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1999-10-19 CC Packet(� City of Southlake, Texas MEMORANDUM October 15, 1999 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting October 19, 1999 Note that the financial report prepared by Finance Director Sharen Elam includes the sales tax report. However the 9/30/99 report is a preliminary report prior to annual year-end adjustments (for example a 9/99 Fort Worth water bill and various invoices related to FY 98-99 have not been received from vendors). Please contact Sharen if you have any questions. 1. Agenda Item No. 5A. Approval of the minutes of the Regular City Council Meeting held October 5, 1999. If you have any changes to the minutes, please discuss these at the work session or notify Sandy LeGrand prior to the meeting. She will bring the amended minutes to the meeting for your consideration. 2. Agenda Item No. 5B. Authorize the Moor to enter into an amended interlocal agreement with the Town of Westlake for water and sewer services. The City of Fort Worth commented on the original interlocal agreement and determined that measuring the water usage at a. single point was considered to be a "resale" of water, a technical violation of our contract with Fort Worth. This modification will make all the GlenWyck residents Southlake water customers. These changes will go before the Westlake Board of Aldermen on October 25. Contact Ron Harper for more information. 3. Agenda Items Nos. 5C, 5D, and 5E. Authorize the Mayor to enter into an Agreement for Community Services with Northeast Tarrant Arts Council, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting October 19, 1999 Page 2 of 15 Grapevine Relief and Community Exchange (GRACE), and Metroport Meals on Wheels. As directed by City Council, the amount allocated in the Community Services division budget for community groups was lumped as one sum. The amounts being requested are the same amounts assumed by staff during the budget preparation. The Arts Council of Northeast Tarrant County has again requested $4,500 this fiscal year, the same amount as paid last year. Carolyn Sims, Executive Director of the Arts Council, is expected to be at your meeting to answer any questions you might have. GRACE has requested funding of $10,000, an increase from the $9,500 approved by City Council last fiscal year. As noted in the agenda item cover memo, the City Council approved funding based on a per capita formula last year. Tricia Wood, GRACE Executive Director, is expected to be at your meeting to answer any questions you might have. Metroport Meals on Wheels has requested funding of $10,000 this fiscal year, the same amount as paid last year. Funding from the City is used by MMOW in administering the Tuesday senior luncheons, and providing home delivered meals to Southlake residents. The Senior Advisory Commission unanimously recommended approval of the contract with MMOW. A representative of MMOW is expected to be at your meeting. As a reminder, all of the groups that had previously requested funding were sent a letter informing them of the need to come before City Council with their request for funding along with consideration of renewal of their community services agreements. We will bring these forward as each organization is ready. Some of Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting October 19, 1999 Page 3 of 15 these agreements will be reviewed by the applicable advisory board, then brought to City Council with the board's recommendation. 4. Agenda Item No. 5F. Ordinance No. 480-317, V Reading, (ZA 99-057), Rezoning and Development Plan for Crown Ridge Addition. A request to table this item until further notice has been made by the applicant. It is preferred that table requests be made to a certain date. Where a table request has been made in this manner, staff would prefer that this item be shown on the agenda with the notation "This item tabled until (next meeting date)." This will help keep interested parties aware that this item is still active in the process. Feel free to contact Karen Gandy with regard to this item 5. Agenda Item No. 7A. Ordinance No. 480-319, 2°d Reading, (ZA 99-062), Rezoning, Tracts 4, 4G2, 4G4, and 4J, J.J. Freshour Survey, 4.56 acres, AG to SF-lB. This property is located on the north side of Johnson Road approximately 350' east of Pearson Lane. It is being brought forward as a condition of approval by the Zoning Board of Adjustments (ZBA) for a variance to allow a non -conforming floor area of a residential structure and a Special Exception Use approval for an accessory building on the property. The SFAB request is due to the size of one of the existing homes on the property, which is less than both the minimum 2,000 square feet permitted under the SF-lA district and the minimum 1,500 square feet under the SF-113 Zoning District. The variance granted by the board must be based on the zoning district regulations that permit the least amount of variance. In this case it is the SF-113 Zoning District. The Planning and Zoning Commission (P&Z) recommended approval (7-0) on September 23, 1999, changing the zoning from "SF-113" to "SF -IA." It should be Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting October 19, 1999 Page 4 of 15 noted that an approval of "SF-1A" zoning would require the applicant to return to the ZBA for re -approval in order to have "legal conforming" structures on the site. The City Council approved this item (7-0) by consent on October 5, 1999. Feel free to contact Karen Gandy or Dennis Killough regarding this request. 6. Agenda Item No. 7B. Ordinance No. 480-318, 2"d Reading, (ZA 99-081), Rezoning, portion of Tract 213, James L. Chivers Survey, 0.14 acres, AG to SF-lA. This is a rezoning request to correct a split tract zoning on an existing single tract. The tract is located on the north side of East Dove Street, 975' from Ridgecrest Drive. The zoning request is for a 0.14-acre strip of land, approximately 12' wide, which is part of an overall 4.0-acre tract. A 3.86-acre portion of this tract is zoned "SF -IA." The "SF-I.A" zoning change on the 3.86 acres occurred as part of the Sheltonwood residential development. This 12' strip, which provided access to Dove Street for the larger portion of the tract, was omitted during the original rezoning. Staff was not aware that the access strip existed since it did not show up on any City or Tarrant Appraisal District maps. The City has purchased what was approved as Sheltonwood, with the exception of the 4.0-acre tract. The applicant is now trying to plat the 4.0-acre tract so that it can be sold. There are no unresolved issues regarding this request. The P & Z recommended approval (7-0) on ,September 23, 1999. The City Council approved this item (7-0) by consent on October 5, 1999. Feel free to contact Karen Gandy or Dennis Killough regarding this request. 7. Agenda Item No. 7C. ZA 99-075, Request for variance for proposed Plat Showing cif Lot 1, James Chivers Survey. This plat is associated with the previous rezoning item (item 7B, ZA99-081). The request is for a variance to two numbered comments on Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting October 19, 1999 Page 5 of 15 the Plat Review Summary for the above referenced "Single Lot" Plat Showing. "Single Lot" Plat Showings are approved by staff and are not brought before the P&Z or City Council for approval. Applicants must comply with all requirements of the Plat Review unless specifically varied by the City Council. The applicant has sent a letter, included in your packet, requesting variances to comments No. 3 (lot width at the minimum front building line) and No. 4a (residential drive access to an arterial street) of the review summary. A copy of the location map, review summary and plat reduction also are included in your packet. The tract has a "panhandle" type configuration that prevents the lot from meeting the 100' lot width at the minimum 40' building line without including land from properties outside of this ownership. In the past, variances have been granted allowing an increased building setback in a location on the lot that would allow the 100' of width measured along the building line. In this case, and in reference to comment No. 3, staff would recommend a building line measured 40' from the south property line north of the "panhandle" portion of the lot. In reference to comment No. 4a, the property has no other means of access to a public right-of-way. Feel free to contact Dennis Killough regarding this item. 8. Agenda Item No. 7D. Ordinance No. 758, 2' Reading, Consolidation of the Public Works and Engineering Departments. This ordinance combines the Engineering and Public Works departments into a single Public Works Department. Contact me if you have any questions. 9. Agenda Item No. 7E. ZA 99-089, Specific Use Permit for a Kennel, Hart Street. This site is located on the south side of Hart Court approximately 500' from Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting October 19, 1999 Page 6 of 15 Brumlow Avenue, being Lot 3R, Block B of the Hart Industrial Park. The purpose of the request is for a kennel business. Zoning Ordinance 480, Section 45.1 (16), as amended, requires approval of an SUP and Concept Plan for this type of use. A description of the proposed business operation is included in your packet for this item. Please note that no plan approval by the P&Z or City Council is required for a building permit for the proposed structures on this site. The purpose of the concept plan is associated only with the SUP request for the proposed kennel use. A building permit has been issued for the northeast and southeast buildings shown on the plan. The southeast building is the proposed kennel location. However, with this plan the applicant is requesting a variance for driveway stacking depth and driveway spacing for an additional "on -site" driveway. P&Z recommended approval (6-0) subject to the review, with no variances, and subject to the following requirements: • current vaccinations as recommended by the American Veterinary Association; • yard must be picked up after each group of dogs are taken out, with a maximum 11/2 hours between each pick up; waste must be placed in airtight containers and yard must be sprayed with a product that will eliminate urine smell; no breeding; no regular vet service; • limit number of dogs to 65; • SUP limited to January 1, 2001; 0 0 a minimum 1:13 staff to dog ratio; Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting October 19, 1999 Page 7 of 15 • acknowledge applicant's commitment to remove westernmost driveway and correct the driveway stacking depth on the concept plan; limit SUP to dogs under 25 lbs. Feel free to contact Karen Gandy or Dennis Killough regarding this request. 11. Agenda Item No 8A ZA 99-80, Preliminary Plat for Lots 1-4, Block 1, Sabre Group Campus. This is the preliminary plat associated with the Sabre project. It includes all unplatted property purchased by the Sabre Group. You might note a comment in the Plat Review Summary requiring platting the property south of this plat boundary. This property is still owned by MTP-IBM Ph. II & III, JV (Maguire Partners) and was not part of the Sabre Group rezoning. We typically require platting of an entire ownership or tract. Tom Allen with Maguire Partners has agreed that the remaining portion will be platted prior to further development, and is requesting deferral of this requirement until further plans for the property are known. In this particular instance, staff does not have an issue with deferring this requirement. We have adequate planning information from the Kirkwood Hollow plans and plats, and it is likely that the preliminary plat for this portion would expire under its two-year window before further development occurs. P&Z recommended approval (6-0) subject to the review and allowing the requested deferral of the platting requirement. If the City Council or other interested parties have no issues regarding this item, it could be considered as a consent item, subject to the Plat Review Summary and recommendation of P&Z. Feel free to contact Karen Gandy or Dennis Killough regarding this request. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting October 19, 1999 Page 8 of 15 12. Agenda Item No 10A Authorize the Mayor to execute lease agreements with Cook Inlet/VoiceStream PCS, L.L.C. for the placement of three wireless communications antennas on the Dove, Florence and Miron water towers. Cook Inlet/VoiceStream PCS, L.L.C. has requested to lease space at the Dove, Florence, and Miron water towers for the placement of wireless communications antennas and ground units. The lease agreement requires annual payment of $11,040 per site for five years. The lease also allows for four five-year extension periods with a yearly rate increase of 15 % over the previous period. The total revenue to the city after all four extension periods would be $1,116,539.85. This agreement is comparable to eight other lease agreements that the city currently maintains. The City Attorney has extensively reviewed these lease agreements, and found them legally sound. If you have any questions, contact Valerie Bradley or Ron Harper. 13. Agenda Item No 10B Authorize the Mayor to enter into an Agreement for Community Services with Northeast Transportation System. As you recall, a scope of services agreement with NETS for fiscal year 1998-99 was not considered by City Council until your August 3, 1999 meeting. The agreement was approved at that time, but Council expressed concerns about the level of NETS service to Southlake residents, given the funding requested. The Senior Advisory Commission and staff has met with Brenda Cross, Executive Director of NETS, several times to discuss the organization's service levels in Southlake. As noted in the agenda item cover memo, the Senior Advisory Commission held a work session with Ms. Cross prior to considering the agreement for recommendation to City Council. The Senior Advisory Commission voted unanimously to recommend that NETS be continued until a viable alternative is available in the community, the consensus being that NETS currently provides i"`� medical and social services transportation that cannot be readily duplicated by Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting October 19, 1999 Page 9 of 15 another provider or service. Please contact Kevin Hugman with questions about this item. 14. Agenda Item No 10C Consideration of having single Regular City Council meetings in November and December due to holidays and anticipated absences of council members. I have placed this item on the agenda for your consideration because I know of at least two councilmembers who will be out of town during the week of November 16, and the second meeting in December falls within the week of the Christmas holiday. I have spoken with staff regarding our ability to manage projects in the absence of these meetings, and there are no significant problems with canceling either of these meetings. The ultimate decision is, of course, up to you. You will recall that Proposition Two on the May 2, 1998, Charter election ballot, approved by voters 1591/828, amended Section 2.09 of the Charter to authorize City Council to cancel or reschedule the date of a regular City Council meeting by posting a 72-hour notice. Your approval of this item will provide for canceling the meetings with proper posting. Please let me know your thoughts on this issue. 15. Agenda Item No 11A. Wal-Mart seasonal storage issues. In your packet is a letter from Mr. Bob Collins on behalf of his client, Wal-Mart, regarding the placement of storage trailers through the holiday season. In summary, Wal-Mart seeks approval of this use again this year, but makes the commitment that this will be the last year for such a request, anticipating that another solution can be found. This item has been placed on the agenda at my request. Your direction through discussion will allow staff to proceed in accordance with your wishes. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting October 19, 1999 Page 10 of 15 16. Agenda Item No. 1113. Real Estate Acquisition Policy. This discussion item is on the agenda to begin the process of establishing a formal Real Estate Acquisition Policy. The draft policy is intended to be a starting point and basis for this discussion. Contact Ron Harper for more information. 17. Agenda Item No 11 C Process for making appointments to boards and commissions. At the recommendation of Councilmember Patsy DuPre, the City Secretary's Office has conducted a survey of 12 cities to determine some of their procedures involved in making Council appointments to boards, commission and committees. Your packet contains the responses received to date from those cities, along with a brief summary. If you have any questions regarding this item, please contact City Secretary Sandy LeGrand. Other Items of Interest 18. Durham Elementary School. A revised concept plan is currently under review by the Development Review Committee process for Durham Elementary School. The plan proposes adding a 6,500 s.f. gymnasium to the site. The location of the gymnasium is more than 400' from residential property lines and therefore is not subject to the "Residential Adjacency Standards." However, the "CS" Community Service district regulations require approval of a concept plan for any new construction prior to issuance of a building permit. There are two issues surrounding this site that have created some concern. One is landscaping. The school district has not planted what was shown on its original concept plan. The district received some variances on bufferyards and was required Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting October 19, 1999 Page 11 of 15 to plant a specific amount of material along the north and south property lines within an area 200' ± from Shady Oaks Drive. There also was some confusion in the developer agreement, which referenced a joint City/CISD landscape plan and planting effort. The agreement also stated that "no further landscaping shall be required." Staff believes that this reference was to interior landscape plantings that were done with KSB and had nothing to do with the bufferyard plantings. Staff stated in the review that we would not allow them to proceed until the planting requirements were met. The school district has asked to be allowed to proceed, with a letter stating it will provide the plantings prior to certificate of occupancy on the new building. The district feels this will minimize possible construction damage to plants and irrigation systems during construction of the gymnasium. Since the new addition will require full bufferyard plantings, staff does not have a problem with the district proceeding as described; however, it is our position that the required landscaping must be installed in accordance with the concept plan, as approved. The other issue regarding this item is continuation of the street from White Chapel through the middle school and elementary school to Shady Oaks Drive. Right-of- way has been dedicated with the plat for the middle school. We are requiring that the district show the continuation of this right-of-way on the concept plan and process an amended plat dedicating the right-of-way. It appears the school district does not want to do this. However, staff did not state in the review that we would not continue processing if it did not. This issue should be worked out with the City Council. Please note that this street is shown on the Master Thoroughfare Plan revision that is tabled at the City Council. There was a school board meeting October 13, 1999, during which these issues were discussed. Shawn Poe was in attendance (see his notes about the meeting attached to my memo). Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting October 19, 1999 Page 12 of 15 19. Carroll High School. CISD has purchased two tracts east of the high school and west of Stonelakes residential development. The district has installed sod and intend to use this area for football practices once construction begins on a "sports field house." The last date mentioned was by October 14, 1999. It has been delayed but could begin within the next week. Staff has informed the district of the approvals needed for this to occur under our ordinance requirements. A letter was sent to CISD as a follow up to our previous meetings on this matter. The district has submitted a rezoning request and site plan for approval. This plan is currently in the Development Review Committee process and is awaiting revisions. The consultant has had difficulty getting needed information from the previous architects for the site plan revisions. It would appear impossible, at this point, for the district to complete the process prior to the time in which it needs to implement the use of the property. The CISD has proposed sending notice letters to adjacent property owners and to the City Council describing its use operations on the property and why it must proceed. The district also intends to have those concerned contact the CISD administration regarding questions or concerns. You may have heard that a natatorium is to be built on the high school property. The rezoning and site plan submitted for the practice fields show the location of the facility. It would take in part of one of the two tracts. However, the plans for the natatorium have not been completed and full disclosure of the proposal would not be possible at this time. Staff has recommended that CISD remove the natatorium from the current rezoning request until full plans have been completed. Another rezoning/site plan of the property would be required prior to construction of that facility. Please contact Dennis Killough regarding these issues. N Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting October 19, 1999 Page 13 of 15 20. City Manager Performance Evaluation. Recall that my appointment as City Manager was approved at a Special City Council meeting held on May 24, 1999. Part of that approval stated that a six-month performance evaluation would be done. I would like to meet and have time with the full City Council present, therefore, I am looking at placing this item on executive session either the first meeting in November (November 2) or the first meeting in December (December 7). Please let me know if either of these dates conflicts with your schedule. 21. ER -Everyone's Responsible Parenting Forum. The Drug and Alcohol Awareness Committee is hosting its first citywide forum on Monday, October 18, at 7:00 p.m. The forum will be held in the Carroll High School auditorium. Topics include love and logic, building self esteem in youth, drug and alcohol awareness, and single parenting dilemmas. There will be a separate program, in the high school gymnasium, given by Cook's Children's Medical Center for fifth- and sixth - graders. Please attend the forum to show your support of the committee's efforts. If you have questions you can contact councilmembers Debra Edmondson or Gary Fawks, or Assistant to the City Manager Shelli Siemer. 22. As you know, I was not able to get the City Manager's notes out last week due to illness, but I will be able to get started again next week. 23. Upcoming meetings: • October 16-17, Race Weekend @ Texas Motor Speedway • Monday, October 18, 7:00 p.m., Everyone's Responsible parenting forum @ Carroll High School auditorium. • Wednesday, October 20, 7:00 p.m., Library Board Meeting @ Admin Conference room. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting October 19, 1999 Page 14 of 15 • Thursday, October 21, 7:30 a.m., Metroport Partnership meeting @ Colleyville Area Chamber of Commerce. • Friday, October 22, Southlake employees - United Way luncheon @ Bicentennial Park. • Saturday, October 23, 6:00 p.m. - 9:00 p.m., Harvest Fest and Carnival @ Bicentennial Park. • Monday, October 25, 11:30 a.m., Southlake Chamber luncheon - Sabre, @ Marriott Solana Hotel. • Monday, October 25, 6:00 p.m., SPDC meeting @ City Hall. 23. Also attached to my memo. • NCTCOG notice of upcoming public transportation meetings. • Request to Tarrant County for assistance on construction of streets in Southlake. • Schedule for Tring, England school band visit. 24. At the Oct 5 meeting, members of Council asked staff to research ways to improve the sound system in the Council Chambers. Gary Gregg contacted Ford Audio, our regular audio consultant, that week to come up with options but still did not have proposal in hand by Friday, Oct. 15. As a result, he arranged for another company (Paper Bird Productions, which does audio and video consulting for the City of Bedford) to examine the Council Chambers on Monday. We hope to have options and a recommendation for you at an upcoming meeting. BC Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting October 19, 1999 Page 15 of 15 .a - Staff Extension Numbers: Bradley, Valerie, Assistant to the Public Works Director, ext. 773 Campbell, Billy, City Manager, ext. 701 Elam, Sharen, Finance Director, ext. 716 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, Public Works Director, ext. 779 Hugman, Kevin, Director of Community Services, ext. 757 Jackson, Malcolm, Administrative Operations Coordinator, ext. 726 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Director of Economic Development, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Martinson, Lynn, Assistant Finance Director, ext. 833 Polasek, Steve, Deputy Director Community Services, ext. 772 Queen, Courtney, Community Services Coordinator, ext. 827 Safranek, Lauren, Director of Human Resources, ext. 836 Siemer, Shelli, Assistant to the City Manager, ext. 806 Thomas, Charlie, City Engineer, ext. 814 Wilson, Garland, Director of Public Safety, ext. 735 Yelverton, Shana, Assistant City Manager, ext. 705 M:\WD-FILES\Campbell\Meetings\99-10-19.doc R City of Southlake, Texas MEMORANDUM October 13, 1999 TO: Ron Harper, Director of Public Works FROM: Shawn Poe, Senior Civil Engineer SUBJECT: Minutes of CISD School Board Meeting on 10/13/99 I attended the CISD School Board Meeting on October 13, 1999. I have listed the notes and minutes that I felt were of interest to the City for your information. Attached is a copy of the agenda. The notes are listed in the order of discussion at the meeting. Item 9 Johnson Revised Site Plan 1) The CISD proposes to add four additional kindergarten rooms. In order to comply with City ordinances, there is 1200 LF of sidewalk also to be installed along N. Carroll. The sidewalk will utilize existing sidewalks in place near the entrance of Johnson Elementary. The sidewalk will extend from the north property line of Johnson Elementary to E. Highland. The estimated cost is $38,000. 2) During the discussion, Board Member Yelton proposed that Ted Gillum discuss with Billy Campbell the possibility of having a special Planning & Zoning Meeting to discuss at one time every school project that has been submitted to the City at this time (Johnson Elementary and Durham Intermediate Revised Site Plans). Item 6 S. Kimball Intermediate and Middle School 1) The architect Howard Veskal presented the site plan. Mr. Veskal stated that the drainage from the site would be detained in a detention pond located in the northwest section of the site. The detention pond would also act as a buffer between the school facilities and Woodland Heights subdivision. 2) The football field is proposed to be lighted using a special lighting system to light the field only and not the surrounding area (Woodland Heights). 3) The CISD proposes to leave enough space along the north side of the site for a possible road that will extend from S. Kimball through the property owned by Mr. Pigg and terminate at the traffic signal light at Village Center. The CISD indicated they would not dedicate the right-of-way as part of the plat at this time, but will dedicate the right-of-way once the offsite developers have aggreed to an alignment of the road. The road was assumed by the Board to be built at a later City of Southlake, Texas date unless an agreement is reached prior to construction of the schools. Regardless, the Board assumed the road would be funded and constructed by others (the City and developers). 4) There is significant impact on trees on this site. It is estimated that the mitigation cost would exceed $320,000. The Board discussed with the CISD staff to ask the City Council for a waiver for some of the tree mitigation requirements. Board Member Glover suggested that in exchange for the ROW dedication along S. Kimball and along the north side of the site, the City waive some of the mitigation requirements. Mr. Glover estimated that each cost for the land (ROW) and the tree mitigation would be comparable. 5) The Board directed the CISD staff to present the plan to the Joint Use Committee and the residents via the SPIN process. Mr. Gillum stated that the staff has planned presentations to each organization. 6) Mr. Cheatham, Civil Engineer for site, stated that the City planned to budget in the FY 99-00 CIP funds for the design of S. Kimball from FM 1709 to Crooked. He also stated that construction of the roadway is planned to be budgeted in the FY 00-01 CIP budget. Item 10 Durham Intermediate Revised Site Plan 1) The site plan was presented by Project Manager Brent Cline. Mr. Cline stated that the revised site plan was needed for the addition of a gymnasium and cafeteria serving line. 2) Mr. Cline stated that the plan was submitted to the City for review, however that it was "kicked back" for two reasons. Apparently there are some landscape issues from the original construction of the school specified in the Developer's Agreement. Mr. Cline stated that this issue has been resolved. 3) The other item that remains before the City staff would place on P & Z agenda involves the dedication of a 50' right-of-way. Mr. Cline stated that City staff is requiring the 50' right-of-way along the north side of the site. The ROW is required to build a road from Shady Oaks to White Chapel through the Durham and Middle School sites. ROW was previously dedicated on the Middle School site. Mr. Cline stated that to his knowledge, there is not any current City ordinance in place to require the ROW. Mr. Gillum stated that the CISD requested from the City Staff the ordinance(s) that required the ROW dedication. Mr. Gillum stated that a meeting was set-up to discuss this issue with Staff, however the meeting was cancelled by the City. Mr. Yelton was concerned about the schedule of the project begin delayed due to this issue not being resolved. Mr. Yelton suggested that a letter be sent to the constituents explaining the reason for delay due to the City process. The consensus on the Board was that the road is not safe as a "thoroughfare" and therefore is not needed. Mr. Gillum did state that City of Southlake, Texas the road would provide better access for the buses. Mr. Gillum did state that it is "irritating" that the City staff is holding up the application process due to the ROW without consideration of the school's time constraints. 4) Mr. Veskal (architect) stated that the construction plans for the gymnasium have not been started. Mr. Veskal stated that they can be completed within 6 weeks. 5) Mr. Glover suggested working with the City Council on the ROW issue before sending a letter to the constituents explaining the delay of the project. Item 7 Stadium and Transportation Site 1) The architect recommended a variance request to the City Council for the parking ratio to be reduced from the required 3:1 to 5:1. 2) The architect stated that every effort would be utilized to save the existing trees within the limits of the parking lot. These minutes are provided to you for your information. I will be glad to answer any questions you mi ht have regarding these minutes. SEP/sep AGENDA CARROLL INDEPENDENT SCHOOL DISTRICT Special Board Meeting Central Administration 1201 N. Carroll Ave. Southlake, TX 76092 October 13, 1999 6:00 p.m. 1. Call to Order and Establishment of a Quorum 2. Adjournment to Closed Session pursuant to the Texas Open Meetings Act and Texas Government Code, Sections 551.071 - 551.086. Texas Government Code, Section 551.074 - Personnel Deliberation regarding appointment, employment, evaluation, reassignment, duties, Discipline, or dismissal of a public officer or employee, or to hear a complaint or charge against an officer or employee. Texas Government Code, Section 551.072 - Real Property Deliberation regarding the purchase, exchange, lease, or value of real property. RECONVENE INTO OPEN SESSION FROM CLOSED SESSION (Time 6:30 p.m.) 3. (6:30 - 6:45) Audience for Guests Items for Action Presented by Assistant Superintendent for Financial and Business Operations - Mr. John Craft 4. (6:45 - 7:00) Consider Approval of Guaranteed Maximum Price for CMS Renovation Item 4. Page 1 5. (7:00 - 7:15) Consider Approval of Guaranteed Maximum Price for Carroll High School Activity Center, Track and Softball Field Item 5. Page 1 Items for Information 6. (7:15 - 8:15) Presentation of the site plan and floor plan for Intermediate School #3 and Middle School #2 on Kimball Ave. Item 6. Page 1 7. (8:15 - 8:45) Presentation of the plans for the Stadium and Transportation Facility Item 7. Page 1 8. (8:45 - 9:15) Presentation of the plans for the Aquatics Center Item 8. Page 1 9. (9:15 - 9:25) Construction update - Johnson Elementary Classroom Additions Item 9. Page 1 10. (9:25 - 9:35) Construction update - Durham Elementary Intermediate Gymnasium Addition and Serving Line Item 10. Page 1 11. (9:35 - 9:45) Construction update - Rockenbaugh Elementary Item 11. Page 1 12. (9:45 - 9:55) Presentation of the CISD sidewalk systems Item 12. Page 1 13. (9:55 - 10:05) Construction update - Carroll Elementary School Kitchen Renovation Item 13. Page 1 14 (10:05 - 10:15) Consider the Demolition of Bleachers, Press Box, and Lighting at Carroll Intermediate Item 14. Pages 1-2 Other Business 15. Adjournment to Closed Session pursuant to the Texas Open Meetings Act, Texas Government Code Sections 551.071 through 551.084. (Time 16. Consider any Action Derived from Closed Session Adjournment Time ( ANY CLOSED MEETING WILL BE HELD IN ACCORDANCE WITH TEX. GOV'T CODE, CHAPTER 551, SUBCHAPTERS D AND E. 2 North Central Texas Council of Governments Save The bates for Upcoming Public Meetings November '99: November 3, 1999 at 2:00 p.m. Richardson City Hall November 4, 1999 at 6:30 p.m. Arlington City Hall November 9, 1999 at 6:30 p.m. Duncanville City Hall topics scheduled: Regional Thoroughfare Plan, TIP May `99 Project Call Mcbilitv 2025 & � Other topics /J December '99: December 6, 1999 at 6:30 p.m! Dallas City Hall December 7, 1999 at 6:30 p.m. Plano City Hall December 8, 1999 at 2:00 p.m. North Richland Hills City Hall topics scheduled: I'vfobility 2025, .-fir Quality Conformity, & cther topics T'nese public meetings are presented by the Regional Transportation Council of the North Central Texas Council of Governments to solicit public input on important transportation issues in the Dallas -Fort Worth Metroplex. For more information, phone (817) 695-9240. n Mayor: Rick Stacy Mayor Pro Tern Gary Fawks Deputy Mayor Pro Tem: Ronnie Kendall Councilmembers: Wayne Moffat Rex Potter Debra Edmondson Patsy DuPre City Manager: Billy Campbell Assistant City Manager: hana K. Yelverton f y Secretary: Sandra L. LeGrand L City of Southlake October 7, 1999 B. Glen Whitley County Commissioner, Precinct Three Northeast Sub -Courthouse 645 Grapevine Highway, Suite 6 Hurst, TX 76054 RE: Requests for Assistance on Construction of Streets in City of Southlake Dear Commissioner Whitley: The City of Southlake appreciates your letter offering possible assistance in street projects. We have utilized such assistance in past projects, most recently in 1998. A prioritized list of streets, which meet your criteria of "thoroughfare and/or major collectors" with comments follows: Priority Roadwa Limits No. of Lanes Approx. Length Description 1 N. Kimball From SH 114 2 lanes 4,000 ft to Highland 2 N. White Chapel From SH 114 2 lanes 3,500 ft to Dove 3 E. Highand From Carroll to 2 lanes, 3 lanes 5,280 ft Highland at intersections Please receive this letter as the City of Southlake submittal of prioritized projects for County assistance. If there are any questions or more information is needed, please call Shawn Poe, Senior Civil Engineer, at (817) 481-5581 extension 846. Yours truly, jBil Z CMer CC'. Ron Harper, Director of Public Works Shawn Poe, Senior Civil Engineer 1721 East Southlake Blvd., Suite 100 - Southlake, Texas 76092 (817) 481-5581 - (817) 488-9370 AN EQUAL OPPORTUNITY EMPLOYER" OCT-13-99 WED 15:55 CARROLL ISD FAX NO. 4210810 P.02 > At JJ 1G:58 81749944d4 IDENTITEC PAGE 82 'rring School Band Visit Schedule: October 21.-November 1, 19" Thursday -Oct. 21 1:45 Arrive DFW/Customs 2:3o Depart DFW for CHS 3:15 Arrive CHS, meet student host, Parents or Host pick-up at 4:00 Evening witb boat families Friday -Oct, 22 8:00 Meet at CBS 9:00 Tour SouthlakeiGrapevine 11:35 Lunch at CHS 2:30 Pep Rally 3:30 Home. with most studenWfamily 5:30-6:30 Hotdog Cookout at stadium 7:30 Football GamelGV-Here Saturday -Oct. 23 Class 4A Area Marching Band Competition -Pennington Rchcarsal time in late afternoon if required in CHS Band Hall Evening with Host Families Sunday -Oct. 24 Morning with bolt families Rehearsal earl aftemoon (Time TBD) 5:30 Concert at Carroll High School Auditorium (1 hr, 30 min) Monday -Oct. 25 8:00 Meet at CHS-Workshop classes with CHS and CRUS 12:00 Lunch at CHS/CJrHS 1:50 Concert at CHS for students 7:00 Evening -Pot tuck supper at Mayor Stacy home. Host families, Souihlake Sister Cities, City OfScN* CfSD Officials Short Concert (30-45 min.) T4:f:lay-Oct. 26 8:00 Meet at CHS 9:00 Depart of Bass Performance Halt 10:00 Tour Bass Performance Hall 11:00-1:00 Frcc time at Sundance Square Lunch on your own 1:00 Depart for FT. Worth Zoo OCT-13-99 WED 15:55 CARROLL ISD FAX NO. 4210810 P.03 03/27/1999 10:58 8174BB4484 I?ENTITEC r: t bJ 5:30 Depart Zoo 6:15 ArrKt at CRS Evening Open Weducsday-Oct. 27 8:00 Meet at CHS 9.00 Concert at CJrII 10:00 Back to CHS for Class 12:00 Travel to Grapevine Mills for Lunch and shopping 4:45 Return to WCUMC 5:30 Rehearsal at Church Eyeau,g-Concert and Dinner at WCUMC Thursday -Oct. 28 8:00 Meet st CAS 9:00,D4art,for Ifa"[ias-K.eh3edy MevioriAl, tour duwatown city area. Lunch in DT area 2:00 Grapevine MUls for Shopping 5:30 Return to CHS 7:00 Pot Luck Sapper/Band Boosters, CISD Officials lnteroational Club, SSC, Concert in the SAC Friday -Oct 29 F 8:00 Meet at CHS i 9.00 Visit Omni Theater, FW Science Museum 12:00 Lunch in Stockyard area 1:45 Return for Pep Raily 5:00 Depart for Football Game -Fossil Ridge Saturday -Oct. 30 9:00 Depart for Six Flags 5:30 Return to CHS Sunday -Oct. 31 Morning with Host familics 15:00 Meet at CHS 4:00 Combined Concert with CHS students 6:00 Halloween Party Monday -Nov. I 9:00 Meet at CHS, attend normal classes 11:25 Lunch at CHS 1:00 Start loading buses for airport 1:30 Depart for Airport NOTE: If Msrcding Saud goes to Stage Competition, it will occur on Monday, Nov 1 in Waco City of Southlake, Texas - October 21,1999 DRC Meeting RESUBMITTALS CASE DESCRIPTION There were no resubmittals on October 11, 1999. NEW SUBMITTALS CASE DESCRIPTION 99-105 REZONING/SITE PLAN Pi Systems Location: On the east side of Timberline Court, approximately 350' south of East Continental Boulevard Current Zoning: "MH" Manufactured Housing District Requested Zoning: "SP-l" Detailed Site Plan District with "I-l" Light Industrial District Uses Owner/Applicant: Pi Systems 99-106 PLAT SHOWING (Staff Review) Lot 2, H. Decker No. 438 Addition Location: On the east side of Timberline Court, approximately 350' south of East Continental Boulevard Current Zoning: "MH" Manufactured Housing District Requested Zoning: "SP-1" Detailed Site Plan District with "I-1" Light Industrial District Uses Owner/Applicant: Nancy and Richard Andrews 99-107 SPECIFIC USE PERMIT (Change in conditions to add bleachers and stadium seating) Texas School of Baseball Location: On the west side of Crooked Lane, approximately 400' north of East Continental Boulevard Current Zoning: 1-1" Light Industrial District Applicant: Texas School of Baseball Owner: David and Beverly Thorne City of Southlake, Texas 99-108 REZONING/CONCEPT PLAN St. Martin in -the -Fields Episcopal Church Location: On the east side of Pearson Lane, approximately 800' south of West Southlake Boulevard (F.M. 1709) Current Zoning: "CS" Community Service District Requested Zoning: "SP-2" Generalized Site Plan District with "CS" Community Service Uses Applicant: GSBS Batenhorst, Inc. Owner: St. Martin in -the -Fields Episcopal Church 99-109 SITE PLAN Johnson Elementary School Location: On the northeast corner of the intersection of East Highland Street and North Carroll Avenue Current Zoning: "CS" Community Service District Applicant: Belcheff & Associates, Inc. Owner: Carroll Independent School District PI SYSTEMS CORPORATE OVERVIEW Pi Systems, known, as the "PROUD INNOVATOR" is a privately owned company dedicated to providing innovative service solutions for COMPUTER SYSTEMS, POS SYSTEMS, and ATMs. Our motto is: We provide enhanced productivity tools, utilizing "Innovative Technical solutions" by certified resources. Richard Andrews formed Pi Systems in September of 1992. The head of Pi Systems has over twenty-five years of hands on experience in all phases of the Sales and Service offerings we provide. The management staff has an average of twenty years of experience in the three areas of our service offerings. Our Technical staff consists of Certified, OEM trained, and field experienced technicians. Our Corporate Facilities are located Northwest of the DFW Airport at 1937 East Continental Blvd in the City of Southlake. This enables our technicians to respond quickly to all areas of the DFW Metro-plex. We have additional facilities located in Fort Worth, Midland, Lubbock, and Amarillo. Our service area extends North to Tulsa Oklahoma, East to the Louisiana border, South to Waco Texas and to the West Texas area. Our immediate growth plans are for two areas, Northeast Texas/ Northwest Louisiana and West Texas from Abilene to the west Texas border. We have an International Facility located in Chihuahua Mexico and are looking at possible growth in Central and South America. Our customers are: • MANUFACTURES • VAR'S • BUSINESS END USERS The services we provide are: • INSTALLATIONS • TEMPORARY TO PERMAMENT TECHNICIANS • EQUIPMENT UPGRADES (SOFTWARE OR HARDWARE) • MAINTENANCE AGREEMENTS • TIME AND MATERIAL ON SITE SERVICE • CARRY IN REPAIR SERVICE • CERTIFIED CAT 5 WIRING AND TESTING • HELP DESK SUPPORT Our sales include: • COMPUTER SYSTEMS (SERVERS AND W/S SYSTEMS) • COMPUTER SOFTWARE • NEW OR REFURBISHED ATMs • COMPUTER AND ATM SUPPLIES Pi Svstems has ICL formally trained Technicians on ICL/ Fujitsu Retail, POS, and 7000 Series ATM systems. This training was provided to us by ICL to enable Pi Systems Technicians to represent ICL in Nation wide projects for the past two years. These projects include ATM upgrades and POS/ Retail System installations in all sections of the United States. REUD 0 C T 111999 REO U '-)C- m WI O r0wJ M r•I V V sz V U� w rrro� L e N ra �'d 0. N O - L• G _'n. a w - aj E 00 ; C oC '� - p «rein 0,7— G �G - ^. md G y ; O A `er ^ ; — OQ, d d _40 u - 72 E -a—�� 3 -c a In° -U ` m� a s v m E V _:: a o VU ; c = E co co Cl co ol C o ea•-- 4...! WM : d O s 'fin<n O V to O a: 0. W..». rn T ,s. J m a. w d °"' n w Q .. :r N :. +. ze �t N cD ■ virO r-` rw! j^O In C .i r,.y ep t-0 E .