjA: 3H \• • { 4r9,1 .-•— 3F2: :3€1C:1 .,3H1 — ka ,, 2G pitg .3!®..�._.-, _._.1�3F1II J3FtE �-yDf 3C _ _ -� 3Ftt �3Ett�: I , 1 . +._ _r_• _- 1 4A 4H 4G1 _._.i---••i- ._ -.-• 7C 7 78 7A 6A 60 7B 1 _.-._ ,:HIti1 1M Tf2 _ _. _, ] -._ JOH J. [�C CS( OL 4A1 _._ � _[�� 2.9 . ._ 7 _.... + _lids — - SURVEY A-521 Ac A 4J 4G4-• b- ( _• _ t._. . --- -._ 19 Ac 3'3 6 Ac 9.5 lAc - 4 481 48 _4 4 -.-• .. ._-1 .- Ac ' GA A .' 4 . 0„ 4C --- --- T•-•- -•-._ � < 1 7C1---` 4' ..___1 i JOHNSON ROAD lB 1B o 1B1A .I �° i 1C1�1C 1 �1E 2C5 l2C7 /2C1712C18l2C2 2C3 2C9'2C10 2C312C32 , 1 1B2 / V IIei NI "i i i lei .. ._._._._. QUALIFIED TARGET AREA i 2 i 1 G.� I 1818 i 0 '. 161B1 • x- ' 1H 4 1r2 I 1E 1 -.‘ . G _.:1 .!.- 1 1B1C fr '� 10 i -.. _...TO _._._� .. , T 7B-2 • ._._._._._. �'i� h,_ _ �_ Q ► i i i ( I I ;.k. r • / CITY OF SOUTHLAKE 1/6t,- COMMUNrTY DEVELOPMENT BLOCK GRANT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, WILL HOLD A PUBLIC HEARING ON FEBRUARY 6, 1996 AT It:30 P.M., IN THE CITY COUNCIL CHAMBERS OF CITY HALL, 667 NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS. PURPOSE OF THE MEETING IS TO PROVIDE AN .� OPEN FORUM TO RECEIVE CITIZEN VIEWS, QUESTIONS AND ‘ CONCERNS REGARDING THE 22ND PROGRAM YEAR PROJECT FUNDING. ALL INTERESTED PARTIES ARE URGED TO ATTEND. IMPROVEMENTS PLANNED FOR THIS GRANT APPLICATION INCLUDE SANITARY SEWER IMPROVEMENTS TO PROVIDE SEWER SERVICE TO SUTTON PLACE IN THE WESTERN PORTION OF THE CITY. FOR FURTHER INFORMATION CONTACT THE DEPARTMENT OF COMMUNITY DEVELOPMENT AT THE CITY OF SOUTHLAKE AT 481- ' iii! 5581 EXT. 753. III 7B-3 • 6 • 3A I _� _1 llii•-.�._ r_4 _��V 1 3`� PROJECT 6A1 I ITA�.N 1 1 • - 1 1 a `�(lAW J-1 T I __ r� ,A�' �-A LOCATION I I •-�E5 ._._. 681 -. -- i MISCELLANEOUS SEWER LINES) 3 1 3F _ 10 3A 3 3E 3EIA 38 g 9 i 3 9 9 9A2 9A1A C I 1C D D i D D i J ,JFiH q 6 1 1 2 3 9A 9A1 _._ ,�I I 3F5�— __ —.MA 1�/ I 5Yr U 1 3F9 3Fi11 ��ER 3H3 g1 014 98 7C I 20 ''. 3F1J ,I' J� •-- NI f • 2 _. _.I._. _.J L3F1E 2 3C1 i :1 Y I N .; _.t._. , ._.-JF,�3Fu 3JI 3E1 i 'YL5'r' 9c, E .1�® 4. - 3F2 . 1c Ac x '_._. ► •-_.t._. _._. ,D �F,F ESTIMATED CONSTRUCTION 1lam - -{• 1N '�v 7 78 + 4A 4H 4c, -._. • - _• COST INCLUDING • I - JOU Ul1V J. FI t • 7 I 4A1 ,�,-.- , l -- ADMINISTRATION VV► SURVEY A-521 z S� �1 �._.T._. _ 19 ENGINEERING a C L" ,I�."r _ :` .- " • SURVEYING �� 4c2 _ i " Er + -T- - CONSTRUCTION V K i T :•• N «N $140,000.00 Ili 16 I i i 1C1 1C 1 1E,2C5 2C7 2C17 2C18 2C2 2C3 2C9 2C10 2C312C32 : 1 1 ___ 1 I 1 1. .J li O(/ 2 2 _J.1 _ ._ I I I • I I llir P. �ill_.i._� FLORENCE 6 8 • w 1 - 1( 1>1 _s.3 Ac SCHOOL 128 Ac i i ---. b • -L-- SjI E — c. 1B1: 1 ]y 1B1:1 E ... i i 1° A-159d 1H 18132 —--- - -'T 1 �5 ._.,.... 1BI 7.0 1B i 2E 01 161A 1E '----- --G �'� --_I 4IA I a l 'i I iC3'Q I �- _ 9.3 Ac J G• p.Y ,Ak ----- --- -- ---I - - _ UADOfy S, • _. 0 Lji I i LC , ., a A4 p�{, 1 , 60 C� �_----- 20 Ac '• --- -- 2C14 2C15 2D1 1R f IK /pRDAN DIN i _ _ / �- -_ � ..... 2A1A c 2A K 1 7B-17. ,i.,., a. ' • PROPOSED 22nd YEAR • 46_ s; COMMUNITY DEVELOPMENT BLOCK GRANT ' FOR . 'c s1 CITY OF SOUTHLAKE tl pAAK'" I I I ..I . I I I I I I II I A3 511 NE'F1E� ENGINEERS - PLANNERS - SURVEYORS 2A2 1A2a 3 Iga._ LI 6G , DPI' A Subsidiary Firm of Southwest Planning and Design, Inc. i G 1 ... 1601 E. Lamar Boulevard - Suite 200 - Arlington, Texas 76011 I I I 1 L `' 14 6 • 817/548-0696 - Metro 265-8836 - Fax 817/265-8532 I 1 , , 18 • 68 18 D� Soutlilake CDBG Application -Job No. 001-431 6c2 c, g City of Southlake,Texas 0 MEMORANDUM February 2, 1996 TO: Curtis E. Hawk, City Manager FROM: : Lou Ann Heath, Director of Finance SUBJECT: Ordinance 655, Authorizing the Issuance of$2,380,000 'City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1996' At the Special City Council meeting on January 30, Resolution No. 96-07 was approved authorizing publication of Notice of Intent to Issue Certificates of Obligation. This notice sets in motion the legal requirements to issue the debt. The notice will be published on February 1 and 8. Also approved was Resolution 96-08, which allows the City to reimburse expenditures made in anticipation of debt issuance. Presented for consideration is the first reading of Ordinance 655, which authorizes the issuance 0 of the debt, and pledges the City's ad valorem tax and revenues from the utility system. The $2,380,000 certificates are for the purchase of land, street .and drainage improvements, equipment, and issuance costs. The certificates will be retired over a 20 year period, with accelerated principal repayment in the first six years. This acceleration will match the expected average life of the equipment. Please place ordinance 655 on the February 6 agenda for approval. Second reading and the sale of the certificates are set for February 20. This schedule will allow for delivery of funds by March 26. 41) 2 F1-! CITY OF SAILHLP,KE • 0 BONG E • FEBRUARY 1996 _ Par amount of bonds 2,380,000 bond issue costs-estimate 50,000 Project amount 2,330,000 Resolution for Fund # Item Budget Actual Reimbursement Total General 1 Equipment 330,000 330,000 330,000 330,000 Infrastructure Reserve 2 Land-City Hall (Timarron/Richards)* 850,000 500,050 250,000 500,050 3 (land planning/prelim design-city hall) 0 125,000 0 125,000 4 Street Improvements-year 1 sewer 440,000 325,000 0 325,000 5 Seal-Coat (Cross Timbers) }} 5_0.000 50,000 0 50,000 O0 6 Randol Mill-FM1709 to Kingswood 4 319.770, 319,770 1 0 319,770 = 7 Brock 58,080 58,080 0 58,080 8 Hilltop/Briar/Hillside/CrescentlWoodland 250,000 250,000 0 250,000 9 (engineering-streets #7 & #8 @ 10%) 0 30,808 0 30,808 10 Summerplace Drainage improvements 0 100,000 50,000 100,000 11 Street improvements-neighborhood 0 325,000 0 325,000 Transfer from Perimeter Road Fund (124.793) (124.793) 0 . (124.793) Total-Streets, Land, drainage 1,843,057 1,958,915 300,000 1,958,915 Utility (projects for FY95-96 are funded through operations) 0 0 0 0 Grand Total 2,173,057 2,288,915 630,000 2,288,915 equipment 330.000 streets/land 2.000.000 * Certificates of obligation issued 11/95 to Richards for $290,000. Total purchase price of land = $1,140,160, with $350,400 Timarron credits. b:bnds1296 • 1111 ORDINANCE NO. AN ORDINANCE authorizing the issuance of "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1996"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, notice of the City Council's intention to issue certificates of obligation in the maximum principal amount of $2,380, 000 for the purpose of paying contractual obligations to be incurred for (i) the purchase of materials, equipment and. machinery for various city departments, including the public works, parks and recreation and public safety departments, (ii) the purchase of land for a new city hall complex, (iii) the 1110 construction of street and drainage improvements and (iv) professional services rendered in relation to such projects and the financing thereof, has been duly published in The Fort Worth Star Telegram, a newspaper hereby found and determined to be of general circulation in the City of Southlake, Texas, on , 1996 and , 1996, the date the first publication of such notice being not less than fifteen (15) days prior to the tentative date stated therein for the second reading and final passage of the ordinance authorizing the issuance of such certificates; and WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and WHEREAS, the Council hereby finds and determines that all of the certificates of obligation described in the aforesaid notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 4111 0309028 2015 160,000 1111 2016 165,000 % The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months) , and such interest shall be payable on February 15 and August 15 of each year, commencing February 15, 1997. SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption, or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Texas Commerce Bank National Association, Dallas, Texas to serve as Paying Agent/Registrar for . the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the "Security Register") shall at 4111 all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and. City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the 0 0309028 43- redeem Certificates shall be entered in the minutes of the 1111 governing body of the City. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5,000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to. be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the 1110 Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, provided moneys sufficient for the payment of such Certificate (or the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v) specify that payment of the redemption price for the Certificates, or th"e principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor. SECTION 5: Registration - Transfer - Exchange of Certificates-Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the 1111 0309028 -5- exchange or transfer therefor. Additionally, the term 1111 "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 21 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, .destroyed, or stolen Certificate. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3 , 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC) , a limited purpose trust company organized under the laws of the State of New York, in accordance with the requirements and procedures identified in the Letter of Representation, by and between the City, the Paying Agent/Registrar and DTC (the "Depository Agreement") relating to the Certificates. • Pursuant to the Depository Agreement and the ,rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the "DTC Participants") . While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co. , as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and • 0309028 -7- Certificate(s) delivered hereunder and exchange therefor 1111 definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s) , or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City . or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an S appropriate reference thereto on the face of the certificate. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. B. Form of Certificates. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF OBLIGATION, SERIES 1996 • 0309028 -9- complex, (iii) the construction of street and drainage improvements and (iv) professional services rendered in relation It 1 to such projects and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A. , Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance") . The Certificates maturing on and after February 15, 2006, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) , on February 15, 2005, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption and upon 30 days prior written notice being sent by United States Mail, first class postage prepaid, to the registered owners of the Certificates to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Certificate (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date this Certificate (or the portion of the principal sum hereof to be redeemed) shall become due and payable, . and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys for the payment of the redemption price and the interest on the principal amount to be S redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event of a partial redemption of the principal amount of this Certificate, payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of this Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and there shall be issued to the registered owner hereof, without charge, a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum hereof. If this Certificate is selected for redemption, in whole or in part, the _ City and the Paying Agent/Registrar shall not be required to transfer this Certificate to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance hereof in the event of its redemption in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and from a limited pledge of the 1111 ( -11- payment of interest hereon, (ii) on the date of surrender of this 1111 Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have • happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. • 0309028 -13- D. Form of Certificate of Paving Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in Dallas, Texas, is the "Designated Payment/Transfer Office" for this Certificate. Registration Date: TEXAS COMMERCE BANK NATIONAL ASSOCIATION, Dallas, Texas, as Paying Agent/Registrar By Authorized Signature E. Form of Assignment. ASSIGNMENT • FOR VALUE RECEIVED the undersigned hereby sells, assigns, g and transfers unto (Print or typewrite name, address, and zip code of transferee: ) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assign- Signature guaranteed: went must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. S W09028 -15- g the Paying Agent/ Registrar, requested by, and at the risk and III expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance:of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Certificates" shall mean the $2,380,000 "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1996" authorized by this Ordinance. (b) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (c) The term "Collection Date" shall mean, when reference is being made to the levy and collection of S annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (d) The term "Fiscal Year" shall mean the twelve month financial accounting period used by the City in connection with the operation of the. System which may be any twelve consecutive month period established by the City. (e) The term "Government Securities" shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and the United States Treasury obligations such as its State and Local Government Series in book-entry form. (f) The term "Gross Revenues" shall mean all income, receipts and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction) , of the System, including earnings and income derived from the investment or 0 0309028 -17- and delivered in lieu thereof as provided in 1111 Section 21 hereof. (j) The term "Previously Issued Certificates" shall mean the outstanding (1) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates • of Obligation, Series 1990", dated August 1, 1990, issued in the original principal amount of $1,100,000, (2) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1992" , dated May 1, 1992, issued in the original principal amount of $1,300,000 and (3) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1994", dated December 1, 