+Q N 4.�'ci w N ° -d '6 O^ V G `XO 0. w E >> �-'— ;L�' dy C .:W m 4 iz rl arbo o _ i E =. x C.v _ -.0�� pE .- a 7 ; n u�o� -=tom ��- 6J i P �M N e u C w' w ° Q " Y "� YN a = � o v •V CN_; HS'3 . o i.�:,,o d V ;' �r !o �+.a In -' .o t e -� ,r�,O_ i .. - _ � V � ,an�ro w:w:f � � C w »� .; r SN r•Nr• E °, R 1. ° �� .�i O r� .G d l.. _ .r � �o `E:� Or ^ w _ o R. Z+^ ... n - V 4-Y Gep m•� _ •` "wos �` = �' Y w - 2 m% ■ A - �� C M CITY OF SOUTHLAKE 1 % SALES TAX REPORT V 1998-99 collected budget balance budget to date balance percent $3,021,050 $3,067,546 46 496 -1.54% MONTH FISCAL YEAR 96-97 % Inc -Dec FISCAL YEAR 97-98 % Inc -Dec FISCAL YEAR 98-99 % Inc -Dec October $161,892 25.8% $237,164 46.5% $310,767 31.0% November 135,367 21.0% 193,664 43.1 % 206,887 6.8% December 115,084 10.7% 163,871 42.4% 188,493 15.0% January 198,873 41.7% 266,437 34.0% 313,831 17.8% February 125,671 31.9% 168,914 34.4% 199,573 18.2% March 104,733 1.5% 160,147 52.9% 194,635 21.5% April 182,384 33.1 % 215,299 18.0% 311,919 44.9% May 152,577 39.5% 217,760 42.7% 257,679 18.3% June 171,813 53.0% 200,233 16.5% 249,323 24.5% y 223,854 24.5% 274,072 22.4% 346,698 26.5% August 184,851 39.7% 224,126 21.2% 245,730 9.6% September 173,917 42.0% 200,169 15.1% 242,010 20.9% TOTAL $1,931,017 1 30.8%1 $2,521,857 1 30.6%1 $3,067,546 1 21.6% Month October November December January February March April May June July August September Actual Budget Actual 1997-98 1998-99 1998-99 $ 237,164 $ 284,122 $ 310,767 $ 193,664 232,009 206,887 163,871 196,317 188,493 266,437 319,192 313,831 168,914 202,359 199,573 160,147 191,856 194,635 215,299 257,928 311,919 217,760 260,876 257,679 200,233 239,879 249,323 274,072 328,338 346,698 224,126 268,503 245,730 200.169 239,669 242,010 $ 2,521,856 $ 3,021,050 $ 3,067,546 $ 19.79% Estimated 1998-99 310,767 $ 206,887 188,493 313,831 199,573 194,635 311,919 257,679 249,323 346,698 245,730 242,010 (budget-est.) Difference 26,645 (25,122) (7,824) (5,361) (2,786) 2,779 53,990 (3,198) 9,444 18,360 (22,773) 2,341 Change 9.38% -10.83% -3.99% -1.68% -1.38% 1.45% 20.93% -1.23% 3.94% 5.59% -8.48% 0.98% 3,067,546 $ 46,495 1.54% 21.64% 10/15/99 sistx99.xis GENERAL FUND Statement of Revenues, Expenditures and Changes in Fund Balance for the period ended September 30, 1999 with comparative actual amounts for the period ended September 30, 1998 (fiscal month 12-100.00%) Adopted Percent Actual Percent REVENUES Month 9/30/99 Year to Date 1998/99 1998/99 Collected/ Year to Date Total Collected/ Ad Valorem Taxes ($26,430) $6,210,526 Budget $6,463,540 Expended 96.1% 9/30/98 $3,970,964 9/30/98 $3,970,964 Expended 100.0% Sales Tax 245,730 2,828,086 3,026,050 93.5% 2,521,965 2,521,965 100.0% Franchise Fees 67,195 980,983 984,112 99.7% 883,871 883,871 100.0% Fines 89,970 737,532 875,798 84.2% 630,645 630,645 100.0% Charges for Services 45,048 509,937 685,006 74.49c' 590,950 590,950 100.0% Permits/Fees 138,949 2,116,103 2,742,788 77.2% 2,733,934 2,733,934 100.0% Miscellaneous (249,672) 395,957 145,659 271.8% 278,573 278,573 100.0% Interest Income 31320 237,437 190,000 125.0% 178,867 178g67 100.0% Total Revenues EXPENDIT 1R S $344,111 $14,016,560 $15,112,953 92.7% $11,789,769 $11,789,769 100.0% City Secretary $19,330 $241,911 $301,173 80.3% $226,793 $226,793 100.0% City Manager 14,309 426,980 351,003 121.6% 338,110 338,110 0.0% Support Services 233,284 2,018,767 1526.534 534 79.9% 1,498,707 1,498,707 100.0% General Govertunent Total 266.923 2.687,658 3,178.710 84.6% 2,063-610 2,063-610 100.0% Human Resources 21 904 221,$55 2096 105.8%, 233 923 233,923100.0% Human Resources Total 11,904 221,855 209,600 105.8% 233-923 233-923 100.0% Finance 31,057 413,058 454,166 90.9% 399,334 399,334 100.0% Municipal Court 18,757 288,236 304,770 94.6% 267,311 267,311 100.0% Municipal Court -Teen Court 4 876 84,805 92 633 91.5% 59.58 59,586 100.0% Finance Total 54.690 786.099 851.5569 92.3% 726.231 726-231 100.0% Fire 258,104 1,813,185 1,857,825 97.6% 1,784,478 1,784,478 100.0% Police 296,279 3,033,246 3,418,246 88.7% 2,822,719 2,822,719 100.0% Public Safety Support 67,421 1,068,597 1,056,436 101.2% 1,004,557 1,004,557 100.0% Building 42.963 657.133 692 896 94.8% 567 051 567 051 100.0% Public Safety Total 664-767 6,572.E 7,025,403 93.5% 6,178-805 6,178.805 100.0% Streets/Drainage 50,044 732,760 939,167 78.0% 820,722 820,722 100.0% Public Works Administration 114-217 806,307 803.729 100.3% 783 368 783,368 100.0% Public Works Total 164,262 1,539,067 1,742,896 88.3% 1.604-090 1,604.090 100.0% Community Development 22,586 462,116 531,480 86.9% 489,319 489,319 100.0% Economic Development 13,108 139,217 144,832 96.1 % 116,773 116-773 100.0% Community Development Total 35.693 601,333 676,E 88.9% 606.092 606,092 100.0% Community Services 25,469 346,377 416,831 83.1% 342,198 342,198 100.0% Parks and Recreation 85,616 1,227,741 1,454,991 84.4°% 1,154,334 1,154,334 100.0% Library Services 11825 82-000 162 480 50.5% 4 4 0.0% Community Services Total 124.910 1,656,118 2.034,302 81.4% 1,496,532 1-496-532 100.0% Total Expenditures $1,333.149 $14,064-292 $15,718,792 89.5% $12,909,283 $12,909,283 100.0% Excess (deficiency) of Revenue over Expenditures ($989,038) ($47,732) ($605,839) ($1,119,514) ($1,119,514) OTHER FINANCING SOURCES AND (USES) Proceeds from lease/CO (net) $0 $695,154 $694,300 $718,433 $718,433 Transfer In -Other Funds 65,461 785,527 1,235,527 715,869 715,869 Transfer To -Other Funds (1-).083) (145,000) (1,155,942) ) (53,869) Total Other Sources/(Uses) $53,377 $1,335,681 $773,885 $1,380,433 $1,380,433 Excess (deficiency) of Revenues/other sources over Exp. ($935 661) $1 287.949 $168,046 $_60.919 $260-919 FUND BALANCE OCT 1 $2,858,521 $2,858,521 $2,597,602 $2,597,602 Change in reserved fund balance $0 $0 $0 $0 ENDING FUND BALANCE $4 146 470 $3,026.567 $2,858,521 $2 858.521 fund balance percentage 19.3% 22.1% REVENUES Water Sales -residential Water Sales -commercial Sewer Sales Sanitation Sales Other utility charges Miscellaneous Interest Income Total Revenues E.XP� FPS Water Utility Billing Sewer Sanitation Debt Service - Revenue Bonds Total Expenses Excess (deficiency) of Revenue over Expenses OTHER FINANCING SOURCES AND (USES) Transfer In -Other Funds Transfer Out -Other Funds Total Other Sources/(Uses) Excess (deficiency) of Revenues and other sources over Expenses WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ended September 30, 1999 and September 30, 1998 (fiscal month 12-100.00%) $1,031,686 147,161 120,915 60,439 16,746 240 $1,402,797 $370,252 51,294 84,543 46,388 405 $552,882 $849,915 $C (65.461 ($65,461 Adopted Year to Date 1998/99 1998/99 Budget $6,804,386 $5,220,000 1,029,904 805,500 1,298,021 975,000 728,356 636,000 386,472 443,315 14,928 83,400 $10,405,398 $8,263,215 $3,510,546 $4,504,340 300,510 303,421 646,812 747,246 503,078 560,000 $7,216,953 $8,236,148 $3 18 ,444 $27 067 $0 $0 (785,527) (785,527) ($785,527) ($785,527) $784 454 1 $2 402 917 ($758460) Percent Actual Percent dlected/ (pended Year to Date 9/30/98 Total 9/30/98 Collected/ Expended 130.4 % $6,053,989 $6,053,989 100.0% 127.9 % 846,277 846,277 100.0% 133.1 % 1,037,099 1,037,099 100.0% 114.5 % 635,055 635,055 100.0% 87.2% 409,582 409,582 100.0% 17.9 % 167,494 167,494 100.0% 143.3% 89 325 89-325 100.0% 125.9% $9,238,821 $9,238,821 100.0% 77.9 % $4,965,046 $4,965,046 100.0% 99.0% - - 0.0% 86.6 % 932,115 932,115 100.0% 89.8 % 496,147 496,147 100.0% 106.4 % 1 943 566 1.943.566 100.0% 87.6 % $8,336,874 $901 947 $8,336,874 $901,947 100.0% $834,145 $834,145 (700-000) (700,000) $134,145 $134,145 a City of Southlake, Texas MEMORANDUM October 15, 1999 To: Billy Campbell, City Manager From: Ron Harper. Director of Public Works, extension 779 Subject: Authorize the Mayor to enter into an amended interlocal agreement with the Town of Westlake for water and sewer services Action Requested: Amend the interlocal agreement with Westlake for water and sewer services. Background Information: On July 20, 1999 the Southlake City Council approved an interlocal agreement with Westlake that would allow for the construction of a water line and the providing of water service for Glenwyck Farms in Westlake. This is an area within Southlake's CCN. The terms of the original agreement called for the City to bill Westlake for water usage and to receive payment from Westlake. Upon review by the City of Fort Worth, it was determined that this would constitute a "resale" of water. This is not allowed by our Fort Worth contract. This amendment will make it clear that the residents of Glenwyck Farms will be Southlake water customers until such time as Westlake has developed a water system to handle this area and the CCN's have been modified to allow Westlake to provide service to this area. The agreement will also be modified to allow the Town of Westlake to collect the impact fees due and to distribute these fees to the appropriate parties. Financial Considerations: None. Citizen Input/ Board Review: None. Legal Review: The amended portion of the interlocal agreement has been sent to the attorneys for review. 5B-1 Alternatives: Approve it, deny it, or modify it. Supporting Documents: Amended Interlocal Agreement Staff Recommendation: Place the amended interlocal agreement on the October 19, 1999 City Council agenda for Council to review and approve. Director of Public Works Approved for Submittal to City Council: City Manager's Office 5B-2 INTERLOCAL AGREEMENT BETWEEN THE TOWN OF WESTLAKE AND THE CITY OF SOUTHLAKE FOR TEMPORARY WATER AND SEWER SERVICE AND WASTEWATER TREATMENT FOR GLYNWICK FARMS SUBDIVISION STATE OF TEXAS ) COUNTY OF TARRANT ) COUNTY OF DENTON ) This Agreement is made and entered into by and between the Town of Westlake, Texas, a general law municipal corporation operating pursuant to the laws of the State of Texas and located in Tarrant and Denton Counties (hereinafter referred to as "Westlake"), `" and the City of Southlake, Texas, a home rule municipal corporation operating pursuant to ``. the laws of the State of Texas and located in Tarrant and Denton Counties (hereinafter referred to as "Southlake"). Westlake and Southlake are hereinafter referred to as the "Municipalities", WHEREAS, Southlake has entered into contracts with the Trinity River Authority of Texas ("TRA") for participation in the Denton Creek Regional Wastewater Treatment System (the "Denton Creek System"), which will treat wastewater generated by Southlake, in addition to other entities; and WHEREAS, TRA and Southlake have entered into agreements for the acquisition of easements and the financing, design and construction of a sanitary sewer interceptor known as the Denton Creek Wastewater Interceptor Pressure System ("DCWIPS"), for the W:\4271\040\Inter1oc.agr(3) - I - 5B-3 transportation of raw sewage from Southlake to the Denton Creek Wastewater Treatment Plant; and WHEREAS, the Municipalities have previously entered into that certain Interlocal Agreement Between the Town of Westlake and the City of Southlake for Use of N-1 Sewer Line ("Prior Interlocal Agreement"), pursuant to which Southlake caused to be constructed the N-1 sewer line, and the Municipalities set out the terms by which Westlake could connect into the N-1 Line and utilize the N-1 Line; and WHEREAS, Westlake intends to become a participating member of or contracting party with the TRA, but, pending such event, Westlake has requested that Southlake permit Westlake to connect with the N-1 Line and provide Westlake with sewage and wastewater service, transportation and treatment pursuant to Southlake's contracts with the TRA in order to permit Westlake to provide sewage and wastewater service to the GlenWyck Farms Subdivision (the "GlenWyck Subdivision") consisting of 104 acres of real property located in the Town of Westlake and more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes, and Westlake has further requested that Southlake permit Westlake to connect with water lines located within Southlake and that Southlake provide water service to the GlenWyck Subdivision; and Southlake is willing to provide such services on the terms set forth herein and in the Prior Interlocal Agreement; WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code authorizes city governments within the State of Texas to contract with one another for the provision of various governmental functions and the delivery of various governmental services, including those in the area of public health, sanitation and utility service; and W:\4271\030\Interloc.agr(3) - 2 - bg-4 NOW, THEREFORE, for the mutual consideration herein stated, Westlake and Southlake agrees as follows: 1. Westlake shall exercise good faith best efforts to become a participating member of, or contracting party with, the TRA as soon as possible. 2. Southlake shall permit Westlake to construct a water line and connect into Southlake water system as generally set forth in the drawing attached hereto as Exhibit "B" attached hereto and made a part hereof. Southlake shall provide water service to Westlake for the sole purpose of serving the G1enWyck Subdivision and the homes constructed therein. The final water line design will be reviewed and approved by Southlake's engineering services department. Each qI within GlenWyck Farms shall be separately metered and each homeowner shall be a Southlake water customer. The Town of Westlake hereby agrees to collect all applicable water impact and meter fees and to distribute said fees to the appropriate parties. Southlake and Westlake both understand that Westlake is planning on developing a water distribution system to serve this .area, and that ,upon completion of this system, and receiving approval by TNRCC to provide service, Westlake shall take ownership of this area. Such action will require an additional agreement between Southlake and Westlake. N:\4271\040\Interloc.agr(3) - 3 - 5B-5 3. Southlake shall permit Westlake to connect a 15 inch sanitary sewer line into the N-1 Line as set forth on Exhibit "C" in accordance with the Prior Interlocal Agreement and shall provide Westlake with sewage transportation and treatment for the sole purpose of serving the G1enWyck Subdivision and the homes constructed therein. Such sewage shall be separately metered, and Southlake shall bill Westlake for such service, transportation and treatment in accordance with Southlake's prevailing rates and practices, and Westlake shall pay each such bill in full within thirty (30) days of receipt thereof. From the time that Glen Wyck Farms taps the N-I sewer line and begins to contribute wastewater flow to the line until two years after, Southlake shall charge Westlake 1.5 times the rates Southlake is required to pay TRA for wastewater treatment in the Denton Creek System. After two years from the date Glen Wyck Farms taps the N-I sewer line and begins to contribute wastewater flow to the line, Southlake shall charge Westlake twice the rates Southlake is required to pay TRA for wastewater treatment in the Denton Creek System. Westlake hereby assumes all responsibility, to the extent permitted by law, for any industrial pollutants which can be traced to or which originated from the Westlake sewer system. C1 No connection to the N-1 sewer line or to the Southlake water line from property located within the town limits of Westlake shall be made unless at least five (5) business days prior written notice is given to Southlake. All connections to the water line and the N- 1 sewer line shall be inspected and approved by a Southlake engineering department R':\4371\040\Interloc.agr(3) - 4 - inspector or TRA before any construction is backfilled. It is currently anticipated that only one point of connection to each such line will be made by Westlake. 5. This agreement, and the Prior Interlocal Agreement, constitute the only agreements of the Municipalities regarding the N-1 sewer line and the water line and supersede any prior understanding or oral or written agreements between the Municipalities regarding the subject matter of this agreement other than the Prior Interlocal Agreement. G1l Any notice provided for herein shall be given in writing and delivered or mailed by certified or registered United States Mail, postage prepaid, addressed as follows: IF TO SOUTHLAKE: City of Southlake Attn: City Manager 667 North Carroll Avenue Southlake, Texas 76092 f DI ICI BRIMM7:4 Town of Westlake Attn: Mayor 3 Village Circle, Suite 207 Westlake, Texas 76262-9204 The designation of the person to whom and the place to which notices are to be mailed or delivered may be changed from time to time by any party giving notice to the other party. 7. This agreement and all 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. In the event that any portion of this agreement shall be found contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and W A4271\040\Interloc.agr(3) - 5 - 5B-7 effect to the extent legally permissible. 9. Each of the Municipalities agrees to accept full responsibility for the acts, negligence and/or omissions of its respective officers, employees and agents. It is the intent of the Municipalities that each will be responsible for its own acts and omissions to the extent permitted by law, but this provision is not intended to waive any element of sovereign immunity, or to remove any further protection afforded general purpose units of government pursuant to Texas law. 10. The undersigned officers and/or agents of the Municipalities are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the Municipalities. Each of the Municipalities 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. This agreement is executed in duplicate originals on the dates indicated below. ATTEST: Deputy Town Secretary Town of Westlake TOWN OF WESTLAKE By: Mayor Date: W:\4271\040\Inter1oc.aV(3) - 6 - RM (W, ATTEST: City Secretary City of Southlake wAar 1\04OUnuri«.aUO) - 7 - CITY OF SOUTHLAKE By: Mayor am City of Southlake, Texas M MEMORANDUM October 15, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 757) SUBJECT: Authorize the Mayor to enter into an agreement for Community Services with Arts Council of Northeast Tarrant County Action Requested: City Council consideration for renewal of the agreement for community services with the Arts Council of Northeast Tarrant County. Background Information: Arts Council of Northeast Tarrant County is a 501(c)3 organization whose purpose is to encourage the promotion of arts in the community. The Arts Council provides summer youth arts programs as well as other various arts classes to youth and adults in northeast Tarrant County. They also provide a newsletter and a calendar of events to citizens of Southlake that features programs offered by local municipalities, schools, and other non-profit organizations. These services fulfill the current scope of services agreement. No changes in the amount of funding or services provided by the Arts Council have been made from the previous year. Financial Considerations: The proposed community services agreement calls for $4,500 to be paid to Arts Council of Northeast Tarrant County for services rendered to the community. The request for funding for FY 1999-00 remains the same as the previous year with no changes in the services provided. The approved FY 1999-00 Community Services division budget has $83,500 allocated for community services. To date, $9500 has been appropriated by City Council. Citizen Input/ Board Review: No citizen input has been received. Not subject to any board review. Legal Review: This agreement was modeled after the standard community services agreement utilized by the City and has remained the same as the agreement currently in place. Alternatives: Alternatives may include: • Changes in the funding amount as determined by City Council • Non -renewal of community services agreement Billy Campbell, City Manager October 15, 1999 Page 2 Supporting Documents: Supporting documents include the following items: • Proposed Agreement for Community Services with the Arts Council of Northeast Tarrant County. Staff Recommendation: Place on the October 19, 1999 City Council agenda for consideration the proposed Community Services Agreement between the Arts Council of Northeast Tarrant County and the City of Southlake 14-& KH Approved for Submittal to City Council: City Manager's Office SC-2 AGREEMENT FOR COMMUNITY SERVICE STATE OF TEXAS § 0 COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and the Arts Council Northeast Tarrant County, an organization described in section 501(c)3 of the Internal Revenue Code, acting by and through its duly authorized Executive Director (hereinafter referred to as "Arts Council"). WHEREAS, the purpose of Arts Council is to encourage the promotion of the arts in the community; and WHEREAS, City and the Arts Council desire to enter into an Agreement whereby the Arts Council will provide art related services to citizens of Southlake and others as referred by City; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and the Arts Council do hereby covenant and agree as follows: SC-3 SECTION 1 SCOPE OF SERVICES The scope of Service shall include: 1. Assistance provided by the Arts Council for arts related projects and programs to other non-profit organizations, arts organizations, schools, and municipalities. 2. Provide summer arts programs for youth in the area. 3. Provide a monthly event calendar with information pertinent to the citizens of Southlake. 4. Provide a quarterly newsletter available to people in the area. 5. Make available various "arts" classes such as guitar, voice, piano, pottery, painting, etc. SECTION 2 ARTS COUNCIL'S OPERATIONS 1. Hours of Operations shall be solely defined by the Arts Council. 2. The City shall have the right to review the books and records kept incident to the services provided by the Arts Council to the City. SECTION 3 PAYMENT FOR SERVICES City agrees to pay to the Arts Council the sum of Four Thousand Five Hundred ($4,500) Dollars in payment for services described in Section 1 hereinabove. SECTION 4 TERM OF AGREEMENT The term of this agreement shall be for a period of one (1) year beginning October 1, 1999 and ending September 30, 2000. IN WITNESS WHEREOF the City and the Arts Council have executed this agreement as of this day of 51999. Approved as to legal form and adequacy: Attorney at Law Mayor, City of Southlake Executive Director, Arts Council of Northeast Tarrant County 5CIS", City of Southlake, Texas MEMORANDUM October 15, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 757) SUBJECT: Authorize the Mayor to enter into an agreement for Community Services with Grapevine Relief and Community Exchange (GRACE) Action Requested: City Council consideration for renewal of the agreement for community services with GRACE. Background Information: Grapevine Relief and Community Exchange (GRACE) is a non-profit organization in Grapevine that provides short term emergency assistance for those in direct need of food, clothing, medicine, and other necessities. They serve the northeast Tarrant area including Southlake. GRACE indicates that January through August of 1999 they provided the delivery of 382 services to Southlake. GRACE has received funding from the City since 1994. At the October 6, 1998 City Council meeting a new formula was determined to allocate funds based on $.50 per capita. As a result, the City Council raised the amount paid for services from $7,500 to $9,500 for FY 1998-99. Currently, the population of Southlake is approximately 20,000 based on information obtained from the Department of Economic Development. Financial Considerations: The proposed services agreement calls for $10,000 to be paid to GRACE for services rendered to the community. The approved FY 1999-00 Community Services division budget has $83,500 allocated for community services. To date, $9500 has been appropriated by City Council. Citizen Input/ Board Review: No citizen input has been received. Not subject to any board review. Legal Review: This agreement was modeled after the standard community services agreement utilized by the City and is the same agreement as currently in place. Alternatives: Alternatives may include the following: • Changes in the funding amount as determined by City Council • Non -renewal of community services agreement Billy Campbell, City Manager October 15, 1999 Page 2 Supporting Documents: Supporting documents include the following items: • Proposed Agreement for Community Services with GRACE. • Minutes from the October 6, 1998 City Council meeting indicating changes in the allocation of funds to allow for financial support in the amount of $.50 per capita based on the existing population (Item 5P). Staff Recommendation: Place on the October 19, 1999 City Council agenda for consideration the proposed Community Services Agreement between GRACE and the City of Southlake. KH Approved for Submittal to City Council: 6111"- Cio ge face O-OL, on AGREEMENT FOR COMMUNITY SERVICE STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and GRACE (Grapevine Relief and Community Exchange), a nonprofit "relief' center operating in the Grapevine-Southlake-Colleyville area as an organization described in section 501(c)3 of the Internal Revenue Code, acting by and through its duly authorized Executive Director (hereinafter referred to as GRACE). WHEREAS, the purpose of GRACE is to centralize resources and to provide food, clothing, referral, and available financial assistance to the needy of the Grapevine-Southlake- Colleyville area, and others as referred by GRACE members; and WHEREAS, City and GRACE desire to enter into an Agreement whereby GRACE will provide "relief" services to the needy of the Southlake community and others as referred by City; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and GRACE do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES The scope of Service shall include: 1. Short term emergency assistance for food and clothing needs. 2. Administration of direct aid as funding allows (assistance with utilities, rent, medicine, gasoline, and other vital necessities). 3. Referrals to area agencies and organizations. 4. Distribution of furniture or other donated resources intended for emergency purposes as available. 5. Cooperation with local organizations to render additional aid in certain instances as this assistance is available, through either designated funding or seasonal programs. 6. Case management for repeated or extended emergency assistance. 7. Supplemental food commodities distribution for households on a low or fixed income. 8. Transitional housing for homeless families. 9. Housing repair and construction through GRACE Habitat. 10. Low cost shopping at GRACEFUL BUYS Resale. SECTION 2 GRACE'S OPERATIONS 1. Hours of Operations shall be solely defined by GRACE. 2. The City shall have the right to review the books and records kept incident to the services provided by GRACE to the City. SECTION 3 PAYMENT FOR SERVICES City agrees to pay to GRACE the sum of Ten Thousand ($10,000) Dollars in payment for services described in Section 1 hereinabove. SECTION 4 TERM OF AGREEMENT The term of this agreement shall be for a period of one (1) year beginning October 1, 1999 and ending September 30, 2000. IN WITNESS WHEREOF the City and GRACE have executed this agreement as of this day of , 1999. Approved as to legal form and adequacy: `%*— Attorney at Law Mayor, City of Southlake Executive Director, GRACE ;%%.- 5-P. Approval of FY 1998-99 Scope of Services Agreement with G.R.A.C.E. 5-Q. Approval of FY 1998-99 Scope of Services Agreement with Lake Cities Community Band. 5-R. Approval of FY 1998-99 Scope of Services Agreement with Northeast Tarrant Arts Council. 5-S. Approve Ethics Statements for City -sponsored youth recreation programs. 5-T. ZA 98-099, Plat Revision for Proposed Lot 3R, Block B, Hart Industrial Park. 5-U. Ordinance No. 721, 1" reading, Changing the street name of Rainbow Drive to Rainbow Street and Windsor Drive to Chatham Court. 5-V. Authorization to advertise for bids for the repair of concrete pavement on Creekway Bend in Timarron, Phase I. 5-W. ZA 98-100, Plat Revision for Proposed Lots 5R1 and 5R2, Block D, Commerce Business Park. 5-X. Removed from consent agenda. 5-Y. Removed from consent agenda 8-A. Ordinance No. 480-BB, ls` reading, Impervious Coverage. 8-B. Ordinance No. 722, 1st reading, Authorizing the Issuance of $4,275,000 City of Southlake Tax Notes, Series 1998, and considering all matters incidental and related to the issuance. Motion was made to approve consent agenda item #5-A, minutes of the City Council meeting of September 15, 1998 as amended; #5-B, setting the public hearing for October 20, 1998; #5-C, setting the public hearing for October 20, 1998; #5-D, setting the public hearing for October 20, 1998; #5-E, #5-F, setting the public hearing for October 20, 1998; #5-G, #5-H, #5-I, noting the applicants requirement to preserve and protect the trees at the southern portion of the property; #54, #5-K, #5-L. setting the public hearing for October 20, 1998; #5-M; #5-N; #5-0; #5-P, amending the contract with GRACE, amending the contract amount to be a formula calculated at fifty cents per capita; #5-Q, #5-R, eliminating item #6, under section 1; #5-S, #5-T, #5-U, setting the public hearing for October 20, 1998; #5-V, #5-W, #8-A, and #8-B. Motion: Martin Second: Evans Ayes: Martin, Evans, Fawks, Kendall, Moffat, Edmondson, Stacy Nays: None (Mayor Stacy indicated he voted in favor of all items, voting nay on #8-A) 5 Regular City Council Meeting Minutes of October 6, 1998 Page 9 of 26 5-M. Award of bid to McWilliams Enterprises, Inc., for Bid Package #3 (Facilities) for Bicentennial Park Expansion Phase H. McWilliams Enterprises, Inc., submitted the low bid of $443,259 for construction of the tennis pro shop and restroom/storage facility. 5-N. Approve the Revised Parks and Recreation Department Donation Policy providing for the donation of trees as a memorial. The concept of this idea is to allow individuals, businesses, or organizations to donate trees to the planted in City parks as a memorial to a loved one. In reviewing the existing Donation Policy, staff felt it would be appropriate to incorporate such a program under this policy, with some minor additions. The Park Board recommended approval of the revised policy at its September 14, 1998 meeting. 5-0. Approve the Park Board recommendation to name Bicentennial Park loop road "Bicentennial Drive. " With the expansion of Bicentennial Park Phase II, which will include additional park facilities, naming the loop is appropriate in order to properly address those facilities. Since the facilities will be located some distance from North White Chapel, an address with this street name will be confusing to Department of Public Safety personnel who may have to respond to an emergency. By naming the loop road, staff can create street addresses that provide a better location description to emergency personnel, as well as the public at large. The Park Board recommended naming the loop road "Bicentennial Drive." The loop road will eventually be the only drive in Bicentennial Park since the White Chapel driveway will go away with future park development in that area. 5-P. Approval of FY 1998-99 Scope of Services Agreement for G.R.A. C.E. The annual budget allocated funds for GRACE in exchange for the provision of services by that organization. The agreement outlines those services which will be provided to the citizens of Southlake by GRACE. The terms of the agreement is for one year commencing October 1, 1998. During the consent agenda, Council approved amending the contract amount to be a formula calculated at fifty cents per capita. 5-Q. Scope of Services Agreement with Lake Cities Community Band. The Fiscal Year 1998-99 Annual Budget allocated $4,000 for the Lake Cities Community Band in exchange for the provision of services by that organization. This scope of services agreement outlines those services which will be provided to the citizens of Southlake by the band. The term of the agreement is for one year commencing October 1, 1998. 5-R. Approval of FY 1998-99 Scope of Services Agreement with Northeast Tarrant Arts Council. (NETAC). The Fiscal Year 1998-99 Annual Budget allocated $4,500 for NETAC in exchange for the provision of services by that organization. This scope of services agreement outlines those services which will be provided S"P%7 Regular City Council Meeting Minutes of October 6, 1998 Page 13 of 26 City of Southlake, Texas MEMORANDUM October 14, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (x757) SUBJECT: Authorize the Mayor to enter into an Agreement for Community Services with Metroport Meals on Wheels Action Requested: City Council consideration for renewal of the agreement for community services between Metroport Meals on Wheels (MMOW) and the City of Southlake. Background Information: This Scope of Services agreement is unchanged from the one approved for FY 98-99. MMOW Executive Director Lucia McCoy has reviewed the agreement for FY 1999-2000 and concurs with the scope of services. The Tuesday congregate meal program is currently part of the weekly program activities at the Senior Activity Center. Seniors pay $2.50 for the meal, which is catered from Solana Marriott. City funding helps cover MMOW staff, supplies, and administrative costs for the Tuesday program and supplements the home delivered meals. Metroport Meals on Wheels has provided information regarding their costs and services, which is included with this item. Financial Considerations: The proposed services agreement calls for $10,000 to be paid to Metroport Meals on Wheels for the congregate meal program and the home delivered meal program. The approved FY 1999-00 Commmunity Services division budget has $83,500 allocated for community service contracts. To date, $9,500 has been appropriated by City Council. Citizen Input/ Board Review: The Senior Advisory Commission considered this item at their September 14, 1999 meeting and voted unanimously to recommend renewal of the agreement with Metroport Meals on Wheels. Legal Review: This agreement was modeled after the standard community services agreement utilized by the City and has remained the same as the agreement currently in place. 5E - 1 Billy Campbell, City Manager October 14, 1999 Page 2 Alternatives: •Changes in the funding amount as determined by City Council *Non -renewal of community services agreement Supporting Documents: *Proposed agreement for Community Services with Metroport Meals on Wheels *Letter from Metroport Meals on Wheels to Mayor Stacy, dated October 12, 1999, with attachments. Staff Recommendation: Place on the October 19, 1999 City Council agenda for consideration, the proposed Community Services Agreement between Metroport Meals on Wheels and the City of Southlake. so Approved for Submittal to City Council: dty Manager's Office 5E-2 AGREEMENT FOR COMMUNITY SERVICE STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and Metroport Meals on Wheels (hereinafter referred to as "MMOW), a nonprofit organization operating in the Metroport area as an organization described in section 501 (c) 3 of the Internal Revenue Code, acting by and through its duly authorized Executive Director (hereinafter referred to as "Coordinator"). WHEREAS, the purpose of MMOW is to deliver hot meals to homes of the elderly in Southlake, Grapevine, Colleyville, Keller, Argyle, Trophy Club, Westlake, Justin, Haslet and Roanoke and to manage senior programs and activities as needed to citizens of these Metroport communities; and �— WHEREAS, City and MMOW desire to enter into an Agreement whereby MMOW will provide meals and social services to the seniors of the Southlake community and others as referred by City; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and MMOW do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES The scope of Service shall include: MMOW 1. To coordinate, organize and run the weekly (Tuesday) Southlake senior congregate luncheon program and associated Tuesday activities. 2. To organize volunteers to plan and support Southlake's Tuesday congregate lunch program and home delivered meal program to Southlake residents. 3. Order necessary meals, cover costs and organize delivery of meals to homes of Southlake senior residents Monday through Saturday, and also for the Tuesday congregate lunch program and associated activities. SE-3 4. Track attendance and costs associated with the weekly congregate lunch program and the home delivered meal program Prepare and provide reports to the City on a monthly basis, due the 2nd Tuesday of each month. 5. Perform general clean up following each event, return tables to original locations and secure the facility. 6. Provide a monthly updated roster of participants to include name, address, phone number and emergency information. City 1. Provide the facility each Tuesday from 9:00 am to 2:00 p.m. 2. Provide staff liaison to provide guidance and direction to MMOW and monitor activities. SECTION 2 MMOW'S OPERATIONS 1. Hours of Operation for the congregate lunch program shall be from 10:00 am to �•.- 2:00 p.m. every Tuesday and shall be defined by the City of Southlake Senior Advisory Commission, City of Southlake Community Services Department and MMOW. 2. The City shall have the right to review the books and records kept incident to the services provided by MMOW to the City. SECTION 3 PAYMENT FOR SERVICES City agrees to pay to MMOW the sum of $10,000 per year to help cover the cost of the following: 1. A Senior Congregate Luncheon Coordinator provided through MMOW to perform services described in Section 1. 2. Supplies provided by MMOW such as paper plates, cups, table cloths and craft supplies for the fourth Tuesday craft activity held prior to the congregate luncheon. 5900Y 3. Subsidize the cost of food from the Marriott Solana Hotel for those persons unable to pay for their meals. This includes meals served at the weekly congregate lunch and for home delivered meals for the elderly of Southlake. 4. Individuals who can afford to pay for the luncheon or home delivered meal will be charged a maximum of $2.50 per person. MMOW will waive the luncheon fee if an individual brings a covered dish for the luncheon. Any increase in this fee shall be approved by the City of Southlake Senior Advisory Commission and the City of Southlake. SECTION 4 TERM OF AGREEMENT The term of this agreement shall be for a period of one (1) year beginning October 1, 1999 and ending September 30, 2000. The parties may modify this agreement by written amendment executed by both parties. IN WITNESS WHEREOF the City and MMOW have executed this agreement as of this day of October, 1999. Approved as to legal form and adequacy: Attorney at Law Mayor, City of Southlake Executive Director, MMOW sE s Board of Governors Tom .Men Maguire Partners Darcy Anderson Hillwood Development Brad Bradley, Esq. Bradley & Bradley Jim Carter. Denton County Commissioner Larry Cole Larry Cole Company Patt Gibbs: Esq. Gibbs & French Kelley Herring Star -Telegram Galen McCune .Northwest Bank Jane Nelson State Senator Bob Pelletier Mercedes Benz Margaret Potter IBM Corporation Jim Smith Marriott Solana Vicki Truitt, State Representative Board of Trustees 0 tcers Kelly Bradley President N Sanders e President d Latta Treasurer Ann Withington Secretary Division Presidents Coordinators Cathy Braunreiter RjC/W/MC Becky Spain Keller 1 irginia Muzyka Southlake Darlene Terpening Colleyville Penny Amack Justin Elizabeth Arnett Haslet Terri Genuske Grapevine Charlotte Dutton Argyle At Large/Division Reps Randal Badgwell Deh Baggett Johnny Clark lertalee Coleman Luis Evans Mark Gunning Larry haves Dan Heath Ann Huffman Bill Huffman Matt Kremzar Jerry Lawrence Brenda Mathews Martha McCormick e Paynick ra Perryman one Robertson Patti Smith Ann Swirczynski Loretta Tarino Richard Tucker METROPORT MEALS ON WHEELS, INC . Argyle, Colleyville, Grapevine, Haslet, Justin, Keller, Marshall Creek, Roanoke, Southlake, Trophy Club, Westlake October 12, 1999 Honorable Mayor Rick Stacy City of Southlake 1000 West Southlake Blvd. Southlake TX 76092 Dear Honorable Mayor Stacy: We would appreciate your attention to the following information. Attached you will find the Scope of Agreement between the City of Southlake and Metroport Meals On Wheels. We are again requesting S10,000 for assistance in funding the Tuesday luncheon and activity program. The program has grown throughout the year and the enclosed statistics reflect this growth. Since 1980, Metroport Meals On Wheels has served the elderly and disabled of Northeast Tarrant and Southern Denton Counties through the diligent efforts of 600 volunteers. Without federal funding, this grassroots organization relies on the generosity and support of the communities we serve. Individuals, corporations, civic organizations, churches and municipalities offer hands-on assistance as well as financial support. In addition to serving a hot noon meal, Monday through Saturday, Metroport Meals On Wheels' mission is to provide a congregate luncheon and activity program for the more active senior citizens throughout our service area To date, we have established senior center programs in Roanoke, Southlake, Justin, Haslet, and Colleyville. These senior center programs provide meaningful fellowship, lunch and activities, and have truly become a second family for many of those who attend. i�1:-( P. 0. Box 204 504 N. Oak, Suite.l • Roanoke, TX 76262 • (817) 491-1141 • FAX (817) 491-066i Byron and Peggy .A-elson Honorary Chairpersons .-Innual Go[( Tournament Founding Committee, 1980 Kelly Bradley. Chairperson Lona Clason, deceased Ozella MadeweH, deceased 1'ertalee Coleman Shaun Wicker Emily Ragsdale Sue Hoke Carole Segal Staff Lucia McCoy, MSa Executive Director Debbie Blake Development Director Shirley Gailey Office Manager Brenda Budarf Office Assistant Senior Centers Sandy Stickane, Roanoke Rose Hampshire, Southlake Sallye Box, Justin Sally Eastwood, Haslet Resale Shoo Teresa Anderson Manager Wanda Hollingswortt. Assistant Manager We thank you, Mayor Stacy, and the City of Southlake, for partnering with Metroport Meals On Wheels to enhance the quality of life for senior citizens and would be glad to answer any questions you may have. Sincerely, r," t-n O-e&j.-- b,�AQ Lucia McCoy, Executive Director Kelly Bradley, PresideAt cc: Southlake City Council Members: Patsy DuPre, Debra Edmonson, Gary Fawks, Ronnie Kendall, Wayne Moffat, Rex Potter Billy Campbell, City Manager Kevin Hugman, Director of Community Services Steve Polasek, Deputy Director of Community Services Nona Whitehead, Community Services Coordinator Southlake Senior Advisory Commission Metroport Meals On Wheels P.O. Box 204 504 N. Oak Street, Suite 1 Roanoke, TX 76262 Expenses: Income: OVERVIEW HOME DELIVERED AND CONGREGATE LUNCHEON MMOW Southlake Senior Center Program $ 15,168.96 MMOW Southlake Home Delivery Meal Program $ 3,028.80 Total MMOW Southlake $18,197.76 Southlake Contract: Congregate Luncheon $ 9,216.00 One Home Delivered Meal for a Year $ 784.00 $ 10,000.00 Paid Sr Center Meals $ 5,569.40 Paid Home Delivered Meals $ 1,485.60 Total Income $ 17,055.00 Difference: $ (1,142.76) FiscalYr99 501r- 8 10/12/99 Metroport Meals On Wheels Southlake Congregate Luncheon P.O. Box 204 1999 Fiscal Year 504 N. Oak Street, Suite 1 Roanoke, TX 76262 INCOME city or Southlake Meal Income INCOME October S 768.00 $ 422.00 $ 1,190.00 November S 768.00 S 393.25 $ 1,161.25 December $ 768.00 $ 365.25 $ 1,133.25 January $ 768.00 $ 382.50 $ 1,150.50 February S 768.00 $ 505.50 $ 1,273.50 March S 768.00 $ 656.80 $ 1,424.80 Apnl $ 768.00 $ 465.75 $ 1,233.75 May $ 768.00 $ 403.55 $ 1,171.55 June $ 768.00 $ 555.15 $ 1,323.15 July S 768.00 $ 398.50 $ 1,166.50 August S 768.00 $ 571.05 $ 1,339.05 September $ 768.00 $ 450.10 $ 1,218.10 Total $ 9,216.00 $ 5,569.40 $ 14,785.40 Note: Kroger of Southlake donated roasted chickens at a value of $24 per month. EXPENSES Meals Meal Craft/ Luncheon Sr. Director Office TOTAL Served Expense Activties Supplies Postage Salary Support EXPENSES October 272 S 434.65 $ 131.57 $ 17.81 $ $ 432.00 $ 50.00 $ 1,066.03 November 251 S 460.61 $ 255.12 $ 130.96 $ - $ 432.00 $ 50.00 $ 1,328.69 December 224 $ 425.00 $ 96.22 $ 4.96 $ 32.00 $ 540.00 $ 50.00 $ 1,148.18 January 259 $ 412.50 $ 128.04 $ 175.31 $ 22.90 $ 432.00 $ 50.00 $ 1,220.75 February 304 $ 408.00 $ - $ 57.94 S 432.00 $ 50.00 $ 947.94 March 365 $ 665.40 $ 221.90 $ 142.69 $ 39.60 $ 540.00 $ 50.00 $ 1,659.59 April 271 $ 613.07 $ 86.46 $ 54.63 $ - $ 432.00 $ 50.00 $ 1,236.16 May 249 $ 471.75 $ 144.61 $ 52.89 $ 33.00 $ 432.00 $ 50.00 $ 1,184.25 June 359 $ 612.00 $ 109.53 $ 125.88 $ - S 540.00 $ 50.00 S 1,437.41 July 277 $ 476.17 $ 75.47 $ 50.70 $ 33.00 $ 432.00 $ 50.00 $ 1,117.34 August 365 $ 576.00 $ 255.69 $ 16.67 $ 33.00 S 540.00 $ 50.00 $ 1,471.36 September 317 S 591.46 $ 164.55 $ 95.10 $ 18.15 $ 432.00 $ 50.00 $ 1,351.26 Total 3513 $ 6,146.61 $ 1,669.16 $ 925.54 $ 211.65 $ 5,616.00 $ 600.00 S 15,168.96 Note: Sr. Coordinator donated 52.75 volunteer hours in the current fiscal year. 10/ 12'99 Lexo99 16/12/99 Metroport Meals On Wheels P.O. Box 204 504 N. Oak Street, Suite 1 Roanoke, TX 76262 Residents of Southlake Home Delivered Meals 1999 Fiscal Year Meals Paid By City of MMOW Served Meal Cost Seniors Southlake Subsidized October 111 $ 266.40 $ 129.60 $ 65.33 $ 71.47 November 106 $ 254.40 $ 120.00 $ 65.33 $ 69.07 December 104 $ 249.60 $ 122.40 $ 65.33 $ 61.87 January 79 $ 189.60 $ 62.40 $ 65.33 $ 61.87 February 101 $ 242.40 $ 124.80 $ 65.33 $ 52.27 March 109 $ 261.60 $ 129.60 $ 65.33 $ 6 6.6 7 April 104 $ 249.60 $ 124.80 $ 65.33 $ 59.47 May 107 $ 256.80 $ 96.00 $ 65.33 $ 95.47 June 107 $ 256.80 $ 194.40 $ 65.34 $ (2.94) July 111 $ 266.40 $ 129.60 $ 65.34 $ 71.46 August 110 $ 264.00 $ 122.40 $ 65.34 $ 76.26 September 113 $ 271.20 $ 129.60 $ 65.34 $ 76.26 Total 1262 $ 3,028.80 $ 1,485.60 $ 784.00 $ 759.20 FiscalYr99 15jF _�� 10/12/99 City of Southlake, Texas STAFF REPORT October 15, 1999 CASE NO: ZA 99-062 PROJECT: Ordinance No. 480-319 / Second Reading / Rezoning - Tracts 4, 4G2, 4G4, and 4J, J. J. Freshour Survey, Abstract No. 521 STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Rezoning on property legally described as Tracts 4, 4G2, 4G4, and 4J, situated in the J. J. Freshour Survey, Abstract 521, and being approximately 4.56 acres. PURPOSE: Rezoning as a condition of ZBA approval to retain existing structures, as well as to bring existing uses into compliance with the Zoning Ordinance. Please see attached Staff Reports regarding the Zoning Board of Adjustments Case No. ZBA-324 and Case No. ZBA-325. LOCATION: On the north side of Johnson Road being approximately 350' east of Pearson Lane. OWNER: Lee K. Huntley APPLICANT: Jerry Small CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1B" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Twenty-three (23) RESPONSES: Three (3) responses were received from within the 200' notification area: • Donald R. and Gaye A. Teague, 629 Cimarron Trail, Southlake, TX, in favor, "We agree to this request as long as it remains 2 houses on these 2 lots with the specified acreage." (Received August 23, 1999.) • R.C. and Jacqueline Wood, 1629 North Pearson Lane, Roanoke, TX, in favor. (Received August 23, 1999.) 7V City of Southiake, Texas • Richard Osman, PO Box 93167, Southlake, TX, in favor, "property use is residential (not AG)" (Received September 10, 1999.) P&Z ACTION: August 19, 1999; Approved (7-0) to table and to continue the Public Hearing to the September 9, 1999, Planning and Zoning Commission meeting. September 9, 1999; Approved (7-0) to table and to continue the Public Hearing to the September 23, 1999, Planning and Zoning Commission agenda placing it near the front of that agenda. September 23, 1999; Approved (7-0) "SF -IA" zoning. COUNCIL ACTION: October 5, 1999; Approved (7-0) First Reading on consent. STAFF COMMENTS: Please note that a change of zoning to the "SF-1B" Single Family Residential District does not require a Concept Plan Review by Staff. NACommunity Development\WP-F[LES\MEMO\99CASES\99-062Z.doc 1 PC lc* m.. k vA o" TRACT MAP i i i I RI lw 1 r r— f�a _„ TL imp J 1.212 AC ��vV1.2C80 z j 10 ,.qG„ S_ WEBB > w i CHISUJi TR LL J J TR 75LL I D. TEAGUE 8 I g 3 3 _ co i "AG" � �� A. CRISP 0 AG � ` I S. WEBB LL W. NEWTON = 6 11 I TR.4J .71 A I 1 .4G4 S. HIBBEN 5 12 I R. 1.16 Ac E- R. WOOD WOOD A. THOMPSON 4 13 IJ. COMPTON CRC+ S 4 .4 Ac A U i TR.4G S. HOUGH 3( i 4 I p .3 n I R. PINDER- 'IgGfl R. A. N OSMAN' MATASSA 2 I 15 II o z i T.THRASHER z a m 0 J.OGLESTR. 16 1 ,,• 37 1.02 Ac of 1 ' E. MITCHELL n /� �� v A i TR.132 �i "AG 1 1 53 A.c I �) � w gr O O cal z O uj 0 0 a. cr a 3 I ci c3n v cc ��qG ��� TR.1?1A U el i J ~ 14 2.3 Az � , .2 Ac ADJACENT OWNERS a TR.1 F j 7.887 AC AND ZONING n City of Southlake, Texas N STAFF REPORT June 10, 1999 CASE NO: ZBA-324 PROJECT: Variance to Floor Area STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Art Wright, Zoning Assistant 481-5581, ext. 828 REQUEST: Variance to Ordinance No. 480, Section 12.1, requiring that the minimum floor area of the main residence of lots in the "SF-1B Single Family Residential District shall be one thousand five hundred (1,500) square feet. The applicant is requesting to maintain an existing residence of one thousand ninety-eight (1,098) square feet on a lot being zoned to "SF-113" Single Family Residential District. LOCATION: 3210 Johnson Road, being legally described as Tract 4, situated in the J.J. Freshour Survey, Abstract No. 521, being approximately 2.4 acres, and being the proposed Lot 1 and the southern portion of the proposed Lot 2, J.J. Freshour No. 521 Addition. APPLICANT: OWNER: LAND USE CATEGORY NO. NOTICES SENT: Jerry Small Lee K. Huntley "AG" Agricultural District Low Density Residential Twenty-one (21) RESPONSES: Four (4) responses have been received from within the 200' notification area: • Karen Carpenter, 3225 Johnson Road, Southlake, Texas, in favor. "Mr. Small wants to keep his property the same as it is now." (Received 6/8/99) • Rich Osman, 3200 Johnson Road, Southlake, Texas, in favor. See attached letter. (Received 6/9/99) • Matt Moore and Cheryl Swiggart, 3255 Johnson Road, Southlake, Texas, in favor. "We are in favor of the applicant maintaining the existing residence if it 1A-5 City of Southlake, Texas was built prior to the ordinance being passed, thereby granting him "grandfather" protection; or giving the applicant the option of adding to the square footage to be in compliance with the ordinance at a date to be determined by the City Council." (Received 6/11/99) • Robert C. Wood, 1629 Pearson Lane, Southlake, Texas, in favor. (Received 6/17/99) STAFF COMMENTS: The applicant is in the process of platting and zoning the property to a residential use. There are two (2) existing houses on Tract 4, which will be platted into the proposed Lots 1 and 2 to separate each residence. Because the proposed lots are over one (1) acre and the low density land use designation, the applicant is requesting "SF-lB" zoning, which requires a minimum floor area of one thousand five hundred (1,500) square feet. The house on the proposed Lot 2 will meet this requirement, but the house on Lot 1 will fall four hundred two (402) square feet short of the minimum floor area. The applicant is requesting a variance to the minimum floor area since the house is already existing. BOARD ACTION: June 10, 1999; Voted to approve as presented (4 - 0) L: \ WP-FILES\ZBA\MEMO\ZBA324F. DOC 70 City of Southlake, Texas STAFF REPORT June 10, 1999 CASE NO: ZBA-325 PROJECT: Special Exception Use Permit for Accessory Building Size STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Art Wright, Zoning Assistant 481-5581, ext. 828 REQUEST: Special Exception Use permit per Ordinance No. 480, Section 44.12 (3) for the construction of accessory buildings or structures of a size or aggregate size greater than the one thousand (1,000) square feet permitted in the "SF-113" Single Family Residential District. The applicant is requesting to have accessory buildings with a total area of five thousand five hundred and seventy-eight (5,578) square feet. LOCATION: 3204 Johnson Road, being legally described as Tracts 4 and 4J, and being situated in the J.J. Freshour Survey, Abstract No. 521, being approximately 3.11 acres, and being the proposed Lot 1 and the southern portion of the proposed Lot 2, J.J. Freshour No. 521 Addition. APPLICANT: OWNER: CURRENT ZONING LAND USE CATEGORY NO. NOTICES SENT Jerry Small Lee K. Huntley "AG" Agricultural District Low Density Residential Twenty-two (22) RESPONSES: Three (3) responses have been received from within the 200' notification area: • Karen Carpenter, 3225 Johnson Road, Southlake, Texas, in favor. "Mr. Small wants to keep his property the same as it is now." (Received 6/8/99) • Rich Osman, 3200 Johnson Road, Southlake, Texas, in favor. See attached letter. (Received 6/9/99) • Matt Moore and Cheryl Swiggart, 3255 Johnson Road, Southlake, Texas, opposed. " 1) This building does not serve the community; 2) This building was City of Southlake, Texas built in violation of an ordinance that was adopted by the community for good reasons - one being to protect the interests of property owners in the area." (Received 6/11/99) STAFF COMMENTS: The applicant is in the process of platting and zoning the property to a residential use. The applicant is requesting a Special Exception Use permit to allow an existing garage with an area of four hundred and sixty-eight (468) square feet, and an existing utility building with an area of five thousand one hundred and ten (5,110) square feet, for a total of five thousand five hundred and seventy-eight (5,578) square feet, to remain on the proposed Lot 2. The utility building was constructed without a permit from the Building Department. Code Enforcement informed the applicant that he was in violation of city ordinance by operating a business out of the building and by constructing it without a permit. The applicant has moved his business out of the building and is platting and rezoning the property to a residential use. The applicant has requested a Special Exception Use permit to allow him to maintain the utility building on the lot. According to the applicant, the building will be used for residential storage. BOARD ACTION: June 10, 1999; Voted to approve (4 — 0) with the condition that all necessary inspections be carried out by the Building Department to ensure that the utility building meets the applicable city codes for safety. L: \ W P-FILES' ZBA\MEMO\Z13A325 f. DOC ON *9 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-319 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 4, 4G2, 4G4, AND 4J, SITUATED IN THE J. J. FRESHOUR SURVEY, ABSTRACT 521, AND BEING APPROXIMATELY 4.56 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-lB" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-319.DOC Page I 7A-4 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably r expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, NACOMMUNITY DEVELOPMEN RWP-FILES\ZBA\PENDING\480-319.DOC Page 2 1A•1D WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby W COMMUNITY DEVELOPMEMMWP-FILES\ZBA\PENDING\480-319.DOC Page 3 7A. !1 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 4, 4G2, 4G4, and 4J, situated in the J. J. Freshour Survey, Abstract 521, and being approximately 4.56 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1B" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the (a, community. They have been made after a full and complete hearing with reasonable consideration NACOMMUNITY DEVELOPMENT)WP-FILES\ZBA\PENDING\480-319.DOC Page 4 among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued WCOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-319.DOC Page 5 w.0 violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY NACOMMUNMY DEVELOPMENnWP-FILES\ZBA\PENDING\480-319.DOC Page 6 qn-4 PASSED AND APPROVED on the 2nd reading the day of , 1999. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: MAYOR ATTEST: CITY SECRETARY NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-319.DOC Page 7 1A-15 EXHIBIT "A" WHEREAS, 1, Lee K- Huntley, am the owuer of a 4S6 acre tray of land situated in the 1. J. FRESHOUR SURVEY, Abstract No. 521, in the City of Southlake, Tarrant County, Texas according to the deeds recorded in Volume 12049, Pagc 808 and Volume 11366, Page 2032 of the Dcxxl Records of Tarrant County, Texas, said tract of land being a portion of that same tract described to Bill I Kendrick as recorded m Volume 8620, Page 1449, Deed Records, Tarrmt County, Texas and being more particularly described as follows: BEGINNING at the northeast corner of said Ketdrick tract at a 12 inch iron rod found for a corner; THENCE South 00 Jqp-ers 10 minutes 00 SOamds West, 475.02 feet to a 5/8 inch iron pm for comer; THENCE South 89 degrees 47 utuhutcs 40 seconds W ect, 131.88 fw w a 5/8 inch iron pin for come; THENCE South, 285.15 feet to a point for a corner in the centerline of County Road No. 4091 said point being 560.03 feet Notch 89 degrees 43 mmutes 42 seconds East from the Southwest corner ofthc said Fresbour Survty, THENCE South 89 degrees 43 minutes 42 seconds West, along the cau.Tline of said county road, 178.13 feet to a point for a comer, THENCE North 762.96 feet to a 5/8 inch iron pin for corner; THENCE South 89 degrees 43 minutes 47 seconds East, 31138 feet to the POINT OF BEGLYNNG and cooh®mg 199,793.20 square feast or 4.56 aeTe s of land more or Im. NACOMMUNITY DEVELOPSIEN-P,WP-FILES\ZBA\PENDING\480-319.DOC Page 8 4 City of Southlake, Texas STAFF REPORT October 15, 1999 CASE NO: ZA 99-081 PROJECT: Ordinance No. 480-318 / Second Reading/ Rezoning - A portion of Tract 2B, James L. Chivers Survey, Abstract No 348 STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Rezoning on property legally described as a portion of Tract 213 situated in the James L. Chivers Survey, Abstract No. 348, and being approximately 0.14 acres. PURPOSE: To correct an omission of this strip from the original zoning of the tract and eliminate split lot zoning. LOCATION: On the north side of Dove Road approximately 975' east of Ridgecrest Drive. OWNER: Warren Clark Development APPLICANT: Four Peaks Development CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -IA" Single Family Residential District LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Seven (7) RESPONSES: One (1) response was received from within the 200' notification area: Elaine Bell, 404 Lariat Lane, Godley, TX, no comment, "We have moved from Southlake. You are in fact informing us about the property we sold October of 1998. We do not need to be informed of zoning changes." (Received September 10, 1999.) P&Z ACTION: September 9, 1999; Approved (7-0) to table and to continue the Public Hearing to the September 23, 1999, Planning and Zoning Commission agenda placing it near the front of that agenda. A September 23, 1999; Approved (7-0). V City of Southiake, Texas COUNCIL ACTION: October 5, 1999; Approved (7-0) First Reading on consent. STAFF COMMENTS: Please note that a change of zoning to the "SF -IA" Single Family Residential District does not require a Concept Plan Review by Staff. NACommunity Development\WP-FILES\MEMO\99CASES\99-081Z.doc � r b' AC 3I 2 1 I �� Ear �5 4 C E 32� 3 2 1 TR 1C1A i 3.4 AC TR 281 4.0 AC i C. BELL I "SF-1 " A J. SHELTON A. GUTIERREZ "SF-1 A" TR 1 A "AG" 8.0 AC s 1IU Tll'ICfI 1.55 c 9 1.876 @ TA 1 J% C� 7 _ 1.586 @�*r 8 1.565 @ 5B d� . 081 @ 5 A 1.424 @ L4 1.5 @ 1 1.5 @ `Z A-R J. KOLDUS "S F-1 A" J. GILLILAND TR 2A 3 1.0 AC 1.5 r,AG„ ITS ,06 @ 68 1.00 2R 1.5 @ @ W z O E- L) TR BRAZOS r. to :,o ,20 ,:, 1B6 ELECTRIC .25 POWER AC CO-OP TR r' (� „ "AG" lAlE1 TR 1A2-A 3 C TR 1 B 1.3 AC L. H ESS 2. 0@ g ^I I )26 1.0 i� "AG"TR AC tA1C TR 1B7 0 0 50 AC T33R 15BAC 1 211 TR 1AIA I TR 1A1E @ a 5.0 AC YI ADJACENT OWNERS 1.0 AC ' AND ZONING I n. R AC ItoID�� 5.19 I CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-318 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 2B SITUATED IN THE JAMES L. CHIVERS SURVEY, ABSTRACT NO. 348, AND BEING APPROXIMATELY 0.14 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO `NSF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and N:\COMMUNITY DEVEL0PMEMIWP-FILES\ZBA\PENDING\480-3I8.DOC Page 1 ^�� WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, NXOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-3IS. DOC Page 2 18.W'w WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby WCOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-318.DOC Page 3 18.1 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a portion of Tract 2B situated in the James L. Chivers Survey, Abstract No. 348, and being approximately 0.14 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -IA" Single Family Residential Estate District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration N:\COMMUNITY DEVELOPMENTWP-FILES\ZBA\PENDING\480-318.DOC Page 4 a �y�9 among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting N:\COMMUNITY DEVELOPMENMWP-FILES\ZBA\PENDING\480-3I8.DOC Page 5 qb.Q zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY N:\COMMUNITY DEVELOPMEN1-\WP-FILES\ZBA\PENDING\480-318.DOC Page 6 10 PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-318.DOC Page 7 EXHIBIT "A" Being a portion of a tract of land situated in the JAMES L. CHIVERS SURVEY, ABSTRACT NUMBER 348, city of Southlake, Tarrant County, Texas conveyed to Warren Clark Development, Inc., by deed recorded in Volume 13493, Page 190, Deeds Records, Tarrant County, Texas, (D.R.,T.Co.,Tx.), and being described by metes and bounds as follows: BEGINNING at a 1/2 inch iron pin found in the north line of East Dove Road for the southwest corner of said Clark tract and the southeast corner of a tract conveyed to Becky Oliver by deed recorded in Volume 8116, Page 1262, D.R.,T.Co.,Tx.; THENCE North 00 degrees 44 minutes 28 seconds East, 465.68 feet to a 5/8 inch iron pin found for the northeast corner of said Oliver tract and the most easterly southeast corner of a tract conveyed to John M. Shelton by deed recorded in Volume 4400, Page 846, D.R.,T.Co.,Tx.,; THENCE North 88 degrees 24 minutes 32 seconds East, 14.66 feet to a point in the west line of a tract conveyed to Jim F. Burrows by deed recorded in Volume 4416, Page 254, D.R.,T.Co.,Tx.; THENCE South 01 degrees 05 minutes 20 seconds West, 465.80 feet to the north line of East Dove Road; THENCE South 88 degrees 24 minutes 32 seconds West, 11.83 feet to the POINT OF BEGINNING and containing 0.14 acres (6,163 SF) of land. N:\COMMUNITY DEVELOPlIENT\WP-FILES\ZBA\PENDING\4801318.DOC Page 8 % i City of Southlake. Texas STAFF REPORT October 15, 1999 CASE NO: ZA 99-075 PROJECT: Variance Request for the proposed Plat Showing of Lot 1, James Chivers No. 348 Addition STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: ZA99-075 Request for a variance under the provisions of Section 9.01 A of the Subdivision Ordinance No. 483-G for the proposed Plat Showing of Lot 1, James Chivers No. 348 Addition. PURPOSE: Receive a variance in order to file a single lot plat in the County Plat Records. LOCATION: On the north side of Dove Road approximately 975' east of Ridgecrest Drive. OWNER: Warren Clark Development APPLICANT: Four Peaks Development CURRENT ZONING: "AG" Agricultural District LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: None required STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated August 3, 1999. The applicant is requesting a variance to comments No. 3 and No. 4a as noted in the attached letter from the owner/applicant. A "Single Lot" Plat Showing is approved by staff and is not brought before the Planning and Zoning Commission or City Council for approval. On these types of plats, the applicant must comply with all requirements on the Plat Review Summary unless specifically varied by the City Council. NXOMMLTIITY DEVELOPMENT\WP-FILES\MEMO\99CASES\99075PSVARIANCE.DOC V Four Peaks Development, Inc. September 23. 1999 Mr. Edward McRov Citv of Southlake 667 N. Carroll Ave. Southlake. Texas 76092 RE: ZA 99-075 Response to Plat Review Summary Dear Ed: This letter is in response to your review summary dated 08/03/99. Please be advised that we will be happy to comply with the following numbered items and will have the plat reflect your requirements: 4.b.c.&d 5.a.b.&c 6 7 8.a-&b 9 Item 10 is not applicable as none of this property is subject to any 100-year floodplain area. We will furnish a Taxes Paid Certificate prior to the City filing this plat in the county records. Our zoning application has been recommended to the City Council by the P&Z and the first Council hearing will be October 5`h. Therefore, items 1 & 2 are being addressed and should be finalized at the October 19`s Council meeting. As You are aware, we do not think that item 3 should be a comment in as much as we do not agree with your interpretation of the wording of the ordinance. However, in any event we are herein asking for a variance to this since the shape of the property makes it impossible to comply with item 3. Item 4.1 is ridiculous. There is an existing home on this property served by the driveway onto E. Dove that we are currently having zoned. It is imperative that this requirement be deleted or waived. Thank You for Your attention to these matters. If you have anv questions or further comments please contact me at the address or numbers shown. Sincerelv. David McMahan Vice President fop SEP 2 81999 IM 726 Commerce St., Ste. 109 • Southlake, TX 76092 0 (817) 329-6996 • Fax (817) 481-4074 ^:-. _1 [l_..1L1_I-- T viLy vL .wuuuarNU. JUAaa Case No: ZA 99-075 PLAT REVIEW SUMMARY Review No: One Project Name: Plat Showing, - Lot 1, James L. Chivers No 348 Additi Chivers Survev, Abstract No 348 APPLICANT: Warren Clark Development 16250 Dallas Parkway STE 210 Dallas, TX 75248 Phone: (972) 931-8971 Fax: (972) 931-8975 Attn: Jim Russell SURVEYOR: Area Surveying, Inc. 102 W. Trammell St. Date of Review: 08/03/99 3.954 acres out of the J. L Ft. Worth, TX 76140 Phone: (817) 293-5684 Fax: (817) 293-5685 Attn: Rodger Hart CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/06/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT EDWARD MCROY AT (817) 481-5581, EXT. 880. No Plat shall be approved until proper zoning embracing such plat has been approved and duly adopted by the City (Ord. 483, Section 4.01C). In addition, Ord 480, Section 33.15 does not permit a lot with more than one zoning classification. Approximately 466' of the southern "panhandle" portion of the proposed lot is zoned "AG" with the remainder being zoned "SF-1A". The entirety of the proposed lot must have a singular approved zoning classification. 2. The proposed lot must comply with the approved zoning classification District Regulations of the Zoning Ordinance No. 480. For a residential zoning classification (i.e. "SF -IA'), the lot must have a minimum width of 100' at the minimum front building line (40' for SF-1 A). 4. Add the following notes to the face of the plat: a. No lot within this addition shall be allowed driveway access onto E. Dove Street. (Variance Required) b. The City of Southlake reserves the right to require minimum finish floor elevations on any lot contained within this addition. The minimum elevations shown are based on the most current information available at the time the plat is filed and may be subject to change. Additional lots, other than those shown, may also be subject to minimum finish floor criteria. The City of Southlake shall NOT be liable for any claims, damages, or losses which may occur on account of flooding or inundation of any lots reclaimed, and the owner and subsequent owners of any such lots agree to release the City.from any and all such claims, damages, and losses. N:\COMMUNITY DEVELOPMENT\WP-FILES\REV\99\99075PS1 LOT 1 J.L. CHIVERS NO 348 ADDN..DOC Page 1 1C.4 City of Southiake, Texas d. Provide the "Avigation Easement and Release " per Appendix 3 on the face of the plat. This must be executed by all owners prior to filing this plat in the County records. The following changes are needed with regard to easements: a. If any, show and label the type, size and deed record of all existing easements recorded by separate instrument. a. Show and label the type, size and deed record of all existing easements on the property. b. Provide easements for water, sewer and/or drainage, which may be required by public works. The Driveway Ordinance No 634 requires a minimum residential driveway width of 12'. The minimum width of the panhandle at the frontage of the proposed lot is approximately 11.83'. Provide common access easements as needed through adjacent properties to provide for vehicular access to this site 6. Place the City case number AZA 99-075" in the lower right-hand corner of the plat. 7. Provide the standard approval block for a single -lot plat showing as per Appendix 9 of the Subdivision Ordinance. The following changes are needed with regard to the legal description: a. In the fourth (0) call from the beginning the distance indicated does not match the graphic. b. In the fifth (5`h) call from the beginning, the bearing indicated does not match the graphic. 9. Label the adjacent "Shelton Tract with the words "Approved Preliminary Plat SheltonWood". 10. If applicable to this site, show the ultimate 100-year floodplain limits and tie down the ultimate condition 100-year floodway by metes and bounds. Designate the area inundated by the ultimate 100- year storm as a drainage easement. 11. A ACertificate of Taxes Paid= from each taxing authority must be provided to the City prior to filing this plat in the County records. The northern portion of this property lies within the existing boundary of the approved preliminary plat for "SheltonWood" (City Case No. 98-110). The proposed platting of this property and removal of this property from the SheltonWood preliminary plat, may require approval of a revised preliminary plat prior to any further development of the SheltonWood property. The applicant should consult with the City Fire Marshall with regard to emergency access and fire protection requirements. N:\COMMUNITY DEVELOPMENT\WP-PILES\REV\99\99075PSI I J.L. CHIVERS NO 348 ADDN..DOC Page 2 -5 City of Southlake. Texas * The applicant should be aware that approval of a single -lot plat showing is conditional to the stipulations of this Plat Review. Any variances requested must be submitted to the Planning Department in writing with a request to be brought before the City Council for approval. * It appears that portions of this propem, lies within the 65 'LDN D/FW Regional Airport Overlay Zone which will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479 and execution of the AAvigation Easement and Release= shown in Appendix 3 of the Subdivision Ordinance No. 483 on subsequent Plats to be filed in the County Plat Records. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and minimum finish floor elevations are established. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x I V or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. * Denotes Informational Comment cc: Area Surveying, Inc. VIA FAX: Above Warren Clark Development VIA FAX: Above Four Peaks Development VA FAX: (817) 481-4074 Attn: David McMahan N:\COMMUNITY DEVELOPMENT\WP-FILES\REV'., 99\99075PSI LC- 1 J.L. CHIVERS NO 348 ADDN..DOC Page 3 rn rn Q) c• p 0 J I �� a Z• e _ i3� P, ��7Y g $ s R — Oil 12 Y �i �`�` $ �'A RYA- st 64 zwwg n 6i � s�vts3 W � rl _ YIAIks •I ( u o ei \{�� ±•' -e `�s � c i Ai9 '1^d Aft ^T \ Pow [.y e J T "p t��. f KL�d'9iM •'T'A Jig:• li < xoti rd �, ..,� . I n 16% i 0;1 yy L0Aans 11aAIf m 19 69r 3.1L..r DO •( �3tiwy`.-1 - -/,+y •' �• n+n. we'bed 0. +F'n Z9.1 .boa '':9..vy ^41 A�W9 .•YAK' 'v9^B.f P. wy.{; •a W U qc-q City of Southlake, Texas I .I MEMORANDUM October 15, 1999 To: Honorable Mayor and Members of City Council From: Billy Campbell, City Manager Subject: Ordinance No. 758, 2nd Reading, Consolidation of the Public Works and Engineering Services Departments Action Requested: Consideration of Ordinance No. 758, 2nd Reading, amending Chapter 2, Administration, Southlake City Code, as amended, consolidating the Public Works and Engineering Services Departments into the Public Works Department. Background Information: On April 20, 1999 City Council approved the creation of the Engineering Services Department. Since this time the organizational structure of Public Works and Engineering has been re-evaluated by the Ron Harper and myself. Organizational refinements have taken place, such as creation of the positions of Public Works Operations Manager and City Engineer (no new personnel), that has made operations more efficient and accountable and has re-established the need for a single director to deal with the coordination of these functions. Since early July, Public Works and Engineering have been managed as one and this Ordinance will formalize existing conditions. City Council approved this ordinance on first reading on October 5, 1999. Financial Considerations: None. No new positions are required. Citizen Input/ Board Review: None. Legal Review: The formation of a department requires City Council action by ordinance. The attached ordinance has been forwarded to the City Attorneys for review. Alternatives: Maintain two separate departments. 7iD- / Honorable Mayor and Members of City Council Ordinance No. 758 Page 2 Supporting Documents: Ordinance No. 758 Staff Recommendation: Staff recommends consideration of Ordinance No. 758 on second reading. Approved for Submittal to City Council: Ci M d ager's Office CITY OF SOUTHLAKE ORDINANCE NO.758 AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION", OF THE SOUTHLAKE CITY CODE (1996). AS AMENDED, BY CONSOLIDATING THE DEPARTMENTS OF ENGINEERING SERVICES AND PUBLIC WORKS INTO ONE DEPARTMENT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the local Government Code; and, WHEREAS, pursuant to Section 4.01 of the Southlake City Charter, the City Council has the power by Ordinance to establish administrative departments and may redesignate existing departments or administrative offices; ZD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1. ADMINISTRATIVE DEPARTMENTS That Section 2-106 of Chapter 2 of the Southlake City Code is amended as follows: Sec. 2-106. Established; enumeration. "As provided by section 4.01 of the city Charter, the city council hereby establishes the following administrative departments: department of general government, to be headed by the city manager; department of public safety, to be headed by the director of public safety; department of public works, to be headed by the director of public works; department of finance, to be headed by the director of finance; department of planning, to be headed by the director of planning; department of community services, to be headed by a director of community services; and department of economic development, to be headed by a director of economic development." SECTION 2. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable and is any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in its ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1999. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY -- � ay of 5uutmaKe, texas STAFF REPORT October 15, 1999 CASE NO: ZA 99-089 PROJECT: _Resolution No. 99-74 - Specific Use Permit - Kennel for Fireplug Inn STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Specific Use Permit for a kennel per Zoning Ordinance No. 480, Section 45.1 (16) on property legally described as Lot 3R, Block B, Hart Industrial Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4901, Plat Records, Tarrant County, Texas, and being approximately 3.410 acres. A Concept Plan for Lot 3R, Block B, will be considered with this request. PURPOSE: To obtain approval for a kennel operation. LOCATION: On the south side of Hart Street approximately 450' east of Brumlow Avenue OWNER: SLJ Hart, Ltd. APPLICANT: Women's Interest Network, Inc. dba "Fireplug Inn" CURRENT ZONING: 1-1" Light Industrial District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Fourteen (14) RESPONSES: Three (3) responses were received from within the 200' notification area: • Vern Lawrence, Exchange Blvd II, Inc., 2865 Exchange Boulevard, Southlake, TX, in favor, "More business for Southlake/ Kennel within 2 blocks now." (Received September 27, 1999.) • Gerald A. Boyle, 3301 Westover Court, Grapevine, TX, undecided. (Received October 4, 1999.) • Scott Malone, 1228 King, Bedford, TX, in favor, "Appropriate safeguards within zoning provision and potential consumers of this service will insure a quality & caring pet environment facility. (Received October 11, 1999.) 1 ld \ sty Qj .jQUt1i1i KU, �LXdS _�_---- P&Z ACTION: October 7, 1999; Approved (6-0) subject to Concept Plan Review Summary No. 2, dated October 1, 1999, adopting Fireplug Inn's letter dated September 20, 1999, in its entirety and making the items listed in the letter requirements of the S.U.P. but making the following amendments: • Health issues: Current vaccinations required as recommended by the American Veterinary Association including Bordetella for kennel cough but instructing the applicant that if that is not the correct name of the association or if they do not have a recommended vaccination list, then take to City Council the name of an association that does have a recommended list of vaccinations and a list of those vaccinations; • Sanitation issues: Yard picked up after each group of dogs is outside with a maximum of I Y hours between each pick up; Waste disposed in airtight containers in outside trash dumpster for regular pickup; Use a product on the grass to eliminate the urine smell by using the product directions and instructing the applicant to investigate such products and have a name of a specific product she intends to use and the specific directions for such product by the time she goes to City Council; • No breeding; • No regular veterinary services; • Limiting the number of dogs allowed to 65; • Limiting the S.U.P. to January 1, 2001; • Requiring a 1:13 ratio (one staff member per 13 dogs); • Acknowledging the owner's willingness to revise the Concept Plan by removing the west driveway and removing the seven parking spaces closest to the east driveway; • And limiting this S.U.P. for dogs under 25 pounds. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated October 1, 1999. NACommunity Development\WP-FILES\MEMO\99CASES\99-089su.doc !&Aye r V, /A\ a I1t 2A 3 IiY 1.51B AC °240- 25 X 26340 Lf2 170 133 IV 179 CONTINENT -- -- -- -- -- -- -- -- caNTiR NrarMND --- --- TF TR 2A TR 2A2 TR 1 A2 za Ac 22 AC .63 AC T TRd2A1 5TR 2F TR 2F1 T. 1 AC E.3 AC I 2 I d' I MJ• oN 250 15D 215 r R 5 n ' $ 11 I _ A a �� N 1525 I -- O 210.3 1Dp 1 gl oil _ 1 11 J. MORSE S. MALONE. G. BOYLE R. VAN TIL I 263 ISO 150 216 HART CT 53 11A^11 _111 V 1�`'A'A 1 SPENCE 5 CORP. - 1 D a 71 r 195 211 C. EMERY pq HH "AG" 0 o H- THOMPSON 0 4 0 - ��= A i TR 1A 31.61 AC I O J. WRIGHT I I \ "AG" 1 w ^11 TR 1 66,AC TR 2E6 3.5 AC TR 5 ADJACENT OWNERS AND ZONING 2.29 AC TR 2G 3.907 AC - TR 2E7 1.21 AC TR .31 FIREPLUG INN The Fireplug Inn will be an upscale business offering day care, grooming, and hotel service for dogs under 25 pounds. The concept for this business has been patterned after a similar business in Farmers Branch, Dallas County, and would be the first of its kind in Tarrant County. Decor: • Patio concept used in main room • Vinyl coated wicker furniture with brightly colored pillows • '''Time out" room for dogs having trouble adjusting to social environment • Abundance of green plants, ceiling fans, and a fountain — like one's own home • 6' privacy fence surrounding entire yard Day Care: • 10-12 dogs for day care each day • Same concept as child day care — supervised play • Dogs socialize with other dogs their same size • Opportunity to play during the day rather than being lett home alone Hotel: 43 suites available in hotel Dogs play inside/outside during the day with supervision • Elevated beds with bedding provided Individual 4' x 6' suites for each overnight guest 4' x 8' suites to accommodate 2-3 "same family" dogs Hours open to public: • Monday -Friday: 7:30am to 6:30pm; convenient for pet parents who work Saturday: 8:OOam to 6;00pm • Sunday: 4:Oopm to S:OOpm courtesy pickup by pet parent Health issues: • Current vaccinations required, including Bordetella for kennel cough Vaccination records verified and updated every 6 months Family vet used if needed; local vets identified for use in emergencies Sanitation issues: • Indoor "accidents' to be cleaned up immediately using disinfectant • Furniture vinyl coated for easy cleaning • Fabric on furniture, pillows, and bedding washed daily • Yard picked up after each group of dogs is outside • Disposable latex gloves used for health and safety of employees • Waste disposed in outside trash dumpster for regular pickup • Preventative pest control used on a quarterly basis Noise/odor issues: • Not all dogs to be outside at same time, minimizing outside noise • Agreement with builder to install additional insulation between two halves of building • Deodorizers to be used with disinfectants • Screens on windows allow for fresh air, with ceiling fans in each room for circulation • No wooden furniture or upholstery used that would absorb odors J�-5 REC'D S E P 2 Q 1999 amity of ,,outniaKe, texas - CONCEPT PLAN REVIEW SUMMARY Case No: ZA 99-089 Review No: Two Date of Review: 10/01/99 Project Name: Specific Use Permit (Concept Plan) — FirePlug Inn, request for an indoor kennel, being Lot 3R. Block B, Hart Industrial Park APPLICANT: SLJ Hart, Ltd.. 2875 Exchange Southlake, TX 76092 Phone: (817)481-3223 Fax: (817) 481-4070 Attn: John Dorety ENGINEER: BCI 4700 S. Edgewood Terrace Fort Worth, TX 76119 Phone:(817) 536-6050 Fax: (817) 536-8750 Attn: Clifford Clapp CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/20/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT EdWARD MCROY AT (817) 481-5581, EXT. 880. (:'imps] nevelnnment Standards Annlies Comments Corridor Overlay Regulations N N/A Residential Adjacency N N/A. Building Articulation N N/A Masonry Standards Y Evaluated during Building Permit Process Impervious Coverage Y Complies Bufferyards Y See Comment No. 1 a Interior Landscape Y See Comments No. 2. Driveways Y See Comments No. 3a. & 3b. l . The following changes are needed with regard to bufferyards: a. Provide the minimum required bufferyards and plantings in accordance with the attached Bufferyard Summary Chart. A variance is required for any reduction in plant materials below the required amounts. b. Clarify the type of screening fence intended along applicable sections of the property boundary. 2. Provide the minimum required interior landscaping areas and plantings in accordance with the attached Interior Landscape Summary Chart. A variance is required for any reduction in plant materials below the required amounts 3. The following changes are needed with regard to drives: U-6 slly UN JUuulitAKU, it;nd5 a. Provide a minimum separation of 100' between drives centerline to centerline. The proposed drives are spaced at approximately 79'. (Variance Requested) b. Provide a minimum stacking depth of 75'feet on the proposed drives. Stacking depth is measured along the drive centerline from the R.O.W. line to the first point of turning movement (i.e. parking space, intersecting drive etc.). The applicant proposes stacking depths of 25' 6" on one drive and 25' 5" on the other drive. (Variance Requested) * Although not required by ordinance, staff would appreciate placing the City case number "LA99-089" in the lower right corner for ease of reference. * Total required parking has been estimated based upon the total floor area of uses indicated in the Site Data Chart. The actual required parking throughout the site will be determined during the Building Permit/C.O. process. A change in tenants or distribution of uses, from what is depicted, may result in a requirement to provide additional parking and/or drive stacking depth. * The applicant should be aware that prior to the issuance of building permits, fully corrected site plans must be submitted to the Building Department along with landscape plans, irrigation plans, and building plans. All required fees must be paid. Required fees may include but not be limited to the following fees: Park Fees, Impact Fees, Tap Fees and related Permit Fees. * This review is based on the "I- I" Zoning District Regulations. * Although no review of the following issues is generally provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances. • Masonry requirements per §43.9C 1 a, Ordinance 480, as amended and Masonry Ordinance No. 557. • Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-13 and 43-C on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in §43.9C3h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended. • Spill -over lighting and noise per §43.12, Ordinance 480, as amended. • Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. • Fire lanes (must be approved by the City Fire Department) • Off-street loading space requirements per § 36, Ordinance 480 as amended. No loading area may be used for sales, repair work, storage, dismantling, or servicing of any vehicles. equipment, materials or supplies. rIf-q uity of zDuuwiaKU, iuxas — Denotes Informational Comment cc: BCI SLJ-Exchange Women's Interest Network DBA D.U.0 I,:\COMDEV\ W P-FILES\REV\#CPLAN-2. W PD VIA FAX: VIA FAX VIA FAX: ABOVE ABOVE Through SLJ-Exchange -S CASE 99-089 - SUMMARY CHART - BUFFERYARDS Location Length Bufferyard Width - Type Canopy Trees Accent Trees Shrubs Fence / Screening Height & Material North Required None None 0 0 0 None Provided None None 0 0 0 None East Required 413' 5' - A 4 8 33 None Provided 413' 5' - A 4 8 33 None South 1 Required 321' to'- Ft 10 19 26 6' Type F 1 Fence Provided 321' 10' - F 1 10 19 26 6' Fence -South--'-- -Required -76— - - I Q; i-r t-) -D t's:li Ki v-5, - - -_6 - -.6' Type F 1..Eence Provided 76' 10' - F1 2 5 6 6' Fence West I Required 209' 10' - Ft 6 13 17 6' Type F 1 Fence Provided 209" 10' - Ft 6 12 16 6' Fence West 2 Required 206' 5'- A 2 4 16 None Provided 206' to'- Ft 2 4 16 None Notes Other Comments: 1. Specific plant types and locations are subject to review by the Landscape Administrator during the building permit application process. Credits for a reduction in required plant materials, as specified by city ordinance, will be determined during this building permit process. 2. A minimum of 50 % of all canopy trees planted on the site must be 2" in caliper and 50% must be 4" in caliper. This includes plantings in bufferyards as well as interior to the site. 3. Accent/tJnderstory trees are required to:be a minimum of 4' in height when planted. 