1994, originally issued in the principal amount of $4,350,000. (k) The term "Prior Lien Obligations" shall mean (i) the outstanding and unpaid (1) "City of Southlake, Texas, Waterworks and Sewer System Revenue Bonds, Series 1984" , dated May 1, 1984, originally issued in the aggregate principal amount of $500,000, (2) "City of Southlake, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 1987", dated March 1, 1987, and originally issued in the aggregate principal amount of $217,000 and (3) "City of Southlake, Texas, Tax and 1110 Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 1992-A" , dated October 1, 1992, and originally issued in the aggregate principal amount of $1,300, 000, and (ii) obligations hereafter issued which by the terms of the authorizing ordinance are made payable from and secured by a lien on and pledge of the Net Revenues of the System ranking prior and superior to the lien and pledge securing the payment of the Certificates. (1) The term "System" shall mean all properties, facilities and plants currently owned, operated and maintained by the City for the supply, treatment, transmission and distribution of treated potable water and the collection, treatment and disposal of water-carried wastes, together with all future extensions, improvements, replacements and additions thereto. SECTION 11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificates, there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 1996 TAX AND 0309028 -19- 244 Accrued interest and premium, if any, received from the 1111 purchasers of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Limited Pledge of Net Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, the Net Revenues of the System in an aggregate amount not to exceed $1,000 are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and the limited pledge of $1,000 of the Net Revenues of the System herein made for the payment of the Certificates shall constitute a lien on the Net Revenues of the System in accordance with the terms and provisions hereof and shall be on a parity in all respects with the lien on the Net Revenues securing the payment of the Previously Issued Certificates. Furthermore, such lien on and pledge of the Net Revenues securing the payment of the Certificates shall be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. SECTION 14: System Fund. The City covenants and agrees that all Gross Revenues (excluding earnings from the investment of 1110 money held in any special funds or accounts created for the payment and security of the Prior Lien Obligations) shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the "City of Southlake Waterworks and Sanitary Sewer System Fund" (hereinafter called the "System Fund") . All moneys deposited to the credit of the System Fund shall be allocated, appropriated and budgeted to the extent required for the following purposes and in the order of priority shown, to wit: First: To the payment of all necessary and reasonable Maintenance and Operating Expenses of the System as defined herein or required by statute to be a first charge on and claim against the Gross Revenues, Second: To the payment of all amounts required to be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. 0 0309028 -21- SECTION 18: Special Covenants. The City hereby further covenants as follows: 1111 (a) It has the lawful power to pledge the Net Revenues of the System to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing under Articles 1111 et seq. , V.A.T.C.S. and V.T.C.A. , Local Government Code, Sections 271.041, et ,' seq. (b) Other than for the payment of the Certificates, the Previously Issued Certificates and the Prior Lien Obligations, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System. (c) While any Certificates remain Outstanding, the City will not sell the System or any substantial part thereof; provided, however, this covenant shall not be construed to prohibit the sale of such machinery or other properties or equipment which has become obsolete or otherwise unsuited to the efficient operation of the System. (d) To the extent that it legally may, the City 4111 further covenants and agrees that, while any of the Certificates are Outstanding, no franchise shall be granted for the installation or operation of any competing waterworks and sewer systems other than those owned by the City, and the operation of any such systems by anyone other than the City is hereby prohibited. (e) No free service of the System shall be allowed, and should the City or any of its agents or instrumentalities make use of the services and facilities of the System, payment of the reasonable value thereof shall be made by the City out of funds from sources other than the revenues and income of the System. SECTION 19: Issuance of Prior Lien Obligations/Additional Parity Obligations. The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, and such Prior Lien Obligations hereafter issued may be payable, in whole or in part, from the Net Revenues (without impairment of the obligation of contract with the Holders of the Certificates) upon 4111 0309028 -23- Every replacement Certificate issued pursuant to this Section 1111 shall be a valid and binding obligation, and shall be entitled to all the benefits' of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) • all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION _22: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such limited pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all • interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government 0 a -25- CAA .. "Code" means the Internal Revenue Code of 1986, as 1111 amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1. 148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1. 148-1(b) of the Regulations, and any / replacement proceeds as defined in Section 1. 148-1(c) of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1. 148-1(b) of the Regulations. "Non purpose Investment" means any investment property, as defined in section 148 (b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount" has the meaning set forth in Section 1. 148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the 4111 Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1. 148- 4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that • 030so28 -27- -30 with such Gross Proceeds are otherwise transferred in a ID transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested) , if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby) , whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149 (b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) No Rebate Required. The City warrants and represents 1111 that it satisfies the requirements of paragraph (2) and (3) of section 148 (f) of the code with respect to the Certificates without making the payments for the United States described in such section. Specifically, the City warrants and represents that: (1) the City is a governmental unit with general taxing powers; (2) at least 95% of the Gross Proceeds of the Certificates will be used for the local governmental activities of the City; (3) the aggregate face amount of all tax-exempt obligations issued or expected to be issued by the City (and all subordinate entities thereof) in the calendar year in which the Certificates are issued is not reasonably expected to exceed $5,000, 000. PROVIDED, HOWEVER, should additional tax exempt obligations be issued or incurred, including lease purchase financings, in the 1996 calendar year which would cause the total face amount of tax exempt obligations issued and incurred in such calendar year to exceed $5,000, 000, the City agrees and covenants that it will • 0309028 -29- SECTION 28: Official Statement. The Official Statement, together with all amendments and supplements thereto issued on S behalf of the City, prepared in the initial offering and sale of the Certificates by the City is hereby approved as to form and content, and the City Council hereby finds that the information and data contained in said Official Statement pertaining to the City and its financial affairs is true and' correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made,, not misleading. The use of such Official Statement in the reoffering of the Certificates by the Purchasers is hereby approved and authorized. SECTION 29: Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates, the investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, City Secretary, Director of Finance and City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and III certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate(s) to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 30: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of • 0309028 -31- t r intended to be and being for the sole and exclusive benefit of the IIICity, the Paying Agent/Registrar and the Holders. SECTION 35: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 36: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 37: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 38: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 39: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be III held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 40: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. • 0090 a -33- S A -,fi b 4. Unscheduled draws on credit enhancements reflecting 1111 financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax- exempt status of the Certificates; 7 . Modifications to rights of holders of the Certificates; 8. Certificate calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations, Disclaimers, and Amendments. The City S shall be obligated to observe and perform the covenants specified in this Section while, but only while, the . City remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Certificate calls and defeasance that cause the City to be no longer such an "obligated person. " The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its • 009028 -35i S A 3`si at such meeting, including this Ordinance, was given, all as IDrequired by V.T.C.A. , Government Code, Chapter 551, as amended. SECTION 42: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, February 6, 1996. PASSED ON SECOND READING AND ADOPTED, this February 20, 1996. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: 1111 City Attorney • 0309028 -37- The Bank hereby accepts its appointment, and agrees to serve • as the Paying Agent and Registrar for the Securities. I D Section 1.02. Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to • pay the Bank the fees and amounts set forth in Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel) . ARTICLE TWO DEFINITIONS Section 2 .01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: 4111 "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable,on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the principal offices of the Bank located at the address appearing on page 11 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Bond Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. • 0309071 -2- Section 2 . 02. Other Definitions. The terms "Bank, " 1111 "Issuer, " and "Securities (Security) " have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3 . 01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the Record Date. All payments of principal and/or interest on the Securities to the registered owners shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the fiduciary account provided in Section 5.05 hereof, sent by United States • mail, first class, postage prepaid, to the address appearing on the Security Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3 .02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities at the dates specified in the Bond Resolution. ARTICLE FOUR REGISTRAR Section 4.01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All transfers, exchanges and • 0309071 -4- �d �111 i ` payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the IIIinformation contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4.06. Mutilated, Destroyed, Lost or Stolen Securi- ties. The Issuer hereby instructs the Bank, subject to the. provisions of Section 21 of the Bond Resolution, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. 1110 In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed, lost or stolen Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3 .01, Securities it has delivered upon the transfer or exchange of any Securities pursuant ID 0309071 SA At • (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through IIIagents or attorneys of the Bank. Section 5. 03. Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. • The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5.04. May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5. 05. Moneys Held by Bank - Fiduciary Account/ Collateralization. A fiduciary account shall at all times be kept and maintained by the Bank for the receipt, safekeeping and disbursement of moneys received from the Issuer hereunder for the payment of the Securities, and money deposited to the credit of such account until paid to the Holders of the Securities shall be continuously collateralized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of America to secure and be IIIpledged as collateral for fiduciary accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such fiduciary account shall' be made by check drawn on such fiduciary account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment. The Bank shall be under no liability for interest on any money received by it hereunder. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the principal, premium (if any) , or interest on any Security - and remaining unclaimed for four years after final maturity of the Security has become due and payable will be paid by the Bank to the Issuer, and the Holder of such Security shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without ososi 4*\--tiS -8- • m Section 6.05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and 1111 assigns, whether so expressed or not. Section 6. 06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.08. Entire Agreement. This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution, the Bond Resolution shall govern. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6. 