4. All plant materials are to be maintained for I year from the date of the issuance of a C. O. SUMMARY CHART - INTERIOR LANDSCAPE Required or Landscape Area % of area in Canopy Accent Shrubs Ground Cover Seasonal Provided (Sq. ft.) front or side Trees Trees (Sq. Ft.) Color Required 8,392 75% 14 28 140 839 N/A Provided 4196 100%+ 7 14 70 420 N/A Notes Other Comments: I . Specific plant types and locations are subject to review by the Landscape Administrator during the building permit application process. Credits for a reduction in required plant materials, as specified by city ordinance, will be determined during this building permit process. 2. A minimum of 50 % of all canopy trees planted on the site must be 2" in caliper and 50% must be 4" in caliper. '['his includes plantings in bufferyards as well as interior to the site. 3. Accent/Understory trees are required to be a minimum of 4' in height when planted. 4. All plant materials are to be maintained for 1 year from the date of C.O. issuance 10 •` � Aprr rAA a a i : `e` � tip9 pr •��tt = w qq !S 0 x I:J L]Y Acrnu - I- ��,. r • a g tn U 1, rn rn a') louwdxoa�,_ a'�ij 1nan nolb - (•M•o,a ,09)- — - — - — - — - — - — - - - - 7- < i 11r ------------e -�Z-°�K-------------�-- 113R/31M7 _ 113RA3M� 31111 7NIa11fIB ,r7E - A 4 NOIDMISW) 890NO 3Mnln3 x— (lro-ri m sue) -R FAm3?lVMr"m 'd'S Oro'9 _ \ - 3snasilVMmm 'd'S ft'S -0 I I I VAmdr 1T � %bs>r.z `IM57AINR7r>; ; 3-------- ,---- i I L ^ - I� 11MIM., 4 I 1 0% bV S fd i I I 1 �. ': K1 I i➢ � I - - - 3NVT3Mw n aroamm 321nin3 A �(hm,wv��-t"t�Gvm rh) r4UK atr'V� M '19 001'b 1T3BI13iM i� P7 i im a3u • a.n.1 199'0zi N agrar fl01RI� i 37/d5 71aar01 p5 sm R I R ; 3JrdS 7111oV01 m% o; ,p X b 51J Ids L -rot . j 4 3Hntn-A I I 3SlIOFfRlVMl37L�0 'd'S Orb'S I �� I F � i r` ml w I 11 37N1d a(XJM ,9 I{SCtlk4 111FN3?217 I \r M N z � ^ W U; O � T f ` 6-ID 101YAT9 KLnx w— aI ld� "IVATR HLwm Ig-n Resolution No.99-74 Page 1 RESOLUTION NO.99-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A KENNEL ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 3R, BLOCK B, HART INDUSTRIAL PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 4901, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 3.410 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for a kennel has been requested by a person or corporation having a proprietary interest in the property zoned as "I-1" Light Industrial District; and, WHEREAS, in accordance with the requirements of Section 45.1 (16) of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for a kennel on the property being legally described as Lot 3R Block B Hart Industrial Park, an addition to the City of Southlake, Tarrant County, %-12 Resolution No.99-74 Page 2 Texas, according to the plat recorded in Cabinet A, Slide 4901, Plat Records, Tarrant County, Texas, and being approximately 3.410 acres, more fully and completely described in Exhibit "A", and as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1999. ATTEST: Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE BY: Rick Stacy, Mayor IE-13 Resolution No.99-74 Page 3 APPROVED AS TO FORM: City Attorney City of Southlake, Texas L*1 NACOMMUNITY DEVELOPMENT\WP-PILES\ZBA\PENDING\KENNEL.DOC %-A Resolution No.99-74 Page 4 EXHIBIT "A" Lot 3R, Block B, Hart Industrial Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4901, Plat Records, Tarrant County, Texas, and being approximately 3.410 acres. EXHIBIT `B" WCOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\KENNEL.DOC ge-15 Resolution No.99-74 Page 5 - . - a�cc��cc . ©o� w' : ma�0000�e ��0 . oa����o I. �� Eau 9 DU :41 . i it EXHIBIT "B" . MON ------- ----- ----- --- ------ molt Nf m uj wiix&gw a3aNn (M"sm M) rAmwovnw ..fs ows -T-T-TT-FT-FT-T i I rNdT "M A 9 IN IN.6 %Wm 0; x p --------------- A- ----------------- ------ ----------- 19 96utu RVH3SVKrJ:)lM '19 001 b 7, r�7 Qg ou m .cc to bQ S -N aim U"w ]a -aim cn cn cn H'6�- NACOMMUNITY DE Vl---I.()]'M 1-.N'RW P-Fl I.ES\7,BA\PEN DING\KENNEL. DOC IIE-16 City of Southlake, texas STAFF REPORT October 15, 1999 CASE NO: ZA 99-080 PROJECT: Preliminary Plat - Lots 1 - 4, Block 1, Sabre Group Campus STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Preliminary Plat for Lots 1 - 4, Block 1, Sabre Group Campus on property legally described as being Tracts 1, 1 A 1, IC, 2A 1, 2A2, 2A3, 2A4, 2A5, 2A7, and portions of Tracts 2A and 2A6 situated in the U.P. Martin Survey, Abstract No. 1015; portions of Tracts 1 and 1 C situated in the James B. Martin Survey, Abstract No. 1134; and portions of Tracts 3A1, 3AIA, 3A1A2, 3A3A1, 4B, 4131, 4132, situated in the Rees D. Price Survey, Abstract No. 1207, and being approximately 150.7244 acres. PURPOSE: Preliminary plat is required in order to final plat. LOCATION: On the southeast corner of the intersection of State Highway 114 and Kirkwood Drive. OWNER: Maguire Partners APPLICANT: The Sabre Group CURRENT ZONING: "NR-PUD" Non -Residential Planned Unit Development District with "0-2" Office District uses and certain other permitted and accessory uses which are generally related to communication, computer, and information technologies; training and conference centers; parking structures; heliport/stop and verti-port/stop; hotel, restaurant, retail and office uses LAND USE CATEGORY: Mixed Use, Medium Density Residential, 100 Year Flood Plain NO. NOTICES SENT: Five (5) RESPONSES: None P&Z ACTION: October 7, 1999; Approved (6-0) subject to Plat Review Summary No. 3, dated October 1, 1999, deferring Item #1 (requirement of a plat including all of the land) for the southern portion of this tract which is not being developed at this time. *1 �,Ity ui ouuuuumu, ou,\aa STAFF COMMENTS: Attached is Plat Review Summary No. 3, dated October 1, 1999. NACommunity Development\WP-FILES\MEMO\99CASES\99-080PP.doc qA-I � 1 ITBl I � w AC 1 k � 1 4, RY A—L5- L4 t i Y A-160-/D 3 NEY A-742 1 TR 1 �N 1 S LA 4 1 1. 1 1 i 1 1 1 ' 1 I :L. bC = AU - A-120. •fit IG lz AC ,VEIR VEY A-- TR IF = AC skjo 0710 COLO, ve VEY 5880 110 "NR-PUb,, - - - - - - - - - - - ?I "AG" A. OIEN 5 V1 1Y 6 U.S.A. "AG" 1-106 U.S.A. A.OtEN A Ai "NR-PUD" MTP-IBM PHASE 11 & Ill- JV inn pAllg cjyl 01 nnun MY Lntm MTP4BM PHASE 11 Ill. ADJACENT OWNERS AND ZONING IF TA-4 1� "AG" PARK CITIES LIONS CLUB MIP lu IAS II 'R-PLJD MTP-IBM 1111ASE 11 & Ill. JV MTP-IBM PHASE It A Ill, JV INTERNATIONAL BUSIN"S UWAINES mfF, IBM PHASE 11 A Ill, JV 6TP-IBM 1111ASE 11 A Ill; JV "R-PUD" MTP-IBM PHASE 1116 III.JV l.iiy UI JUUd laKe, Texas -_-. Case No: ZA 99-080 PLAT REVIEW SUMMARY Review No: Three Date of Review: 10/1/99 Project Name: Preliminary Plat — Sabre Group Campus Addition , being 154.80 acres out of the U.P. Martin Survey, Abstract No 1015 and the R.D. Price Survey, Abstract No. 1207, W. Medlin Abstract No. 1958 APPLICANT: The Sabre Group P.O. Box 619615 DFW Airport, TX 75261 Phone: (817) 967-3986 Fax: (817) 967-4914 Attn: Jeff Stewart SURVEYOR: Brockette — Davis- Drake, Inc. 4144 N. Central Expwy., Ste 1100 Dallas, TX 75204 Phone: (214) 824-3647 Fax: (214) 824-7064 Attn: Jim Riley CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/16/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT LISA SUDBURY AT (817) 481-5581, EXT. 862. This preliminary plat conforms to the Concept Plan which approved private streets in lieu of public and the abandonment of the exiting dedicated rights -of -way. A plat including all of the land, currently owned by 300 Convent Street Corp., which has not been previously included in any plat (either approved or filed of record) shall be presented to the City for approval. NOTE: Ordinance No. 483, Section 2.0LA, "Every owner of any tract who engages in the act of subdivision of property shall cause a plat to be made thereof." (Variance Requested) (P&Z Aclionl0/7/99; Defer the preliminary plat for the southern portion of this tract which is not being developed at this time.) 2. The I611owing changes are needed regarding easements: a. Provide easements for water, sewer and/or drainage as required by Public Works. Public Works is currently reviewing construction plans. b. Where adjacent property is unplatted or platted showing a 5' U.E., provide a 5' U.E. along the property line; if adjacent property is platted and shows no easement, provide a 10' U.E. along the interior of the property line. Staff recommends the applicant relocate easements in an effort to minimize tree damage and avoid natural areas as noted on the concept plan. NOTE: Existing dedicated rights -of -way and easements must be abandoned by processing an abandonment request through City Council. A notation regarding the City Ordinance and references to Quit Clam Deeds, approving the abandonment shall be shown on the final plats, prior to filing. (The rights -of -ways dedicated by the MTP-IBM plats should be replatted into the lots following the ordinance approvals.) P&ZAction: October 7, 1999; Approved (6-0) subject to Plat Review Summary No. 3, dated October 1, 1999, and as noted above. 1 city of Soutifiake, texas It appears this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone requiring construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479 and execution of the "Avigation Easement and Release" shown in Appendix 3 of the Subdivision Ordinance No. 483 on subsequent Plats to be tiled in the County Plat Records. A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. Denotes Informational Comment cc: Jeff Stewart VIA FAX ABOVE Jim Riley VIA FAX ABOVE Tom Allen 817-430-8750 Fax - --- . iiy 00i JUUlilidKU, iuAd* TREE PRESERVATION ANALYSIS (NON-RESIDENTIAL DEVELOPMENT) Case: 99-080 Date of Review: 9 - 9 - 99 Number of Pages: 1 Project Name: Sabre Group Campus (Preliminary Plat Resubmittao OWNER: The Sabre Group 4255 Amon Carter Fort Worth, TX 76115 Phone: (817) 963-1118 Fax: PREPARED BY: Brockette, Davis, Drake, Inc. 4144 N. Central Expwy, Suite 1100 Dallas, TX 75205 Phone: (214) 624-3647 Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481-5581 EXT. 848. TREE PRESERVATION COMMENTS: The applicant has submitted a Tree Survey with the first submittal of the Preliminary Plat but it does not meet the requirements of Schedule B of the Tree Preservation Ordinance. The proposed location of Kirkwood Blvd. is not shown and the limits of the park dedication property are not shown. 2. The survey locates trees within the park dedication property. Unless an easement or construction is going to be proposed within the park dedication area the trees do not need to be surveyed. The surveyors should be concentrating on locating protected trees within the limits of proposed construction. When the Site Plan is submitted for review the Tree Survey should be submitted in sections and enlarged for each area of proposed construction. The submittal of building plans should also be this way. As the Tree Survey is shown with the submitted Preliminary Plat it is difficult to locate specific trees to determine the effects of construction. It would help if the trees were physically tagged with a survey number so they can be located easier. Tagging the trees also provide fixture maintenance benefits. y All area within public R.O.W., public utility or drainage easements as shown on an approved Final Plat, and the fire lanes, required parking areas and area within (6') of the building foundation as shown on an approved Site Plan shall be exempt from the tree protection and replacement specified in the Tree Preservation Ordinance. BUILDING INSPECTIONS 7a-1 - - ----- -- ----- - ---- Gay of 5euthlake, Texas * All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this lot. Please be aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-A. BUILDING INSPECTIONS W2 CID 'J 7. Ld LU Vrae Cleo tyy& x`gR9n�8e:�_^�IRF&aBa R`�„hqE�§:.S7ta8a eR:a?S 3^„e.;�RS___..8�_^n.ZdYa.„RSR�Y� S4 A�Rg„R � �. :.I S I .:S£ :2R.•'.^i:Y« ��"a .R.563R88�'�RSC�NS�ESNN8NNZN�zzzz:azN�»».�+NNNu�R���Bf rEpdBp:kW $�`RB o'" 6R�8,.^.^4�R-OS^^„RRR8R�8f.=''�_='E.3.,^6•��AM1R'8. 8r 8?R^i1��rv'^^n�aRkr^.g��."�,Q.,S�I uu........... 1w W............,. r�7n�ERor•�R�� R b.^.•,A=agbneT�Ba�a:^9 -��.n I .... W.....,., 8 .r^.�:, I ., a8 .. 1 �M1fX 3 �37a „ — - - — - - — - - -#*Ojbl*w—u - - — - - ------ Pi_t di- �o -yh fS� J - - n� `�o♦Z BPJq Ig in - sit Elm SM APT 61 101 14V 7E pit J.; Ln D cr) CD CL UO CO lu 00 (Dan H AP'SO i I p Ph" � dh xyRioInd & . f" .1 Q•q,JQ ZU �i- Rfr 41h H 11011-51 jig if 1 A I A A IPA Q lug 1, WI tu n 9 5 al Vs its 12: it 7 A- 1b City of Southlake, Texas OR MEMORANDUM October 15, 1999 TO: Billy Campbell, City Manager FROM: Valerie Bradley, Assistant to the Public Works Director, x773 SUBJECT: Authorize the Mayor to execute lease agreements with Cook Inlet/VoiceStream PCS, L.L.C. for the placement of a wireless communications antenna on the Dove, Florence, and Miron water towers. Action Requested: Authorize the Mayor to execute lease agreements with Cook Inlet/VoiceStream PCS, L.L.C. for the placement of a wireless communications antenna on the Dove, Florence, and Miron water towers. Background Information: Cook Inlet/VoiceStream PCS has requested to lease space on the Dove. Florence, and Miron water towers for the placement of wireless communications antennas. This request also includes ground up -its at the tank sites. Cook Inlet/VoiceStream agrees to pay $11,040 per site annually for an initial term of five years. The total yearly revenue generated from the three sites will be $33,120. The city's five-year revenue intake from these leases will total $165,600. The leases also allow for four additional five-year extensions. For each extension period, the yearly rate would increase by 15 % of the previous lease period's rate. Consequently, the per site yearly rates for each extension period would be $12,696.00, $14,600.40, $16,790.46, and $19,309.03. The city stands to gain $1,116,539.85 in revenue if all four extensions are used at all three sites. The terms of these lease agreements are the city standard for antennas and equipment placed on city water towers. The City Attorney has extensively reviewed the agreements and determined that they are legally sound. In addition, the presence of these antennas will not interfere with the daily operations of the towers. 1 OA-1 Billy Campbell, City Manager October 8, 1999 Page 2 of 2 The city currently maintains eight other comparable lease agreements. The Bicentennial Park water tower has three antennas, the Dove and Florence towers have two, and the Miron tower has one. Financial Considerations: The City of Southlake will receive $33,120 annually from the three sites for five years, totaling $165,600. Citizen Input/ Board Review: None. Legal Review: The City Attorney has reviewed and approved the agreement. Alternatives: Approve or Deny. Supporting Documents: Ground and Tower Lease Agreements Staff Recommendation: Place the aforementioned agreement on the October 19, 1999 City Council Agenda for Council review and authorize the Mayor to execute the agreement. VB/mh Approved for Submittal to City Council: City Manager's Office 1 OA-2 GROUND AND TOWER LEASE AGREEMENT 1*... SITE ID:DA2236 THIS GROUND AND TOWER LEASE AGREEMENT ("Lease") is entered into as of this _ day of , 1999, by and between City of Southlake, Texas, a municipal corporation ("OWNER") and Cook Inlet/VoiceStream PCS, L.L.C., a Delaware limited liability company ("TENANT"). In consideration of the premises and of the mutual obligations and agreements in this Lease, the parties agree as follows: 1. THE PROPERTY A. OWNER is the titleholder of that certain real property commonly known as the proposed Elevated Water Tower, ("Tower") at 2300 N. White Chapel Blvd., City of Southlake, County of Tarrant, State of Texas ("OWNER's Property") which is described on the attached Exhibit "Al." The parties agree that the legal description of OWNER's Property may be attached as Exhibit "A 1 " after execution of this Lease. B. TENANT hereby desires to lease a portion of OWNER's Property, and a certain portion of the elevated water storage tank (`Tower") located on OWNER's Property, together with obtaining a right of access and a right to install utilities (the -'Property") as set forth in Exhibit "AY. The Property and landscaping requirements, including any fencing, are to be determined by the OWNER in advance of the placement of any TENANT's equipment. TENANT may terminate this Lease without penalty if 'ENANT does not agree to the Property or landscaping requirements. In addition, TENANT shall have the right to run cables and N4,.,iires under, over and across OWNER's Property to connect TENANT's equipment on the Tower to its equipment in its facility located on the Property as approved by OWNER. TENANT may park its vehicles on OWNER's Property when TENANT is constructing, removing, replacing, and/or servicing its communications facility. C. TENANT covenants and agrees that it has inspected the Tower and the Property and that it does not rely on any representation of OWNER as to the condition of the Property or Tower or their suitability for the purposes and uses herein intended. TENANT accepts the Property in its present condition and finds it suitable for the purposes herein intended. OWNER hereby grants TENANT the right to obtain a title report, soil tests, and other engineering procedures or environmental investigations on, under and over the Property necessary to determine that TENANT's use of the Property will be compatible with TENANT 's engineering specifications, system, design, operations and Governmental Approvals (hereinafter defined). TENANT may terminate this Lease without penalty if, in its sole discretion, determines that the title report, soil tests and other engineering or environmental investigations are not satisfactory or that it will be too time consuming or expensive or if the Governmental approvals are denied. D. OWNER and TENANT further agree that the Property (including an access right-of-way thereto but excluding the space on the Tower) may be surveyed by a licensed surveyor at the sole cost of TENANT, and such survey shall then replace Exhibit "A2" and become a part hereof and shall control to describe the Property in the event of any discrepancy between such survey and the description contained in Paragraph I.B. above. 2. LEASE AND EASEMENT OWNER leases the Property to TENANT and grants to TENANT a non-exclusive easement (during the term of this Lease) to access the Property (seven [7] days a week, twenty-four [24] hours a day) and to install, remove, replace, and maintain utility cables, conduits and pipes from the Property to the appropriate, in the discretion of TENANT, source of electric and telephone GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) DOVE TOWER 10A-3 facilities. TERM AND RENT A. This Lease shall be for a initial term of five (5) years beginning on December 1, 1999 ("Commencement Date") at an Annual Rent of eleven thousand forty dollars ($11,040), which rent shall be paid annually, in advance, beginning on the Commencement Date and on each anniversary thereof (partial years prorated) to OWNER or as OWNER may otherwise direct from time to time in writing at least thirty (30) days before any rent payment date. B. TENANT is granted options to extend this Lease on these same terms and conditions for four (4) additional five (5) year extension period(s) after the original term expires. This Lease shall automatically be extended for the next extension period at the end of the then -current tetra subject to the termination requirements in Section 5. C. The Annual Rent for each extension period shall be the Annual Rent in effect for the final year of the prior term or extension period, as the case may be, increased by fifteen percent (15%). D. Should this Lease still be in effect at the conclusion of all the extension periods provided for herein, this Lease shall continue in effect upon the same terms and conditions [other than Annual Rent which shall be an amount equal to the Annual Rent in effect for the prior one (1) year period, increased by Paragraph 3. C. above for a further period of one (1) year, and for like annual periods thereafter, until and unless terminated by either party by giving to the other at least six (6) months written notice of its intention to so terminate before the date this Lease expires. 4. USE OF THE PROPERTY A. TENANT may use the Property for any lawful purpose, relating to construction, removal, replacement, maintenance, security and operation of a communications facility, including, without limitation, required TENANT antenna array (as such antenna array may be modified, added to or substituted from time to time) and antenna support structures, and for any other uses incidental thereto. TENANT shall not use or permit the Property to be used for any purposes other than described above thout the written consent of OWNER, which consent will not be unreasonably withheld. Each such antenna or antenna support ucture may be configured as requested by TENANT from time to time provided TENANT obtains, pursuant to Paragraph 4.B., all permits and approvals required by applicable jurisdictions for such requested configuration notwithstanding the above. OWNER shall approve, disapprove or request modifications to plans for any improvements or modifications installed by TENANT on the Property, which review and action shall not be unreasonably withheld or delayed. Any plans for improvements or modifications submitted by TENANT to OWNER shall be deemed approved if OWNER does not respond to a request from TENANT within thirty (30) days. Improvement of the Property to meet TENANT's needs shall be at TENANT's sole expense, and TENANT shall maintain such improvements to the Property in a reasonable condition throughout the term. B. OWNER acknowledges that TENANT 's ability to use the Property for its intended purposes is contingent upon TENANT 's obtaining and maintaining, both before and after the Commencement Date, all of the certificates, permits, licenses and other approvals (collectively, "Governmental Approvals") that may be required by any federal, state or local authority for the foregoing uses and improvements to the Property desired by TENANT. OWNER shall cooperate with TENANT in TENANT's efforts to obtain such Governmental Approvals and shall take no action that would knowingly or intentionally adversely affect TENANT's obtaining or maintaining such Governmental Approvals, so long as TENANT is in compliance with applicable provisions of federal, state, and local laws and regulations. 5. TERMINATION A. Provided TENANT is not in default hereunder, if any of the following occurs, TENANT shall have the right to immediately terminate this Lease by giving written notice to OWNER of such termination. 1. TENANT determines, in its sole discretion, that it will be unable to obtain all necessary Governmental Approvals for TENANT's intended use of and improvements to the Property desired by TENANT or that it will be too time consuming or expensive to obtain such Governmental Approvals; or TENANT's application for any Governmental Approvals necessary for TENANT 's use of the Property GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1 oA-4 and improvements desired by TENANT is denied; or 3. Any Governmental Approvals necessary for TENANT 's use of the Property and/or improvements to the Property, whether now or hereafter desired by TENANT, are canceled, expired, lapsed or are otherwise, terminated or denied so that TENANT, in its reasonable judgement, determines that it will no longer be able to use the Property for TENANT's intended use; or 4. The Federal Communications Commission allocates the frequencies at which TENANT may operate its antennas and equipment and may from time to time change such frequencies. Any change of this nature that, in TENANT 's reasonable judgement, renders its operation of a wireless communications facility at the Property obsolete; or 5. If TENANT determines that the Property has become unsuitable for TENANT's operations due to changes in system or network design or in the types of equipment used in such operations or TENANT's operations at the Property become unprofitable; or 6. If OWNER commits a breach of this Lease and fails to cure such breach within thirty (30) days after notice of the breach and requests to cure from TENANT; or B. Provided TENANT is not in default hereunder and shall have paid all rents and sums due and payable to OWNER by TENANT, TENANT shall have the right to terminate this Lease upon one (1) year prior written notice to OWNER. C. OWNER shall have the right to terminate this Lease at any time after five (5) years upon one (1) year prior written notice to TENANT. Notwithstanding anything contained herein to the contrary, OWNER shall have the right to terminate this Lease at any time upon thirty (30) days prior written notice to TENANT should OWNER, in its sole discretion, determine that the Tower upon which TENANT's equipment is to be installed should be removed or dismantled. D. Notwithstanding anything herein to the contrary, any breach, default or failure by TENANT to perform any of the duties or obligations assumed by TENANT under this Lease, or to faithfully keep and perform any of the terms, conditions and provisions hereof, shall be cause for termination of this Lease by OWNER in the manner set forth in this Paragraph. OWNER shall iver to TENANT ten (10) days prior written notice of its intention to terminate this Lease, including in such notice a reasonable � ,,scription of the breach, default or failure. If TENANT shall fail or refuse to cure, adjust or correct the breach, default or failure within said ten (10) days written notice to TENANT, to terminate this Lease. Upon termination of this Lease, all rights, powers and privileges of TENANT hereunder shall cease and terminate and TENANT shall, within thirty (30) days, vacate the Property and remove all of its improvements, fixtures and equipment. In the event TENANT does not vacate the Property within said period, OWNER may, without being deemed guilty of trespass, and without any liability whatsoever on the part of OWNER, enter upon and take full possession of the Property and remove any and all improvements, fixtures and equipment not belonging to OWNER that may be found upon the Property without being liable for damages. E. Any termination notice rendered by TENANT or OWNER pursuant to this Paragraph shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Lease. 6. ASSIGNMENT AND SUBLETTING A. Except to a "Partner Company," "Affiliate," "Subsidiary" or a Subsidiary or Affiliate of a Partner Company of TENANT (as defined below), TENANT shall not assign this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise or mortgage or pledge the same, or sublet the Property, or any part thereof, without the prior written consent of OWNER such consent not be unreasonably withheld or delayed. OWNER's consent to an assignment or sublease shall be deemed given if OWNER does not respond to TENANT's request within ninety (90) days after OWNER's receipt of such request. B. No consent by OWNER to any assignment or sublease by TENANT shall relieve TENANT of any obligation to be performed by TENANT under this Lease, whether arising before or after the assignment or sublease. The consent by OWNER to any assignment or sublease shall not relieve TENANT from the obligation to obtain OWNER's express written consent to any other assignment or sublease. GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 10A-5 C. Any sale or other transfer, including by consolidation, merger or reorganization, of a majority of the voting stock TENANT, if TENANT is a corporation, or any sale or other transfer of a majority in interest (whether of profits, losses, capital voting power) or a majority of the persons composing the managers of the partnership, if TENANT is a partnership, shall not be an assignment for purposes of this Paragraph 6. 7. FIRE OR OTHER CASUALTY A. If the Tower, or access to it, is damaged or destroyed by a casualty, OWNER shall deliver written notice to TENANT within twenty (20) days after receipt of notice from OWNER's insurance company, which notice from OWNER sets forth OWNER's election (a) not to repair, restore and/or reconstruct the Tower, or (b) to repair, restore and/or reconstruct the Tower. If, as a result of any such casualty, the Property becomes totally or partially unusable by TENANT, rent shall abate during the period of repair in the same proportion to the total rent as the portion of the Property rendered unusable bears to the entire Property. If OWNER elects to repair, then OWNER shall promptly commence appropriate repairs (to be diligently prosecuted to completion entirely at OWNER's expense), and this Lease shall continue in full force and effect. B. Notwithstanding anything contained herein to the contrary, OWNER is under no duty or obligation to repair the Tower in a manner that would accommodate TENANT's equipment or antenna array. In the event that following repairs, the Tower is no longer suitable for TENANT's intended uses, TENANT's sole remedy shall be to terminate this Lease. C. If OWNER (a) undertakes the repair, restoration and/or reconstruction of the Tower or of any access thereto but fails to complete such repair, restoration, and/or reconstruction within forty-five (45) days after the casualty, or (b) notifies TENANT of OWNER's intention not to repair, restore and/or reconstruct the Tower, or fails to deliver to TENANT the written notice required under Paragraph 7.A. within twenty (20) days, then TENANT may immediately cancel this Lease by giving written notice of its election to cancel to OWNER. 8. INDEMNIFICATION AND INSURANCE A. TENANT ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR AND HEREBY COVENANTS AND GREES TO FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND OWNER, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, JUDGMENTS, ASSESSMENTS, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS) FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OF ASSERTED PERSONS, TO THE EXTENT CAUSED BY THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF TENANT IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, USE OR CONDITION OF TENANT'S ANTENNAS AND EQUIPMENT, OR IN ANY WAY RESULTING FROM OR ARISING OUT OF THE WORK, SERVICES, OPERATIONS, AND LEGAL DUTIES OF TENANT, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, IF ANY. THIS PARAGRAPH 8A WILL ALSO APPLY TO ANY PERSONAL INJURIES OR DEATH TO ANY OF TENANT'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES CAUSED BY THE EXISTING DESIGN OR CONDITION OR DESIGN OF THE PROPERTY, WHICH TENANT HAS INSPECTED AND FOUND SUITABLE AND SAFE FOR ITS INTENDED PURPOSES. B. EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH 8A, IN THE EVENT OF JOINT AND CONCURRING RESPONSIBILITY OF TENANT AND OWNER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH TEXAS LAW, WITHOUT WAIVING ANY DEFENSE OF THE PARTIES UNDER TEXAS LAW. C. TENANT SHALL LIKEWISE ASSUME ALL RESPONSIBILITY AND LIABILITY FOR AND SHALL INDEMNIFY AND HOLD HARMLESS OWNER FOR ANY AND ALL INJURY OR DAMAGE TO THE PROPERTY TO THE EXTENT CAUSED BY TENANT AND ARISING OUT OF OR IN CONNECTION WITH ANY GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 4 10A-6 AND ALL ACTS OR OMISSIONS OF TENANT, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, INCLUDING, WITHOUT LIMITATION, ASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS, �,,.PENDED BY OWNER IN ANY SUIT OR CLAIM AGAINST SWBW FOR SAME. D. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. E. TENANT shall provide OWNER with a certificate of insurance, issued by an insurance company licensed to do business in the state in which the Tower is located indicating that TENANT carries comprehensive general liability insurance with limits of liability thereunder of not less than: bodily injury: $500,000 for injury to any one person and $1,000,000 for all injuries sustained by more than one person in any occurrence; property damage: $1,000,000 for damage as a result of any one accident. Such insurance shall name OWNER as an additional insured with respect to the Property. TENANT will provide OWNER with a renewal certificate within ten (10) business days of each renewal. Any insurance required to be provided by TENANT under this Paragraph 8 may be provided by a blanket insurance policy covering this the Property and other locations of TENANT, provided such blanket insurance policy complies with all of the other requirements of this Lease with respect to the type and amount of insurance required. TENANT may also fiilfill its requirements under this Paragraph 8 through a program of self-insurance, subject to approval by OWNER, which approval shall not be unreasonably withheld. If TENANT elects to self -insure, then TENANT shall furnish OWNER with a letter stating that there is a self-insurance program in effect that provides for the same, or greater, coverage than required of TENANT herein. All insurance policies furnished under this provision shall name OWNER as an additional insured. TENANT agrees to Punish OWNER with certificates of insurance certifying that TENANT has in force and effect the above specified insurance. The certificate and renewal certificates shall provide that insurance shall not be canceled or changed unless 30 days' prior written notice is just given to OWNER. "All such insurance required to be provided hereunder shall contain endorsements that (i) such insurance shall not be canceled or amended with respect to OWNER or OWNER's designees except upon thirty (30) days prior notice to OWNER or OWNER's designees by the insurance company, (ii) TENANT will be solely responsible for payment of any premiums (iii) in the event of payment of any loss covered under the policy, OWNER or OWNER's applicable loss, and (iv) TENANT's insurance is primary in the event of overlapping coverage hich may be carried by OWNER." 1"J. UTILITIES A. TENANT shall be responsible directly to the serving entities for all utilities required by TENANT's use of the Property; however, OWNER agrees to cooperate with TENANT in its efforts to obtain utilities from any location provided by the OWNER or the servicing utility. Should electric power be provided by OWNER, TENANT will install an electric meter and TENANT's usage shall be read by OWNER or, at OWNER'S option, by TENANT, on an annual basis and the cost of electricity used by TENANT shall be paid by TENANT to OWNER annually as a payment separate from rent and shall be computed at the then -current public utility rate. B. Should a power outage occur so that TENANT is unable to operate using power from the electric utility, TENANT may operate with an electric generator, but only until electric utility power is restored to the site. 10. RIGHTS TO EQUIPMENT; CONDITION ON SURRENDER A. TENANT's antennas and equipment shall remain personal to and the property of TENANT. At the termination or expiration of this Lease, if notice is received from OWNER, TENANT shall remove its antennas and/or equipment. TENANT shall repair any damage caused by such removal, and shall otherwise surrender the Property at the expiration of the term, as same may have been extended, or earlier termination thereof, in good condition, ordinary wear and tear, damage by fire and other casualty excepted. Any of TENANT's equipment or other property that has not been removed from the Property within thirty (30) days from the time of Lease termination shall be deemed abandoned by TENANT and OWNER shall be free to dispose of the same in any manner OWNER chooses and without any liability to TENANT therefor. B. Any claims relating to the condition of the Property must be presented by OWNER in writing to TENANT within one hundred eighty (180) days after the removal of antennas and equipment by TENANT or OWNER shall be deemed to GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 10A-7 have irrevocably waived any and all such claims. TENANT DEFAULTS A. The occurrence of any one or more of the following events shall constitute an "Event of Default" hereunder by TENANT: (1) The failure by TENANT to make any payment of rent or any other payment required to be made by TENANT hereunder, as and when due, where such failure shall continue for a period of ten (10) days after written notice thereof is received by TENANT from OWNER. (2) The failure by TENANT to observe or perform any of the covenants or provisions of this Lease to be observed or performed by TENANT, other than specified in Paragraph 11. A. (1), where such failure shall continue for a period of ten (10) days after written notice thereof is received by TENANT from OWNER; provided however, that it shall not be deemed an Event of Default by TENANT if TENANT shall commence to cure such failure within said ten (10) days period and thereafter diligently prosecutes such cure to completion. B. If there occurs an Event of Default by TENANT, in addition to any other remedies available to OWNER at law or in equity, OWNER shall have the option to terminate this Lease and all rights of TENANT hereunder. 12. NOTICES All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, postage prepaid, addressed as shown below (or to any other address that the party to be notified may have designated to the sender by like notice): TENANT: 'dress: �ttn: With a copy to: Telephone Number: Facsimile: Cook Inlet/VoiceStream PCS, L.L.C. c/o VoiceStream PCS BTA I Corporation 3650-131"Avenue SE, Suite 400 Bellevue, WA 98006 PCS Leasing Administrator Legal Department 425-586-8700 425-586-8040 OWNER: City of Southlake, Texas Attn: City Manager Address: 1725 E. Southlake Blvd. Southlake, Texas 76092 Telephone Number: (817) 481-5581 Extension 702 13. SALE OR TRANSFER BY OWNER Should OWNER, at any time during the term of this Lease, sell, lease, transfer or otherwise convey all or any part of OWNER'S Property to any transferee other than TENANT, then such transfer shall be under and subject to this Lease and all of TENANT's rights hereunder. 14. HAZARDOUS SUBSTANCES A. TENANT represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws (as defined in attached Exhibit "B"). OWNER represents and warrants that it has received no notice of, nor has any knowledge of, any violations of any Environmental Laws affecting the Property. OWNER represents and warrants that, to the best of its knowledge, the Property has never been used for the use, generation, storage or disposal of GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) • Hazardous Substances as defined in Exhibit `B" attached hereto. B. OWNER shall be responsible for and shall promptly conduct any investigation and remediation as required by y Environmental Laws or common law of all spills or other releases of Hazardous Substances not caused by TENANT, that have occurred or that may occur on the OWNER's Property. C. TENANT agrees to defend, indemnify and hold OWNER harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fi.*res, losses, judgments and attorney's fees that OWNER may suffer due to the existence or discovery of any Hazardous Substance on the OWNER's Property or the migration of any Hazardous Substance to other properties or released into the environment arising from TENANT's activities on the Property during the term of this Lease. D. OWNER agrees to defend, indemnify and hold TENANT harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that TENANT may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment, arising from OWNER's activities on the OWNER's Property during the term of this Lease. 15. CONDEMNATION A. In the event the whole of OWNER's Property, including without limitation the Property and Tower, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then this Lease shall forthwith automatically cease and terminate. B. In the event any portion of the Property, including without limitation the Tower, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then OWNER agrees that TENANT may use and/or construct upon an alternative portion of OWNER's Property which is equally suitable for TENANT's purposes, provided such space is available. The exact site to which TENANT may relocate will be termined by OWNER, and it may be upon any portion of OWNER's Property (or other property owned or controlled by WNER) provided that TENANT reasonably approves the site as equally suitable for TENANT's intended uses. OWNER will designate a site to which TENANT may relocate prior to the taking, condemnation or sale. In the event no alternative portion of the OWNER's Property is equally suitable for the purposes of TENANT, then TENANT may terminate this Lease. C. OWNER shall receive the entire condemnation award for land, Tower and such other improvements as are paid for by OWNER, and TENANT hereby expressly assigns to OWNER any and all right, title and interest of TENANT now or hereafter arising in and to any such award. TENANT shall have the right to recover from such authority but not from OWNER, any compensation as may be awarded to TENANT on account of the leasehold interest of TENANT now or hereafter arising in and to any such award. TENANT shall have the right to recover from such authority, but not from OWNER, any compensation as may be awarded to TENANT on account of the leasehold interest, moving and relocation expenses, and deprecation to and removal of the personal property and fixtures of TENANT. 16. LIENS TENANT shall keep the Property free from any liens arising out or any work performed, materials furnished, or obligations incurred by or for TENANT. TENANT shall, within twenty (20) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond. No work which OWNER permits TENANT to perform on the Property shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reason of its consent to such work. OWNER shall have the right to post notices that it is not responsible for payment for any such work. 17. TAXES TENANT shall be liable for and shall pay to the applicable taxing authority if billed directly to TENANT, or to OWNER if billed to OWNER, upon thirty (30) days prior, written notice from OWNER, any and all taxes and assessments levied against any personal GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 10A-9 property or trade or other fixtures placed by TENANT in or about the Property. 'NANT shall pay as additional rent any increases in real property taxes levied against OWNER's Property, including the Tower, a result of improvements constructed by TENANT on the Property. TENANT will not be responsible for any increases in real property taxes, which are a result of reassessment of OWNER's Property due to any sale or transfer of ownership thereof. 18. QUIET ENJOYMENT AND NON-INTERFERENCE A. OWNER warrants and agrees that TENANT, upon paying the rent and performing the covenants herein provided, shall peaceably and quietly have and enjoy the Property. B. TENANT covenants and agrees that TENANT's equipment, its installation, operation and maintenance will: (1) Not interfere with the operation of existing radio equipment at the Tower, whether operated by OWNER or other operators prior to installation of TENANT's antennas and/or transmission lines on the Tower. TENANT shall coordinate with OWNER and all other operators of existing radio equipment at the Tower to insure that TENANT's frequencies and antenna locations will be compatible with said existing radio equipment. In the event there is harmful interference to said electronic equipment, TENANT will promptly take all steps to eliminate said harmful interference within ten (10) days after notice from OWNER or such other operator to TENANT advising of the interference. If said interference cannot be eliminated within thirty (30) days of notice thereof, TENANT agrees to suspend operations (transmissions) at the site while the interference problems are studied and a means found to mitigate them. If said interference cannot be eliminated, then TENANT shall remove its building and equipment from OWNER's Property and this Lease shall thereupon be terminated. In addition, in the event OWNER desires to install its own additional radio equipment at the water tower site in the future, TENANT agrees to work with OWNER to eliminate any interference with said radio equipment. However, TENANT shall not be required to eliminate interference on equipment installed after TENANT's equipment is installed. However, in no event shall TENANT be required to diactivate or move its antennas or equipment on the tower site or the equipment building. (2) During the term of this Lease or any extension thereof, OWNER shall not permit other tenants, to place or aerate any equipment, which would interfere with TENANT's equipment or operations on the OWNER's Property or Property. NNER shall cause that all subsequent tenants on the Tower to first coordinate with SWBW to ensure that their frequencies and antenna locations will be compatible with TENANT's and to agree to a clause similar to this Paragraph 8.B.(1) herein, promising to immediately eliminate harmful interference if said tenant's radio equipment should interfere with that of TENANT herein. C. Comply with all applicable rules and regulations of the Federal Communications Commission, and electrical codes of City of Southlake and for State of Texas. Under this Lease, the OWNER assumes no responsibility for the licensing, operations and/or maintenance of TENANT's equipment, antennas, transmission lines or attachments. 19. COORDINATION OF OPERATION A. OWNER agrees (i) to use its diligent efforts to minimize inconvenience to TENANT by using its diligent efforts not to cause or permit any interruption or interfere with the operations of TENANT's antennas or equipment, and (ii) to give TENANT notice of any repairs, alterations, additions or improvements to be made with respect to the maintenance and operation of the Tower and the Property or of any planned shut downs associated with the Tower for scheduled or routine maintenance that might adversely affect the operation of TENANT's wireless communications facility, antennas or equipment at least sixty (60) days written notice before the repair, alteration, addition, improvement or shut down of the tower. B. Only qualified and adequately insured employees, agents, contractors or persons under TENANT's direct supervision will be permitted to climb the Tower and to install, maintain, or remove TENANT's antennas and/or equipment from the Tower. OWNER retains the right to permit its own employees and agents and employees and agents of the subsequent users of the Tower to climb the Tower for the purpose of repair and maintenance or for any other purposes that do not interfere with TENANT's use of the Tower, and so long as TENANT complies with the provisions of Paragraph 19 of this Lease. C. OWNER shall not permit any person, including without limitation any contractor, employee, agent, tenant, or invitee, to work within a ten (10) foot radius of TENANT's antennas unless TENANT is notified prior to such activity. OWNER GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 10A-10 agrees to give TENANT reasonable advance written notice (except in the case of emergency where advance written notice cannot �e reasonably given, in which event, OWNER shall give TENANT telephonic notice (at 1-425-586-8040) of repairs, alterations, itions, or improvements to be made with respect to the maintenance and operation of the Tower and the Property within such �, ius of the antennas. D. In the event that OWNER determines that any equipment or operation of TENANT causes radio interference, as defined and regulated by the Federal Communications Commission, or interferes with the operation or use of the Tower or with any of OWNER's facilities or OWNER's equipment on the Tower, then TENANT shall have thirty (30) days within which to correct such radio interference, pursuant to Paragraph 11.A. (2) hereof, unless such interference is with OWNER's emergency communications; then such interference shall be corrected immediately or terminated. E. It is further understood and agreed that OWNER may perform reasonable routine maintenance, painting, etc. of the Tower without compensation or liability to TENANT, even though such maintenance and painting may cause interference with TENANT's operations. OWNER shall notify TENANT at least sixty (60) days prior to any scheduled maintenance or painting on the Tower that will be likely to interfere with the operation of TENANT's equipment and allow TENANT to construct and operate temporary facilities on OWNER's Property. OWNER shall not be required to notify TENANT prior to performing any emergency maintenance on the Tower. F. To the extent that any shut down, repair, alteration, addition or improvement of the Tower might adversely affect the operation of TENANT's Wireless Communications facility, antennas or equipment for a period in excess of fourteen (14) days, the rent shall be abated for the relevant time period during which TENANT's operations are adversely affected. 20. LIGHTING OF ANTENNAS OWNER hereby agrees that, if because of TENANT's operations on the Property any laws or regulations of the Federal Aviation Administration, Federal Communications Commission or any other relevant governmental agency or body require or recommend that TENANT's antennas and/or the Tower be lit and/or marked, TENANT may install and maintain such lighting and markings. In no event, however, shall TENANT be responsible for the installation or maintenance of any lighting or markings required by the ;rations of OWNER or any other tenant in the Tower. OWNER will permit TENANT access to all portions of the Tower that �.,NANT may need in order to check and replace such required or recommended lighting or marking. 21. BROKERS OWNER and TENANT represent to each other that they have not negotiated with any real estate broker in connection with this Lease. 22. ESTOPPEL CERTIFICATES A. OWNER, at the request of TENANT, shall provide TENANT with a certificate stating: (1) whether OWNER has any claim against TENANT and if so, stating the nature of such claim; (2) that OWNER recognizes TENANT's right to TENANT's antennas, equipment and other property; (3) that TENANT has the right to remove TENANT's equipment and other property from the Property notwithstanding that same may be considered a fixture under local law; and (4) that OWNER has no interest in and disclaims any interest to TENANT's equipment and other property. B. TENANT, at the request of OWNER, shall provide OWNER with a certificate stating: (1) that this Lease is unmodified and in full force and effect (or, if there has been any modification, that the same is in full force and effect as modified and stating the modification); (2) whether or not, to TENANT's knowledge, there are then existing any set -offs, or defenses against the enforcement of any of the agreements, terms, covenants or conditions hereof upon the part of TENANT to be performed or complied with (and, if so specifying the same); and (3) the dates, if any, to which the rent has been paid in advance. 23. MISCELLANEOUS PROVISIONS A. This Lease is not a franchise. This agreement does not prevent the OWNER from seeking to implement a franchise on TENANT, but TENANT does not acknowledge that the OWNER has a right to franchise TENANT or waive any right GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1OA-11 it might have to contest a franchise. B. OWNER warrants and agrees that OWNER is seized of good and sufficient title to and interest in the Property �1 has full authority to enter into and execute this Lease and that here are no undisclosed liens, judgments or impediments of title on OWNER's Property that would affect this Lease. C. This Lease, including attached exhibits which are hereby incorporated by reference, incorporates all agreements and understandings between OWNER and TENANT, and no verbal agreements or understandings shall be binding upon either OWNER or TENANT, and any addition, variation, or modification to this Lease shall be ineffective unless made in writing and signed by the parties. D. OWNER agrees that OWNER's Property (including, without limitation, the Tower) and all improvements comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi -governmental authority. All such compliance shall be accomplished at OWNER's sole cost and expense. Except for improvements made by TENANT, OWNER, at its sole cost, shall maintain in good condition and repair, the Tower and other improvements upon which the Property is located. TENANT agrees that TENANT's property and all equipment and improvements erected hereunder shall comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi - governmental authority. All such compliance shall be accomplished at TENANT's sole cost and expense. TENANT, at its sole cost and expense, shall maintain the appearance of all such equipment and improvements in a manner or condition not materially different from that at the time of installation. E. This Lease and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of Texas. Any litigation concerning this Lease shall be conducted in Tarrant County, Texas and the parties hereby agree to the venue and personal jurisdiction of these courts. F. This Lease, and each and every covenant and condition herein, is intended to benefit the Property and shall extend to and bind the heirs, personal representatives, successors and assigns of the parties. G. The parties agree that all of the provisions hereof shall be construed as both covenants and conditions the same as if the words importing such covenants and conditions had been used in each separate paragraph. H. The parties acknowledge that each has had an opportunity to review and negotiate this Lease and have executed this Lease only after such review and negotiation. The language of each part of this Lease shall be construed simply and according to its fair meaning, and this Lease shall not be construed more strictly in favor or against either party. I. At OWNER's option, this Lease shall be subordinate to any mortgage by OWNER which from time to time may encumber all or any part of the Property, provided that every such mortgagee shall recognize (in writing and in a form acceptable to TENANT's counsel) the validity of this Lease in the event of a foreclosure of OWNER's interest and also TENANT's right to remain in occupancy and have access to the property as long as TENANT is not in default of this Lease. TENANT shall execute whatever instruments may reasonably be required to evidence this subordination. If, as of the date of execution of this Lease, there is any deed of trust, ground lease or other similar encumbrance affecting OWNER's Property, OWNER agrees to use its best efforts in cooperating with TENANT to obtain from the holder of such encumbrance an agreement that TENANT shall not be disturbed in its possession, use and enjoyment of the Property. J. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in such court's opinion to render such condition enforceable and, as so modified, such portion and the balance of this Lease shall continue in full force and effect. K. If either party institutes any action or proceeding in court to enforce any provision hereof, or any action for damages for any alleged breach of any provision hereof, then the prevailing party in such action or proceeding shall be entitled to receive from the non -prevailing party such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing party, together with its other reasonable litigation expenses. GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 10 10A-12 L. In addition to the other remedies provided for in this Lease, OWNER and TENANT shall be entitled to immediate restraint by injunction of any violation of any of the covenants, conditions, or provisions of this Lease. M. The captions of the paragraphs of this Lease are for convenience of reference only and shall not affect the interpretation of this Lease. END OF ARTICLES IN WITNESS WHEREOF, OWNER and TENANT have duly executed this Lease as of the day and year first above written. TENANT: Cook Inlet/VoiceStream PCS, L.L.C., a Delaware limited liability company By — Name: Address: OWNER: City of Southlake, Texas By: Name: Its: Tax No: GROUND AND TOWER LEASE AGREEIv1ENT (Revised 08/18/99) 11 1OA-13 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared) (name), (title), (company name), a corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said (company name), a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. IN GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Notary Public in and for the State of Texas My Commission Expires day of GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 12 1 OA-14 NOTARIES -GROUND AND TOWER LEASE AGREEMENT STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of , of a 1999, by corporation, on behalf of the corporation. ❑ by partner (or agent) on behalf of , a partnership. He/she is personally known to me or has produced s identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC -STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: ATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of Of a 1999, by corporation, on behalf of the corporation. ❑ by partner (or agent) on behalf of , a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC -STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 13 10A-15 EXHIBIT "Al" �... LEGAL DESCRIPTION SPTE ID: DA2236 The description of the Property is as follows: Z-ing a 1.5 acre tract of land located in the R.D. Price Survev. Abstract . o. 1207, as described in deed in Volume 7154. Page Records, Tarrant County, Texas. GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 14 1 OA-16 EXHIBIT "A2" DEPICTION OF PROPERTY SITE ID: DA2236 The leased Property is situated within OWNER's Property as described in Exhibit "A1 ". - 1.) fiAIIP.D Of WM W BE C1RK0 10 IIK AWA W.M LE AY %- CL CONWAVOR 10 OKAOC WY 10 Cow FLOW or w" A.AI Aloe US COUVIKNT t) C"ACTCf 10 VOWT LOCAUM or ALL UWM PRO TO oloww L) MCI LOCAMON Or 99APUM PAD To BE VCRV= WIN V=37WAN DUCK CONSIWCIICL r L— 4.) CONTRACTOR IS 1t90fI.Rtt Colt NARr7IIw10 AND ROA N0 tDTIPr TW.K TNDTCiwr oANADc i!.) COkIRACTOR VOLL NI'OROKA.CI AM REV[QfAit ALL DISDA D S.) rW..KD FLOOR Ca"" or COuVw fT PAD SNmL R )EM AAD ---.- -- :K-0' — ,C--X W. — -.... if A 1A11ARY Or R' AMC ADJA[CNT CIAC[S TUC DEIAL S SWET S-21 T) co31TN0 si[ RlraelAlON PRDk«o BY onK.: sQ SWtr c-1_ l — -- ••_••_••— — - 1[. rVC1. Kim CAR Rf/. Otl. )/C-! EIRSW ClX- IlAaar•, TO ME— KIN S m YAQN *.a [7ll VCNf PAD T �A[r. OCT. )/C-J . TNK 7[1rAQ ANK i = -rl/NltD r+fl. Ott. S/C-R e • __ CAPkE PAY1i I. •.'I.. .. N[. )IIW[R1M.11f 1[E[d WTtufK AtIK ./cuitN a . T v rtv ., •.._ ._. _.._._ J —.�-' --- -T-- - �� '.� �� NFL IAVDOIOROIRO 4LG St)trCL N NCW CO WMCNf CASRKTS Kw CCW KIC { ' - CONIPWNT PAD (1gw. aA&r. ` !M U."IKSN N 14) A- COW DRNL AID " - --� 4EC4 WIN PVC •;1 '`, !/" .�, �.�. / /% R7./t Comm IANWf UP RRQ ` V/ ,l / `✓ , • ww IOK[SIP[ W -CS _� . ___._ WIENNA! on TOw. POrIE t—ri / "ASt ■1r• R/C-P w •M7 •A 1•.VA �•) •} - -KI7 MOM DAY ) r . — I.IC7RT.i k GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 15 1 OA-17 EXHIBIT "AY' TENANT'S LEASE SPACE ON TOWER EXHIBIT SITE ID: DA2236 Antennas will be mounted on the Tower located on OWNER'S Property described in Exhibit "A1 ". ROU WALL RE: EXIT SOUL ANO COUu CABN NEW CCYF ISTWC WATER TOWER i TING SWBW k �T ANTENNAS I ANTENNAS MOUNTED CONCRETE TOWER F REF. "IC-4 ANTENNAS FOR IRE EXPANSION 5'2 DIAMETER DWER BASE GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 16 1 OA-18 EXHIBIT "A3" (cont.) TENANT'S PLAN AT ANTENNA SITE TD: DA2236 MICROFLECT 4" TUBE ENTRY KIT TO MATCH EXIST. AT EXIST. ANTENNA. VERIFY LENGTH REQUIRED. INSTALL PER MANUFACTURER'S INSTRUCTIONS 4",V CORE. SEAL WEATHEP.TIGHT VERIFY REQUIRED LOCATION W/ ANTENNA CABLING CONNECTION VERIFY LOCATION OF REINF. STL. IN PANEL W/ PACHOMETER BEFORE CORING MICROFLECT B1578 MOUNT GALVANIZED OR EQUIVALENT ANTENNA I- 6X6X3/4X1'-2" GALVANIZED — TWO 3/8" ANCHOR BOLTS FACE OF TOWER BASE PAINT ANTENNA °a ° MOUNT & MOUNTING HARDWARE TO MATCH CONCRETE COLOR 6 ANTENNA MOUNT DETAIL C-4; N.T.S. GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 17 1OA-19 ■IIC lliiiM Ground and Tower Lease Agreement dated , 1999 between the City of Southlake, as OWNER and Cook Inlet/VoiceStream PCS, L.L.C., a Delaware limited liability company as TENANT. As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or permits pertaining to the protection of human health and/or the environment, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. § § 6901, et seq., the Clean Air Act, 42 U.S.C. § § 7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. § § 1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. § § 1101, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § § 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. § § 2601, et seq., the Oil Pollution Control Act, 33 U.S.C. § § 2701, et seq., and Texas superfund laws, or any other comparable local, state or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. This definition includes all federal, state or local land use laws dealing with environmental sensitivity including, but not limited to, laws regarding wetlands, steep slopes, aquifers, critical or sensitive areas, shorelines, fish and wildlife habitat, or historical or archeological significance. As used in this Lease, "Hazardous Substance" means any hazardous or toxic substances as defined by the Comprehensive ,.. vironmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time; any and all material waste or substance defined as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and their byproducts. GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 18 1 OA-20 GROUND AND TOWER LEASE AGREEMENT �- SITE ID:DA2229 THIS GROUND AND TOWER LEASE AGREEMENT ("Lease") is entered into as of this _ day of , 1999, by and between City of Southlake, Texas, a municipal corporation ("OWNER") and Cook InleWoiceStream PCS, L.L.C., a Delaware limited liability company ("TENANT"). In consideration of the premises and of the mutual obligations and agreements in this Lease, the parties agree as follows: 1. THE PROPERTY A. OWNER is the titleholder of that certain real property commonly known as the proposed Elevated Water Tower, ("Tower") at 635 Brewer Road, City of Southlake, County of Tarrant, State of Texas ("OWNER's Property") which is described on the attached Exhibit "Al." The parties agree that the legal description of OWNER's Property may be attached as Exhibit "AI" after execution of this Lease. B. TENANT hereby desires to lease a portion of OWNER's Property, and a certain portion of the elevated water storage tank ("Tower") located on OWNER's Property, together with obtaining a right of access and a right to install utilities (the -Property") as set forth in Exhibit "A2". The Property and landscaping requirements, including any fencing, are to be determined by the OWNER in advance of the placement of any TENANT's equipment. TENANT may terminate this Lease without penalty if `�'NANT does not agree to the Property or landscaping requirements. In addition, TENANT shall have the right to run cables and yes under, over and across OWNER's Property to connect TENANT's equipment on the Tower to its equipment in its facility cated on the Property as approved by OWNER. TENANT may park its vehicles on OWNER's Property when TENANT is constructing, removing, replacing, and/or servicing its communications facility. C. TENANT covenants and agrees that it has inspected the Tower and the Property and that it does not rely on any representation of OWNER as to the condition of the Property or Tower or their suitability for the purposes and uses herein intended. TENANT accepts the Property in its present condition and finds it suitable for the purposes herein intended. OWNER hereby grants TENANT the right to obtain a title report, soil tests, and other engineering procedures or environmental investigations on, under and over the Property necessary to determine that TENANT's use of the Property will be compatible with TENANT 's engineering specifications, system, design, operations and Governmental Approvals (hereinafter defined). TENANT may terminate this Lease without penalty if, in its sole discretion, deterntines that the title report, soil tests and other engineering or environmental investigations are not satisfactory or that it will be too time consuming or expensive or if the Governmental approvals are denied. D. OWNER and TENANT further agree that the Property (including an access right-of-way thereto but excluding the space on the Tower) may be surveyed by a licensed surveyor at the sole cost of TENANT, and such survey shall then replace Exhibit "AT' and become a part hereof and shall control to describe the Property in the event of any discrepancy between such survey and the description contained in Paragraph I.B. above. 2. LEASE AND EASEMENT OWNER leases the Property to TENANT and grants to TENANT a non-exclusive easement (during the term of this Lease) to access the Property (seven [7] days a week, twenty-four [24] hours a day) and to install, remove, replace, and maintain utility cables, conduits and pipes from the Property to the appropriate, in the discretion of TENANT, source of electric and telephone GROUND AND TOWER LEASE AGREEMENT (Revised 08/ 18/99) F L O R E N C E TOWER 1 OA-21 facilities. TERM AND RENT A. This Lease shall be for a initial term of five (5) years beginning on December 1, 1999 ("Commencement Date") at an Annual Rent of eleven thousand forty dollars ($11,040), which rent shall be paid annually, in advance, beginning on the Commencement Date and on each anniversary thereof (partial years prorated) to OWNER or as OWNER may otherwise direct from time to time in writing at least thirty (30) days before any rent payment date. B. TENANT is granted options to extend this Lease on these same terms and conditions for four (4) additional five (5) year extension period(s) after the original term expires. This Lease shall automatically be extended for the next extension period at the end of the then -current term subject to the termination requirements in Section 5. C. The Annual Rent for each extension period shall be the Annual Rent in effect for the final year of the prior term or extension period, as the case may be, increased by fifteen percent (15%). D. Should this Lease still be in effect at the conclusion of all the extension periods provided for herein, this Lease shall continue in effect upon the same terms and conditions [other than Annual Rent which shall be an amount equal to the Annual Rent in effect for the prior one (1) year period, increased by Paragraph 3. C. above for a further period of one (1) year, and for like annual periods thereafter, until and unless terminated by either party by giving to the other at least six (6) months written notice of its intention to so terminate before the date this Lease expires. 4. USE OF THE PROPERTY A. TENANT may use the Property for any lawful purpose, relating to construction, removal, replacement, maintenance, security and operation of a communications facility, including, without limitation, required TENANT antenna array (as such antenna array may be modified, added to or substituted from time to time) and antenna support structures, and for any other uses incidental thereto. TENANT shall not use or permit the Property to be used for any purposes other than described above -ithout the written consent of OWNER, which consent will not be unreasonably withheld. Each such antenna or antenna support icture may be configured as requested by TENANT from time to time provided TENANT obtains, pursuant to Paragraph 4.B., permits and approvals required by applicable jurisdictions for such requested configuration notwithstanding the above. OWNER shall approve, disapprove or request modifications to plans for any improvements or modifications installed by TENANT on the Property, which review and action shall not be unreasonably withheld or delayed. Any plans for improvements or modifications submitted by TENANT to OWNER shall be deemed approved if OWNER does not respond to a request from TENANT within thirty (30) days. Improvement of the Property to meet TENANT's needs shall be at TENANT's sole expense, and TENANT shall maintain such improvements to the Property in a reasonable condition throughout the term. B. OWNER acknowledges that TENANT 's ability to use the Property for its intended purposes is contingent upon TENANT 's obtaining and maintaining, both before and after the Commencement Date, all of the certificates, permits, licenses and other approvals (collectively, "Governmental Approvals") that may be required by any federal, state or local authority for the foregoing uses and improvements to the Property desired by TENANT. OWNER shall cooperate with TENANT in TENANT's efforts to obtain such Governmental Approvals and shall take no action that would knowingly or intentionally adversely affect TENANT's obtaining or maintaining such Governmental Approvals, so long as TENANT is in compliance with applicable provisions of federal, state, and local laws and regulations. 5. TERMINATION A. Provided TENANT is not in default hereunder, if any of the following occurs, TENANT shall have the right to immediately terminate this Lease by giving written notice to OWNER of such termination. 1. TENANT determines, in its sole discretion, that it will be unable to obtain all necessary Governmental Approvals for TENANT's intended use of and improvements to the Property desired by TENANT or that it will be too time consuming or expensive to obtain such Governmental Approvals; or 2. TENANT's application for any Governmental Approvals necessary for TENANT 's use of the Property GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1 OA-22 and improvements desired by TENANT is denied; or 3. Any Governmental Approvals necessary for TENANT 's use of the Property and/or improvements to the Property, whether now or hereafter desired by TENANT, are canceled, expired, lapsed or are otherwise, terminated or denied so that TENANT, in its reasonable judgement, determines that it will no longer be able to use the Property for TENANT's intended use; or 4. The Federal Communications Commission allocates the frequencies at which TENANT may operate its antennas and equipment and may from time to time change such frequencies. Any change of this nature that, in TENANT 's reasonable judgement, renders its operation of a wireless communications facility at the Property obsolete; or 5. If TENANT determines that the Property has become unsuitable for TENANT's operations due to changes in system or network design or in the types of equipment used in such operations or TENANT's operations at the Property become unprofitable; or 6. If OWNER commits a breach of this Lease and fails to cure such breach within thirty (30) days after notice of the breach and requests to cure from TENANT; or B. Provided TENANT is not in default hereunder and shall have paid all rents and sums due and payable to OWNER by TENANT, TENANT shall have the right to terminate this Lease upon one (1) year prior written notice to OWNER. C. OWNER shall have the right to terminate this Lease at any time after five (5) years upon one (1) year prior written notice to TENANT. Notwithstanding anything contained herein to the contrary, OWNER shall have the right to terminate this Lease at any time upon thirty (30) days prior written notice to TENANT should OWNER, in its sole discretion, determine that the Tower upon which TENANT's equipment is to be installed should be removed or dismantled. D. Notwithstanding anything herein to the contrary, any breach, default or failure by TENANT to perform any of the duties or obligations assumed by TENANT under this Lease, or to faithfully keep and perform any of the terms, conditions and provisions hereof, shall be cause for termination of this Lease by OWNER in the manner set forth in this Paragraph. OWNER shall liver to TENANT ten (10) days prior written notice of its intention to terminate this Lease, including in such notice a reasonable ,cription of the breach, default or failure. If TENANT shall fail or refuse to cure, adjust or correct the breach, default or failure within said ten (10) days written notice to TENANT, to terminate this Lease. Upon termination of this Lease, all rights, powers and privileges of TENANT hereunder shall cease and terminate and TENANT shall, within thirty (30) days, vacate the Property and remove all of its improvements, fixtures and equipment. In the event TENANT does not vacate the Property within said period, OWNER may, without being deemed guilty of trespass, and without any liability whatsoever on the part of OWNER, enter upon and take full possession of the Property and remove any and all improvements, fixtures and equipment not belonging to OWNER that may be found upon the Property without being liable for damages. E. Any termination notice rendered by TENANT or OWNER pursuant to this Paragraph shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Lease. 6. ASSIGNMENT AND SUBLETTING A. Except to a "Partner Company," "Affiliate," "Subsidiary" or a Subsidiary or Affiliate of a Partner Company of TENANT (as defined below), TENANT shall not assign this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise or mortgage or pledge the same, or sublet the Property, or any part thereof, without the prior written consent of OWNER such consent not be unreasonably withheld or delayed. OWNER's consent to an assignment or sublease shall be deemed given if OWNER does not respond to TENANT's request within ninety (90) days after OWNER's receipt of such request. B. No consent by OWNER to any assignment or sublease by TENANT shall relieve TENANT of any obligation to be performed by TENANT under this Lease, whether arising before or after the assignment or sublease. The consent by OWNER to any assignment or sublease shall not relieve TENANT from the obligation to obtain OWNER's express written consent to any other assignment or sublease. GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1 OA-23 C. Any sale or other transfer, including by consolidation, merger or reorganization, of a majority of the voting stock -TENANT, if TENANT is a corporation, or any sale or other transfer of a majority in interest (whether of profits, losses, capital noting power) or a majority of the persons composing the managers of the partnership, if TENANT is a partnership, shall not be assignment for purposes of this Paragraph 6. 7. FIRE OR OTHER CASUALTY A. If the Tower, or access to it, is damaged or destroyed by a casualty, OWNER shall deliver written notice to TENANT within twenty (20) days after receipt of notice from OWNER's insurance company, which notice from OWNER sets forth OWNER's election (a) not to repair, restore and/or reconstruct the Tower, or (b) to repair, restore and/or reconstruct the Tower. If, as a result of any such casualty, the Property becomes totally or partially unusable by TENANT, rent shall abate during the period of repair in the same proportion to the total rent as the portion of the Property rendered unusable bears to the entire Property. If OWNER elects to repair, then OWNER shall promptly commence appropriate repairs (to be diligently prosecuted to completion entirely at OWNER's expense), and this Lease shall continue in full force and effect. B. Notwithstanding anything contained herein to the contrary, OWNER is under no duty or obligation to repair the Tower in a manner that would accommodate TENANT's equipment or antenna array. In the event that following repairs, the Tower is no longer suitable for TENANT's intended uses, TENANT's sole remedy shall be to terminate this Lease. C. If OWNER (a) undertakes the repair, restoration and/or reconstruction of the Tower or of any access thereto but fails to complete such repair, restoration, and/or reconstruction within forty-five (45) days after the casualty, or (b) notifies TENANT of OWNER's intention not to repair, restore and/or reconstruct the Tower, or fails to deliver to TENANT the written notice required under Paragraph 7.A. within twenty (20) days, then TENANT may immediately cancel this Lease by giving written notice of its election to cancel to OWNER. 8. INDEMNIFICATION AND INSURANCE A. TENANT ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR AND HEREBY COVENANTS AND �TREES TO FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND OWNER, ITS OFFICERS, AGENTS, ERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, JUDGMENTS, ASSESSMENTS, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS) FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OF ASSERTED PERSONS, TO THE EXTENT CAUSED BY THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF TENANT IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, USE OR CONDITION OF TENANT'S ANTENNAS AND EQUIPMENT, OR IN ANY WAY RESULTING FROM OR ARISING OUT OF THE WORK, SERVICES, OPERATIONS, AND LEGAL DUTIES OF TENANT, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, IF ANY. THIS PARAGRAPH 8A WILL ALSO APPLY TO ANY PERSONAL INJURIES OR DEATH TO ANY OF TENANT'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES CAUSED BY THE EXISTING DESIGN OR CONDITION OR DESIGN OF THE PROPERTY, WHICH TENANT HAS INSPECTED AND FOUND SUITABLE AND SAFE FOR ITS INTENDED PURPOSES. B. EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH 8A, IN THE EVENT OF JOINT AND CONCURRING RESPONSIBILITY OF TENANT AND OWNER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH TEXAS LAW, WITHOUT WAIVING ANY DEFENSE OF THE PARTIES UNDER TEXAS LAW. C. TENANT SHALL LIKEWISE ASSUME ALL RESPONSIBILITY AND LIABILITY FOR AND SHALL INDEMNIFY AND HOLD HARMLESS OWNER FOR ANY AND ALL INJURY OR DAMAGE TO THE PROPERTY TO THE EXTENT CAUSED BY TENANT AND ARISING OUT OF OR IN CONNECTION WITH ANY �a..- GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1 OA-24 AND ALL ACTS OR OMISSIONS OF TENANT, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, INCLUDING, WITHOUT LIMITATION, 7ASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS, VENDED BY OWNER IN ANY SUIT OR CLAIM AGAINST SWBW FOR SAME. D. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. E. TENANT shall provide OWNER with a certificate of insurance, issued by an insurance company licensed to do business in the state in which the Tower is located indicating that TENANT carries comprehensive general liability insurance with limits of liability thereunder of not less than: bodily injury: $500,000 for injury to any one person and $1,000,000 for all injuries sustained by more than one person in any occurrence; property damage: $1,000,000 for damage as a result of any one accident. Such insurance shall name OWNER as an additional insured with respect to the Property. TENANT will provide OWNER with a renewal certificate within ten (10) business days of each renewal. Any insurance required to be provided by TENANT under this Paragraph 8 may be provided by a blanket insurance policy covering this the Property and other locations of TENANT, provided such blanket insurance policy complies with all of the other requirements of this Lease with respect to the type and amount of insurance required. TENANT may also fulfill its requirements under this Paragraph 8 through a program of self-insurance, subject to approval by OWNER, which approval shall not be unreasonably withheld. If TENANT elects to self -insure, then TENANT shall furnish OWNER with a letter stating that there is a self-insurance program in effect that provides for the same, or greater, coverage than required of TENANT herein. All insurance policies furnished under this provision shall name OWNER as an additional insured. TENANT agrees to fiunish OWNER with certificates of insurance certifying that TENANT has in force and effect the above specified insurance. The certificate and renewal certificates shall provide that insurance shall not be canceled or changed unless 30 days' prior written notice is just given to OWNER. "All such insurance required to be provided hereunder shall contain endorsements that (i) such insurance shall not be canceled or amended with respect to OWNER or OWNER's designees except upon thirty (30) days prior notice to OWNER or OWNER's designees by the insurance company, (ii) TENANT will be solely responsible for payment of any premiums (iii) in the event of payment of any loss covered under the policy, OWNER or OWNER's applicable loss, and (iv) TENANT's insurance is primary in the event of overlapping coverage `rich may be carried by OWNER." UTILITIES A. TENANT shall be responsible directly to the serving entities for all utilities required by TENAI T's use of the Property; however, OWNER agrees to cooperate with TENANT in its efforts to obtain utilities from any location provided by the OWNER or the servicing utility. Should electric power be provided by OWNER, TENANT will install an electric meter and TENANT's usage shall be read by OWNER or, at OWNER'S option, by TENANT, on an annual basis and the cost of electricity used by TENANT shall be paid by TENANT to OWNER annually as a payment separate from rent and shall be computed at the then -current public utility rate. B. Should a power outage occur so that TENANT is unable to operate using power from the electric utility, TENANT may operate with an electric generator, but only until electric utility power is restored to the site. 10. RIGHTS TO EQUIPMENT; CONDITION ON SURRENDER A. TENANT's antennas and equipment shall remain personal to and the property of TENANT. At the termination or expiration of this Lease, if notice is received from OWNER, TENANT shall remove its antennas and/or equipment. TENANT shall repair any damage caused by such removal, and shall otherwise surrender the Property at the expiration of the term, as same may have been extended, or earlier termination thereof, in good condition, ordinary wear and tear, damage by fire and other casualty excepted. Any of TENANT's equipment or other property that has not been removed from the Property within thirty (30) days from the time of Lease termination shall be deemed abandoned by TENANT and OWNER shall be free to dispose of the same in any manner OWNER chooses and without any liability to TENANT therefor. B. Any claims relating to the condition of the Property must be presented by OWNER in writing to TENANT within one hundred eighty (180) days after the removal of antennas and equipment by TENANT or OWNER shall be deemed to GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1 OA-25 have irrevocably waived any and all such claims. TENANT DEFAULTS A. The occurrence of any one or more of the following events shall constitute an "Event of Default" hereunder by TENANT: (1) The failure by TENANT to make any payment of rent or any other payment required to be made by TENANT hereunder, as and when due, where such failure shall continue for a period of ten (10) days after written notice thereof is received by TENANT from OWNER. (2) The failure by TENANT to observe or perform any of the covenants or provisions of this Lease to be observed or performed by TENANT, other than specified in Paragraph 11. A. (1), where such failure shall continue for a period of ten (10) days after written notice thereof is received by TENANT from OWNER; provided however, that it shall not be deemed an Event of Default by TENANT if TENANT shall commence to cure such failure within said ten (10) days period and thereafter diligently prosecutes such cure to completion. B. If there occurs an Event of Default by TENANT, in addition to any other remedies available to OWNER at law or in equity, OWNER shall have the option to terminate this Lease and all rights of TENANT hereunder. 12. NOTICES All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, postage prepaid, addressed as shown below (or to any other address that the party to be notified may have designated to the sender by like notice): TENANT- 4 ddress: With a copy to: Telephone Number: Facsimile: Cook Inlet/VoiceStream PCS, L.L.C. c/o VoiceStream PCS BTA I Corporation 3650-131'` Avenue SE, Suite 400 Bellevue, WA 98006 PCS Leasing Administrator Legal Department 425-586-8700 425-586-8040 OWNER: City of Southlake, Texas Attn: City Manager Address: 1725 E. Southlake Blvd. Southlake, Texas 76092 Telephone Number: (817) 481-5581 Extension 702 13. SALE OR TRANSFER BY OWNER Should OWNER, at any time during the term of this Lease, sell, lease, transfer or otherwise convey all or any part of OWNER'S Property to any transferee other than TENANT, then such transfer shall be under and subject to this Lease and all of TENANT's rights hereunder. 14. HAZARDOUS SUBSTANCES A. TENANT represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws (as defined in attached Exhibit `B"). OWNER represents and warrants that it has received no notice of, nor has any knowledge of, any violations of any Environmental Laws affecting the Property. OWNER represents and warrants that, to the best of its knowledge, the Property has never been used for the use, generation, storage or disposal of GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1 oA-26 Hazardous Substances as defined in Exhibit `B" attached hereto. B. OWNER shall be responsible for and shall promptly conduct any investigation and remediation as required by 1-4—y Environmental Laws or common law of all spills or other releases of Hazardous Substances not caused by TENANT, that have occurred or that may occur on the OWNER's Property. C. TENANT agrees to defend, indemnify and hold OWNER harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that OWNER may suffer due to the existence or discovery of any Hazardous Substance on the OWNER's Property or the migration of any Hazardous Substance to other properties or released into the environment arising from TENANT's activities on the Property during the term of this Lease. D. OWNER agrees to defend, indemnify and hold TENANT harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that TENANT may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment, arising from OWNER's activities on the OWNER's Property during the tern of this Lease. 15. CONDEMNATION A. In the event the whole of OWNER's Property, including without limitation the Property and Tower, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then this Lease shall forthwith automatically cease and terminate. B. In the event any portion of the Property, including without limitation the Tower, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then OWNER agrees that TENANT may use and/or construct upon an alternative portion of OWNER's Property which is equally suitable for TENANT's purposes, provided such space is available. The exact site to which TENANT may relocate will be I Ltemlined by OWNER, and it may be upon any portion of OWNER's Property (or other property owned or controlled by WNER) provided that TENANT reasonably approves the site as equally suitable for TENANT's intended uses. OWNER will designate a site to which TENANT may relocate prior to the taking, condemnation or sale. In the event no alternative portion of the OWNER's Property is equally suitable for the purposes of TENANT, then TENANT may terminate this Lease. C. OWNER shall receive the entire condemnation award for land, Tower and such other improvements as are paid for by OWNER, and TENANT hereby expressly assigns to OWNER any and all right, title and interest of TENANT now or hereafter arising in and to any such award. TENANT shall have the right to recover from such authority but not from OWNER, any compensation as may be awarded to TENANT on account of the leasehold interest of TENANT now or hereafter arising in and to any such award. TENANT shall have the right to recover from such authority, but not from OWNER, any compensation as may be awarded to TENANT on account of the leasehold interest, moving and relocation expenses, and deprecation to and removal of the personal property and fixtures of TENANT. 