10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier Sterminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof) , together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. , 0309071 A-5c _lo_ L/\tL I t '. ' A- Exhibit B to 0 ' Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION - The following information is referred to in Section 40 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 15 of the Official Statement. Accounting Principles The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to S governmental units as prescribed by The Government Accounting Standards Board. S 0309028 s A - 5 .,, City of South lake,Texas ® MEMORANDUM February 1, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Request for Sign Variance for Huse Homeplace The developer of Huse Homeplace, applicant Mr. Tom Matthews, has applied for a sign variance to place a "free standing" sign as a subdivision entry sign. Mr. Charles Bloomberg, Plans Examiner, in a memo has listed five sections in the Sign Ordinance that Council would need to grant variances. There is no precedence established to provide guidance. The Sign Ordinance is apparently written to prohibit a sign of this type. The applicant has stated that the property, a six lot subdivision, is at the end of a "dead end street" and that "the sign will identify the property while being in keeping with the rural atmosphere of the subdivision." Public Works and Public Safety staffs have reviewed the request. If Council would approve this III request, staff would suggest that any future request for this type of subdivision sign meet the following minimum guidelines: • at the end of a street, therefore no through traffic • no more than six lots beyond this sign • sign location does not create a sight problem for traffic or pedestrian • sign meets minimum height and width requirements Please place this on the February 6, 1996 agenda for Council consideration. 6 BW Attachments: Charles Bloomburg Memo Application for Sign Permit wp6l 1 wpdocs I wthead.mem l agenda I husesng.var /0,4-/ y City of Southlake,Texas • MEMORANDUM January 31, 1996 TO: Bob Whitehead, P. E., Director of Public Works FROM: Charles Bloomberg, Plans Examiner(] SUBJECT Sign appeal for Huse Homeplace Mr. Tom Mathews has applied for a permit to construct a Subdivision Entry Sign spanning the road at the entry to the subdivision. The request for variance is required because the sign fails to meet the ordinance in the following areas: Section 16 C (2.) limits freestanding signs to 100 square feet per face. The proposed sign is 126 square feet. Section 16 C (7.) requires masonry poles supporting the sign head. The drawing shows the masonry part of the way up to an unspecified height. • Section 16 C (9.) prohibits freestanding signs within 150 feet of a residential district. This sign is within a residential neighborhood. Section 17 H prohibits signs within or over public right-of-way or other public property. This sign is entirely within the right-of-way. Section 19 D limits Subdivision Entry Signs to Monument or Attached Signs. This request is for a Freestanding Sign. This appeal is on the City Council Agenda for Tuesday February 6, 1996. I will be present if you or the council have any questions. attachments: plans sign drawings CB • X X. 410 •-44) .-- • ... • ' •-- . I • . . •%i l ' 1 • • •. M • ....s.. . . 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'. 2- (2 COURSE . .,1( BASE)\ I ‘ ,...,- -•. . .. A. 9 .• .. 1 •,/ zi /4, ....•.... ON 6 F 't- \-- \ Mc; *. Ai*. •••••-1...**'....'. --\ 00 ‘47'...... . • ‘.1-a,11 t,c:3...111, TA . • - -..5 .:-.24 1 i ..• '/ .• • . 04-44.341 .... . 41U. .\ STA. 04-33.38 - .r-----. -- IR \ ft) \ \ s. •-4 • . , --, •... s-...._ .__---- - 7----- I • (.._-_,)\, 1 s?,,.------- ... . ./ z / ', ..- \ cl- irk- -- , - 8' X 24' 1 . •PATTERNED \ cif -- €.. _..0 .. • ... , i CONCRETE — .. \ N LOT a \ ., -...,.. • P. co ,- • cv) o 2k ;-.) . :. LOT 11 i Hi 1 ,.,.; i_ it.i b ZED SUBGRADC ! . OTECHNICAL • 7. .. f IONS) /0 4-_3 . . _ City of Southlake, texas RESOLUTION NO. 96-10 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING MEMBERS TO THE SOUTHLAKE PARKS AND RECREATION BOARD; PROVIDING AN EFFECTIVE DATE. WHEREAS,a Parks and Recreation Board was created for the purpose of Planning and Developing Parks and Park sites within the City of Southlake, for the use and benefit of its citizens; and, WHEREAS, the Parks and Recreation Board shall consist of nine (9) members, to serve three (3) year terms; and, WHEREAS, currently there is one (1) vacancy; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2. The City Council desires to appoint the following person to fill an • unexpired term: Term Expires 1998 Section 3. This resolution is hereby effective upon passage by the City Council. PASSED and APPROVED this the 6th Day of February 1996. CITY OF SOUTHLAKE ATTEST: 1 Mayor Gary Fickes Sandra LeGrand City Secretary O _ 9A-1 . - { City of Southlake,Texas MEMORANDUM • February 2, 1996 To: City Council From: Curtis E. Hawk, City Mana r Subject: Public Hearing on Capital Improvements and Resulting Impact Fees Impact fees are levied on new development and are an important financing mechanism for the extension of the utility and roadway system. They have been prepared in accordance with state law and must be updated on a periodic basis. Our water and wastewater impact fees have been in place for several years, were brought into compliance with new state law requirements in a timely fashion in 1990, were updated in 1993 and are now being updated to reflect our growth trends and capital needs. The roadway impact fees are being implemented for the first time but replace our roadway perimeter fees,which are"frontage location"based, with fees that are traffic demand based. 0 Roadway impact fees are based on local costs, land uses and engineering tables, are more equitable than perimeter fees and are consistent with the"cause and effect" requirements of both state laws and recent court rulings. We have already conducted a hearing and accepted the independent consulting report on the land use and growth assumptions. Your briefing packet on this subject contains several items: * An overview of the impact fee process. * A calendar of key events. * A resolution setting the public hearing date. * A draft of a developer reimbursement policy. * A copy of the water and wastewater impact fee report. * A copy of the roadway impact fee report. The action item that you are being asked to consider is the resolution that establishes a public hearing on March 19, 1996. The notice to be published requires that the maximum impact fees be determined and made part of the notice. The reports must be available to the public for at least 30 days prior to the public hearing. The Capital Improvements Advisory Committee (CIAC),which includes representatives from the developer and builder community, as required by state statute, will be providing written comments prior to the public hearing. The Committee still has at least two more meetings before finalizing its work. Honorable Mayor and Members of the City Council February 2, 1996 Page 2 • The purpose of the public hearing on the capital improvements and resulting impact fees is to allow anyone to speak for or against any aspect of the impact fees. After the public hearing is closed,the City Council will have received advice from(1)the independent financial consultant, engineers, city attorney and staff who have prepared the required studies, (2)the CIAC appointed by the City Council to review the process and to advise; and(3) any member of the public. The City Council is then able to set the actual fees for collection at any level so long as the fees do not exceed the maximum fee levels that are included in the advertisement for the public notices. Lewis McLain, our fmancial consultant, and the city attorney and I, will be available to present an overview of the process, the calendar of events,the contents and significance of the resolution setting the public hearing dates, and the maximum fees suggested for usage in the required notice. City staff and consulting engineer, Eddie Cheatham,will be available to discuss any aspect of the technical reports which form the foundation for the maximum impact fee numbers. We will also explain the significance of the draft resolution for the developer reimbursement policy and how it relates to the impact fees. You will not be asked to take action on the developer reimbursement policy on February 6 but will need to embrace the policy by March 19 or to possibly alter the impact fees to reflect your decision if you wish to establish a different policy. Staff, consultants and attorney are still discussing the specific applications of the policy, but the draft enclosed in your packet should convey the spirit and intent being proposed. This process will have taken the better part of a full year by the time the impact fees are adopted. This includes hundreds of hard hours of time and effort involving staff, consultants and CIAC. • We look forward to the opportunity to answer your questions and to reach a conclusion on this impact fee process. CEH/lc attachments �i— Impact Fee Process 1. Land use and growth assumptions were developed by a professional, independent planner working with City staff. 2. A standard service unit is defined by a professional, independent engineer to be used as the common denominator to apply to land uses and growth assumptions. A single family living unit equivalent (SFLUE) 1" meter is the defined service unit of measurement. - 3. A projection of SFLUEs for a ten-year period is made based on the LUA. 4. A listing of existing capital improvements and a listing of capital improvements expected to be built within the next ten years to serve the projected growth is made by the consulting engineer. 5. A separation of the cost of the project capacities that are to be absorbed within the ten year period (based on the land use and growth assumptions) is made by the consulting engineer using computer modeling tools. 6. The calculation of a maximum impact fee (Step 5 divided by Step 3). 7. The appointment of a Capital Improvement Advisory Committee (CIAC) was made to review the land use assumptions and the capital projects. The CIAC includes representation from the developer, builder or real estate sectors of the City. The CIAC is to provide written comments to the City Council. • 8. The independent consulting and engineering reports are made available to the public for review for at least thirty days prior to a public hearing. 9. The notice of the public hearing and maximum impact fees is to be published in the newspaper in a 1/4 page ad for three consecutive weeks,the first to be at least 30 days prior to the public hearing. This notice states that the reports are available for review. 10. A public hearing is held to receive public comments. 11. After the public hearing is conducted,the Council is equipped to make an informed decision regarding the assessment of a maximum impact fee based on i)the independent consulting reports, ii) the written comments from the Capital Improvements Advisory Committee, iii) and the comments from the public. 12. The Council has the prerogative to set the actual impact fee to be collected at any level so long as the fee is not greater than the calculated maximum impact fee. 13. The impact fee ordinance is to be amended to reflect the revised maximum impact fees,impact fees to be collected,and any other changes necessary to reflect changes in the law or clarification of City policy. ' 14. The assessment of the revised impact fee schedules is automatic upon approval of plats filed with the City. The collection of the fees then follows. -15. The collection of the impact fee is a policy decision of the City Council and can be at any point in time in the development process. 16. Impact fees are spent,with other fund sources, to build or recover cost of projects. in City of Southlake iil . Impact Fee Calendar ;, Revised January 12, 1996 ;t'e January 8, 1996. Staff/Consultant meeting to identify unresolved issues. ii January 12, 1996. Send agenda package to CIAC for 1/18/96 meeting with i) list of issues identified by staff and "called. iii `} in" by CIAC members-and ii) calendar of events. Prior to January 18. Eddie Cheatham to get with CIAC Chair and other developer representative one-on-one to discuss . revised sewer plan, which lowered the cost from the previous presentation they were given (addressing o • their concerns). This is the only CIP item that has il not been fully discussed with the CIAC. . Tii January 18, 1996. Meet with.CIAC to i) identify unresolved issues, ii) ii o CIAC to provide any proofing suggestions for the report, and iii) discuss the remaining calendar of events. igf • January 26, 1996. Send final report to CIAC with CIAC concerns/proofing addressed. January 31, 1996. Discuss unresolved issues and final report. g t February 2, 1996. Deliver final reports to Council in agenda package. i: • iii February 6, 1996. Council to set notices and public hearing dates. f February 16, 1996. Publish first notice of public hearing and have reports available for the public. f - February 23, 1996 Review of amendments to impact fee ordinance. March 12, 1996. Written comments due from CIAC: is March 15, 1996 Send amended impact fee ordinance to Council. if March 19, 1996. Hold public hearing. First reading of impact fee ordinance. • f April 2, 1996 Second reading and adoption of ordinance. f RESOLUTION NO. 96- RESOLUTION OF THE CITY OF SOUTHLAKE SETTING THE DATES FOR PUBLIC HEARINGS RELATED TO WATER, WASTEWATER AND ROADWAY IMPACT FEES WHEREAS,the City of Southlake has initiated a process to update the water and wastewater impact fees and to implement new roadway impact fees for new developments in Southlake; and • WHEREAS, Chapter 395 of The Local Government Code sets forth the process for calculating such water,wastewater and roadway fees, and WHEREAS, the process calls for certain notices to be published and hearings to be held within prescribed time periods, and WHEREAS,the study process for the development of these impact fees has been underway for several months, a Capital Improvements Advisory Committee (CIAC)has been appointed and is in the process of reviewing information prepared by the city staff and consultants in advance of a report to be published and made available to the public. NOW THEREFORE BE IT.RESOLVED that the City Council of the City of Southlake hereby adopts this resolution in order to set forth the key dates for public hearings and notices and• directs the staff to implement these publication notice dates and required content. Section I. Establishment of Date For Public Hearing. The City shall hold a public hearing on March 19, 1996 update,capital improvements plans and impact fees for water and wastewater facilities, and to consider adoption of a capital improvements plan and impact fees for roadway facilities. Section II. Publication Dates. The City shall have published in one or more newspapers of general circulation in each county in which the City lies, The Fort Worth Star Telegram meeting such requirements, the notice of the hearing date in Section I once a week for three consecutive weeks,the first notice to appear before the 30th day but on or after the 60th day before the date set for the hearing,those publication dates being February 16, 1996, February 23, 1996 and March 1, 1996. • Section III. Wording for Public Hearing. • 3.1 Headline.The headline for the notice by publication shall read as follows: "NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES FOR WATER AND WASTEWATER FACILITIES, AND ON ADOPTION OF ROADWAY FACILITIES AND IMPACT FEES FOR ROADWAYS." The headline must be in 18-point or larger type. 3.2 Text of Notice. The text of the notice shall comply with the notice requirements of Chapter 395 of The Local Government Code, shall have the appropriate dollar amounts entered and shall say in substance, "The City of Southlake intends to amend a water and wastewater capital improvements plan, amend the water and wastewater impact fees,consider adoption of a roadway capital improvements plan, and consider the adoption of roadway impact fees at a public hearing on March 19, 1996 at 7:30 p.m. in the City Council Chambers in City Hall, 667 North Carroll, Southlake, Texas 76092. Three maps separately showing the service areas for water,wastewater and roadway impact fees are being published as part of this notice. The maximum amount of the water impact fees to be considered for amendment is $ per service unit. A water service unit is defined as a residential Living Unit Equivalent water meter. The maximum amount of the wastewater impact fees to be considered for • amendment is$ per service unit. A wastewater service unit is defined as a residential Living Unit Equivalent water meter for new customers receiving wastewater service. The maximum amount of the roadway impact fee is different for each service. area identified on the roadway service area map being published. The definition of a service unit for roadway impact fees is the vehicle-mile of demand generated during the afternoon peak hour of travel. A single-family residence generates approximately 2.85 vehicle miles. The maximum roadway impact fee for each service area is a follows: Service Area 1 $508.00 per roadway service unit. Service Area 2 - $795.00 per roadway service unit. y. • Service Area 3 - $760.00 per roadway service unit. Service Area 4 - $551.00 per roadway service unit. Service Area 5 - $643.00 per roadway service unit. Service Area 6 - $618.00 per roadway service unit. Service Area 7 - $722.00 per roadway service unit. 1111) Service Area 8 - $597.00 per roadway service unit. Any member of the public has the right to appear at the hearing and present evidence _40 for or against the capital improvement plans or the proposed fees to be amended or adopted. A copy of the water and wastewater impact fee report and the roadway impact fee report are available at the City Secretary's office." 3.3 Location For Notice. The notice specified in Sections 3.2 and 3.3.may not be in the part of the newspaper in which legal notices and classified ads appear and may not be smaller than one- quarter page of a standard-size or tabloid size newspaper. Section IV. Written Notices Sent By Certified Mail. The City Secretary shall send a notice of the hearing by certified mail to any person who has given written notice by certified or registered mail to the municipal secretary or other designated official of the city requesting notice of the hearing within two years preceding the date of adoption of this resolution setting the public hearing. These notices by certified mail shall be mailed by February 14, 1996. • PASSED AND APPROVED this 6th day of February, 1996. Gary Fickes,Mayor • ATTEST: • Sandra LeGrand, City Secretary City of Southlake,Texas MEMORANDUM February 1, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Commercial Developer Agreement for Village Center, Phase I-East The Commercial Developer Agreement for Village Center Phase I-East, proposed Kroger, is attached. The usual requirements for performance bonds, letter of credit or cash escrow are incorporated in the agreement. There are a few changes within the standard agreement that require Council attention. • On page 3, the Developer requested additional language to insure that the City will not unreasonably withhold or delay the construction plans. This is usual practice for the City not to delay construction plans review, therefore, Public Works staff has no problem with this additional language. Similar language is on pages 6 and 7. • On page 5, the section regarding amenities is struck out because there are none. • On page 8, there is no off-site and/or sewer pro rata nor is there any off-site water. • On page 8, OFF-SITE DRAINAGE: will be required in the amount $7,655.99 ($623.30 per acre X 12.283 acres). The critical drainage structures are located within North Kimball Avenue approximately 800 feet north of S.H. 114 and Shady Lane. • Page 8, PARK FEES: requires a park fee of$6,141.50 (12,283 acres X $500 per acre). • Because Village Center will abut F.M. 1709, there will not be a perimeter street fee. Council needs to be aware that the construction plans for the public improvements of Village Center Phase I-East have not been submitted. The site grading and erosion control plans have been reviewed by the engineering staff and have been approved. According to Ordinance 483-D • Curtis E. Hawk, City Manager Village Center, Phase I-East February 1, 1996 Page 2. no earthwork, grading, utility, street or drainage improvement construction are allowed until a Developer Agreement has been approved by the Council. The Developer would like to begin the site grading and will install the soil erosion measures before the remaining plans review is completed, consequently, the Developer Agreement if approved by the Council would be contingent upon release of the plans by the City Engineer and a preconstruction conference before any public streets, water main, sanitary sewer or drainage structure could be built. Please place this on the February 6, 1996 agenda for Council consideration. BW/sm • Attachments: Commercial Developer Agreement Map S /o &z ® VILLAGE CENTER, PHASE I-EAST COMMERCIAL DEVELOPERS AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the undersigned Developer, hereinafter referred to as the Developer, of Village7Ceiiter;PhaseWI-East to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to Village;CenteriThase-I-East (a commercial development) and to the off-site improvements necessary to support the subdivision. 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 public;-facilitiessubtlivision 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. h i0 L_T • 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 Director of Public Works or his duly appointed representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. F. On all public facilities included in this agreement for which Developer awards a construction contract, the Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction; • b. Administrative Process 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 2 %a ® c. Concrete cylinder test and concrete coring samples. The City can delay connection of buildings to sanitary sewer service lines or water mains constructed under this Agreement until said water mains and sanitary sewer service lines have been completed to the satisfaction of and accepted by the City. G. The Developer 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 fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. H. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. I. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. J. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake. K. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan and Construction Plan*Ab be approved-by -the City (which approval"shalt/not be:unreasonably'Withheld:.or delayed) and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES: A. ON SITE WATER: ® The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Village"Ceiitet to the City of Southlake. Water facilities will 3 /c6-s • be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer and made part of the final plat as approved by the City Council. The developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: • 1. If applicable, the street construction in the"Village:Center, commercial development of the City of Southlake 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 approved y the City Engineer, which: "approval' shall not e unreasonably-Withlield_or delayed.. 2. The Developer will be responsible for: a) Installation and two year operation of street lights; 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 within the City and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Developer's engineer and based upon the Manual on Uniform Traffic Control Devices and as reviewed by the Director of Public Works. 3. All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement. All 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 4 /o6-6 ® section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. • It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of`Tillage Center 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 Engineer,"which approval'shall not be unreasonably withheld or delayed.: 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. E. EROSION CONTROL: It will be the Developer's responsibility to present to the Director of Public Works a soil erosion control plan that will be implemented for this development. The Developer agrees to use soil control measures such as hay bales, silt screening, hydro mulch, etc., to prevent soil erosion. During construction of the development, the Developer agrees to keep the streets free from soil build-up. 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 development at the contractor's expense. All fees,owed to the City will be collected prior to acceptance of the development. All applicable federal, state, and local permits shall be obtained prior to start of construction. F. AMENITIES: ® It understood by and between the City and Developer that the may incorporate a number of unique amenities and aesthetic 5 /D - 7 ® iffiprovernents--suehlts"-Penelt-aesthetie- > > , F. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the development. The Developer agrees to maintain these amenities. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. G. START OF CONSTRUCTION: S drainage facilities can Before the construction of the public water, sewer, streets or begin, the following must take place: 1. Approved payment and performance bonds submitted to the City in the name of the City prior to the commencement of any work. 2. At least five (5) six;(6);:sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by the City to be paid to the City. 4. The Developer, or Contractor shall furnish to the City a policy of general liability insurance. 5. Developer Agreement executed. 6. A pre-construction conference 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 that a $1,000 value to the development. • 6 • 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 this 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 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 connection with herewith. 7 %) � - i' • 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 Developer's expense; provided, however, that if the construction under this ® agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. OFF-SITE AND/OR SEWER PRO RATA: It has bccn thc City's policy to pay thc difference between required facilitics versus upgraded facilitics required by thc City to serve future developments. A. OFF-SITE DRAINAGE: Tlie Developer:understands that the Drainage Ordinance;-Section 606-II;inquires that each develop lient.contribute^ona pro rats'basis;_towards 4111.6 cost of replacing ditiCat drainage structures downstream front the developmentf This de�elopiinerit is within:the basin=serviced b the box:culVdt in.North.:Kimball Avenue:and Sl ady Lane "Ttie Developer agrees""topay$'7 t 55::99';(12,283:acres'X'$623<30"per acre) C. OFF-SITE WATER: S 8 • B. 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 12.283 acres in Village Center which would bring the total cost of Park Fee to $6,141,50. E. PERIMETER STREET FEE: The Developer agrccs to pay the Perimeter Strcct Fee of $50,000/mile, in accordance with Ordinance No. 494. There arc approximately feet of frontage on which would require a Perimeter Strcct Fcc of$ . SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: 411 Address Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 9 /0 B-// • 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 financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. • 7. The City must be able to draft on sight with proof of amount owed. 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:Iwp611devagreelvillagc.wpd • 10 /6 R-/z • - - E. -NORTHWEST H[GHWA 4 .. \ 11111111:4 ALL•. il c :` 1 • _ � 1 // i / -t t O '" W ` row s m Cr' U, a 4 i 1 I J 1 ` + r: I •:, \ \\ \TIIr ., t p . - ''''' \ ) . ti 1 • aie!E. •) \ \ Nik = k \),r, i ; iiitil; .: ,„„„,„„,„„,„ \:: f----K: \ \ : \ 71 ::.-... . .4.i.:: -*: 1 \ 1(\ \ ; .1 \ V t I i \ '. 1 \ �. I) 1k 1 + I i ' ; ilify.:: 7 \ if.VOA3 \ \ r i.4 i'S11:\ ki k a OW \ \ , : . 1 :lc.4.. .7, ,. ilk ,, \ ,7\ \ ''''',''''\ -ii in if.*:- ‘-.\\T. IA 1 1 k x!'" I P. )r p t l ..' I � 4 I � 1 ,x-00%.,-.- A ' \- . ‘ Y . ili oil V: \ • 1,\• f . ekd. 1 ,:'i .. . 1\,. 1,1,... It I- i tAi 4 .4 ‘00 •,, oto , , ...... 1_4.--\ \ -rg:i . v 4 4 V r ' At_a. '. Ni .. ' I\ice • f - gt1-1-‘,...1.,,,,,w,\ --t_:,..\\,-, (c-r---":''. 7. — , '\ (-\ i kil AAk111( .„-4A ly(.