16. LIENS TENANT shall keep the Property free from any liens arising out or any work performed, materials furnished, or obligations incurred by or for TENANT. TENANT shall, within twenty (20) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond. No work which OWNER permits TENANT to perform on the Property shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reason of its consent to such work. OWNER shall have the right to post notices that it is not responsible for payment for any such work. 17. TAXES TENANT shall be liable for and shall pay to the applicable taxing authority if billed directly to TENANT, or to OWNER if billed to OWNER, upon thirty (30) days prior, written notice from OWNER, any and all taxes and assessments levied against any personal GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1 OA-27 property or trade or other fixtures placed by TENANT in or about the Property. NANT shall pay as additional rent any increases in real property taxes levied against OWNER's Property, including the Tower, �.d result of improvements constructed by TENANT on the Property. TENANT will not be responsible for any increases in real property taxes, which are a result of reassessment of OWNER's Property due to any sale or transfer of ownership thereof. 18. QUIET ENJOYMENT AND NON-INTERFERENCE A. OWNER warrants and agrees that TENANT, upon paying the rent and performing the covenants herein provided, shall peaceably and quietly have and enjoy the Property. B. TENANT covenants and agrees that TENANT's equipment, its installation, operation and maintenance will: (1) Not interfere with the operation of existing radio equipment at the Tower, whether operated by OWNER or other operators prior to installation of TENANT's antennas and/or transmission lines on the Tower. TENANT shall coordinate with OWNER and all other operators of existing radio equipment at the Tower to insure that TENANT's frequencies and antenna locations will be compatible with said existing radio equipment. In the event there is harmful interference to said electronic equipment, TENANT will promptly take all steps to eliminate said harmful interference within ten (10) days after notice from OWNER or such other operator to TENANT advising of the interference. If said interference cannot be eliminated within thirty (30) days of notice thereof, TENANT agrees to suspend operations (transmissions) at the site while the interference problems are studied and a means found to mitigate them. If said interference cannot be eliminated, then TENANT shall remove its building and equipment from OWNER's Property and this Lease shall thereupon be terminated. In addition, in the event OWNER desires to install its own additional radio equipment at the water tower site in the future, TENANT agrees to work with OWNER to eliminate any interference with said radio equipment. However, TENANT shall not be required to eliminate interference on equipment installed after TENANT's equipment is installed. However, in no event shall TENANT be required to deactivate or move its antennas or equipment on the tower site or the equipment building. (2) During the term of this Lease or any extension thereof, OWNER shall not permit other tenants, to place or gate any equipment, which would interfere with TENANT's equipment or operations on the OWNER's Property or Property. JNER shall cause that all subsequent tenants on the Tower to first coordinate with SWBW to ensure that their frequencies and antenna locations will be compatible with TENANT's and to agree to a clause similar to this Paragraph 8.B.(1) herein, promising to immediately eliminate harmful interference if said tenant's radio equipment should interfere with that of TENANT herein. C. Comply with all applicable rules and regulations of the Federal Communications Commission, and electrical codes of City of Southlake and for State of Texas. Under this Lease, the OWNER assumes no responsibility for the licensing, operations and/or maintenance of TENANT's equipment, antennas, transmission lines or attachments. 19. COORDINATION OF OPERATION A. OWNER agrees (i) to use its diligent efforts to minimize inconvenience to TENANT by using its diligent efforts not to cause or permit any interruption or interfere with the operations of TENANT's antennas or equipment, and (ii) to give TENANT notice of any repairs, alterations, additions or improvements to be made with respect to the maintenance and operation of the Tower and the Property or of any planned shut downs associated with the Tower for scheduled or routine maintenance that might adversely affect the operation of TENANT's wireless communications facility, antennas or equipment at least sixty (60) days written notice before the repair, alteration, addition, improvement or shut down of the tower. B. Only qualified and adequately insured employees, agents, contractors or persons under TENANT's direct supervision will be permitted to climb the Tower and to install, maintain, or remove TENANT's antennas and/or equipment from the Tower. OWNER retains the right to permit its own employees and agents and employees and agents of the subsequent users of the Tower to climb the Tower for the purpose of repair and maintenance or for any other purposes that do not interfere with TENANT's use of the Tower, and so long as TENANT complies with the provisions of Paragraph 19 of this Lease. C. OWNER shall not permit any person, including without limitation any contractor, employee, agent, tenant, or invitee, to work within a ten (10) foot radius of TENANT's antennas unless TENANT is notified prior to such activity. OWNER GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1OA-28 agrees to give TENANT reasonable advance written notice (except in the case of emergency where advance written notice cannot tie reasonably given, in which event, OWNER shall give TENANT telephonic notice (at 1-425-586-8040) of repairs, alterations, itions, or improvements to be made with respect to the maintenance and operation of the Tower and the Property within such �, ius of the antennas. D. In the event that OWNER determines that any equipment or operation of TENANT causes radio interference, as defined and regulated by the Federal Communications Commission, or interferes with the operation or use of the Tower or with any of OWNER's facilities or OWNER's equipment on the Tower, then TENANT shall have thirty (30) days within which to correct such radio interference, pursuant to Paragraph 11.A. (2) hereof, unless such interference is with OWNER's emergency communications; then such interference shall be corrected immediately or terminated. E. It is further understood and agreed that OWNER may perform reasonable routine maintenance, painting, etc. of the Tower without compensation or liability to TENANT, even though such maintenance and painting may cause interference with TENANT's operations. OWNER shall notify TENANT at least sixty (60) days prior to any scheduled maintenance or painting on the Tower that will be likely to interfere with the operation of TENANT's equipment and allow TENANT to construct and operate temporary facilities on OWNER's Property. OWNER shall not be required to notify TENANT prior to performing any emergency maintenance on the Tower. F. To the extent that any shut down, repair, alteration, addition or improvement of the Tower might adversely affect the operation of TENANT's Wireless Communications facility, antennas or equipment for a period in excess of fourteen (14) days, the rent shall be abated for the relevant time period during which TENANT's operations are adversely affected. 20. LIGHTING OF ANTENNAS OWNER hereby agrees that, if because of TENANT's operations on the Property any laws or regulations of the Federal Aviation Administration, Federal Communications Commission or any other relevant governmental agency or body require or recommend that TENANT's antennas and/or the Tower be lit and/or marked, TENANT may install and maintain such lighting and markings. In no event, however, shall TENANT be responsible for the installation or maintenance of any lighting or markings required by the rations of OWNER or any other tenant in the Tower. OWNER will permit TENANT access to all portions of the Tower that ,NANT may need in order to check and replace such required or recommended lighting or marking. 21. BROKERS OWNER and TENANT represent to each other that they have not negotiated with any real estate broker in connection with this Lease. 22. ESTOPPEL CERTIFICATES A. OWNER, at the request of TENANT, shall provide TENANT with a certificate stating: (1) whether OWNER has any claim against TENANT and if so, stating the nature of such claim; (2) that OWNER recognizes TENANT's right to TENANT's antennas, equipment and other property; (3) that TENANT has the right to remove TENANT's equipment and other property from the Property notwithstanding that same may be considered a fixture under local law; and (4) that OWNER has no interest in and disclaims any interest to TENANT's equipment and other property. B. TENANT, at the request of OWNER, shall provide OWNER with a certificate stating: (1) that this Lease is unmodified and in full force and effect (or, if there has been any modification, that the same is in full force and effect as modified and stating the modification); (2) whether or not, to TENANT's knowledge, there are then existing any set -offs, or defenses against the enforcement of any of the agreements, terms, covenants or conditions hereof upon the part of TENANT to be performed or complied with (and, if so specifying the same); and (3) the dates, if any, to which the rent has been paid in advance. 23. MISCELLANEOUS PROVISIONS A. This Lease is not a franchise. This agreement does not prevent the OWNER from seeking to implement a franchise on TENANT, but TENANT does not acknowledge that the OWNER has a right to franchise TENANT or waive any right GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1OA-29 it might have to contest a franchise. B. OWNER warrants and agrees that OWNER is seized of good and sufficient title to and interest in the Property . has full authority to enter into and execute this Lease and that here are no undisclosed liens, judgments or impediments of title on OWNER's Property that would affect this Lease. C. This Lease, including attached exhibits which are hereby incorporated by reference, incorporates all agreements and understandings between OWNER and TENANT, and no verbal agreements or understandings shall be binding upon either OWNER or TENANT, and any addition, variation, or modification to this Lease shall be ineffective unless made in writing and signed by the parties. D. OWNER agrees that OWNER's Property (including, without limitation, the Tower) and all improvements comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi -governmental authority. All such compliance shall be accomplished at OWNER's sole cost and expense. Except for improvements made by TENANT, OWNER, at its sole cost, shall maintain in good condition and repair, the Tower and other improvements upon which the Property is located. TENANT agrees that TENANT's property and all equipment and improvements erected hereunder shall comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi - governmental authority. All such compliance shall be accomplished at TENANT's sole cost and expense. TENANT, at its sole cost and expense, shall maintain the appearance of all such equipment and improvements in a manner or condition not materially different from that at the time of installation. E. This Lease and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of Texas. Any litigation concerning this Lease shall be conducted in Tarrant County, Texas and the parties hereby agree to the venue and personal jurisdiction of these courts. F. This Lease, and each and every covenant and condition herein, is intended to benefit the Property and shall extend to and bind the heirs, personal representatives, successors and assigns of the parties. G. The parties agree that all of the provisions hereof shall be construed as both covenants and conditions the same if the words importing such covenants and conditions had been used in each separate paragraph. H. The parties acknowledge that each has had an opportunity to review and negotiate this Lease and have executed this Lease only after such review and negotiation. The language of each part of this Lease shall be construed simply and according to its fair meaning, and this Lease shall not be construed more strictly in favor or against either party. I. At OWNER's option, this Lease shall be subordinate to any mortgage by OWNER which from time to time may encumber all or any part of the Property, provided that every such mortgagee shall recognize (in writing and in a form acceptable to TENANT's counsel) the validity of this Lease in the event of a foreclosure of OWNER's interest and also TENANT's right to remain in occupancy and have access to the property as long as TENANT is not in default of this Lease. TENANT shall execute whatever instruments may reasonably be required to evidence this subordination. If, as of the date of execution of this Lease, there is any deed of trust, ground lease or other similar encumbrance affecting OWNER's Property, OWNER agrees to use its best efforts in cooperating with TENANT to obtain from the holder of such encumbrance an agreement that TENANT shall not be disturbed in its possession, use and enjoyment of the Property. J. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in such court's opinion to render such condition enforceable and, as so modified, such portion and the balance of this Lease shall continue in full force and effect. K. If either party institutes any action or proceeding in court to enforce any provision hereof, or any action for damages for any alleged breach of any provision hereof, then the prevailing party in such action or proceeding shall be entitled to receive from the non -prevailing party such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing party, together with its other reasonable litigation expenses. GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 10 1 OA-30 L. In addition to the other remedies provided for in this Lease, OWNER and TENANT shall be entitled to '-"mediate restraint by injunction of any violation of any of the covenants, conditions, or provisions of this Lease. M. The captions of the paragraphs of this Lease are for convenience of reference only and shall not affect the interpretation of this Lease. END OF ARTICLES IN WITNESS WHEREOF, OWNER and TENANT have duly executed this Lease as of the day and year first above written. TENANT: Cook Inlet/VoiceStream PCS, L.L.C., a Delaware limited liability company By: _ Name: Address: OWNER: City of Southlake, Texas By: _ Name: Its: Tax No: GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 11 1 OA-31 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared) (name), (title), (company name), a corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said (company name), a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this A.D. 1999. Notary Public in and for the State of Texas My Commission Expires GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) day of 12 1 OA-32 NOTARIES -GROUND AND TOWER LEASE AGREEMENT STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of _ of a 1999, by corporation, on behalf of the corporation. O by partner (or agent) on behalf of , a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC -STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: �TATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this . of day of a 1999, by corporation, on behalf of the corporation. ❑ by partner (or agent) on behalf of , a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC -STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 13 1 OA-33 The description of the Property is as follows: EXMff "Al" LEGAL DESCRIPTION SITE ID: DA2229 5.0 ACRE TRACT DESCRIPTION BEING a 5.00 acre tract situated in the J. J. FRESHOUR SURVEY, ABSTRACT No. 571, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a railroad spike found in the center line of Florence Road, said spike also being the northeast corner of a tract of land conveyed to James Virgil as recorded in V. 5955, F. 21, DRTCT; said spike also being the northwest corner of a tract of land conveyed to C. J. Brewer as recorded in V. 6167, P. 974, DRTCT; THENCE East along the center line of Florence Road -for a distance of 410.OU feet to a 1/2 inch pipe being the northeast corner of said Brewer tract, said pipe iron pipe found for corner, said also being the northwest corner of a tract of land conveyed to Everett H. Davis as recorded in V. 7090, P. 187, DRTCT; •.. THENCE South for a distance of 865.20 feet to a 3/8 inch iron rod set, said iron being in the west line of said Davis tract, said iron also being the POINT OF BEGINNING of the tract of land herein described; THENCE South for a distance of 526.26 feet to a 1 /2 inch iron rod found for corner, said iron being the southwest corner of said Davis tract, said iron also being in the north line of a tract or land conveyed to Wm. W. Johnson as recorded in V. 2244, P. 339, DRTCT; THENCE West for a distance of 412.50 feet to a 1 /2 inch iron rod found for corner, said iron being in the northerly line of a tract of land conveyed to Royal E. Smith as recorded in V. 4077, P. 477, DRTCT, said iron also being the southeast corner of a tract of land conveyed to Steve Bell et ux Kathryn, as recorded in V. 6752, P. 431, DRTCT; THENCE N 000 07' 27" W for a distance of 526.26 feet to a 3/8 inch iron rod set, said iron being in the east line of a tract of land conveyed to Willis Lester Dowll et ux, Dell as recorded in V. 59552 P. 25, DRTCT; THENCE N 89" 59' 52" E for a distance of 413.64 feet to the POINT OF BEGINNING and containing 5.00 acres (217,804 square feet) of land more or less. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OF THE FOLLOWING DESCRIBED PROPERTY: GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 14 1OA-34 30' ACCESS EASEMENT DESCRIPTION BEING a tract of land situated in the J. J. FRESHOUR SURVEY, Abstract No. 521, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: CONtMENCING at a railroad spike found in the center line of Florence Road, said spike also being the northeast corner of a tract of land conveyed to James Virgil as recorded in V. 5955, F. 21, DRTCT; said spike also being the northwest corner of a tract of land conveyed to C. J. Brewer as recorded in V. 6167, P. 974, DRTCT; THENCE East along the center line of Florence Road for a distance of 195.00 feet to a point for the northwest corner of the herein described easement for the POINT OF BEGINNING. THENCE East along the .centerline of Florence Road a distance of 30.00 feet to a point for corner; THENCE S 000 04' 4 1 " E for a distance of 865.20 feet to a point for corner; THENCE S 890 59' 59" W for a distance of 30.00 feet to a point for corner; THENCE N 000 04' 41" W for a distance of 865.20 feet to the point of beginning and containing 0.596 acres (25956.9 square feet) of land more or less. TOGETHER WITH AIN EASEMENT FOR UTILITIES OVER THE FOLLOWING DESCRIBED PROPERTY: 15' UTILITY EASEMENT DESCRIPTION BEING a tract of land situated in the J. J. FRESHOUR SURVEY, ABSTRACT NO. 521, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: C0M.MENCING at a railroad spike found in the center line of Florence Road, said spike also being the northeast corner of a tract of land conveyed to James Virgil as recorded in V. 5955, P. 21, DRTCT; said spike being the northwest corner of a tract of land conveyed to C. J. Brewer as recorded in V. 6167, P. 974, DRTCT; THENCE East along the center line of Florence Road for a distance of 193.00 feet to a point for the northeast corner of the herein described easement for the POINT OF BEGINNING. THENCE S 00" 04' 41" E for a distance of 865.20 feet to a point for corner; THENCE S 390 59' 59" W for a distance of 15.00 feet for corner; HENCE N 00" 04' 4 1 " W for a distance of 865.20 feet to a point for a corner in the center .inc of Florence Road; THENCE East along the center line of Florence Road for a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.298 acres (1278.4 square feet) of land more or less- 1 OA-35 E11r11 I "AT" DEPICTION OF PROPERTY SITE ID:DA2229 The leased Property is situated within OWNER's Property as described in Exhibit "A1 ". f I I 1 ! 1 1 1 I I 1 ♦ \ ' ♦ _IOwFP � ..... PE;;14C TES :F � 3'- Afl'I'•ITIa 1.aEl.� - fyZn:}I,ICN'AL MI IAI -- I ME•A r,ntf PCF CET :!i-', - AREA----- O --- f'Of:UOII IL QN:NPii':.N CABLES TI; HE RUN IN �- .,ABLE TRAY'N/ GALVAM7.ED 14 ^JtAF FAAMCM PLAIE COVER . -- rif v: a-MCn' fE friIIFUENT PAD NEW BRICK SCREEN WALL -Wf41ND E'N'PMEN7 PAD ,iF. DET. 3/C-3• ---- NEW EQUIPMENT CABINETS iriotED STnNE SIIRFACE W/-10TEADLE FABRIC REF. "T. 5/C-4 0 YEL'C SITE PLAN - NORTH GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 15 1OA-36 NOTES: 1.) GRADING OF SITE TO BE LARTED TO THE AREA VATHIN LEASE SPACE CONTRACTOR TO GRADE SITE To DIRECT FLOW OF WATER ASHY FROM STS EOUIPMENT. 2.) CONTRACTOR TO VERIFY LOCATION' OF ALL UnUTIES PRIOR TO DIGGING. 3.) EXACT LOCATION OF EQUIPMENT PAD TO BE VERIFIED YATN WCS BEFORE CONSTRUCTION. 4.) CONTRACTOR IS RESPONSIBLE FOR MAINTAINING AND REPAt" DRIVEWAY DAMAGE S.I CGNTRACrGR SHALL HvDROMULCH AND REVEGETATE ALL DISTURSIFO AREAS. G.) F"r4iLD FLOOR ELEVATION OF EQUIPMENT PAD SHALL BE LEVEL AND A MINIMUM OF 6• ABOVE AWACENT GRADES (SEE DETAIL 5 24EET S-2A 7.) EAISIfNG SITE INFORMATION PROVIDED BY OTHERS SEE StET C-1. EXHIBIT "AY TENANT'S LEASE SPACE ON TOWER EXHIBIT SITE ID: DA2229 TING WATER TOWER ING ANTENNAS ATWALK HANDRAIL .MAIN ES TO BE RUN ON OM OF CATWALK VOICE STREAM ANTENNAS ITED TO EXISTING CATWALK GET. b;'C-A 40TES: THE SIZE. HEIGHT. AND DIRECTION OF THE ANTENNA SHALL BE ADJUSTED TO MEET SYSTEM REOUIREMEN TS. [.) I:UNTRALTGR SHALL VERIFY HEIGHT OF ANTENNA WITH VrWCESTREAM Pr' 3.) HEIGHTTAAVERIFYCION SHALL AND DIRECTION ON OF MICROWAVE DISHES WITH VOICESTREAM PROJECT MANAGER (WHEN APPLICABLE). 4.) ALL ANTENNA AZIMUTH TO BE FROM TRUE NORTH. V VOICESTREAM JIPMENT CABINET t GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 16 1 OA-37 EXHIBIT `°AY (cont) TENANT'S PLAN AT ANTENNA SITE ID: DA2229 XISTING TOWER CATWALK RAILING i 3/8" GALV. PIPE SUPPORT HELD 1 /2" BAR STOP DN FACE OF PIPE ABOVE U—BOLT 3/8" GALV. U—BOLTS ANTENNA ANTENNANECLAMPS TO EXIST.. VERTICAL RAILING SUPPORTS EXISTING TANK 6 ANTENNA MOUNT DETAIL (�C-4/ N.T.S. GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 17 1 OA-38 Ground and Tower Lease Agreement dated , 1999 between the City of Southlake, as OWNER and Cook Inlet/VoiceStream PCS, L.L.C., a Delaware limited liability company as TENANT. As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or permits pertaining to the protection of human health and/or the environment, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. § § 6901, et seq., the Clean Air Act, 42 U.S.C. § § 7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. § § 1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. § § 1101, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § § 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. § § 2601, et seq., the Oil Pollution Control Act, 33 U.S.C. § § 2701, et seq., and Texas superfund laws, or any other comparable local, state or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. This definition includes all federal, state or local land use laws dealing with environmental sensitivity including, but not limited to, laws regarding wetlands, steep slopes, aquifers, critical or sensitive areas, shorelines, fish and wildlife habitat, or historical or archeological significance. As used in this Lease, "Hazardous Substance" means any hazardous or toxic substances as defined by the Comprehensive .vironmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time; any and all material waste or substance defined as hazardous pursuant to any federal, state or local laws or regulations or order, and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and their byproducts. GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 18 1 OA-39 GROUND AND TOWER LEASE AGREEMENT 1%-"" SITE ID:DA2230 THIS GROUND AND TOWER LEASE AGREEMENT ("Lease") is entered into as of this — day of , 1999, by and between City of Southlake, Texas, a municipal corporation ("OWNER") and Cook hilet/VoiceStream PCS, L.L.C., a Delaware limited liability company ("TENANT"). In consideration of the premises and of the mutual obligations and agreements in this Lease, the parties agree as follows: 1. THE PROPERTY A. OWNER is the titleholder of that certain real property commonly known as the proposed Elevated Water Tower, ("Tower") at 320 N iron Drive, City of Southlake, County of Tarrant, State of Texas ("OWNER's Property") which is described on the attached Exhibit "Al." The parties agree that the legal description of OWNER's Property may be attached as Exhibit "Al" after execution of this Lease. B. TENANT hereby desires to lease a portion of OWNER's Property, and a certain portion of the elevated water storage tank (`Tower") located on OWNER's Property, together with obtaining a right of access and a right to install utilities (the "Property") as set forth in Exhibit "AT'. The Property and landscaping requirements, including any fencing, are to be determined by the OWNER in advance of the placement of any TENANT's equipment. TENANT may terminate this Lease without penalty if iNANT does not agree to the Property or landscaping requirements. In addition, TENANT shall have the right to run cables and (*M. fires under, over and across OWNER's Property to connect TENANT's equipment on the Tower to its equipment in its facility located on the Property as approved by OWNER. TENANT may park its vehicles on OWNER's Property when TENANT is constructing, removing, replacing, and/or servicing its communications facility. C. TENANT covenants and agrees that it has inspected the Tower and the Property and that it does not rely on any representation of OWNER as to the condition of the Property or Tower or their suitability for the purposes and uses herein intended. TENANT accepts the Property in its present condition and finds it suitable for the purposes herein intended. OWNER hereby grants TENANT the right to obtain a title report, soil tests, and other engineering procedures or environmental investigations on, under and over the Property necessary to determine that TENANT's use of the Property will be compatible with TENANT 's engineering specifications, system, design, operations and Governmental Approvals (hereinafter defined). TENANT may terminate this Lease without penalty if, in its sole discretion, determines that the title report, soil tests and other engineering or environmental investigations are not satisfactory or that it will be too time consuming or expensive or if the Governmental approvals are denied. D. OWNER and TENANT further agree that the Property (including an access right-of-way thereto but excluding the space on the Tower) may be surveyed by a licensed surveyor at the sole cost of TENANT, and such survey shall then replace Exhibit "AT' and become a part hereof and shall control to describe the Property in the event of any discrepancy between such survey and the description contained in Paragraph I.B. above. 2. LEASE AND EASEMENT OWNER leases the Property to TENANT and grants to TENANT a non-exclusive easement (during the term of this Lease) to access the Property (seven [7] days a week, twenty-four [24] hours a day) and to install, remove, replace, and maintain utility cables, conduits and pipes from the Property to the appropriate, in the discretion of TENANT, source of electric and telephone GROUND AND TOWER LEASE AGREEMENT (Revised 08/18199) M I R O N TOWER 1OA-40 facilities. TERM AND RENT A. This Lease shall be for a initial term of five (5) years beginning on December 1, 1999 ("Commencement Date") at an Annual Rent of eleven thousand forty dollars ($11,040), which rent shall be paid annually, in advance, beginning on the Commencement Date and on each anniversary thereof (partial years prorated) to OWNER or as OWNER may otherwise direct from time to time in writing at least thirty (30) days before any rent payment date. B. TENANT is granted options to extend this Lease on these same terms and conditions for four (4) additional five (5) year extension period(s) after the original term expires. This Lease shall automatically be extended for the next extension period at the end of the then -current term subject to the termination requirements in Section 5. C. The Annual Rent for each extension period shall be the Annual Rent in effect for the final year of the prior term or extension period, as the case may be, increased by fifteen percent (15%). D. Should this Lease still be in effect at the conclusion of all the extension periods provided for herein, this Lease shall continue in effect upon the same terms and conditions [other than Annual Rent which shall be an amount equal to the Annual Rent in effect for the prior one (1) year period, increased by Paragraph 3.C. above for a further period of one (1) year, and for like annual periods thereafter, until and unless terminated by either party by giving to the other at least six (6) months written notice of its intention to so terminate before the date this Lease expires. 4. USE OF THE PROPERTY A. TENANT may use the Property for any lawful purpose, relating to construction, removal, replacement, maintenance, security and operation of a communications facility, including, without limitation, required TENANT antenna array (as such antenna array may be modified, added to or substituted from time to time) and antenna support structures, and for any other uses incidental thereto. TENANT shall not use or permit the Property to be used for any purposes other than described above �hout the written consent of OWNER, which consent will not be unreasonably withheld. Each such antenna or antenna support .icture may be configured as requested by TENANT from time to time provided TENANT obtains, pursuant to Paragraph 4.B., I permits and approvals required by applicable jurisdictions for such requested configuration notwithstanding the above. OWNER shall approve, disapprove or request modifications to plans for any improvements or modifications installed by TENANT on the Property, which review and action shall not be unreasonably withheld or delayed. Any plans for improvements or modifications submitted by TENANT to OWNER shall be deemed approved if OWNER does not respond to a request from TENANT within thirty (30) days. Improvement of the Property to meet TENANT's needs shall be at TENANT's sole expense, and TENANT shall maintain such improvements to the Property in a reasonable condition throughout the term. B. OWNER acknowledges that TENANT 's ability to use the Property for its intended purposes is contingent upon TENANT 's obtaining and maintaining, both before and after the Commencement Date, all of the certificates, permits, licenses and other approvals (collectively, "Governmental Approvals") that may be required by any federal, state or local authority for the foregoing uses and improvements to the Property desired by TENANT. OWNER shall cooperate with TENANT in TENANT's efforts to obtain such Governmental Approvals and shall take no action that would knowingly or intentionally adversely affect TENANT's obtaining or maintaining such Governmental Approvals, so long as TENANT is in compliance with applicable provisions of federal, state, and local laws and regulations. 5. TERMINATION A. Provided TENANT is not in default hereunder, if any of the following occurs, TENANT shall have the right to immediately terminate this Lease by giving written notice to OWNER of such termination. 1. TENANT determines, in its sole discretion, that it will be unable to obtain all necessary Governmental Approvals for TENANT's intended use of and improvements to the Property desired by TENANT or that it will be too time consuming or expensive to obtain such Governmental Approvals; or 2. TENANT's application for any Governmental Approvals necessary for TENANT 's use of the Property GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1 OA-41 and improvements desired by TENANT is denied; or 3. Any Governmental Approvals necessary for TENANT 's use of the Property and/or improvements to the Property, whether now or hereafter desired by TENANT, are canceled, expired, lapsed or are otherwise, terminated or denied so that TENANT, in its reasonable judgement, determines that it will no longer be able to use the Property for TENANT's intended use; or 4. The Federal Commumeations Commission allocates the frequencies at which TENANT may operate its antennas and equipment and may from time to time change such frequencies. Any change of this nature that, in TENANT 's reasonable judgement, renders its operation of a wireless communications facility at the Property obsolete; or 5. If TENANT determines that the Property has become unsuitable for TENANT's operations due to changes in system or network design or in the types of equipment used in such operations or TENANT's operations at the Property become unprofitable; or 6. If OWNER commits a breach of this Lease and fails to cure such breach within thirty (30) days after notice of the breach and requests to cure from TENANT; or B. Provided TENANT is not in default hereunder and shall have paid all rents and sums due and payable to OWNER by TENANT, TENANT shall have the right to terminate this Lease upon one (1) year prior written notice to OWNER. C. OWNER shall have the right to terminate this Lease at any time after five (5) years upon one (1) year prior written notice to TENANT. Notwithstanding anything contained herein to the contrary, OWNER shall have the right to terminate this Lease at any time upon thirty (30) days prior written notice to TENANT should OWNER, in its sole discretion, determine that the Tower upon which TENANT's equipment is to be installed should be removed or dismantled. D. Notwithstanding anything herein to the contrary, any breach, default or failure by TENANT to perform any of the duties or obligations assumed by TENANT under this Lease, or to faithfully keep and perform any of the terms, conditions and provisions hereof, shall be cause for termination of this Lease by OWNER in the manner set forth in this Paragraph. OWNER shall liver to TENANT ten (10) days prior written notice of its intention to terminate this Lease, including in such notice a reasonable scription of the breach, default or failure. If TENANT shall fail or refuse to cure, adjust or correct the breach, default or failure within said ten (10) days written notice to TENANT, to terminate this Lease. Upon termination of this Lease, all rights, powers and privileges of TENANT hereunder shall cease and terminate and TENANT shall, within thirty (30) days, vacate the Property and remove all of its improvements, fixtures and equipment. In the event TENANT does not vacate the Property within said period, OWNER may, without being deemed guilty of trespass, and without any liability whatsoever on the part of OWNER, enter upon and take full possession of the Property and remove any and all improvements, fixtures and equipment not belonging to OWNER that may be found upon the Property without being liable for damages. E. Any termination notice rendered by TENANT or OWNER pursuant to this Paragraph shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Lease. 6. ASSIGNMENT AND SUBLETTING A. Except to a "Partner Company," "Affiliate," "Subsidiary" or a Subsidiary or Affiliate of a Partner Company of TENANT (as defined below), TENANT shall not assign this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise or mortgage or pledge the same, or sublet the Property, or any part thereof, without the prior written consent of OWNER such consent not be unreasonably withheld or delayed. OWNER's consent to an assignment or sublease shall be deemed given if OWNER does not respond to TENANT's request within ninety (90) days after OWNER's receipt of such request. B. No consent by OWNER to any assignment or sublease by TENANT shall relieve TENANT of any obligation to be performed by TENANT under this Lease, whether arising before or after the assignment or sublease. The consent by OWNER to any assignment or sublease shall not relieve TENANT from the obligation to obtain OWNER's express written consent to any other assignment or sublease. GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1 OA-42 C. Any sale or other transfer, including by consolidation, merger or reorganization, of a majority of the voting stock TENANT, if TENANT is a corporation, or any sale or other transfer of a majority in interest (whether of profits, losses, capital toting power) or a majority of the persons composing the managers of the partnership, if TENANT is a partnership, shall not be an assignment for purposes of this Paragraph 6. 7. FIRE OR OTHER CASUALTY A. If the Tower, or access to it, is damaged or destroyed by a casualty, OWNER shall deliver written notice to TENANT within twenty (20) days after receipt of notice from OWNER's insurance company, which notice from OWNER sets forth OWNER's election (a) not to repair, restore and/or reconstruct the Tower, or (b) to repair, restore and/or reconstruct the Tower. If, as a result of any such casualty, the Property becomes totally or partially unusable by TENANT, rent shall abate during the period of repair in the same proportion to the total rent as the portion of the Property rendered unusable bears to the entire Property. If OWNER elects to repair, then OWNER shall promptly commence appropriate repairs (to be diligently prosecuted to completion entirely at OWNER's expense), and this Lease shall continue in full force and effect. B. Notwithstanding anything contained herein to the contrary, OWNER is under no duty or obligation to repair the Tower in a manner that would accommodate TENANT's equipment or antenna array. In the event that following repairs, the Tower is no longer suitable for TENANT's intended uses, TENANT's sole remedy shall be to terminate this Lease. C. If OWNER (a) undertakes the repair, restoration and/or reconstruction of the Tower or of any access thereto but fails to complete such repair, restoration, and/or reconstruction within forty-five (45) days after the casualty, or (b) notifies TENANT of OWNER's intention not to repair, restore and/or reconstruct the Tower, or fails to deliver to TENANT the written notice required under Paragraph 7.A. within twenty (20) days, then TENANT may immediately cancel this Lease by giving written notice of its election to cancel to OWNER. 8. INDEMNIFICATION AND INSURANCE A. TENANT ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR AND HEREBY COVENANTS AND �TREES TO FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND OWNER, ITS OFFICERS, AGENTS, ERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, JUDGMENTS, ASSESSMENTS, COSTS, AND EXPENSES (INCLUDING, WITHOUT LINIITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS) FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OF ASSERTED PERSONS, TO THE EXTENT CAUSED BY THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF TENANT IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, USE OR CONDITION OF TENANT'S ANTENNAS AND EQUIPMENT, OR IN ANY WAY RESULTING FROM OR ARISING OUT OF THE WORK, SERVICES, OPERATIONS, AND LEGAL DUTIES OF TENANT, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, IF ANY. THIS PARAGRAPH 8A WELL ALSO APPLY TO ANY PERSONAL INJURIES OR DEATH TO ANY OF TENANT'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES CAUSED BY THE EXISTING DESIGN OR CONDITION OR DESIGN OF THE PROPERTY, WHICH TENANT HAS INSPECTED AND FOUND SUITABLE AND SAFE FOR ITS INTENDED PURPOSES. B. EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH 8A, IN THE EVENT OF JOINT AND CONCURRING RESPONSIBILITY OF TENANT AND OWNER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH TEXAS LAW, WITHOUT WAIVING ANY DEFENSE OF THE PARTIES UNDER TEXAS LAW. C. TENANT SHALL LIKEWISE ASSUME ALL RESPONSIBILITY AND LIABILITY FOR AND SHALL INDEMNIFY AND HOLD HARMLESS OWNER FOR ANY AND ALL INJURY OR DAMAGE TO THE PROPERTY TO THE EXTENT CAUSED BY TENANT AND ARISING OUT OF OR IN CONNECTION WITH ANY GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1OA-43 AND ALL ACTS OR OMISSIONS OF TENANT, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, INCLUDING, WITHOUT LEVIITATION, ASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS, ��ENDED BY OWNER IN ANY SUIT OR CLAIM AGAINST SWBW FOR SAME. D. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. E. TENANT shall provide OWNER with a certificate of insurance, issued by an insurance company licensed to do business in the state in which the Tower is located indicating that TENANT carries comprehensive general liability insurance with limits of liability thereunder of not less than: bodily injury: $500,000 for injury to any one person and $1,000,000 for all injuries sustained by more than one person in any occurrence; property damage: $1,000,000 for damage as a result of any one accident. Such insurance shall name OWNER as an additional insured with respect to the Property. TENANT will provide OWNER with a renewal certificate within ten (10) business days of each renewal. Any insurance required to be provided by TENANT under this Paragraph 8 may be provided by a blanket insurance policy covering this the Property and other locations of TENANT, provided such blanket insurance policy complies with all of the other requirements of this Lease with respect to the type and amount of insurance required. TENANT may also fulfill its requirements under this Paragraph 8 through a program of self-insurance, subject to approval by OWNER, which approval shall not be unreasonably withheld. If TENANT elects to self -insure, then TENANT shall furnish OWNER with a letter stating that there is a self-insurance program in effect that provides for the same, or greater, coverage than required of TENANT herein. All insurance policies furnished under this provision shall name OWNER as an additional insured. TENANT agrees to furnish OWNER with certificates of insurance certifying that TENANT has in force and effect the above specified insurance. The certificate and renewal certificates shall provide that insurance shall not be canceled or changed unless 30 days' prior written notice is just given to OWNER. "All such insurance required to be provided hereunder shall contain endorsements that (i) such insurance shall not be canceled or amended with respect to OWNER or OWNER's designees except upon thirty (30) days prior notice to OWNER or OWNER's designees by the insurance company, (ii) TENANT will be solely responsible for payment of any premiums (iii) in the event of payment of any loss covered under the policy, OWNER or OWNER's applicable loss, and (iv) TENANT's insurance is primary in the event of overlapping coverage uch may be carried by OWNER." 