*:,-;. ,1 0 w ... \ :..... i / r ,.,! .. City of Southlake,Texas MEMORANDUM February 1, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Developer Agreement for Cambridge Place Addition, Phase 1 and Cambridge Place East Addition The Developer Agreement for Cambridge Place Addition, Phase 1 and Cambridge Place East Addition is attached. There will be a Cambridge Addition, Phase II Developer Agreement to be presented at a future Council meeting. The plans for Cambridge Place Phase II have not been given to the Engineering Division. There are 78 lots within these two additions. The usual language regarding performance bonds, letters of credit or cash escrow is provided in the agreement, however, there are a few changes that will require Council attention. • On page 10, paragraph A. OFF-SITE AND/OR SEWER PRO-RATA: specifies the City's and Developer's responsibility regarding the proposed S-7 sewer line. The Developer will provide sanitary sewer to the Additions from the stub out at Bear Creek to E. Continental Blvd. by securing a contractor and making monthly progress payments. The City will not Nreimburse pro-rata to the Developer. \\ The City will pay for engineering costs to design the S-7 line, survey cost and easement '% acquisition: The line will be oversized. The City will reimburse the Developer the ►, ,r/ difference between any line greater than 8-inches as per the pro-rats ordinance. The �l lk t� oversizing is estimated to be $70,000 and will be paid out over five years. ly The Administrative Processing Fee (2% of the S-7 construction) will be waived because �' the sanitary sewer line will be constructed for the City. The City will provide construction 1, inspections, but there will not be any inspection fees (3% of the S-7 construction).The t( estimated cost (loss of income) to the City is $22,430. The City will waive sanitary impact fees for Cambridge Place Addition Phase I, Cambridge Place Addition East, and Cambridge Place Addition Phase II. Phase I and Addition East have 78 lots, Phase II has 81 lots. Cost (loss of income) to the City will be 159 lots times $1,300 per lot or $206,700. S /0 C - i 00Curtis E. Hawk, City Manager ' Cambridge Addition February 1, 1996 Page 2. A summary of the cost sharing for the construction:of the S-7 Sanitary Sewer line to East Continental is: Estimated total project cost $ 488,600 City participation: • Engineering/Survey(cash FY 1995/96) 40,000 • Oversizing (cash FY 1996/2001) 70,000 • Administrative fee (2%) (lost revenues) 8,972 • Inspection fee (3%) (lost revenues) 13,458 • Impact fees (lost revenues) $ 206.700,, / Total City participation $ 339.13! ' -` Total cost to Developer $ 149.470 • On page 11, OFF-SITE DRAINAGE: requires a payment of $39,465.04 toward the critical drainage structure in East Continental Blvd. approximately 1,800 feet west of S. III Kimball Avenue. • The Developer agrees to pay for Park Fees in the amount of$39,000 (78 lots at $500 per lot). • Paragraph E. PERIMETER STREET ORDINANCE: states that the Developer will pay the perimeter street fee of$20,057.83. Please place this on the February 6, 1996 agenda for Council consideration. .F37) BW/sm Attachments: Developer Agreement Plat Map • wp611 wpdocs I wtheat.mem l agenda l cambridg.wpd f b C - L CAMBRIDGE PLACE ADDITION, PHASE 1 .0 AND CAMBRIDGE PLACE EAST ADDITION DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undcrsigncd Dcvcloper TerraNCanibridge; Ltd:', hereinafter referred to as the "Developer," of the Cambridge:PlacIAddition :P1iase r and"Cambridge Place_East:Addition, to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the "Additions," 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 28;lots contained within the Cambridge Place Additions Phase railddCarnbridge Place'East Addition and to the off-site improvements necessary to support the Additions. 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 Additions 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 eightµof the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs (permanent) with street names are in place,The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within the Additions 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 Additions 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. • /6 -- C -3 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 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 the City approves the design and grade of bar ditches,Developer understands and. agrees to provide maintenance on the bar ditches for a period of two years from ® the date of acceptance of the Additions. Maintenance includes trash and debris cleanup, mowing, and erosion control. E. Until the performance and payment bonds, letters of credit or cash escrow. required in Paragraph C has been furnished as required, no approval of work on or in the Additions shall be given by City and no work shall be initiated on or in said Additions by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by • City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right,title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative,provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. 4111 -2- G. On all public facilities withirithe;Additi—ri 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 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 • -3- /6 d ._J� • grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen(15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. I. Any guarantee of payment instrument(Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas,provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in . Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Additions. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further,the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements,the City will reimburse the • Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Additions. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, reviewed by the City S -4- Joc- J • ® Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. ,/ LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Additions. D. STREETS: 1. The street construction in the Additions 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, which is payable to the City prior to final • acceptance of the Additions; b) .Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. ® -5- to C- 7 • 110 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. E. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Additions. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. F. EROSION CONTROL: During construction of the Additions and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer . • agrees to use soil control measures such as hay bales, silt screening, hydro mulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72)hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours,the City may cause the soil to be removed either by contract or City forces and place the soil within the Additions at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Additions. G. AMENITIES: It is understood by and between the City and Developer that the Additions may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. ® -6- %U - H. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Additions. 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, and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City 1111 in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for • Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. 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 Additions. 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 -7- /0 C - 9 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 Additions, 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 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. S -8- /p C -/o • E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year 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 acknowledgment by the City of completion under Paragraph I.F. • 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is,therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the,job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. ® -9- (0 C..(1 IV. OTHER ISSUES: A. OFF-SITE AND/OR SEWER PRO-RATA: • The S-aiiitaffieWettifirSbi'VeTtheSeTAdditioils-7-aittnithefflii1Warea iS7thepropose4 • S:Tline as referredlo the i'city7.ThiS7,Agteeiiient:Slialf specify:the,tespOESIbilityj OT15-Ot1ftheTCitf iiid:the'DeVeTopetin7b-iiirding-thiS—SeWer line Developer's feStiOnSibilify!: order to provide§-aftitay sewer tp"thd AdilitionS;:the,D7eVeloiier atfeeS-16154-TOtthe'doStOf -§eWefliffe-frotti,the ...„ Stillibiltat Bear Etta':t•TE:Tontinental"BlVd7:TlieDeVelepeil Shallsecurelhe.contraetor aricri)ay.Monthly'progres'S-PaYntents.1 The-DeVeloCefliaTsratifeddlo:WaiVe-theVity7p-rd:rata leitribriffeinetitIciftliiSTconstfuetion. 2 Qify-TreSpoTiSibility: • The-cltyllianiiff.cicalidISTWOirking-With'theirlebtiStiltaliftcTtreSign, • the pröfibsed ime TheIclty—Shalt be,responsible TfOr all cleSigifnlitl • construction surveying^costs along with:aequirmg the necessary ea-SetriefitSTIOTlitii1.4.1heTS27.16-Wifillie,71 . Iiithe-7.6Ventitliat e-difaiii7KeWef,liffeidieTto--beToVefedTtlifecity WillitifiibiitS'ethe:DeveloperfOr the oversize coSfgreaterthailati.8:ihöh hue d's-,:fieftlie'„Citypro--latabidinaridej sewer-linefor,mbre tharilhe,coSt'OT,,thCfifOjeet;'fheitTwiu-riijt'be;;*:iy-Aftiijiatatiyo, PrifideSSitikTree-(2%).i 4; The'city:ShalliirOVidetoiiStriretiOifiliSpeoti(itiWitliiici:ZOStid the DeVelolier for the-S27 e: The City-has agreed-AO waive-the sailifary se-Wet litipaerfee-S-for all „ lots Within:all AdditibriSTiiiellidifig-the:fatureCatitblidge"AdditiOnj . _ . „ . „ Phase-IL -107 C. I-d ® B. OFF-SITE DRAINAGE: The Developer understands that the Drainage Ordinance, Section 6.06-B, requires that each development contribute on a pro-rata basis towards the cost of replacing critical drainage structures downstream from the development. This development is within the basin served by the box culvert in l East Continental"Blvd.' approximately'1T800,:feet west of SKimball;Ave f The Developer agrees to pay $39,465'.047,(44:936;acres_X"S878,25y-per;acre)toward the culvert expense prior to the beginning of construction. C. OFF-SITE WATER: Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further,the Developer agrees to complete this installation in accordance with 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. D. 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 Additions consists of[78 lots for a total required park fee of 1$39;000. - E. PERIMETER STREET ORDINANCE: T1 e-Develop to=pay tI Pernneter Stied Fee.of$4.7 50 per„lihear foot.;; Approximately 422 27 feet of the;developmeni abuts ori.South Kimball;,whicY will require a Perimeter Street Fee:of$20;057:83 F. 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: 11110 • -11- �0C-L3 SAddress Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: • c:lwp6wpdocslldevagreelcambridg..wpd III -12- /0 C-Ik • 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 financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 411 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. • -13- TC -(C I .11 Vol.380-161,ro.61GIES Jnxk SnnOen Petty WI Vol. I6TA1s1 LTD. F.R.T.C.T. Vol.636n. Po:Ill /=\ e. I1914 Po-OW ID-8 11-11 72_B O.R.),C.TT 1}il , yl P.O.BIII I tr UM 1sR .ram, a:ill__ r N09'2{'Ot" '70A.75• . a N09_ 'O ` 0 0 ° wi°° tog In•too a .1p.n. _ I I Donald M.PnSaar eM.II.. Fri, 3' 0 9.. ' 8. I ra11 2130.Po,]07 SCALE 1' - l00' 11r'-.11--1�r.;n~r.3 7{�� .1. )..t1an t'a{a :� AR )I ex awi 4. O.B.i.C.. ��{�:.1 r� i;l . ,.m1 - 2l •- 22 Pd a)ru•rt rR F9a 7 y r7 1(�[�C ' NO, MOWS RL) .IC ).FO0M n.°r0 CHOWS e15R110 co-1 �) S I1j0 •n■.4 IOYaR i n 1 . / )�• lyon�' NI/0 IIIOVOtrul FIMnI�Iqp� Inc. 1`1UJ ^I IJJJ 1 n100' A rf l.t9' 0.�' IM,.lj wrttg:1 )9'[ �� Iy-'a•Y ay .x• I von. Ilan n I./B6 _ 1.f.0' ro"s• 117.I) a. n0 n 9 +. ) i T. 11••,,.. fn� U 'L 111'LJI h P9� t! � 11 a,9R' 1(u wt� �� I1>.a' \` I �� v�u L. 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N.tO' 117-Je'3] ){.N' I).11'' ME, T00,{e'.}'{ IE>'n• $ i f R at'� 1.a'V.L 50)177T7M.ORM liE 1OOV ELEMTI TICIO ON ANT 6 9011 YE g C0 SE IDS) lt, t0.00• Zn'le'al NLM 70.11' ioA si.•A•s I �p-JIp• '_1 CI. 79,9°• 2..Wel 0L.0• 70.0a• 1n.71•.x•f m •I•a•.• A.n• I15.n•-.v_us oe,. _R..03_... anon IIMMATla anions AT M IDE TIE RIr n nun MO cts- 00 e9' 70000'00 4 .00' 70.W w.a'n'xl'f - I -3•or. pO.:t____ �_m.q_-! Y1°C 9ML)mQMff. I°OITIP:l 101109,01 Na 997Z Gl. OQ.oe• 7n 00'a Zb..]' 3.)n' wp-71'A'. N: IO..rI• I T 9.5. I Son MT EM�sL13TA MOM FI.t91 RCM MOUn. n `1A. u•0 L • q1� DC. 1- TIE 000711 o)XL awe Loa soil uII1a o 11o0 T.WCH `! >m.R s• SI - .T't+u 4 rol.8276. .266 a uIDolla eta M u11 Samnaa M.la.Q._ Iq i91i1'LL-f>a'1 11 ID I ie fT 1 ,.r ^n�.,'•-.�•7e�mR a R T P.B,T.C.T. A. IFMI1®ma MOM.1 M DV LS(IF LIaIMP ADR OEM[_ A 010.6I' 11 'br.*a.�,•1 1 \ 0 4' P 0D10'a'11 PER 111IE Ea POE Cm 0.A.1.1.1.. 1s 1 II0Q2 y'a a .;- 4 >a.,yp{ta'P RA- ICIRtM TEEM .2 mama.. .1pe.w' I•+ sa 0'Oa. $ 9 rp 6outnlxkr Joint Team,. mNg -.Yi'�nTs rTi F pq . @r Val.WIZ Po•0708 y-ff'� :min SI 0 0 v��an o.R.r.c.. m.m'- p- 9.0.• o 5• 7u.'Lx.7! n y. d • ;�.. • a Ira1 If e0.o9 5- +..a , neo. a• i ;�• A ro7 60t11 .51a S g+ 1 Qg1�.8>�7m•; 3 2 W 9ea'Ix'a•1 114.. p B.R.t.t.T. I •.n twailn 9 : an.rn I 11 n I. m�• Irr a - 7_ r 3 ALCM I s•7-1`: a11fro M rs Nsa ROO 22'13-4 98.79' y •7+' es.a .a.>rt ..t 11t aR1■R1lr� - tWI•• a..a• IDi IR 6ID11 wl.1149fy1OiI P489-37'47'E 33 9; IT_ 13 A 1.' 8: 1 L89®LUT OA.i.LI; _,�56,00' n•.{a &tie-1. 6 Mo smart 616I16D MRL RI.I N00'38'33'4 31.0D• srw In•• in a,tl rylo.o.-' -r )• - Loiin R a°mart -:5 C jq la roro: / ra0'P.mom um 1R921'07-E 250.51• _fw.°.� «iy,Il I. z+•1.•.r 9 I�p 7 �� kM�1�•'1.�:E - .o- wa..a1 �OC712. az • r. - 1 R - ._�'n'° V°.•a•� tA130•' '� PLAMiIN6 Ali ZOIIIN6 CONISSIOtt • Q 140038,53YY 50.00' j a s u �'"� �.' ':r.�1� 4 rtr t�n; i ._I gea3L C S 10 8 3 ..m y'n 3 •4.... o-w' 1-.. Data AIIp'areC �' _ . Fiad RF;aN>° $ a �>; ,;'a14aR II!n^ llllt) • J Ica 033 from 1 I _- s eon •.. rrl !4 33.34 ) LIo.9o• 9.R• tm.oe i n 6 ac �c))1 Secreta7 Cr -- m LI>•11 1. r tlr Ix,a ' 9' >'s...). • 305.91.OY -- o •., •a• 1LR.� t• •e' e� a°7.7o• ..1.• n..m• n-=.m• t Imo•:° rola.lan; FINAL PLAT 4•a0,• L a .1 31an a n4 I).E. 1 '�, LOT 79L L 1 OF i a 1 Ore• . p•n.a• ._= em i n r s�i n Rtansa n g....a n dance•47 R llcL. la rt - t.r �'r•m"� gEB/f.E MEM) P WRC RL i CAMBRIDGE PLACE PHASE l (2=mT((�sEe Fatttd3 "' pem•oa 1 "a• I- i:l ¶-CT' ur.W 1 dD.A.Sl1ta fslo rel 91t. f '�' aa.a• ■OL7[7 I nb -IL7.t>' 7' 1 Blom Gel Faster maims C 3 F .1 . .r..L _ _ _r 11 1w-ie•f1� a __ I ISO I r Ld I P.II.T.c.T. BEING Vol.4080.ppaa 30 c aa�anlan -uLt. 8 n..r•- -n..ae•- aa..w -n..0e- 111.>0• -°•"� 5 ' 00.00 42.028 Acres • I R w• r rr 1s G r.•t LsM IN THE aao,faL_ -4 .lt'__M.70•+� I atoms -R •. w E to '} 6 "- o�ir7'r 'm...,.• l�Rtl JOHN FREEMAN SURVEY ABSTRACT NO. 529 • ` .1 Ia1.01• am R- ■R Ea9E.rt ... Hirt . •n - \ I: . �~ 589 26'19"s 3f> 718 ..fir >'.1n Q_ - a,oL - - ti.in\I I. SITUATED IN S 7° a I « !.§43...S R1.o.• Ifa..e0• Il..0O• 'R..m' n..S' Ilse• u.a'7 VA THE CITY OF SOUTHLAKE • $ e _ IE°:rta PE.._ I TARRANT COUNTY, TEXAS / � F f o-30•73- s eon vie nn.00' " 66 LOTS'',/ fit/ 0.. mom. 10.9e• Immo' Pa at3r3A. 1NIf.w•- a11.3, 13011• "I gfgA,EE O�SiI�RYiL M.I a'''; -V e.c Ya1..lt•n S}, ��$ Cab.A 511a 1930 7 x _ ._ - 0,R.7.0!i.' ••a- 8 F.A.T.c.T, NOY.. 1995 am I...m•tl1 bet L ad S...•ta.•me amyl.R.rnu1.W tot Somme et II.*R... 4 • (529,,e,..4) Irv. i°t 7 L®any Oren w n•$ 23 8 a $ 21 $ m 19 1s am a r CASE N0. ZA95- ,t2 '. ) ani.Ill. ,1 r rErtrtor1 tl•Ivw p.11M amps emoioIW osperw41s 1aoLY, r(`'a11taof l,`imeosnr,^.aM artr n>�1!RC,^•:EWtY rtr,,^.ae®1aRg♦: i `. taa mR.ah r.pr...n a.t wa+n.a.or..'amp.Y emotion.n.wrnn ��r; .._ $- $ $- - - - , .Oran.Inn u.n.lta.•Il...a wl.u...a Orr a.n.1 T.w.+co sM+M 56930.33"M tox1 I OWNER/DEVELOPER; • 227.E �zanrnw t Qael.i F.141sOn .Hi `_ul.es- 1.w�__1n,00��_ll1.p>_ •.ln.e0�_-In. TERRA LAND Orel wife. - .L_an 58428'22'N 87A.56' ....Hato.. - xuTr__ -taro A.Nelson 1106'-26.31'11 M.06' to rb17i.Ir..°� I ..et Fol.77e7,14.f4 = oca eats-RAW.-ROOM. T • __,w _ _ DEVELOPMENT CO. ce.e.n 1'�'.:�iS.�1l"'a'Sv'7lrie o.R.T.t.. sa3�3 z9 w So.00' TRACT t 67tiLF---as 920 S. PEYTONVILLE AVENUE Mt t roleG4711x a .0766 T'' 7011`r`q7}� ' ... a 11_8� SOUTHLAKE. TEXAS 76092 an■I '°°tl Vol.0013 fPT.tF [nc. 817 620-5373 i (PaslnOer Trectl • ^.§�� .8313.Po.f963 euue Farrar. rnatee $o D.R.tc.r. PAGE 1 OF 2 . • Yd.5370,i4.281 'a Qky Y O.R.i.t.. 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MAI K Mil r SC COOT Laa 11N,IYI ASS TMCity of 6.716 ACRES PI II roux{I71 nq Mt I.I.T.[.T.. nit 10 to traits trot L Ail I.Anna a Wolin'Mrw1e11rs know al w Mt all sawn IN THE .r inn.Mr..1.t1"Vs M.."t1l.lal.ton soul onUr nrM nr..T.ladtoot rot t••••,<w..tilt",..""la of n."rw roll Is Asir AAA n a.a.rl"I trt �� JOHN A.FREEMAN SURVEY,ABSTRACT No.b29 ... slot t.r.'tus nR..ntl of r..s roe M.A IA Ms TAM s Al uOA•AIs w N sii .trr...IN a.IIn11M 41.r 1rl.11.n.r w Kw N ttr N a AA II I.Ulraa. 1 _ .r.I 1.Irl. �• � OWNER: DEVELOPER: ' THE cal,OFSOUIHLAKE, ro11nrM Rtl.n,..1 L.t1 a,...r..a1, TERRA LAND TART ANT COUNTY,TEXAS t..,a t Ant.n.In. _ DAVD L MCO E,MD.PAL Pwrial Rln 11 LOTS T:i t, t a,lt.1a S iLL_'I_; 7503 TILLMAN HILL ROAD GOODWIN! • no aSi Rm 1�l��ll�ll•II�,I�a COLLEYVILLE, TEXAS 7603, DEVELOPMENT CO. 1btARSHAIDI .a1 own NOYENBER, 1995 eRACP:CRATK7H 920 S. PEYTONVILLE AVENUE CIVIL 6611*0R9-IUYET6-0I1t9Tats 1300 SHADY OAKS LANE SOUTHLAKE, TEXAS 76092 Sal sal non A'�y,cm'm"• CASE NO. ZA95-102 • \ FT. WORTH, TEXAS 76107 817 620-5373 THIS PLOT FILED IN CIE._.SLIDE_.DATED ,1996 • • • -4 ?)6A1Ai 12. 2A 2A3 - - 2A2A I ,-{t x1 2AIA 2A10 38t. 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SUITE 200 TRACT MAP 6--0696 - io G_i r' of (ID ., - 1 �`!. g 6" � •.6.' •^i.. \ . 0.60% . i • : 1 A:1:77r— " . t: ,......." ‘6"cD • 60 /0 ,. ..: .- * :" .6 0.40' o'-- 70441111,fat. b.f.? .........7-° " • • 1 • • m .,60% `-• ICI 1 Y"d)0.55°/ I r13. . - �. W m •.50/0-� Arc \' k .• .,. lir.. ., ..., 41 ci \ • . .. . bg a. � • - : N i ;ti. ,I. ,. 24O.26% -„ rn s • li5 Vp 45. . .i 1, . C •I , 1 Siii010 0 if" f. ... . . 4 .v., io, .. .... ...._ _ _____... , . CD %icy c ..cD • 6$0 4. 14/4. I: - t,:r t : 4, •• •a) :. --.1 - A' .., . " - - ..1 •. , . ‘. .:1014: i 0•24. 1 .:,......,AL *6' _i 1•1w:a-� 'a) we •r tt J•f • t'- 1 s 4. 1 r ,..,, . , fo. ,e4 b. 40a). it- 1 - / '� 21°/R of. - .. 4A• • °/ --- :.. -.• 1 - _lil) �_ - I•h..•'arcs S S 4. 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Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Developer Agreement for Versailles Addition, Phase I The developer agreement for Versailles Addition, Phase I is attached. There are 54 lots contained within Phase I of this addition. The usual language regarding performance bonds, letters of credit or cash escrow is provided in the agreement, however, there are a few changes that will require Council attention: • Page 9, paragraph A. OFF-SITE AND/OR SEWER PRO-RATA: provides for the City to reimburse the Developer for oversizing construction costs of an off-site sewer. • Page 9, paragraph B.OFF-SITE DRAINAGE: states that there now exits a box culvert and • a corrugated metal pipe in East Continental near South,Carroll. The Developer, in lieu of contributing towards the cost of replacing these structures, will replace with a new culvert in accordance with plans and specifications prepared by the Developer's engineer. The Developer will bear all costs for construction, materials, and engineering, and in return is asking for the future critical drainage fees from upstream developments be forwarded as per the Drainage Ordinance. • Page 10, paragraph D. PARK FEES: states that the Developer will dedicate 5.0 acres of park land to the City. An attached memo from Kim McAdams along with Park Board minutes recommends the acceptance of this 5 acre tract of land. Council needs to note the park is not yet dedicated as the final plat has not been filed. Attached are the final plat review summary and final plat. • Page 10 and 11, paragraph E. PERIMETER STREET ORDINANCE: addresses the April 18, 1995 "Special" Developer Agreement. This Special Agreement documented the right- of-way dedication needed to connect the existing Carroll Avenue and existing Carlisle Lane to the new Carroll Avenue alignment. Further language is added in the Developer Agreement to complete or add to any incomplete items in the Special Agreement. The Developer agreed to provide the needed right-of-way to complete the new alignment of South Carroll and also agreed to construct asphalt connections from the new South • Carroll to the existing South Carroll and Carlisle Lane. The Developer will in Phase I /0 O -/ , Curtis E. Hawk, City Manager • Versailles Developer Agreement January 31, 1996 Page 2. build a maximum of one-half of the new South Carroll Avenue. From the north property line of the development to approximately 1,300 feet south, this would include the curve on the new South Carroll Avenue and the tie back to existing South Carroll Avenue. The Developer will in Phase II complete the construction of a maximum of two lanes of the new South Carroll Avenue. In consideration for these requirements, the City will waive all perimeter street fees and/or roadway impact fees chargeable to all phases of Versailles Addition. The Developer requests the option to construct the ultimate section of South Carroll Avenue along the frontage of the La Paloma Addition. In consideration for construction the full ultimate section of South Carroll Avenue along the La Paloma frontage, the Developer requests that the City reimburse the Developer up to the amount of the perimeter street fee ($21,737.43) collected from La Paloma Addition. Please place this on the February 6, 1996 agenda for Council consideration. III BW/sm Attachments: Developer Agreement and Special Developer Agreement Memo from Kim McAdams, Director of Parks and Recreation Plat Map Map showing location /0 /)-)- ® VERSAILLES ADDITION, PHASE I 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 Vef ailles;}Addition,=Phase I to the City of Southlake, Arrant County, Texas,hereinafter referred to as the "Addition," for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the Sp4 lots contained within the Versailles Addition, ?Ms-el and to the off-site improvements necessary to support the Addition, is iless pecifically;state otlierwise:' 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 five of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs (permanent) with street names are in place. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure 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 Sandaccepted 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 /p D =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 the City approves the design and grade of bar ditches,Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup,mowing, and erosion control. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the ® Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 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 S -2- �� L-( • 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. Tech nicians 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 r -3- /0D -s ® Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the fmal plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further,the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements,the City will reimburse the Developer for the oversize cost greater than S the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers,reviewed by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. • -4- 111 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,which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type,size,color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works.It is understood that Developer may put in signage having unique architectural features,however,should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. .All water, • sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. E. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to -5- 70c -7 • complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. F. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, 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. G. AMENITIES: It is understood by and between the City and Developer that the Addition may • incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes,unique landscaping,walls,and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture,pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any 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. 4110 -6- to D - ? START OF CONSTRUCTION: • Before the construction of the streets, and the 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. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance,naming the City as co-insured,prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. 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. -7- /0 o -5' • B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection,the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof,to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract,the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year 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 t -8- / () 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 acknowledgment by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or Sb. the service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. OFF-SITE AND/OR SEWER PRO-RATA: Developer will`'bey eonstriicting'ari ff-site Wsewef: -City wwill paymfor any"ovetsizirig. "requited bylli Cityrdapet the Sanitary Sewer Ordinance No 493 B. OFF-SITE DRAINAGE: The Developer understands that the Drainage Ordinance, Section 6.06-B, requires that each development contribute on a pro-rata basis towards the cost of replacing critical drainage structures downstream from the development. This development is within the basin served by a box culvert and corrugatedt"metal:;pipe in East Contirientalnear S „Carroll. The Developer agrees to pay their share of the culvert cxpensc prior to the beginning of construction. liffieu.of contributing:towaW the coat':We-Pacing tl*box culvert and corruigated metal":pipe; the Developer rees:to;replace the,structures with a new.eul"vent iii 1111 -9- /0 £1=/I aceordanee:;with plans arid^speeifications to be preparaby the.Developer`s Engineer and°reviewed,by-the-City.-Kftlier-,7theDeVel-Opet agrees tot complete the structure as part-of the:Addition'improvements"and"Shall be=responsible for all construction costs;materials andengineering! The City;;agrees"to forward"to'the_Devel" per;the:appropriatexontributionsinade;by otherrDevelopefs upstream"of the above mentioned structure,m accordance^With'the Drainage Ordinance;Section 6,06:B, at"the time when saidseontributions are made C. OFF-SITE WATER: Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in accordance with 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. D. PARK FEES: The Developer;agfees_to µdedicate;5.0:acres"of latidl iKity asshown on the"approved finalplat;for the77:6449-acre Versailles"Adddition:This dedication will hegin lieu of 111 park;fees for all-phases ofthe=Versailles"resideritia1PUD"deve1opmeriti The Dcvcloper agrees to pay park fccs in conformance with Ordinance No. 483 (Subdivision Ord.), Article VII,Park and Recreation Dedication Requirements. The Addition consists of lots for a total required park fcc of$ However, in consideration of the amenities to be installed in this Addition (Phase ), the Developer has requested a 50% credit toward the required park fccs for a resulting fcc of$ . The Park Board considered the Addition's request for credit at their meeting and recommend to City Council that the credit be given(or denied). The Council,hereby, grants a %credit for a resulting required park fcc of$ for this phase and is payable to the City prior to the beginning of construction. E. PERIMETER STREET ORDINANCE: Apr 11^8-of f1:995 the,Developer-requested eSpecial"Developer AgreeineficWluch was-approved"by Ci"ty'Couneil Tiusi Special Agreeme it j,s attached<-and)will";become part-:of.this;Agreement.?The;::fo11'owing"eompletes oradas'to"some of the:issues mentioned„in_the aSpeciahDeveloperMAgfeenlent: • -10- l 0 0-rti • ArticleTl of the Speeiar Developer;Agreement"remains asMstated; Iril lieti of Article"2;the D,eyeloper requests Ntila iin conjunctionwitlf the development of La Paloma,Addition, South Carroll Avenue along:theA frontage;of La Paloma-be construeted'to the ultiiinate roadway section Ifi consideration-_for.-:Develooper toE construct the-fulliiltiriiatoi.pavement:"section of South Carroll Avenue along the La Palon frontage;City,Couitcil1ierebyragrees to`reimburse tlie�Developer the amount Of the perimeter street:fee_;($21,737:43Y,collected from therdevelopet,of a;Palama The.Developer"will also.ab"uild South:CarroltA-Venue,fro a therdevelopmeh-fS north property line to approximately I,300 feet south as a two lane pavementp section Further the Developer.agreeSAOconstrtie asphalt street:conneet ons Hi mnew-South Carroll Avenue to the existing South^Carroll Avenue and Carlisle,ALane ""The Developer agrees:to removeportions of existiiig;SCarrolFAvenue and"Car"lisle Lane tl at will be"of no public use or benefit as`a result of the realignment"of'Saudi Carroll Avenueand"Carliseu:Lane " The:•:Developer agrees-te:provide:?or greplaee egiia l'to; ,mow -..._____..