9. UTILITIES A. TENANT shall be responsible directly to the serving entities for all utilities required by TENANT's use of the Property; however, OWNER agrees to cooperate with TENANT in its efforts to obtain utilities from any location provided by the OWNER or the servicing utility. Should electric power be provided by OWNER, TENANT will install an electric meter and TENANT's usage shall be read by OWNER or, at OWNER'S option, by TENANT, on an annual basis and the cost of electricity used by TENANT shall be paid by TENANT to OWNER annually as a payment separate from rent and shall be computed at the then -current public utility rate. B. Should a power outage occur so that TENANT is unable to operate using power from the electric utility, TENANT may operate with an electric generator, but only until electric utility power is restored to the site. 10. RIGHTS TO EQUIPMENT; CONDITION ON SURRENDER A. TENANT's antennas and equipment shall remain personal to and the property of TENANT. At the termination or expiration of this Lease, if notice is received from OWNER, TENANT shall remove its antennas and/or equipment. TENANT shall repair any damage caused by such removal, and shall otherwise surrender the Property at the expiration of the term, as same may have been extended, or earlier termination thereof, in good condition, ordinary wear and tear, damage by fire and other casualty excepted. Any of TENANT's equipment or other property that has not been removed from the Property within thirty (30) days from the time of Lease termination shall be deemed abandoned by TENANT and OWNER shall be free to dispose of the same in any manner OWNER chooses and without any liability to TENANT therefor. B. Any claims relating to the condition of the Property must be presented by OWNER in writing to TENANT within one hundred eighty (180) days after the removal of antennas and equipment by TENANT or OWNER shall be deemed to GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1 OA-44 30' ACCESS EASEIMEi�IT DESCRIPTION BEING a tract of land situated in the J. J. FRESHOUR SURVEY, Abstract No. 521, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a railroad spike found in the center line of Florence Road, said spike also being the northeast corner of a tract of land conveyed to James Virgil as recorded in V. 5955, P. 21, DRTCT; said spike also being the northwest corner of a tract of land conveyed to C. J. Brewer as recorded in V. 6167, P. 974, DRTCT; THENCE East along the center line of Florence Road for a distance of 195.00 feet to a point for the northwest corner of the herein described easement for the POINT OF BEGINNING. THENCE East along the .centerline of Florence Road a distance of 30.00 feet to a point for corner; THENCE S 000 04' 4 1 " E for a distance of 865.20 feet to a point for corner; THENCE S 89" 59' 59" W for a distance of 30.00 feet to a point for corner; THENCE N 000 04' 41" W for a distance of 865.20 feet to the point of beginning and containing 0.596 acres (25956.9 square feet) of land more or less. TOGETHER WITH AN EASEMENT FOR UTILITIES OVER THE FOLLOWING DESCRIBED PROPERTY: 15' UTILITY EASEMENT DESCRIPTION BEING a tract of land situated in the J. J. FRESHOUR SURVEY, ABSTRACT NO. 521, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COL\,/L\ iENCING at a railroad spike found in the center line of Florence Road, said spike also being the northeast corner of a tract of land conveyed to James Virgil as recorded in V. 5955, P. 21, DRTCT; said spike being the northwest corner of a tract of land conveyed to C. J. Brewer as recorded in V. 6167, P. 974, DRTCT; THENCE East along the center line of Florence Road for a distance of 193.00 feet to a point for the northeast corner of the herein described easement for the POINT OF BEGINNING. THENCE S 00" 04' 41" E for a distance of 865.20 feet to a point for corner; THENCE S 390 59' 59" W for a distance of 15.00 feet for corner; HENCE N 00" 04' 4 1 " W for a distance of 865.20 feet to a point for a corner in the center line of Florence Road; THENCE East along the center line of Florence Road for a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.298 acres (1278.4 square feet) of land more or less. 1 OA-35 ENF rr "A2ff DEPICTION OF PROPERTY SITE ID:DA2229 The leased Property is situated within OWNER'S Property as described in Exhibit "A1 ". / i PLk6JETER .:I IU*FP d'-•1 /_ . tN if.CA:.FUUNG lfWCi._Ii /QR I AH TT 4P.A (.AELE iNE'A f:•RNAMENTAL MI IAI .%If PEF CET 1 ' .................... I•.O• 11. -•T.. Ia•. � LEASAREA ('Or:IIUIII ILRWNA i;i�N Ff ,' . -- - .• A:T! r FE NC TR ATI(W -.- -- CABLE; 'I: BF RUN IN ..ABLE TRAY W/ CALVAW7.ED la ^J.•Ati GIA14C*4D PLATE COVER E..jIIf VENT PAL) NEW BR1C1( SCREEN WALL .Wf{WD E•AAPMEN' PAD "tv AEI. 31C-3 �_—.--- NEW EOVtF"MCNT CABINETS �cu;NCD STnNE SURFACE W; -AOTEXIILL FAEIP.IC REF. DFT. 5/C-4 r-•------ 'O TEL''C � TO EIEi:. . ....... �...... _•_•_•__. _ _ ...... .. .................... I'-0- --- SITE PLAN NORTH GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 15 1 OA-36 NO IF S: T_) C NTRINACTOOR STO GRADE SI"TETTO DIRECT FLOW aF WATERAWAY FA STS EQUIPMENT. 2.) CONTRACTOR TO VERIFY LOCATIONS OF ALL URUTTES PRIOR TO DIOU"RNG 3.) EXACT LOCATION OF EQUIPMENT PAD TO BE VERIFIED WTH M'CS BEFORE CONSTRUCTION. 4.) CONTRACTOR IS RESPONSIBLE FOR MAINTAINING AND REPAIRNT: DRIVEWAY DAMAGE 7.) CGNIRAIfOR SHALL HYDROMULCH AND REVEGETATE ALL DISTURBFD AREAS. 6.) FINI:JHLD FLOOR ELEVATION OF COUiPMCNT PAD SHALL BE LEVEE AND A MINIMUM OF 6' AdU VE AWACFNT URADES (SEE OCTAL i SWEET S-2X 7.1 EAISIM. SITE INFORMATION PROVIDED BY OTHERS SEE Sr M C-1. EXHIBIT "AY TENANT'S LEASE SPACE ON TOWER EXHIBIT SITE ID: DA2229 STING WATER TOWER TING ANTENNAS :ATWALK HANDRAIL IEMAIN LES TO BE RUN ON TOM OF CATWALK VOICE STREAM ANTENNAS NTED TO EXISTING CATWALK DET, a/C-A NOTES: I ) THE SIZE. HEIGHT, AND DIRECTION OF THE ANTENNA SHALL BE ADJUSTED TO MEET SYSTEM REOUIREMEN TS. :ONTRACTIIR SHALL VERIFY HEIGHT OF ANTENNA WITH VYTICESTREAM PC` J.) CONTRACTOR SHALL VERIFY HEIGHT AND DIRECTION OF MICROWAVE DISHES WITH VOICESTREAM PROJECT MANAGER (WHEN APPLICABLE), 1.) ALL ANTENNA AZIMUTH TO BE FROM TRUE NORTH. N VO4CESTREAM JIPMENT CABINET k GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 16 1OA-37 EXHIBIT "AY (coot.) TENANT'S PLAN AT ANTENNA SITE ID: DA2229 EXISTING TOWER CATWALK RAILING 2 3/8" GALV. PIPE SUPPORT WELD V2" BAR STOP ON FA E OF PIPE ABOVE U—BOLT 3/8" GALV. U—BOLTS ANTENNA wTEACASATTACHED /BM CLAMPS EXIST. ✓ERTICAL RAILING SUPPORTS EXISTING TANK C-46 ) ANTENNA MOUNT DETAIL / N.T.S. GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 17 1 OA-38 1W:4: icily":11 �.. Ground and Tower Lease Agreement dated , 1999 between the City of Southlake, as OWNER and Cook InletNoiceStream PCS, L.L.C., a Delaware limited liability company as TENANT. As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or permits pertaining to the protection of human health and/or the environment, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. § § 6901, et seq., the Clean Air Act, 42 U.S.C. § § 7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. § § 1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. § § 1101, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § § 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. § § 2601, et seq., the Oil Pollution Control Act, 33 U.S.C. § § 2701, et seq., and Texas superfnid laws, or any other comparable local, state or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. This definition includes all federal, state or local land use laws dealing with environmental sensitivity including, but not limited to, laws regarding wetlands, steep slopes, aquifers, critical or sensitive areas, shorelines, fish and wildlife habitat, or historical or archeological significance. As used in this Lease, "Hazardous Substance" means any hazardous or toxic substances as defined by the Comprehensive ,vironmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time; any and all material waste or substance defined as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and their byproducts. GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 18 1 OA-39 GROUND AND TOWER LEASE AGREEMENT 1*.1 SITE ID: DA2230 THIS GROUND AND TOWER LEASE AGREEMENT ("Lease") is entered into as of this _ day of , 1999, by and between Citv of Southlake, Texas, a municipal corporation ("OWNER") and Cook Inlet/VoiceStream PCS, L.L.C., a Delaware limited liability company ("TENANT"). In consideration of the premises and of the mutual obligations and agreements in this Lease, the parties agree as follows: 1. THE PROPERTY A. OWNER is the titleholder of that certain real property commonly known as the proposed Elevated Water Tower, ("Tower") at 320 Miron Drive, City of Southlake, County of Tarrant, State of Texas ("OWNER's Property") which is described on the attached Exhibit "Al." The parties agree that the legal description of OWNER's Property may be attached as Exhibit "Al" after execution of this Lease. B. TENANT hereby desires to lease a portion of OWNER's Property, and a certain portion of the elevated water storage tank ("Tower") located on OWNER's Property, together with obtaining a right of access and a right to install utilities (the "Property") as set forth in Exhibit "AT'. The Property and landscaping requirements, including any fencing, are to be determined by the OWNER in advance of the placement of any TENANT's equipment. TENANT may terminate this Lease without penalty if Q,NANT does not agree to the Property or landscaping requirements. In addition, TENANT shall have the right to run cables and ,"ires under, over and across OWNER's Property to connect TENANT's equipment on the Tower to its equipment in its facility located on the Property as approved by OWNER. TENANT may park its vehicles on OWNER's Property when TENANT is constructing, removing, replacing, and/or servicing its communications facility. C. TENANT covenants and agrees that it has inspected the Tower and the Property and that it does not rely on any representation of OWNER as to the condition of the Property or Tower or their suitability for the purposes and uses herein intended. TENANT accepts the Property in its present condition and finds it suitable for the purposes herein intended. OWNER hereby grants TENANT the right to obtain a title report, soil tests, and other engineering procedures or environmental investigations on, under and over the Property necessary to determine that TENANT's use of the Property will be compatible with TENANT 's engineering specifications, system, design, operations and Governmental Approvals (hereinafter defined). TENANT may terminate this Lease without penalty if, in its sole discretion, determines that the title report, soil tests and other engineering or environmental investigations are not satisfactory or that it will be too time consuming or expensive or if the Governmental approvals are denied. D. OWNER and TENANT further agree that the Property (including an access right-of-way thereto but excluding the space on the Tower) may be surveyed by a licensed surveyor at the sole cost of TENANT, and such survey shall then replace Exhibit "AT' and become a part hereof and shall control to describe the Property in the event of any discrepancy between such survey and the description contained in Paragraph I.B. above. 2. LEASE AND EASEMENT OWNER leases the Property to TENANT and grants to TENANT a non-exclusive easement (during the term of this Lease) to access the Property (seven [7] days a week, twenty-four [24] hours a day) and to install, remove, replace, and maintain utility cables, conduits and pipes from the Property to the appropriate, in the discretion of TENANT, source of electric and telephone GROUND AND TOWER LEASE AGREEMENT (Revised 08/ 18/99) M I R O N TOWER 1 OA-40 facilities. TERM AND RENT A. This Lease shall be for a initial term of five (5) years beginning on December 1, 1999 ("Commencement Date") at an Annual Rent of eleven thousand forty dollars ($11,040), which rent shall be paid annually, in advance, beginning on the Commencement Date and on each anniversary thereof (partial years prorated) to OWNER or as OWNER may otherwise direct from time to time in writing at least thirty (30) days before any rent payment date. B. TENANT is granted options to extend this Lease on these same terms and conditions for four (4) additional five (5) year extension period(s) after the original term expires. This Lease shall automatically be extended for the next extension period at the end of the then -current term subject to the termination requirements in Section 5. C. The Annual Rent for each extension period shall be the Annual Rent in effect for the final year of the prior term or extension period, as the case may be, increased by fifteen percent (15%). D. Should this Lease still be in effect at the conclusion of all the extension periods provided for herein, this Lease shall continue in effect upon the same terms and conditions [other than Annual Rent which shall be an amount equal to the Annual Rent in effect for the prior one (1) year period, increased by Paragraph 3. C. above for a further period of one (1) year, and for like annual periods thereafter, until and unless terminated by either party by giving to the other at least six (6) months written notice of its intention to so terminate before the date this Lease expires. 4. USE OF THE PROPERTY A. TENANT may use the Property for any lawful purpose, relating to construction, removal, replacement, maintenance, security and operation of a communications facility, including, without limitation, required TENANT antenna array (as such antenna array may be modified, added to or substituted from time to time) and antenna support structures, and for any other uses incidental thereto. TENANT shall not use or permit the Property to be used for any purposes other than described above 'thout the written consent of OWNER, which consent will not be unreasonably withheld. Each such antenna or antenna support .icture may be configured as requested by TENANT from time to time provided TENANT obtains, pursuant to Paragraph 4.B., 1 permits and approvals required by applicable jurisdictions for such requested configuration notwithstanding the above. OWNER shall approve, disapprove or request modifications to plans for any improvements or modifications installed by TENANT on the Property, which review and action shall not be unreasonably withheld or delayed. Any plans for improvements or modifications submitted by TENANT to OWNER shall be deemed approved if OWNER does not respond to a request from TENANT within thirty (30) days. Improvement of the Property to meet TENANT's needs shall be at TENANT's sole expense, and TENANT shall maintain such improvements to the Property in a reasonable condition throughout the term. B. OWNER acknowledges that TENANT 's ability to use the Property for its intended purposes is contingent upon TENANT 's obtaining and maintaining, both before and after the Commencement Date, all of the certificates, permits, licenses and other approvals (collectively, "Governmental Approvals") that may be required by any federal, state or local authority for the foregoing uses and improvements to the Property desired by TENANT. OWNER shall cooperate with TENANT in TENANT's efforts to obtain such Governmental Approvals and shall take no action that would knowingly or intentionally adversely affect TENANT's obtaining or maintaining such Governmental Approvals, so long as TENANT is in compliance with applicable provisions of federal, state, and local laws and regulations. 5. TERMINATION A. Provided TENANT is not in default hereunder, if any of the following occurs, TENANT shall have the right to immediately terminate this Lease by giving written notice to OWNER of such termination. 1. TENANT determines, in its sole discretion, that it will be unable to obtain all necessary Governmental Approvals for TENANT's intended use of and improvements to the Property desired by TENANT or that it will be too time consuming or expensive to obtain such Governmental Approvals; or 2. TENANT's application for any Governmental Approvals necessary for TENANT 's use of the Property GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 2 1OA-41 and improvements desired by TENANT is denied; or 3. Any Governmental Approvals necessary for TENANT 's use of the Property and/or improvements to the Property, whether now or hereafter desired by TENANT, are canceled, expired, lapsed or are otherwise, terminated or denied so that TENANT, in its reasonable judgement, determines that it will no longer be able to use the Property for TENANT's intended use; or 4. The Federal Communications Commission allocates the frequencies at which TENANT may operate its antennas and equipment and may from time to time change such frequencies. Any change of this nature that, in TENANT 's reasonable judgement, renders its operation of a wireless communications facility at the Property obsolete; or 5. If TENANT determines that the Property has become unsuitable for TENANT's operations due to changes in system or network design or in the types of equipment used in such operations or TENANT's operations at the Property become unprofitable; or 6. If OWNER commits a breach of this Lease and fails to cure such breach within thirty (30) days after notice of the breach and requests to cure from TENANT; or B. Provided TENANT is not in default hereunder and shall have paid all rents and sums due and payable to OWNER by TENANT, TENANT shall have the right to terminate this Lease upon one (1) year prior written notice to OWNER. C. OWNER shall have the right to terminate this Lease at any time after five (5) years upon one (1) year prior written notice to TENANT. Notwithstanding anything contained herein to the contrary, OWNER shall have the right to terminate this Lease at any time upon thirty (30) days prior written notice to TENANT should OWNER, in its sole discretion, determine that the Tower upon which TENANT's equipment is to be installed should be removed or dismantled. D. Notwithstanding anything herein to the contrary, any breach, default or failure by TENANT to perform any of the duties or obligations assumed by TENANT under this Lease, or to faithfully keep and perform any of the terms, conditions and provisions hereof, shall be cause for termination of this Lease by OWNER in the manner set forth in this Paragraph. OWNER shall liver to TENANT ten (10) days prior written notice of its intention to terminate this Lease, including in such notice a reasonable \-.11sscription of the breach, default or failure. If TENANT shall fail or refuse to cure, adjust or correct the breach, default or failure within said ten (10) days written notice to TENANT, to terminate this Lease. Upon termination of this Lease, all rights, powers and privileges of TENANT hereunder shall cease and terminate and TENANT shall, within thirty (30) days, vacate the Property and remove all of its improvements, fixtures and equipment. In the event TENANT does not vacate the Property within said period, OWNER may, without being deemed guilty of trespass, and without any liability whatsoever on the part of OWNER, enter upon and take full possession of the Property and remove any and all improvements, fixtures and equipment not belonging to OWNER that may be found upon the Property without being liable for damages. E. Any termination notice rendered by TENANT or OWNER pursuant to this Paragraph shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Lease. 6. ASSIGNMENT AND SUBLETTING A. Except to a "Partner Company," "Affiliate," "Subsidiary" or a Subsidiary or Affiliate of a Partner Company of TENANT (as defined below), TENANT shall not assign this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise or mortgage or pledge the same, or sublet the Property, or any part thereof, without the prior written consent of OWNER such consent not be unreasonably withheld or delayed. OWNER's consent to an assignment or sublease shall be deemed given if OWNER does not respond to TENANT's request within ninety (90) days after OWNER's receipt of such request. B. No consent by OWNER to any assignment or sublease by TENANT shall relieve TENANT of any obligation to be performed by TENANT under this Lease, whether arising before or after the assignment or sublease. The consent by OWNER to any assignment or sublease shall not relieve TENANT from the obligation to obtain OWNER's express written consent to any other assignment or sublease. GROUND AND TOWER LEASE AGREFIVIENT (Revised 08118/99) 1 OA-42 C. Anv sale or other transfer, including by consolidation, merger or reorganization, of a majority of the voting stock ''ENANT, if TENANT is a corporation, or any sale or other transfer of a majority in interest (whether of profits, losses, capital voting power) or a majority of the persons composing the managers of the partnership, if TENANT is a partnership, shall not be an assignment for purposes of this Paragraph 6. 7. FIRE OR OTHER CASUALTY A. If the Tower, or access to it, is damaged or destroyed by a casualty, OWNER shall deliver written notice to TENANT within twenty (20) days after receipt of notice from OWNER's insurance company, which notice from OWNER sets forth OWNER's election (a) not to repair, restore and/or reconstruct the Tower, or (b) to repair, restore and/or reconstruct the Tower. If, as a result of any such casualty, the Property becomes totally or partially unusable by TENANT, rent shall abate during the period of repair in the same proportion to the total rent as the portion of the Property rendered unusable bears to the entire Property. If OWNER elects to repair, then OWNER shall promptly commence appropriate repairs (to be diligently prosecuted to completion entirely at OWNER's expense), and this Lease shall continue in full force and effect. B. Notwithstanding anything contained herein to the contrary, OWNER is under no duty or obligation to repair the Tower in a manner that would accommodate TENANT's equipment or antenna array. In the event that following repairs, the Tower is no longer suitable for TENANT's intended uses, TENANT's sole remedy shall be to terminate this Lease. C. If OWNER (a) undertakes the repair, restoration and/or reconstruction of the Tower or of any access thereto but fails to complete such repair, restoration, and/or reconstruction within forty-five (45) days after the casualty, or (b) notifies TENANT of OWNER's intention not to repair, restore and/or reconstruct the Tower, or fails to deliver to TENANT the written notice required under Paragraph 7.A. within twenty (20) days, then TENANT may immediately cancel this Lease by giving written notice of its election to cancel to OWNER. 8. INDEMNIFICATION AND INSURANCE A. TENANT ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR AND HEREBY COVENANTS AND TREES TO FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND OWNER, ITS OFFICERS, AGENTS, "'—gERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, JUDGMENTS, ASSESSMENTS, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS) FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OF ASSERTED PERSONS, TO THE EXTENT CAUSED BY THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF TENANT IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, USE OR CONDITION OF TENANT'S ANTENNAS AND EQUIPMENT, OR IN ANY WAY RESULTING FROM OR ARISING OUT OF THE WORK, SERVICES, OPERATIONS, AND LEGAL DUTIES OF TENANT, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, IF ANY. THIS PARAGRAPH 8A WILL ALSO APPLY TO ANY PERSONAL INJURIES OR DEATH TO ANY OF TENANT'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES CAUSED BY THE EXISTING DESIGN OR CONDITION OR DESIGN OF THE PROPERTY, WHICH TENANT HAS INSPECTED AND FOUND SUITABLE AND SAFE FOR ITS INTENDED PURPOSES. B. EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH 8A, IN THE EVENT OF JOINT AND CONCURRING RESPONSIBILITY OF TENANT AND OWNER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH TEXAS LAW, WITHOUT WAIVING ANY DEFENSE OF THE PARTIES UNDER TEXAS LAW. C. TENANT SHALL LIKEWISE ASSUME ALL RESPONSIBILITY AND LIABILITY FOR AND SHALL INDEMNIFY AND HOLD HARMLESS OWNER FOR ANY AND ALL INJURY OR DAMAGE TO THE PROPERTY TO THE EXTENT CAUSED BY TENANT AND ARISING OUT OF OR IN CONNECTION WITH ANY GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1OA-43 AND ALL ACTS OR OMISSIONS OF TENANT, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, INCLUDING, WITHOUT LIMITATION, ASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS, \._.PENDED BY OWNER IN ANY SUIT OR CLAIM AGAINST SWBW FOR SAME. D. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. E. TENANT shall provide OWNER with a certificate of insurance, issued by an insurance company licensed to do business in the state in which the Tower is located indicating that TENANT carries comprehensive general liability insurance with limits of liability thereunder of not less than: bodily injury: $500,000 for injury to any one person and $1,000,000 for all injuries sustained by more than one person in any occurrence; property damage: $1,000,000 for damage as a result of any one accident. Such insurance shall name OWNER as an additional insured with respect to the Property. TENANT will provide OWNER with a renewal certificate within ten (10) business days of each renewal. Any insurance required to be provided by TENANT under this Paragraph 8 may be provided by a blanket insurance policy covering this the Property and other locations of TENANT, provided such blanket insurance policy complies with all of the other requirements of this Lease with respect to the type and amount of insurance required. TENANT may also fulfill its requirements under this Paragraph 8 through a program of self-insurance, subject to approval by OWNER, which approval shall not be unreasonably withheld. If TENANT elects to self -insure, then TENANT shall furnish OWNER with a letter stating that there is a self-insurance program in effect that provides for the same, or greater, coverage than required of TENANT herein. All insurance policies furnished under this provision shall name OWNER as an additional insured. TENANT agrees to furnish OWNER with certificates of insurance certifying that TENANT has in force and effect the above specified insurance. The certificate and renewal certificates shall provide that insurance shall not be canceled or changed unless 30 days' prior written notice is just given to OWNER. "All such insurance required to be provided hereunder shall contain endorsements that (i) such insurance shall not be canceled or amended with respect to OWNER or OWNER's designees except upon thirty (30) days prior notice to OWNER or OWNER's designees by the insurance company, (ii) TENANT will be solely responsible for payment of any premiums (iii) in the event of payment of any loss covered under the policy, OWNER or OWNER's applicable loss, and (iv) TENANT's insurance is primary in the event of overlapping coverage Q.." uch may be carried by OWNER." 9. UTILITIES A. TENANT shall be responsible directly to the serving entities for all utilities required by TENANT's use of the Property; however, OWNER agrees to cooperate with TENANT in its efforts to obtain utilities from any location provided by the OWNER or the servicing utility. Should electric power be provided by OWNER, TENANT will install an electric meter and TENANT's usage shall be read by OWNER or, at OWNER'S option, by TENANT, on an annual basis and the cost of electricity used by TENANT shall be paid by TENANT to OWNER annually as a payment separate from rent and shall be computed at the then -current public utility rate. B. Should a power outage occur so that TENANT is unable to operate using power from the electric utility, TENANT may operate with an electric generator, but only until electric utility power is restored to the site. 10. RIGHTS TO EQUIPMENT; CONDITION ON SURRENDER A. TENANT's antennas and equipment shall remain personal to and the property of TENANT. At the termination or expiration of this Lease, if notice is received from OWNER, TENANT shall remove its antennas and/or equipment. TENANT shall repair any damage caused by such removal, and shall otherwise surrender the Property at the expiration of the term, as same may have been extended, or earlier termination thereof, in good condition, ordinary wear and tear, damage by fire and other casualty excepted. Any of TENANT's equipment or other property that has not been removed from the Property within thirty (30) days from the time of Lease termination shall be deemed abandoned by TENANT and OWNER shall be free to dispose of the same in any manner OWNER chooses and without any liability to TENANT therefor. B. Any claims relating to the condition of the Property must be presented by OWNER in writing to TENANT within one hundred eighty (180) days after the removal of antennas and equipment by TENANT or OWNER shall be deemed to Q.- GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1 OA-44 have irrevocably waived any and all such claims. TENANT DEFAULTS A. The occurrence of any one or more of the following events shall constitute an "Event of Default" hereunder by TENANT: (1) The failure by TENANT to make any payment of rent or any other payment required to be made by TENANT hereunder, as and when due, where such failure shall continue for a period of ten (10) days after written notice thereof is received by TENANT from OWNER. (2) The failure by TENANT to observe or perform any of the covenants or provisions of this Lease to be observed or performed by TENANT, other than specified in Paragraph 11. A. (1), where such failure shall continue for a period of ten (10) days after written notice thereof is received by TENANT from OWNER; provided however, that it shall not be deemed an Event of Default by TENANT if TENANT shall commence to cure such failure within said ten (10) days period and thereafter diligently prosecutes such cure to completion. B. If there occurs an Event of Default by TENANT, in addition to any other remedies available to OWNER at law or in equity, OWNER shall have the option to terminate this Lease and all rights of TENANT hereunder. 12. NOTICES All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, postage prepaid, addressed as shown below (or to any other address that the party to be notified may have designated to the sender by like notice): TENANT: Lidress: Attn: With a copy to: Telephone Number: Facsimile: Cook Inlet/VoiceStream PCS, L.L.C. c/o VoiceStream PCS BTA I Corporation 3650-131'` Avenue SE, Suite 400 Bellevue, WA 98006 PCS Leasing Administrator Legal Department 425-586-8700 425-586-8040 OWNER: City of Southlake, Texas Attn: City Manager Address: 1725 E. Southlake Blvd. Southlake, Texas 76092 Telephone Number: (817) 481-5581 Extension 702 13. SALE OR TRANSFER BY OWNER Should OWNER, at any time during the term of this Lease, sell, lease, transfer or otherwise convey all or any part of OWNER'S Property to any transferee other than TENANT, then such transfer shall be under and subject to this Lease and all of TENANT's rights hereunder. 14. HAZARDOUS SUBSTANCES A. TENANT represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws (as defined in attached Exhibit "B"). OWNER represents and warrants that it has received no notice of, nor has any knowledge of, any violations of any Environmental Laws affecting the Property. OWNER represents and warrants that, to the best of its knowledge, the Property has never been used for the use, generation, storage or disposal of GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1OA-45 Hazardous Substances as defined in Exhibit `B" attached hereto. B. OWNER shall be responsible for and shall promptly conduct any investigation and remediation as required by Environmental Laws or common law of all spills or other releases of Hazardous Substances not caused by TENANT, that have occurred or that may occur on the OWNER's Property. C. TENANT agrees to defend, indemnify and hold OWNER harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that OWNER may suffer due to the existence or discovery of any Hazardous Substance on the OWNER's Property or the migration of any Hazardous Substance to other properties or released into the environment arising from TENANT's activities on the Property during the term of this Lease. D. OWNER agrees to defend, indemnify and hold TENANT harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that TENANT may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment, arising from OWNER's activities on the OWNER's Property during the term of this Lease. 15. CONDEMNATION A. In the event the whole of OWNER's Property, including without limitation the Property and Tower, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then this Lease shall forthwith automatically cease and terminate. B. In the event any portion of the Property, including without limitation the Tower, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then OWNER agrees that TENANT may use and/or construct upon an alternative portion of OWNER's Property which is equally suitable for TENANT's purposes, provided such space is available. The exact site to which TENANT may relocate will be rermined by OWNER, and it may be upon any portion of OWNER's Property (or other property owned or controlled by XNER) provided that TENANT reasonably approves the site as equally suitable for TENANT's intended uses. OWNER will designate a site to which TENANT may relocate prior to the taking, condemnation or sale. In the event no alternative portion of the OWNER's Property is equally suitable for the purposes of TENANT, then TENANT may terminate this Lease. C. OWNER shall receive the entire condemnation award for land, Tower and such other improvements as are paid for by OWNER, and TENANT hereby expressly assigns to OWNER any and all right, title and interest of TENANT now or hereafter arising in and to any such award. TENANT shall have the right to recover from such authority but not from OWNER, any compensation as may be awarded to TENANT on account of the leasehold interest of TENANT now or hereafter arising in and to any such award. TENANT shall have the right to recover from such authority, but not from OWNER, any compensation as may be awarded to TENANT on account of the leasehold interest, moving and relocation expenses, and deprecation to and removal of the personal property and fixtures of TENANT. 16. LIENS TENANT shall keep the Property free from any liens arising out or any work performed, materials furnished, or obligations incurred by or for TENANT. TENANT shall, within twenty (20) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond. No work which OWNER permits TENANT to perform on the Property shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reason of its consent to such work. OWNER shall have the right to post notices that it is not responsible for payment for any such work. 17. TAXES TENANT shall be liable for and shall pay to the applicable taxing authority if billed directly to TENANT, or to OWNER if billed to OWNER, upon thirty (30) days prior, written notice from OWNER, any and all taxes and assessments levied against any personal GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1 OA-46 property or trade or other fixtures placed by TENANT in or about the Property. NANT shall pay as additional rent any increases in real property taxes levied against OWNER's Property, including the Tower, a result of improvements constructed by TENANT on the Property. TENANT will not be responsible for any increases in real property taxes, which are a result of reassessment of OWNER's Property due to any sale or transfer of ownership thereof. 18. QUIET ENJOYMENT AND NON-INTERFERENCE A. OWNER warrants and agrees that TENANT, upon paying the rent and performing the covenants herein provided, shall peaceably and quietly have and enjoy the Property. B. TENANT covenants and agrees that TENANT's equipment, its installation, operation and maintenance will: (1) Not interfere with the operation of existing radio equipment at the Tower, whether operated by OWNER or other operators prior to installation of TENANT's antennas and/or transmission lines on the Tower. TENANT shall coordinate with OWNER and all other operators of existing radio equipment at the Tower to insure that TENANT's frequencies and antenna locations will be compatible with said existing radio equipment. In the event there is harmful interference to said electronic equipment, TENANT will promptly take all steps to eliminate said harmful interference within ten (10) days after notice from OWNER or such other operator to TENANT advising of the interference. If said interference cannot be eliminated within thirty (30) days of notice thereof, TENANT agrees to suspend operations (transmissions) at the site while the interference problems are studied and a means found to mitigate them. If said interference cannot be eliminated, then TENANT shall remove its building and equipment from OWNER's Property and this Lease shall thereupon be terminated. In addition, in the event OWNER desires to install its own additional radio equipment at the water tower site in the future, TENANT agrees to work with OWNER to eliminate any interference with said radio equipment. However, TENANT shall not be required to eliminate interference on equipment installed after TENANT's equipment is installed. However, in no event shall TENANT be required to diactivate or move its antennas or equipment on the tower site or the equipment building. (2) During the term of this Lease or any extension thereof, OWNER shall not permit other tenants, to place or erate anv equipment, which would interfere with TENANT's equipment or operations on the OWNER's Property or Property. XNER shall cause that all subsequent tenants on the Tower to first coordinate with SWBW to ensure that their frequencies and antenna locations will be compatible with TENANT's and to agree to a clause similar to this Paragraph 8.B.(I) herein, promising to immediately eliminate harmful interference if said tenant's radio equipment should interfere with that of TENANT herein. C. Comply with all applicable rules and regulations of the Federal Communications Commission, and electrical codes of City of Southlake and for State of Texas. Under this Lease, the OWNER assumes no responsibility for the licensing, operations and/or maintenance of TENANT's equipment, antennas, transmission lines or attachments. 19. COORDINATION OF OPERATION A. OWNER agrees (i) to use its diligent efforts to minimize inconvenience to TENANT by using its diligent efforts not to cause or permit any interruption or interfere with the operations of TENANT's antennas or equipment, and (ii) to give TENANT notice of any repairs, alterations, additions or improvements to be made with respect to the maintenance and operation of the Tower and the Property or of any planned shut downs associated with the Tower for scheduled or routine maintenance that might adversely affect the operation of TENANT's wireless communications facility, antennas or equipment at least sixty (60) days written notice before the repair, alteration, addition, improvement or shut down of the tower. B. Only qualified and adequately insured employees, agents, contractors or persons under TENANT's direct supervision will be permitted to climb the Tower and to install, maintain, or remove TENANT's antennas and/or equipment from the Tower. OWNER retains the right to permit its own employees and agents and employees and agents of the subsequent users of the Tower to climb the Tower for the purpose of repair and maintenance or for any other purposes that do not interfere with TENANT's use of the Tower, and so long as TENANT complies with the provisions of Paragraph 19 of this Lease. C. OWNER shall not permit any person, including without limitation any contractor, employee, agent, tenant, or invitee, to work within a ten (10) foot radius of TENANT's antennas unless TENANT is notified prior to such activity. OWNER GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 1 OA-47 agrees to give TENANT reasonable advance written notice (except in the case of emergency where advance written notice cannot be reasonably given, in which event, OWNER shall give TENANT telephonic notice (at 1-425-586-8040) of repairs, alterations, itions, or improvements to be made with respect to the maintenance and operation of the Tower and the Property within such us of the antennas. D. In the event that OWNER determines that any equipment or operation of TENANT causes radio interference, as defined and regulated by the Federal Communications Commission, or interferes with the operation or use of the Tower or with any of OWNER's facilities or OWNER's equipment on the Tower, then TENANT shall have thirty (30) days within which to correct such radio interference, pursuant to Paragraph II.A. (2) hereof, unless such interference is with OWNER's emergency communications; then such interference shall be corrected immediately or terminated. E. It is further understood and agreed that OWNER may perform reasonable routine maintenance, painting, etc. of the Tower without compensation or liability to TENANT, even though such maintenance and painting may cause interference with TENANT's operations. OWNER shall notify TENANT at least sixty (60) days prior to any scheduled maintenance or painting on the Tower that will be likely to interfere with the operation of TENANT's equipment and allow TENANT to construct and operate temporary facilities on OWNER's Property. OWNER shall not be required to notify TENANT prior to performing any emergency maintenance on the Tower. F. To the extent that any shut down, repair, alteration, addition or improvement of the Tower might adversely affect the operation of TENANT's Wireless Communications facility, antennas or equipment for a period in excess of fourteen (14) days, the rent shall be abated for the relevant time period during which TENANT's operations are adversely affected. 20. LIGHTING OF ANTENNAS OWNER hereby agrees that, if because of TENANT's operations on the Property any laws or regulations of the Federal Aviation Administration, Federal Communications Commission or any other relevant governmental agency or body require or recommend that TENANT's antennas and/or the Tower be lit and/or marked, TENANT may install and maintain such lighting and markings. In no event, however, shall TENANT be responsible for the installation or maintenance of any lighting or markings required by the gyrations of OWNER or any other tenant in the Tower. OWNER will permit TENANT access to all portions of the Tower that .NANT may need in order to check and replace such required or recommended lighting or marking. 21. BROKERS OWNER and TENANT represent to each other that they have not negotiated with any real estate broker in connection with this Lease. 