__....__..:_..__.... �..W ._..._m.._. ._._._.__.. existing driveway.,access to"t e_new Souk" arro ^Avenue fof a jaeent property ownersthaf svillbe impactedby the realigned"SouthCarr611_Ave:; TheWDeveloper agrees-to completeythe Wabove deseriliediipproveinents in accordance with-plans and specifications to be prepared by the Developer's engifeeriand • reviewed by the City. The Developer shall be res 5Ofi iblefor all construction costs;' material:aril-engineering: Article-3 of tlie'S""jecial'"Develo`er Ay cement rema"ins=the same:; _ _ _ Li F. 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: Versailles, LTD. By: John Dickerson Title: President • -11- /o t-!3 • Address: 8333 Douglas Avenue, Suite 1300 Dallas, Texas 75225 Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand,City Secretary Date: c:lwpdocldevagreel versaille • -12- /o -(51 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 financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. • 7. The City must be able to draft on sight with proof of amount owed. 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. ® -13- /o-- --,s OF 'RECORD SPECIAL DEVELOPER AGREEMENT IIIVERSAILLES ADDITION STATE OF TEXAS § COUNTY OF TARRANT § This Agreement is entered into by and between the City of Southlake, Texas, hereinafter referred to as the "City", and Versailles, Ltd., hereinafter referred to as the "Developer" acting as agent on behalf of Kersho Kochweop Partnership, the owner of the below described property. WHEREAS, the Developer has applied for "R-PUD" Residential Planned Unit Development Zoning on an approximately 78.046 acre tract of land situated in the J.W. Hale Survey, Abstract No. 803, Tracts lA and 1A3, hereinafter referred to as the Versailles Addition; and WHEREAS, in conjunction with the zoning request, the Developer has prepared a residential planned unit development site plan designating the right-of-way alignment and width for the new Carroll Avenue alignment through the Versailles Addition; and SWHEREAS, the City and the Developer desire to document their agreement with regard to certain issues related to the Developer's responsibility for dedication and construction of Carroll Avenue within and adjacent to the Versailles Addition. NOW, THEREFORE, the parties hereto agree as follows: 1. The Developer agrees to dedicate the right-of-way for the new Carroll Avenue alignment and the necessary right-of-way needed to connect existing Carroll Avenue and existing Carlisle Lane to the new Carroll Avenue alignment in the alignment and width shown on the approved residential planned unit development site plan attached as Exhibit _ "B" to Ordinance No. 480-143. The dedication shall be accomplished by inclusion in the final plat of Phase I of the Versailles Addition or via separate dedication instrument filed prior to or contemporaneously with the final plat of Phase I. 2. The parties hereto agree that prior to beginning construction of Phase I, funds or security shall be set aside in an amount equal to the perimeter street fee or roadway impact fee due for Phase I. The developer agreement for Phase I will address the timing of the release of this security concurrent with the construction of the required one-half of new Carroll Avenue. f:\files\muni\slake\versaill\develop2.rl :" ,°'". . 3. Concurrently with the construction of Phase II, the Developer shall be required to construct a maximum of one half of the ultimate street section for the new Carroll Avenue • alignment from existing Carroll Avenue to Continental Avenue. The Developer shall also be required to construct the street intersections connecting new Carroll Avenue to the existing Carroll Avenue, south and to existing Carlisle Lane, north. The City agrees to waive all perimeter street fees and/or roadway impact fees chargeable to the Versailles Addition with the understanding that these fees are being applied to the construction costs for new Carroll Avenue. 4. The parties hereto agree that this Special Developer Agreement shall be valid until April 18, 1996. Submittal of a final plat or separate dedication instrument meeting the requirements of this agreement by that date will extend the validity of this agreement for an additional six months. 5. It is recognized and agreed by both parties that a final developer agreement must be negotiated at the time of final platting and prior to beginning of construction for Phase I or Phase II of the Versailles Addition in order to address the specific construction requirements and all other issues associated with a developer agreement. The terms of this Special Developer Agreement shall be incorporated into the final developer agreement. 6. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, ®Texas. SIGNED and effective on this / day of , 1995. DEVELOPER: VERSAILLES, LTD. CITY OF SOUTHLAKE, TEXAS D.A Pre- •..,s, T...e.. --Gel.,e.r..1 r'k,.-�,c... BY: _IL- i I)1 c-/ , -) presI-na `y: 'Gary ckes TITLE: TITLE: Mayor f:\Giles\muni\slake\vecsaill\develop2.rl • • f0 p -,7 City of Southlake,Texas • MEMORANDUM January 25, 1996 TO: Bob Whitehead, Director of Public Works . FROM: Kim McAdams, Director of Parks and Recreation SUBJECT: Park Dedication Credits - Versailles Residential Development The Parks and Recreation Board reviewed the Versailles PUD Residential Development, on May 8, 1995. The Board recommended that the City accept the land in lieu of park fees for all phases of the Versailles Residential PUD Development. The Board motion included accepting a five acre site consisting of the eastern most acres of the Versailles Development and grant 100% credit to the park fee. See the minutes attached. Call me if you have any questions at 481-5581 ext 757. 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', T a t , I '` ROCS. nnr `� .'I roar V. .rr.0 IV..w1,61 .,u T ro . :P I• mow» i •.',, t .. f��\.\r oar �'B...`a�`r:x. .�«: •.`..o,•..... a•.•.,...v s m„ , I . I i s I Qr �+. '> • . I�. I r •:x^ r,:.4P r�«"_"•.°a.VOX. SS I 1 •oa Y • M .•N {t �.. 1tTow If +AMACUS04•: _J. Y I .In,.L c.ur.,...m .e _ 44 PHASE II .. - �• :•Irbr J °' m, aa• y al.a / 0'-,.. a!- .1G }, � . e .a a: a� _ —— „` I �,. L J v I I�I� / t' YE. mn ol'•1� • Iw.r �I i-5 �.- !.r R e :7 a I F n v IRMIrd • • welt // '�` ',a�tr:•a.:r.•'•`; �.`I, 1.`� ' y' mrY /� mYY r•..�x .,�r•'' OSP••OC Ya SW -• '�r..r , I .,. I / fir. i 7. �•ei •—•Our— 1cs -,,.. Sa 16 s6 n czLa ^� • I I / t'i `• ^• ; v. -Sa'23.551 454.26' is. K 01Y6'410'E I ` a if32 „a„ : VERSAILLES `., ! I ;BS.•,e. _-// r V\ I Li fY �•TAW: 101145 _ , .x R m LOTS n m«.o.•u.w•i1 nw.,c rwu1IL • f N ,�Y R ,,,nv y�� ,"r :C• TAW �{' aN D M• A/' 1 . ra.=. n ,. 7_' 3 i, r i . • :'.W.HALE SURVEY.ABSTRACT N0.803 :.n Y ' aNM va.rft�� •I.,anlr .6.v • I r . N sK ,..-L tor,•, _ . �� ... LArI c • •"'•1+ '��i•'Yo.., CITY Or SOUT,ILAXE./ARRANT COUNTY.TEXAS F C•7ifw� 1 Soo a 56■ •IITLTT' :MOCK : I.�n n IILOCI. N • 2 LIMO a I rA' , a tlY LC MITT CASCACM '• / • R I CC MANAGE CASCLCNT ~'{`�� SOIL O00 r I .- a MOM LAC as' e'•1 ` ' • • i@@; d Vim/Nu[r AC[Lou71DN��'N L4.Q•i. /LIK,Mr-f4DJ1Ala• A:ocr f • •! N .s aDN KO FOLIC HS HalROD CAPPED'CARTCR I BWSS'SET1 .• CV: Carte r,6urgessI • .• ---- SUM/LHC L� ^ MS RAT FLCD H CI81KT .SLCC N0. .DST( AUGUST MI5 ,CS 9 STATE Cr TEXAS No&TIEREFORE.CROW ALL YEN BY THESE PRESENTS' TIE COUNTY OKF(T:. pSNp Alp HE YR�YRTTIPS ADM TTIIC IIENG BRT MO TIROIX711 ENABOVE DE 0 AL PROPERTY TACERSIONEDASAS�VERSSAALLE AN AMITINOES OITIUTHORIZ TIESOLE DIRER OF ATTRACTiOF AM SRU1 ED II TIE TO WE CrtY OF SOU ANT COURY,YD I DO HEREBY pEOCAiE TO TIE PUBLK`S USE THE STREETSADOrt , E S3,, ( III A !E Itd EASE4EM5 SKI • CENTIN TRIO COMIETFDT70 ULRVM MIKERCiIO 8 T COROEO N V�9Ll�E T . 32s.PAGE 46.0r TIE DEED RECCMS Cr TARRANT COINTT TEXAS,ARO BEND 1101E eiNE55 HIT NANO A7 AXE.TARRAMT COUNTY.TEXAS TIPS THE ,DATA OF 0995. PARTKA,ARLY DESCRBED AS FOLLOVSI WANING AT A 3/4 RON R00 FOUND AT TIE NORTHEAST CORER OF THAT CERTAIN TRACT Cr LAND CONVEYED TO JOE L.I1%NT AS DESCItBEO II DEED RECOSED N PLUMR KOCHHRELP DEED RTHENCECORDS..gTAARRr RANT COUNT.1TEXXAS,LNE SAp 15.055 FEET PASSIO Au3//rf NOOTFOI)C.A TOTAL INSTANCRC.AT OO FEET TO STATE CF TEXAS A Sir RON ROO NTH PLASTIC CAP STAINED TARTER A BURGESS SET N CAR3iOLL COUITT Or TARRA.M ROAO FOR CORNER SAD PONT ALSO BENG N THE EAST LIE OF THAT CERTAIN l3 ACRE TRACT Cr LA10 CONVEYED TO THANK*.LAW CORPORATSIL DESERLEO N MICE K.THE UNDERSIGNED AUTWRTT ON TIPS OAT PERSONALLY APPEARED RELAY CDCHIELP, DEED CORDED N VOLUME 0533.PACE 235.DEED RECORDS.TARRANT COINTY. A PARTNER N RERCW KOCHIELP PARTNERSHIP,A TEXAS PARTIERSH&,FUORN TO UE TO BE TIC PERSON RHOSE NAIL 6 SUBSCR10E0 TO THE FOREGOING NSTRUENT.AW AC CN01LEDGED TO IRE THAT HE EXECUTED THENCE N 03'04'05'R.µONO TIE APPROXNATE CENTERLNE OF CARROLL ROAD T SAYE FOR TIE SAW CONSOERATNN THEREIN EXPRESSED.N TIE CAPACITY TIERCN STATED MO ALONSO G THE GEAST LIE OF SAO AA ACREITMARRON LAND C or ORPORATOR TRACT,CC A10 AS TEE AC7 AW DEED OF SAO PAR7IERSHP. RYYAN As DE5041ED NEAST DEEEDLASS RECORDED VVOLIIE THAT CERTAN 7TEB,PA E N4CF ME ED DEED S. RECOR TARRANT CO IATI' TEXAS,A D6TANCE OF 535.64 FEET TO A sir RON ROO CNN{IOER UT Hue me SEAL OF OFFICE TIPS OAT Cr .595. MH PLASTIC CAP STAMPED'CARTER► BURGESS'SET FOR CORNED THENCE DEPARTNG SAC APPROXWTC CEMERLNE A10 EAST LK ALONG A NiON- 7ANOEM CLING TO THE RENT HAVNO A RAOUS OF 365.00 FEET.A DELTA ANOL(OF NOTART PUBLK A DARK b6TAI CE CHORD47 FEET N Si P10i ROO CASEDA 'E CARTER►FEET. COuaSS10N EXPRESS SET FOR CORNER' THENCE N 46.2156•E A MINCE OF 459 FEET TO A SIT PION WOO CAPPED _ 'CARTER► DUOGESS'SET FOR GORIER. `GIRT S.VEORO A REC67EICO PROFESSORµ LAW SU$VETOt FOR TIE STATE OF TEXAS.DO HEREBY COMFY TIE THENCE ALONG A MN-TANGENT CALRRVEpTTO TIE RAFT NAVNG A RAMS OF 635.00 SUOM1'40SN1• PLAATT SHIRR HEREON ACCURATELY REPRESENTSS THE DESCRIBED PROPERTY,AS DETERIRED BY A SURVEY FCA APPED C ER 20 FEET,GESS'AI FOR OpHp I Of M5331EETSAI SITRON Rco I A DELTA ANGLE or TrorAr A LONG OCR°THAT BEARS N 29•45.3r u MERRGES YOKEN Nl1YE oN THE UISEEETR C7 AN)NTS OR AUKS SET.OR OM/AE C CRVEST ENABLE M O RR -TI NTH CAPS AY,KLFOLESS rNOTED CF LAPo CCOONVEYEED TO H.SOKING 0 AS OESSCR TIC OE0 N KED RECORDED THAT II VOUM 754.PAAGE 541. DATED Cr TIE DEED FCCORDS Cr TARRANT CCINTY,TEXAS, AANGO N 00•W'OS•T L ALONG OFSAO RRAACT AW ALNSO�ALONG EASTR !E ALONG (AS S Qpp A� L CART S. EDPROFESSCNµ LAW SURVEYOR OF THOSE ERNS OF LAND RANO EEpCNLAILNUTIIN DEED ROE TAAR{RAM COIJ4TT.TTEXAS. STATE OF TEXAS 10YBER 4534 AS FOLLOWS'MAR 2320,ON 10 RER FAULT LUTE()PARR RSNp VOLI►E IOASL PACE �M7 OµLA3 VOLUTE 96S' PACE OR ION PEAK. CISTAICw621 P.E LCFR70�.Gi ET B O AB/B'RON R D RMTH PLASTC CAP SMANEDAGE'C'CARTER PERSON ALLLY APPEARED WARY yEpDRp MOWN TO ME TO BEARY T IERPERSON II AMWHOSE KALEM TIE S 6ESlU3SC OF �ED FOR TIE DAY ► BURGESS•SET FON TIC WRTNREST COWER Cr ICIER OESCROED TRACT.SAS PURPOSE A10 CONSECRATION TIERCN EXPRESSED. PONT ALSO BEND N TIE SOUTH LK OF LOT 2.BLOCK 6OF THE E.A.STAIN N.,. 71EooPLA0T CORT G To THE COPLAT IMi',TEIwa N VOLUM 36434.PACE! D HA M OF GVEN OER NT ND A SEAL or CFFEE TIPS DAY OF .N55. THENCE N 8955y55 E.LEAVNG TIE EAST LIE OF SAO TRACTS AHD THE SAD APPROXIMATE CENTEER9L�NE OF CARROLL ROA0.ALLONG THE SOUTH LK OF SAD E.A. WTARY PUBLIC N AM FOR TIC STATE OF TEXAS N. 'BARTER I BURCESS•SETT N TITE7WEST LLIIE OF ROO WITH CAPTRCACT STAINED CONVEYED 70 THE BRANAN EMERPRSES IC..TRUSTEE.OESCR E°N DEED CP><aSSSN comae r. 1 RECORDED N UR VOE 6577.PACE 5l,DEED RECORDS.TARRANT COIMY.TEXAS.FR0A }tll MAN A IRON ROD FOLIO REARS N I1•4T•WE,O.SS FEET. UJ THENCE S O'6'S6•V.LEAVNG THE SOUTH LK CF SAO LA.STASH SUBONS10l. ALONG TIE WEST LNE OF SAO BRAMAN ENTERPRISES TRACT.52NFEET TO A I/2' ROH ROD F000 AT THE SOUTHWEST CORNER OF SAS BRAWN EITTE3PRSES TRACT, TRRAC�T.N9S.525FEET TO A S// RO0•E.ALONG AN t�FOIMD AT CF SAO N�ORTHIEST�CCORER OF THAT CERTAIN 2.52 ACAS TRACT OS.LAM CONVEYED TO ouN.ES HART.DESCRBED II DEED RECORDED IT VOLUTE 303.PAGE 364 DEED RECORDS.TARRANT CONTY.TEXAS, THENCE S 0.2355 EE,,LEAVNG TIE SOUTH LRE OF SAD OILMAN ENTERPR6ES. ALONG TIE WEST LIE OF SAO CHARLES HART TRACT.AND ALSO ALONG THE WEST TEEXAS.FA;S;• URE FOLELOOWS,WLLUYL INCR.VOLUKy MOCKED 1,i�ypO6F,LPA E 26 AND HARyEY LRLE Comm J�. CAP STAll ED•YOGI PACE ENGPEE�FO OF AT THE FEET THWEST COVER CC SAO PLASTK HARVEY TALLER TRACTS THENCE S 66.36•45'E.ALONG THE SOUTH LIE OF SAID HARVEY IR.LER TRACT.AT 07.94 FEET.PASSNG A I/?RCN ROD RITE PLASTIC CAP STAMPED'VOGT ENGNEERRIG'FOUL.A TOTAL O6TANCE OF 200J5 FEET TO A 5/r RON R00 NTH PLASTC CAP STAINED TARTER I BURGESSSET N CAIL6LE LANE.SAO PONT ALSO BEING SD SS RECORDED Pi VVOL LIE UM F�4TPAAGE 5561..DDEEO RECORDS.T CF LMO TARRANT COMITYCRWED ( . TEXAS' R LANEN E 4 00.04'56•0.ALONG DE APPRe HATE CENTERERE OF SAD CARLILE TIE VEST LK OF SAC N.BROVN TRACT RL77 FEET TO A B/B'RON ROO 1RTH PLASTC CAP STAINED'CARTER IA BURGESS*SET N THE NORTH LK OF THAT CERTAIN IT.O ACRE TRACT Cr LAND CONVEYED TO THYARION LAM coRRoRavoN,DESONNO II DEED FUMED N VOLUTE 0033,PACE 235.DEED RECORDS.TARRANT COUITY. FINAL PLAT THENCE N 611410YR LEAVIO THE REST LITEp OF SAD N.BROIN TRACT µDIG. NORTHTHE HLLK TH Or TIOOSEEui ACT LAM)TWAIN RECORDED N DEED RECORDS.TAARR TRACT.A.I0 ALSO µANTM 7� AND• THHATECERTAAN OIID�ACT CO1WE E;R gAH3D%PFQ RATE V E R S A I L L E S DESCRBED N RDEED RECORDED N VOLUEE 0 553.PAGE 235.A DISTANCE CC I43.00 77.640 ACRES FEET TO A 5/B'RON ROO KITH PLASTIC CAP STAVED TARTER I BIRGESS'SET AT 1 THE SOUTIEAST CORER OF TIE AFORNTOED PIP NT TRACT. APPROVED BY THE 103 LOTS/2 COMMON AREAS/1 PUBLI EYC TIERCE N 0.OTTNTE.LEAVN G THE 10RTH LK Of SAC 2.55 ACRE TILA LAW PLANNNG AND ZONING COAAIXSSIDN OUT d• THE CORPORATKN TRACT.ALONG TIE EAST LK OF SAD Marl TRACT.AT 24.70 FEET. DATE; '- J.W. HALE SURVEY. ABSTRAC- P ASSNG A 3/4•ROI R00 FOLIO,A TOTAL06TAICE OF 24.03 FEET TO THE PONT OF AND CC TAIOG 77.94E ACRES(3.387.390 SQUARE FEED O<LAIC II TIE YORE OR LESS' CHAIRMAN CITY OF SOUTHLAKE.TARRANT COU CiTY SECRETARY om 5425 C PARTIERW RATN TE 7 703�'wTE SM � J I Non111W1 IS 1 filmy j - J F., x >o>w c p I no.) rN. � r we .aw « o (0. K 1 I. MA W ,� . '" Gpfi9 B gV0 IW. S 1� i • u Y MI Jen f 1 -1:1\______________24 1 , x 41nt 4 . ' 1 1 I 1 WI { I A\ . JO1 A. Fv' E NAB• 3A COI W. RS6` IGHT • ,�... . • 4. li i -__ ca ik 7 '1 �� 1 etla , I r,wri 14e1 .—a4 • a. w i 4 • ,,, i .. • . • l : r1 �1t u,�'1'\'i1'W��ir 1 s] w en t 3c 6 ,i 141 • IC V 16,1 fl [�`,•'�1 a _ ...5;� t . -•�_ ems• .,-' `wn 4w4 1 Ir ,- 1 1 p 1 sct :1 sn s 7V -MI MI SI ill �/ i 1e�p 11 a �,1/� (�j�/ �.�1 1 XI•.,. O 048 aw_pit 7t"-w �i�IL.LLIIN W V17 ` Tfl 1 1 Lit w WO —4441p so 444. F x 1 I \:\ . ,.>• I m "°"I HARRISON DEOKED � f .—� X 1 s1•IKr �-.. 0,411 • 4. , te 1 - 10 51 V: 14 TRACT MAP I 5 E City of Southiake,Texas MEMORANDUM ID February 1, 1996 TO: Curtis Hawk, City Manager • FROM: Bob Whitehead, Director of Public Works SUBJECT: Special Developer Agreement for Napa Valley Addition, Phase II City Council is requested to consider a Special Developer Agreement with Napa Valley Phase II for making improvements to Carlisle Lane. The Developer is desirous of making pavement repairs to Carlisle Lane prior to their development and on a portion of the street not adjacent to their development. The proposed pavement repairs will consist of minor repairs to the street as it exists, by the City, and then the Developer's contractor installing a two inch hot mix asphalt overlay. Developer is agreeing to pay or assess each lot in the Addition the street access fee. Therefore, their share of the reconstruction of the future Carlisle Lane will be funded. SPublic Works staff is in agreement with the request of the Developer. This agreement will repair Carlisle Lane at a reduced cost to the City, compared to the City making all of the repairs sooner than staff had planned. Staff would point out to Council that this agreement is for repairing pavement and is not intended to be equal to a rebuilt standard interim street section. Because, the south one-half of Carlisle Lane will be repaved with the construction of Phase II of Versailles, the Developer agreeing to pay street access fees along with making these repairs, and the unknown and unscheduled reconstruction of the north end of Carlisle lane, staff recommends City Council enter into the Special Developer Agreement. Funding the City's share would come from the Street Division, Maintenance-Street Repair Material Account. 6j-kr BW/11 • Attachments: Special Developer Agreement Map 1110 /o c-/ • January 26, 1996 • 111/1 Bob Whitehead Director Of Public Work$ City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Via Fax Dear Bob, On behalf of Napa Valley Estates II, I am requesting that .a special developer agreement be put on the City Council agenda for February 6, 1996 meeting. The items to be addressed in this special developer agreement are as follows: A. Napa Valley Estates II is requesting a street access fee in lieu of the: perimeter street fee. B. Napa Valley Estates II is requesting that it be allowed to repair Carlisle Road in two phases. Area in Phase I is approximately 550 linear feet. Area in Phase It is approximately 1,050 linear feet(note attached quotas). We are requesting that the City of Southlake and Napa Valley Estates Phase II equally split the repair expense. Phase I with Council approval is scheduled to begin next week. Phase II is scheduled upon completion of the utility work of Napa Valley(upproximately 75 days). SIt is our belief that everyone is a winner in this proposal-area residents, City of Southlake, and Napa Valley Estates II. The City will be able to schedule the pot-hole truck to other areas, have better amass to the proposed park(Carlisle Road @ Continential), and salve taxpayers dollars. Thank you for your consideration, and your support in this matter. Sincere]. , AA) Ar ur H. Cl! ton S r SPECIAL DEVELOPER AGREEMENT S NAPA VALLEY PHASE II ADDITION STATE OF TEXAS § COUNTY OF TARRANT § This agreement is entered into by and between the City of Southlake, Texas, hereinafter referred to as the "City", and Napa Valley Estates II, hereinafter referred to as the "Developer", the owner of the below described property. WHEREAS, the developer has applied for final plat approval on an approximately 8.992 acre tract of land situated in the J.W. Hale Survey, Abstract No. 803, Tract 2A, hereinafter referred to as Napa Valley, Phase II Addition; and WHEREAS, the City and the Developer desire to document their agreement with regard to certain issues related to the Developer's responsibility for dedication and construction of Carlisle Lane adjacent to the Napa Valley Phase II Addition. NOW, THEREFORE, the parties hereto agree as follows: 1. The Developer agrees to the street access fees in lieu of a perimeter street fee. S2. The Developer,will repair Carlisle Lane in two phases. Phase I is from East Continental Blvd. to approximately 550 feet north. Phase II is the remaining Carlisle Lane up to Rainbow Street, a distance of approximately 1,050 feet. Phase I will begin upon the approval of this Special Developer Agreement. Phase II will be completed after the completion of utility work in the street right-of-way. 3. The Developer and the City agree to share equally in the cost of the pavement repair. The Developer's contractor will do Phase I for a cost of$11,450 and Phase II for $14,490. 4. , The Developer and Contractor agree to construct the pavement repair as per the plans and after a preconstruction conference with the City Engineer and Construction Inspector. 5. It is recognized and agreed by both parties that a final developer agreement must be negotiated at the time of final platting and prior to beginning of construction for Phase II of the Napa Valley Addition in order to address the specific requirements and all other issues associated with a developer agreement. The terms of this Special Developer Agreement shall be incorporated into the final developer agreement. 6. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. fp _ C:\WPWIN60\WPDOCS\NAPAPH2.WPD /0 � _,3 SIGNED and effective on this day of , 1996. DEVELOPER: NAPA VALLEY ESTATES II CITY OF SOUTHLAKE, TEXAS BY: BY: Gary Fickes TITLE: BY: Mayor r • C:\WPWIN60\WPDOCS\NAPAPH2.WPD /6E- -. --- c. Ita1 .. ..1 30.6 Ac r 1 i•Leiro .. , • ... GORI3U 11 1 .-J 1...! I73 •-•- 15 Ac S I05.wizo 9 15 Ac" .. -•-•-• 1i 1110 22.11 Ac f A91)11" --- \ I ! j xl -iii : trr -i •. !.. •-----.....,..._r_c : ..0 \ ii .A. ‘ ‘ iiiiiiiiiiiiii / ..... / \ .% ,..." .:-.110114110p • ,..1\ • .4.1ixica , , 1 i•--C.- .• a r , ..• ' 12.09 Ac 401 4 rr-' .' ,..4 • • 111111 \ :: 'pc,* \ .1.1 4..i _ELL 1.11- 4-•-•1-4--Ir-1/-ir-11-- -- 4)0 1 ,.- . .---- ij,:: .,::.....-)., . l'\\..,k-).1-‘ ...110),41 .- • i 1 i i i i i i / • "---r ..--------- 1 I ,\ \x"\\ \ 161:121.1 AN 11 : i..__! 1 4€1 I ( --) : - CI ---1 .••\ \ . • ‘, "J*1-.... Ai" *-tr-Lijr-if.11-+'-±- . j i . \'''''' '-•-• t \ • .•:., ,X\ rNk -j CO pigm i iik.i FREonlialriNI 1 _. . %.•&.'rtA. .-A..... IFI"LTNIZIANNIONIV.C.W.11411) i ii "-....-.--.----j 13.6 Ac --N. •.t...s.. ../ i i ,,, 7\ j i i j i i 47, j i i i R• \A-12' •----1-•- ,\ 20 Ac ,. -.I i__...,1 :,......../ % i .1 i •„...:, e i •_• 4 - • __. 'attemEr• 'IP -.... i i 041,0 -.......... : ..\•; , ! r I • 3., ... 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I i. al- -- RAIN, IA . i , 18 181 1.\ ,2P4 ,2F_.xy 2Fli 1A 18" IR) 1134K I ! .40,V ,•• lc 2 1 6.3 Ac 1 1B1OA 106C1 • 1 211 •!. 02A1 1<t% • 1B4P 1134K2A 1: I 0 Gg I IBC 1B4K1 .101:111910F ; 1B4K2 1B1CC 1B1OC 1B6C2 1 . .1 akor 11104RW Imo.gam 186E NAPA VALLEY ADDITION , PHASE II -— 1 2A2 1 i 185 • gura 1B6H '1' MEI 104L5 .) 184L4 • imi 1B6J ::Litx 1860 mu EliEU mil 186G R.ON SPECIAL DEVELOPER AGREEMENT i 184L2 IBIl ILA MB 1 1B4L6A 1B9A La 1B6B1 r. I 1B4L6 1898 laal 18683 /0 4 5- 2E4 184412 EINIUMI Elm MN 31.61 Ac MHO 1B4L7 189C 10781 ;•...1334 Ac. isIC . • 5.31 Ac sum NumlICEIN Ea IB6A1 1111E1111 Inn NIUE 1B6A I.M.II in.1 PHASE I 1 2E6 1113 ill lE 2C1 211 2E7A 111 Ai RRMON DE@KIER 2C \ 2E7 SURVEY A-438. 2E • k P / 2J1 2K-7. 2fr 20 HA.SE I 2 IK1 : 30 Ac 2 • 'A • City of Southlake,Texas • MEMORANDUM January 30, 1996 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Citizen Participation . —Municipal Complex Project Attached please fmd a copy of the memorandum dated December 28, 1995, regarding one approach to promote further citizen participation in city projects. The December memo outlines strategies for actively involving citizens in the process of planning for a future municipal facility, and includes a project planning sheet which identifies key dates for moving this project forward as quickly as possible. Please note that I have discussed this strategy with the SPIN Standing Committee, and they seemed comfortable moving in this direction. However, I believe it is important to get the Council's guidance on this issue before we take any further steps. At the conclusion of the City Council's discussion of the item, we should know: • • ► If this is the direction in which they wish to proceed, ► How they wish to "appoint" citizens to the various subcommittees, ► When they believe the subcommittees should complete their work, and ► On which subcommittees they wish to serve. Please place this item on the agenda for discussion at the February 6, 1996 City Council meeting. I will be happy to answer any questions you may have about this issue. SK 0 .1110 //X-/ recommendations of each CSC subcommittee and make final recommendations to the City Council. Product: Final recommendations of CSC to City Council. • You will note that Strategy1One entails preliminary work. This work could be conducted using a variety of resources, including conducting necessary field trips, focus groups with citizens, existing literature, etc. Each of these subcommittees would have staff liaisons appointed to work with them. Staff liaisons will be responsible for conducting research,coordinating field trips,documenting activity of the subcommittee and providing other support as necessary. Similarly, each subcommittee should have a Council liaison. The Council liaisons will be responsible for representing the interests of the City Council to the subcommittee. Liaisons will also report progress to the City Council as needed. Phase Two: Appoint "Citizens for Southlake" group to manage bond election campaign. This group will be responsible for managing the entire bond election campaign,under the direction of the City Council. They will coordinate Town Hall meetings,neighborhood meetings,and employee meetings. They will manage the production of brochures and bulletins,news releases, electronic bulletin board announcements,and video productions to publicize the issues. They may also set up a Political Action Committee to raise funds to provide the following election services: a phone bank,signage,brochures,postage, one-on-one solicitation,advertising for early voting, and soliciting endorsements from key civic groups and organizations such as the Chamber of Commerce and others. The attached chart graphically illustrates the process I have recommended. Successful bond •elections absolutely require meaningful participation by the citizenry in the planning stages. This approach provides opportunities for Southlake residents to get involved in the development of a future municipal complex,and to have their preferences,concerns and recommendations presented formally to the City Council for consideration. Obviously, I would be a proponent of getting SPIN Standing Committee members involved in the process, including service as subcommittee chairs and/or participants.However,I believe that Opportunities should be made available to any citizen wishing to be involved,despite his or her - involvement in SPIN. Thus,I would recommend that we put out an"open call" for anyone to apply to participate. Interested parties could submit applications as we require for other boards,or we could develop a simple interest card that could be filled out and returned easily. - These suggestions are provided as a place to start the process,and were developed with Rex Potter, :- SPIN Standing Committee Chair. FYI,I have ordered two publications that may be of some help to the City Council as they consider the appropriate method for pursuing development of this site. _ These include "Sailing Through a Bond Referendum Successfully," Association of Mayors, Councilmembers and Commissioners 26th Annual Institute,and"Everything You Wanted to Know About a Tax-Exempt Bond Issue," A. G.Edwards,The Innovation Group,March 31, 1995. Please let me know if I can provide any additional assistance. 41)1(tm • • • MUNICIPAL COMPLEX PLANNING Citizen Participation Strategies CITY COUNCIL CITIZEN STUDY COMMITTEE Project Steering Subcommittee CSC: City Hall Facility CSC: Joint Use CSC:Bond Election CSC: Finance Planning Subcommittee Planning Subcommittee Planning Subcommittee Subcommittee Staff Liaison(s) Staff Liaison(s) Staff Liaison(s) Staff Liaison(s) Council Liaisons) Council Liaison(s) Council Liaison(s) Council Liaison(s) 4110 0 • , BOND ELECTION CAMPAIGN , Citizen Participation Strategies CITY COUNCIL CITIZENS FOR SOUTHLAKE NBond Program Planning Committee Public Education Subcommittee Public Information Subcommittee Fundraising Subcommittee (Town Hall Meetings, etc.) (Brochures,flyers, signage, etc.) (Election Services, Endorsements) / Council Liaison(s) Council Liaison(s) Council Liaison(s) Staff Liaison(s) I Staff Liaison(s) Staff Liaison(s) .a} . . . PROJECT PLANNER ceic9 /'TTTTTT TTTT TTTTT 4•T TT TT T TTTTTTTTTTTTTTTTTY'7T'r'TTT7TTTTTT'I'RtTT\ Project: Citizen Participation -- Municipal Complex Target Date: ctive: . ected Result: . Estimated Cost: . Strategy Check Team Leader ,_ .? ,:i Action Steps ' 11We Will Need These Resources Days/ Start Comilla. No. Primary Tasks Related Tasks PeopWEqulpmenelMoney/Facilities Seq. Hours Date Date 1. Council Approves Approach for Citizen Participation 2/6 ' 1 , 2. Identify Date for Public Meeting . 2/6 • 11 3. . Publicize Public Meeting 2/6 2/27 4. Schedule Facility for Meeting 2/6 . 2/13 2/20 5. Develop Agenda for Meeting 6. Develop Interest Cards for Citizens to Complete 2/20 T. Advertise = Open Call for Volunteers 2/20 , 3/5 Hold Public Meeting = Disseminate Interest Cards • . - 2/27 9. CC Appoints Steering Committee Chair 3/5 10. Staff & Council Liaisons Identified 1 3/5 11. 'Committee Assignments Clearly Defined/Timeline Set � 3/5 12: Organizational Meeting Scheduled for Committees - Advertise • 3/12 13. Committee Work Begins 3/12 14. Committees Submit Recommendations to Steering Committee I ? 15. Steering Committee Forwards Recommendations to CC 1 ? 16. Organizational Meetings Scheduled for "Citizens for Southlake" ? "Citizens . . ." Work Begins4110 ? Bond Election All Items Time Activated / Total Cost , Completion Date Y 1�.d..A.A..►A.........►A�.►AA....A4..►. ...►.a.A.4.. .A.I..► ►.A..►.1.I.4.A.A.A.I►.a..► A.A.A.�.►.L.I.L.A..►.►.►I..►A.I..►1 0 1993 Priority Management Systems Inc. The PRIORITY MANAGER',