22. ESTOPPEL CERTIFICATES A. OWNER, at the request of TENANT, shall provide TENANT with a certificate stating: (1) whether OWNER has any claim against TENANT and if so, stating the nature of such claim; (2) that OWNER recognizes TENANT's right to TENANT's antennas, equipment and other property; (3) that TENANT has the right to remove TENANT's equipment and other property from the Property notwithstanding that same may be considered a fixture under local law; and (4) that OWNER has no interest in and disclaims any interest to TENANT's equipment and other property. B. TENANT, at the request of OWNER, shall provide OWNER with a certificate stating: (1) that this Lease is unmodified and in full force and effect (or, if there has been any modification, that the same is in full force and effect as modified and stating the modification); (2) whether or not, to TENANT's knowledge, there are then existing any set -offs, or defenses against the enforcement of any of the agreements, terms, covenants or conditions hereof upon the part of TENANT to be performed or complied with (and, if so specifying the same); and (3) the dates, if any, to which the rent has been paid in advance. 23. MISCELLANEOUS PROVISIONS A. This Lease is not a franchise. This agreement does not prevent the OWNER from seeking to implement a franchise on TENANT, but TENANT does not acknowledge that the OWNER has a right to franchise TENANT or waive any right GROUND AND TOWER LEASE AGREEMENT (Revised 08/18199) am it might have to contest a franchise. B. OWNER warrants and agrees that OWNER is seized of good and sufficient title to and interest in the Property has full authority to enter into and execute this Lease and that here are no undisclosed liens, judgments or impediments of title on OWNER's Property that would affect this Lease. C. This Lease, including attached exhibits which are hereby incorporated by reference, incorporates all agreements and understandings between OWNER and TENANT, and no verbal agreements or understandings shall be binding upon either OWNER or TENANT, and any addition, variation, or modification to this Lease shall be ineffective unless made in writing and signed by the parties. D. OWNER agrees that OWNER's Property (including, without limitation, the Tower) and all improvements comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi -governmental authority. All such compliance shall be accomplished at OWNER's sole cost and expense. Except for improvements made by TENANT, OWNER, at its sole cost, shall maintain in good condition and repair, the Tower and other improvements upon which the Property is located. TENANT agrees that TENANT's property and all equipment and improvements erected hereunder shall comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi - governmental authority. All such compliance shall be accomplished at TENANT's sole cost and expense. TENANT, at its sole cost and expense, shall maintain the appearance of all such equipment and improvements in a manner or condition not materially different from that at the time of installation. E. This Lease and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of Texas. Any litigation concerning this Lease shall be conducted in Tarrant County, Texas and the parties hereby agree to the venue and personal jurisdiction of these courts. F. This Lease, and each and every covenant and condition herein, is intended to benefit the Property and shall extend to and bind the heirs, personal representatives, successors and assigns of the parties. G. The parties agree that all of the provisions hereof shall be construed as both covenants and conditions the same as if the words importing such covenants and conditions had been used in each separate paragraph. H. The parties acknowledge that each has had an opportunity to review and negotiate this Lease and have executed this Lease only after such review and negotiation. The language of each part of this Lease shall be construed simply and according to its fair meaning, and this Lease shall not be construed more strictly in favor or against either party. I. At OWNER's option, this Lease shall be subordinate to any mortgage by OWNER which from time to time may encumber all or any part of the Property, provided that every such mortgagee shall recognize (in writing and in a form acceptable to TENANT's counsel) the validity of this Lease in the event of a foreclosure of OWNER's interest and also TENANT's right to remain in occupancy and have access to the property as long as TENANT is not in default of this Lease. TENANT shall execute whatever instruments may reasonably be required to evidence this subordination. If, as of the date of execution of this Lease, there is any deed of trust, ground lease or other similar encumbrance affecting OWNER's Property, OWNER agrees to use its best efforts in cooperating with TENANT to obtain from the holder of such encumbrance an agreement that TENANT shall not be disturbed in its possession, use and enjoyment of the Property. I If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in such court's opinion to render such condition enforceable and, as so modified, such portion and the balance of this Lease shall continue in full force and effect. K. If either party institutes any action or proceeding in court to enforce any provision hereof, or any action for damages for any alleged breach of any provision hereof, then the prevailing party in such action or proceeding shall be entitled to receive from the non -prevailing party such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing party, together with its other reasonable litigation expenses. i GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 10 1 OA-49 L. In addition to the other remedies provided for in this Lease, OWNER and TENANT shall be entitled to immediate restraint by injunction of any violation of any of the covenants, conditions, or provisions of this Lease. M. The captions of the paragraphs of this Lease are for convenience of reference only and shall not affect the interpretation of this Lease. END OF ARTICLES IN WITNESS WHEREOF, OWNER and TENANT have duly executed this Lease as of the day and year first above written. TENANT: Cook InletNoice5tream PCS, L.L.C., a Delaware limited liability company By: Name: Address: OWNER: City of Southlake, Texas By: Name: Its: Tax No: GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 11 1 OA-50 ACKNOWLEDGMENT (.14., THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared) (title), (company name), a corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said (company name), a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this , A.D. 1999. Notary Public in and for the State of Texas My Commission Expires GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) day of 12 1 OA-51 NOTARIES -GROUND AND TOWER LEASE AGREEMENT STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of , of a 1999, by corporation, on behalf of the corporation. ❑ by partner (or agent) on behalf of , a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC -STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: 1*11.6 PATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of 1999, by , of a corporation, on behalf of the corporation. ❑ by partner (or agent) on behalf of , a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC -STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 13 1 OA-52 EXHIBIT "Al" LEGAL DESCRIPTION SITE ID: DA2230 The description of the Property is as foLows: Lot 3R-6 of the Miron Addition, situated in the John A. Freeman Survey, Abstract No. 529 as recorded in Cabinet A, Slide 1252 of the Pat Records of Tarrant County, Texas. GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 14 1 OA-53 EXHIBIT "AT' DEPICTION OF PROPERTY SITE ID: DA2230 The leased Property is situated within OWNER's Property as described in Exhibit "AI I'. / r IIOur[ N.MI NOUt II. MI[rl .•u /C .+m to.al rtn[•r 1 / I� \ HAM ACaWN [ors xs nwu JI[t & for K s[acR t JA7i i / 2 SRf F. .[R.l.C. t. I cot m sou i 11 1 afr or SDVTKA t.a. M 220 w L f2 _ _ II C..l[ .[t1[r11.1W+ i TIT EUC. 1 1� 11 i� 11 n n DETAIL SITE PLAN r. ol.rlcrr.a .cru u.rC fTl. en 7/C-v CML .4r ./ erv.l.rm I. QI•rl Ou✓.0 R.R COK. r. co.owrt catwat ..r. K. [PINY, G ,% - r el.ol Sel[DI wl .101.0 [ell. ' ..e W. OCT. ]/C-t ror� Mr~ SR Sof • I / WM a 91C TO K I..Re TOMI rr [. ten.. i[•Y �•� ornr..rW q o,. K IX1. aaCCT no. a .+m •..r ^� Y-e' ... e• .V nr. e/c-. e1S [el/.eM. m Yrly [W.t a .it um,,n e.COYG 11 ct. ImI_ a rQ/.q[..e q e[ Kl,rm wM .RS eR0[ m.srvctloa 1 o Krrtir o.r/dwv t ra f.l +r.'m 91.LL .re,ol,Aa w0 e[KC[r.K .a[ osn.om ♦.1 IMlm TT Ir[eell m Q•e[5.1.1[[„e[tM e.a,n Yt att, c-I. GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 15 1 OA-54 EXMIT "AY TENANT'S LEASE SPACE ON TOWER EXHIBIT SITE ID: DA2230 Antennas will be mounted on the Tower located on OWNER's Property described in Exhibit "Al". L SOUTHLAKE ---------------------- GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) NEW ANTENNAS MOUNTED TO CONCRETE TOWER BASE. kEF: 6/r_ .4 ROUTE COAXIAL CONDUIT UP INNER WALL OF WATER TOWER PEDESTAL RE: IO/A-3 & 4/A-3 EXISTING BRICKCRETE FENCE EQUIPMENT CABINETS NEW VOICESTREAM COMPOUND - 16 1 OA-55 EXHIBIT "AY (cont) OR TENANT'S PLAN AT ANTENNA SITE ID: DA2230 MICROFLECT 4" TUBE ENTRY KIT TO MATCH EXIST. AT EXIST. ANTENNA. VERIFY LENGTH REQUIRED. INSTALL PER MANUFACTURER'S INSTRUCTIONS ----\ I, a 4"4 CORE. SEAL WEATHERTIGHT VERIFY REQUIRED LOCATION W/ c° a ANTENNA CABLING CONNECTION VERIFY LOCATION OF REINF. S TIL, IN PANEL W/ PACHOMETER ° BEFORE CORING MICROFLECT GALVANIZED ANTENNA — 6X6X3/4X1 GALVANIZED TWO 3/8" At a 31578 MOUNT "a ° )R EQUIVALENT d ° ° a —2" a CHOR BOLTS .. ° • s ANTENNA MOUNT DETAIL C-4 N. T. S. GROUND AND TOWER LEASE AGREEMENT (Revised 08/18/99) 17 1 OA-56 FACE OF TOWER. BASE PAINT ANTENNA MOUNT do MOUNTING HARDWARE TO MATCH CONCRETE COLOR �Ground and Tower Lease Agreement dated , 1999 between the City of Southlake, as OWNER and Cook Inlet/VoiceStream PCS, L.L.C., a Delaware limited liability company as TENANT. As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or permits pertaining to the protection of human health and/or the environment, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. § § 6901, et seq., the Clean Air Act, 42 U.S.C. § § 7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. § § 1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. § § 1101, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § § 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. § § 2601, et seq., the Oil Pollution Control Act, 33 U.S.C. § § 2701, et seq., and Texas superfund laws, or any other comparable local, state or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. This definition includes all federal, state or local land use laws dealing with environmental sensitivity including, but not limited to, laws regarding wetlands, steep slopes, aquifers, critical or sensitive areas, shorelines, fish and wildlife habitat, or historical or archeological significance. As used in this Lease, "Hazardous Substance" means any hazardous or toxic substances as defined by the Comprehensive ` ivironmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time; any and all material waste or substance defined as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and their byproducts. E GROUND AND TOWER LEASE AGREEMENT (Revised 08/18199) 18 1 OA-57 City of Southlake, Texas MEMORANDUM October 15, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Authorize the Mayor to enter into an Agreement for Community Services with Northeast Transportation Service (NETS) Action Requested: City Council consideration for renewal of the agreement for community services between the Northeast Transportation Service (NETS) and the City of Southlake. Background Information: NETS currently provides transportation service to senior and handicapped residents. The first priority for their service is for medical needs. NETS will also provide rides to the Senior Activity Center if there is a van available that is not being utilized for a higher priority need, such as medical visits. Financial Considerations: The cost of service as proposed by NETS is $8,425 ($.50 per capita per resident based on 1997 population figures provided by NETS) for service beginning October 1, 1999 and ending September 30, 2000. This is the same amount requested by NETS as for fiscal year 1998-99. The approved FY 1999-2000 Community Services division budget has $83,500 allocated for community services. To date, $9,500 has bee appropriated by City Council. Citizen Input/ Board Review: The Senior Advisory Commission held a work session on September 13 with Brenda Cross, Executive Director of NETS, and reviewed the proposed contract and asked questions about current services. That meeting was followed on September 14 with the monthly meeting of the Senior Advisory Commission. Mr. Dick Johnston, leader of the Southlake Senior Transportation Service initiative was in attendance. Mr. Johnston felt the Commission should recommend that the NETS service remain available until there is a viable alternative. The Commission voted unanimously to recommend the renewal of the contract with NETS until there is a viable alternative available in the community. Legal Review: This agreement was modeled after the standard community services agreement utilized by the City and has remained the same as the agreement currently in place. 10B -- 1 Billy Campbell, City Manager October 15, 1999 Page 2 Alternatives: • Changes in the funding amount as determined by City Council • Non -renewal of community services agreement Supporting Documents: *Proposed Agreement for Community Services with Northeast Transportation Service (NETS) • NETS Summary of Services for October 1, 1998 - September 30, 1999 Staff Recommendation: Place on the October 5, 1999 City Council agenda for consideration, the proposed Community Services Agreement between the Northeast Transportation Service (NETS) and the City of Southlake. Approved for Submittal to City Council: City Manager's Office 10B -- 2 AGREEMENT FOR COMMUNITY SERVICE STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and YMCA of Metropolitan Fort Worth through the Northeast Transportation Service (hereinafter referred to as "NETS") a transportation service operated in Northeast Tarrant County by the YMCA of Metropolitan Fort Worth an organization described in section 501 (c) 3 of the Internal Revenue Code. WHEREAS, the purpose of NETS is to provide on -call transportation for certain residents of the City requesting service, as identified below, to the fullest extent practical and permissible under the Americans With Disabilities Act ("ADA"), and Section 9 ` Federal and State funding guidelines. (1) Qualifying disabled individuals; (2) Senior citizens (over the age of 60); and (3) Other qualifying residents as defined by the laws and funding guidelines referred to above; and WHEREAS, City and NETS desire to enter into an Agreement whereby NETS will provide transportation to the elderly and disabled of the Southlake Community and others as referred by City; NOW, THEREFORE, KNOWN BY ALL THESE PRESENT: That City and NETS do hereby covenant and agree as follows: SECTION 1 TRANSPORTATION SERVICE NETS will provide transportation to the persons identified in the preamble above according to the following trip priorities, to the fullest extent practical and permissible under the Americans With Disabilities Act and Section 9 Federal and State funding '�•.- - guidelines: 10-9--3 (1) Medical transportation to and from health care providers; (2) Human services transportation, such as to and from Northeast Human Services Center, United Way Services and private human services agencies and programs; (3) Recreational transportation to and from the Southlake Senior Activity Center, nursing care centers, and Community Center. (4) Transportation to and from work. (5) Limited home and personal need transportation, including necessary essentials, i.e., to and from the grocery store, drug store, bank, etc.; SECTION 2 REPORTING NETS agrees to generate quarterly reports which shall include Southlake ridership information showing the number of Southlake riders and the types of trips. City shall have access to NETS operational records and all budget reports, during normal business hours. City shall be provided information, if requested, necessary to conduct an annual performance evaluation containing the following: (1) Ridership audits including response time; (2) On -time analysis; and (3) Customer satisfaction survey. NETS agrees to provide City a membership seat on the NETS Advisory Committee. SECTION 3 INSURANCE NETS shall provide City, if requested, proof of liability insurance with minimum limits of $250,000/$500,000, with City as an additional named insured, and NETS agrees to indemnify and hold City harmless for all activities conducted by NETS under this program. City agrees to indemnify NETS and to hold it harmless for all activities conducted by City under this contract. SECTION 4 INDEPENDENT CONTRACTOR NETS is acting as an independent contractor, and City shall have no power to direct or supervise its activities in carrying out its responsibilities under this contract. SECTION 5 PAYMENT FOR SERVICES Service shall begin October 1, 1999 and ending September 30, 2000. City agrees to pay NETS $8,425 per annum ($.50 per capita per resident) beginning October 1, 1999 for the foregoing services. This rate may be increased after one year only if ridership demand within City and/or grant requirements of Federal and/or State agencies require such increase. No such rate increase shall become effective unless and until City receives written notice of intent to increase rates at least 90, but not more that 180 days prior to the effective date of any such increase. Payment for services will be no less than quarterly. Failure by the City to accept the new rate within 45 days following notice would indicate the City's intention that the agreement terminate immediately upon the effective date of the increase without further obligation of the parties except for the payment of amounts due and owing for services which have been provided. SECTION 6 TERM OF AGREEMENT This contract shall be in full force and effect for a period ending September 30, 2000. Notwithstanding any provision herein to the contrary, either party may terminate this contract upon 45 days written notice to the other. Upon termination, NETS may cease transportation services, and City shall be entitled to receive a rebate or cancellation of that proportionate part of the consideration it was required to pay under this contract based on the remaining portion of the year for which such payment was made. NETS will also recover all amounts owing for services rendered to the date of termination. This contract sets forth all the agreements between the parties and no modification shall be effective unless reduced to writing and signed by the party to be changed therewith. Executed in multiple originals. IN WITNESS WHEREOF the City and NETS have executed this agreement as of this day of 1 1999. A-- 109'r Approved as to legal form: City Attorney Mayor, City of Southlake Jerry Pipes, President YMCA of Metropolitan Fort Worth F 0 W Y � w S a o O H U� ui = s Q1 t7 Z as OC W U U) UJ U M S 2 CIOw00 :D co W z d a a Q N tu O�G� Go Q. Q. N 0 Z m _ F- O ONCE a w :l Q 2Z� Lil U- N O � C] U a5C rn W W } N J 7 W W O U O O O W m 1 o to o lA o O Ln O to O 1 0 ti O to O M o v7 a M e a to M a M m d' m o t0 Ov NM N M o� t� o o e Q 00 N d to co `E a M M o O CD m � to o (tpp n p (D tD cr) M C o M a rn a O tG oo eT m N N e o Q o di e e Mo 'Do [D O Q to N r-r ai 0 o a o 0 0 o a e M�- QNNNMNS p r tN " en to m M N LO V 1` N M m O I� tp o0 N r N CO r EO O CDCO tD V tD to N N kO 'CIO, A�- N r N tD ' M 00 tD Q t0 in NCO M trj W t0 M fD N 1 N in m ~ � N O 00 m Mtn to N r (D t'fpOd M ornm4 C,4N o �- of f� M N to to M t N r' N t[j O N C r0 N N ' t0 poj O M to y co d'rON �r�d v N ' to r Ni a�a�alai C7 O d v r o w 0c0 N ti m O r C') (-C c- r r t14 Lo N m U-) r r r M M M O to o 00 (D r V) M M,Nrlm fA In P- CM t9 t0 LO r co �W� to m 0 r- N rn trtpp` Lc�n cl -t N t0 � to 00 w O of o fV M to N Icyn o co -M 47 N (V NM�co M NtANas � r Cp tb co (MD ti r _ tj O o LO t6 to CD un Cl ti M 0 d! O O o tD � N Ln N R t/f co O ti o � N � o N N O O r M m rus Ul A M � to � O N CJ? ¢ O tD ti to to p o e to In d M N 0.1 CL Lfn Cn N P C, U m � -a o & r x Uf tY ai y a m ti 3 ra m S a ` E m O D 0 0 bq 69 b9 LO r- M M N N N b9 f!! to tNA � fA bfi CA C4 O t0 Q O (N� vs tis to f� Q 00 r- to to of to � b9 M � d t0 S �- N 69 to tH N o O ti9 fA tr9 m a o tri tri o to N �! efl as N in C~i M to 60 co Bt co 6 o r� �'l H v► v to p O to N tD � M N e9 b9 N jFRU1,ANDREWS & KURTH #713-22U-42U5 (FRI)1U. 15' 99 16:36iS1. 16:36%NU. 376U144494 ? 2 HOUSTON WASH1N(rrON. DC DALLAS LOS ANGELES NEW YOU THE WOODLANDS LON DON &affd ANDREWS &KURTH L.L.P. ATMRNM Honorable Mayor and City Councilmembers 1725 East Southlake Boulevard Southlake, Texas 76092 600 TRAVIS SUM 42M HOUSTON. TEXAS 77002 October 15, 1999 Re: Wal-Mart Store No. 266 - Southlake, Terav Honorable Mayor and City Councilmembers: TELE P HONE: 713 220 4200 FACSIMILE: 713120.42,85 ROURT ). COLLUg5 DIRECT: 711. 203070 DIRECT FAX- 711 738 7140 -md &A*4 • rc�n��sndnewn kuxh-;cm Ms. Karen Gandy of the City of Southlake and I have discussed the temporary placement of trailers on the Wal-Mart site in Southlake, Texas from mid -October to mid -December, 1999. Unfortunately, this discussion took place subsequent to the ordering of the trailers and the trailers have since been delivered to the Wal-Mart site. Wal-Mart wishes to provide input in the discussions involving the proposed ordinance regulating storage trailers and welcomes the opportunity to work with the City of Southlake to reach an acceptable resolution to the temporary trailer Placement matter. .Finally, unless the outcome of our discussions doUlmincs otherwise, 1999 will be die last year that the trailers will be placed on the Wal-Matt site. Please call me if you have any questions. Again, I look forward to working with you in resolving this matter. 2423: mdw cc: Ms. Kim Danos Mr. Erin Carter Ms. Karen Gandy HOUO3:175641.1 on Sincerely yours, Robert J. Collins i i A - .z R� City of Southlake, Texas MEMORANDUM October 15, 1999 To: Billy Campbell, City Manager From: Ron Harper, Director of Public Works, extension 779 Subject: Real Estate Acquisition Policy Action Requested: Discuss the real estate acquisition policy of the City of Southlake. Background Information: The City has never had a written real estate acquisition policy covering the procedures and policies to be followed by staff in obtaining easements, rights -of -way, fee simple property and other real property. Council and staff have always preferred a non - confrontational attitude by seeking to negotiate until the properties or easements could be obtained. While this is still the preferred alternative, it can be time consuming from a staff or agent basis and can cause delays in project completion. Attached is a DRAFT Real Estate Acquisition Policy prepared by one of the Public Works Interns (Kit Lindsey). Kit contacted many local and distant communities for copies of their policies. Many communities are in a similar situation to Southlake's in that they have no written policy. The DRAFT before you for discussion is a compilation of various communities and is a starting point on developing the City policy. There are several issues that need to be discussed so that staff has clear direction and so that most acquisition scenarios are dealt with in a consistent manner. The first is how long we negotiate with a property owner, the second is when in the process we obtain an appraisal and the third is what level of settlement should come to Council (not withstanding procurement regulations). Most of these items are identified in the Policy and flowchart in this packet. 11 B-1 Financial Considerations: None. Citizen Input/ Board Review: None. Legal Review: The final policy will be reviewed by the City attorneys. Alternatives: For discussion. Supporting Documents: DRAFT Real Estate Acquisition Policy Staff Recommendation: Staff recommends that Council discuss this draft and direct staff to make modifications (if needed) and bring the policy back to Council for adoption. Director of Public Works Approved for Submittal to City Council: Iq - City anager's Office 14 11 B-2 Policies and Procedures for Real Estate I'"' Acquisition for the City of Southlake M Purpose: It is the objective of the City of Southlake, to make every- reasonable effort to acquire real property expeditiously through negotiated agreements; pay just compensation for all property interests acquired; conduct its acquisition activities in a manner that minimizes hardships to owners and tenants, and promotes public confidence in the City's land acquisitions practices; assure consistent treatment of all owners and tenants; and minimize litigation in the acquisition of real property. These policies and procedures establish a process for evaluating the acquisition of Real Property Rights by the City of Southlake. The need to acquire real property rights --- whether at a single location or many sites ---may result from strategic, long —term, or capital improvement planning. The right of which is prescribed under the law of eminent domain. This document establishes uniform policies and requirements for the acquisition of real property under all programs and departments. It applies to all methods of acquisition. The officers involved in any acquisition will take all necessary steps to remove provisions in any instrument which purport to restrict the ownership, use, or occupancy of any real estate acquired by the City on the basis of race, color, religion, sex or national origin. Guiding Principles: Step 1: Provide a written request with the following: (1) any funding information that is applicable; (2) identification of the real estate wanted (photos acceptable); (3) explanation of what the real estate will be used for; (4) any field notes; (5) and any possible community concern. Step 2: Have final plans of the project reviewed by the Engineering Department. Step 3: Find out who the owner of the real property is. (No personal contact, yet) Step 4: Present information to the City Council for review and approval. Step 5: Find out the value of the real property, using the appraisal district tax value. Step 6: Write an introductory letter to all adjacent property owners. This letter will furnish to each owner of a separately held real property interest (including tenants who so qualify) a written statement describing, in non- 11B-3 technical terms, the City's acquisition process, including condemnation. The statement shall include all pertinent acquisition policies and procedures and will explain the principle rights and options of the owner and tenants under those procedures. Step 7: Make a personal contact with the owner. Negotiate with the owner to donate the real property to the City. If a donation is feasible, prepare a closing/contract. If this is not possible, make arrangements to have an appraiser come and appraise the real property. Step 8: Request proposals for appraisals. The proposal with the lowest fee will normally be selected, but time of completion will be considered if the fees are within a small range. Step 9: Present to the City Council the cost of the appraisal for review and approval. Step 10: Present to the owner an offer of the appraised value of the real property. If this is accepted then prepare a closing/contract. If the owner refuses this, then the negotiator will request that a condemnation order be issued. Step 11: Before issuing a condemnation proceeding, the negotiator, in cooperation with the requesting department, must make a diligent, conscientious effort to induce the owner to accept a fair and reasonable price for the property. Obtaining a second opinion, from an appraiser, is suggested. If that effort is unsuccessful, the negotiator will make a final offer to the owner in writing, which will include an invitation to discuss the acquisition of the real property with the negotiator and the requesting department. The letter will also notify the owner of the date on which the negotiator will request the City Council for authorization to issue eminent domain proceedings if agreement cannot be reached on the purchase of the property within the time specified. If the owner agrees with the final offer, then the negotiator will prepare a closing/contract. Step 12: Obtain approval to condemn from the City Council. Step 13: File petition for condemnation with Tarrent County District Clerk. Step 14: Serve the commissioners with an oath of office and a petition for condemnation. Also, serve the commissioners with hearing and award. Step 1 5: The City assumes immediate possession of the property. 11 B-4 The City of Southlake Real Property Acquisition Procedures NoCT:> Obtain approval Provide the written of condemnation request with the required Obtain a second opinion ' from Council. material. and present a final offer to the owner. Yes j �L v Have final plans File petition for condemnation reviewed by engineering. Request fora with clerk n condemnation order. No Find out who the owner ' Serve the is. (No personal contact Present offer to the owner => Commissioners yet) of the appraised value. Yes with information. I' V Present information to Present to City Council City assumes the Council for approvalfor approval of appraisal. i immediate possession. I Find out the value of the Request proposals for property using appraisal appraisals. district tax value. No V Make personal contact Send introductory letter ��� with the owner. Ask for Preparation of the to owner. donation. Yes closing/contract. 11 B-5 c, r City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Sandy LeGrand, City Secretary, Ext. 704 SUBJECT: Process for Making Appointments to Boards and Commissions Action Requested: This item is presented to Council at the request of Council member Patsy DuPre for discussion. Background Information: As noted above, Council member Patsy DuPre requested that staff conduct a survey of area cities' procedures for making appointments to their boards, committees and commissions. An eleven question survey was sent to the following fifteen cities: Allen, Bedford, Blue Mound, Colleyville, Euless, Fairview, Flower Mound, Grapevine, Hurst, Keller, Lewisville, McKinney, Roanoke and Trophy Club. Todate, we have received responses from ten of the cities. Attached to this memo are the results, along with any sample applications and/or letters the cities submitted with the survey. Financial Considerations: N/A Citizen Input/ Board Review: N/A Legal Review: N/A Alternatives: N/A Supporting Documents: Summary attached. Staff Recommendation: Place this item on the October 19, 1999 City Council meeting agenda. Approved for Submittal to City Council: City Manager's Office 11C-1 Survey of Surrounding Cities' Procedures for `" Making Appointments to Boards, Commissions, and Committees The following are responses from each cityfor each question on the survey. Question 1: How do you advertise for vacancies or expiring terms? Do you advertise in your local newspaper? Local cable channel? City-wide publications? Handout applications at various board/commissions meetings? Allen Did not address this question. Blue Mound Council solicits members to various boards and committees. Euless Ad in local paper; item in Mayor's Newsletter; and flyer on all City bulletin boards. Grapevine Notices sent to Grapevine Sun, Port Worth Star Telegram, Dallas Morning News and News & Times. Applications are available at the Grapevine Library and City Hall. Notice that we are accepting applications is posted on both bulletin boards and website. Applications are available on the Internet and also faxed. Hurst Verbally by City Council and/or staff. Keller Advertise in Keller Citizen, local government cable channel, in city's quarterly newsletter and applications are handed out by staff liaison to each board/commission at the meetings when applicable. Lewisville Advertised in local newspaper, local cable channel, city newsletter to all citizens, but do not hand out applications at various boards/commission meetings. McKinney The City of McKinney has an application process. Hosts a recruitment reception for those interested in applying. An informational brochure along with an application is located on the website; distributed as a flyer in the local newspapers; and placed in City buildings for public. Roanoke Local newspaper, cable channel and city council meetings. Trophy Club Local cable channel, town newspaper (monthly), word of mouth and advertise on the marquee in median of main entrance of Trophy Club. 11C-I;� question 2: Once applications are received and appointments are made by Council, how long are the applications of those that were not appointed kept on file for consideration should a vacancy occur? Alen Did not address this question. Pue Mound One year. Euless One year. Grapevine One year. In the past, when vacancies occurred during the year, they re - advertised to receive applications, as well as called those on hand to be sure that they wanted to be reconsidered for a board. Now, since Council has interviewed all of the applicants, Council makes recommendations for mid -year appointments, if applicable. Hurst 1-2 years Keller Usually one year. Lewisville One year. McKinney Two years. Roanoke Two years. Trophy Club One year. 11C-3 Questions 3: Are applicants interviewed by your Council prior to appointments being made? If so, are interviews conducted separate from the council meetings? Are applicants required to "schedule" their interview time with the City Secretary or is it done on a first come - first serve basis? Allen Did not respond to this question. Blue Mound No Euless Interviews not held in past — plan to start next year. Grapevine This past May was the first time that personal interviews were conducted. Three panels of three council members (set by the City Manager) interviewed the applicants (15 minutes each) scheduled by the City Manager's Office. Hurst We've done both ways, but recently appointees have been known personally by Council members; before or after council meetings; and times area scheduled. Keller Applicants are interviewed by the Council during a separate Work Session meeting. The City Secretary's Office will contact each applicant to schedule an interview time in 15-minute intervals. Lewisville Council does interview. Interviews are conducted separate from the council meetings and the City Secretary sets up an interview schedule based upon interview times set by the city council members. City Secretary just determines time with each applicant and allows for some flexibility. McKinney No interviews are conducted. This is the purpose of the Recruitment Reception. Potential applicants are present to visit with City councilmembers. Roanoke The Council receives a copy of the applications in their council folders. They select and fill vacancies at council meetings. Trophy Club The Council does not interview applicants. In most cases, the committee interviews and recommends their preference to council. 11C- 4 Question 4: If there are no interviews with Council, do the Council members contact the applicants individually? Allen Did not address this question. Blue Mound No, everyone knows one another. City Secretary notifies individuals. Euless Sometimes. Grapevine Prior to this year, there was a brief reception before one Council meeting for applicants to meet with Council. I do not know if the Council contacted applicants on their own. Hurst Yes. Keller N/A Lewisville N/A McKinney Recruitment Reception is opportunity for Council to meet applicants. Roanoke No. Trophy Club Usually no. i t r- 5 Question 5: Are the applicants encouraged to contact council members individually before the -appointments? Allen Did not respond to this question. Blue Mound No. Euless Encouraged to visit Council meetings and introduce themselves to council members. Grapevine Yes. Hurst No. Keller No. Lewisville Yes, we also have a Welcoming Reception for all applicants and anyone else who wants to attend. We show our new boards and commission video, have booths around our Community Room — staffed by city employees who work with each board or commission. We have maps and any other handout information or other documents which some one can look at to find out what the boards and commissions are responsible for. All of the city council also attends and tries to meet and talk with each person. We have refreshments too. McKinney Council members contact applicants at the Recruitment Reception held for potential applicants. Roanoke No. Trophy Club No. 11 C- to Question 6: Do you have a pre-printed application form? Are resumes required? I Will a letter of interest suffice for an application? If you have a printed application, please provide a copy. Allen Application attached. Flue Mound No. Euless Has application form. Resumes are not required. A letter of interest will not suffice for an application. Grapevine Application attached. Resumes are not required. If any materials are submitted along with the applications, those are copied to the Council in the booklets that the City Secretary's Office prepares for the Council. Hurst No resumes or letter required; application included. Keller Application attached. Resumes are not required. A letter of interest will not suffice — must complete an application. Lewisville Application attached. Resumes are not required. A letter of interest will not suffice. McKinney Application attached. Applications are required. Resumes or additional information can be included. Roanoke Application attached. Resumes not required. Trophy Club Have pre-printed application forms. Resumes are required for Planning & Zoning Commission and Ways & Means Committee only. N Question 7: Are applications and/or resumes/letters of interest mandatory for consideration for appointment or can someone make only a verbal request to be considered? Allen Did not respond to this question. Blue Mound No. Euless Application mandatory. Grapevine Applications required. Hurst We usually have application. Keller No verbal requests are considered. Applications must be submitted by published deadline. Lewisville Must complete application. McKinney Applications required. Roanoke Applications required. Trophy Club Applications required. 1ICA N4 Question 8: Are yearly appointments to your board/commissions/committees made only at one time during the year? When? Allen Appointed are made in August as indicated by sample letters attached. Blue Mound Beginning in May, appointments are made, for one time, then on an as needed basis as vacancies occur. Euless In October, November for terms to begin January 1, except when vacancies occur. Grapevine Annual appointments are the first meeting in June. Vacancies to boards during the year may require appointments to specific boards to maintain a quorum. Hurst Yes, process starts after May election; completed during July -August. Keller Yearly appointments to each board are made each December. Also, appointments are made if a vacancy occurs on an as -needed basis. Lewisville Appointments are made yearly in May and June to be completed by June 30 , when the terms expire. McKinney Made yearly. Process started in June with the Recruitment Reception and appointments are made in August. Schedule is attached. Roanoke Appointments are yearly in June. Trophy Club Normally appointments are made in Mid -May. Vacancies are filled as they occur. Question 9: How are the applicants that are appointed notified of their appointment? Phone call from the City Secretary's Office? Letter? How soon after their appointment are they notified? Allen Appointments are notified by a standardized form letter (sample attached). Blue Mound City Secretary Office sends a letter, ASAP. Euless Letter from Mayor prepared in City Secretary's Office. Grapevine Notified by letter from the City Secretary the same week of the appointment telling them the staff member who will contact them regarding the board's meeting schedules, etc. Hurst Letter from the Mayor ASAP after appointment. Keller Sometimes the applicants receive a telephone call from the City Secretary's Office, but definitely will receive a letter from the Mayor which is usually mailed within 1-2 days following the interview with the City Council. Lewisville Notified by letter immediately after appointment. McKinney We send a letter signed by the Mayor within one week of their appointment. Roanoke The City Secretary calls each one appointed and send a letter to the applicants not chosen. Trophy Club Telephone calls if they are not at the Council meeting. Notified within a week. i1C- 10 Question 10: Are the applicants that are not appointed notified by phone call, letter? ' Allen Notified by standardized form letter per sample letter attached. Blue Mound Yes, by letter. Euless Letter Grapevine Notified by letter from City Secretary the same week of appointment telling them their applications will be kept on file. Hurst Letter Keller Sometimes by phone call, but definitely by letter from Mayor. Lewisville Phone call from City Secretary Office and letter of appointment immediately after appointment. McKinney Post card. Roanoke Letter Trophy Club Letter Question 11: Do you have standardized letters of appointments and non - appointments? Allen Yes, sample attached. Blue Mound No. Euless Yes Grapevine Yes Hurst Yes Keller Yes Lewisville Yes McKinney Yes Roanoke No Trophy Club No 10/ 13% 99 09: 15 CITY OF ALLEN 972 727 0165 -a 98173295810 NO.502 P002i006 lv�� CITY OF ALLEN DATA SHEET BOARD OR COMMISSION CANDIDATE Please indicate your first, second, and third preferences: Allen Arts Alliance _ Community Dev. Corp. — Parks & Recreation Board of Adjustment / _ Economic Dev. Corp. _ Planning & Zoning Building Standards Commission _ Keep Allen Beautiful _ Sign Control Board Cable TV _ Library Board Name: Home Address: Business Address: Resident of Allen for Years Occupation: Education: Age (Optional): Spouse's Name (Optional): Home Phone: Email: Bus. Phone: Voter Registration No.: Special Knowledge or Experience Applicable to City Board or Commission Function: Other Information (Civic Activities, etc.): If you have been interviewed before, which boards or commission were you interviewed for? Would you be available to attend a Staff orientation if you were appointed to a City Board? Have you attended one or more meetings of the board/commission for which you have applied?_ Date: Signature: _ RETURN COMPLETED FORM TO THEi CITY SECRETARY'S OFFICE ONE BUTLER CIRCLE ALLEN. TEXAS 75013 972r727.0100 • FAX 972n -0165 EMAIL: coa0d.allen.mus ``C—"'1IDL 10:'1.3/99 09: 15 C I TY OF ALLEN 97"2 727 0165 a 98173235810 N0. 502 P003,'006 THE STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared who being by me duly sworn, deposes and says: My name is at and 1 reside I am of sound mind and fully capable of making this affidavit. I am a current board member and/or applying for a position on a City Board/Commission with the City of Allen, a Texas municipality. By the execution of this affidavit, I acknowledge that I understand the responsibilities of my position and will comply with the various elements of state law and the City Charter relative to said position, including, but not limited to, conflict of interest, the open meetings law, the misuse of official information, and acceptance of gifts. Aunt SUBSCRIBED AND SWORN TO BEFORE ME this day of , 19 Notary Public, State of Texas \\ c.-\'b 10/13:'99 09:15 CITY OF ALLEN 972 727 0165 -� 8173295810 Hi0.502 P004'006 (awl CITY OF ALLEN k\\_jz� August 9, 1999 «Title. xFirstNamev 4astName„ «Addressl. -City-, -cState «PostalCode= Dear-FirstNamey: Mayor Sreve Terrell At the Allen City Council meeting held on Thursday, August 5, 1999, the City Mayor Pro Tem Council appointed you to Place No. *Place _No* of the KBoard* effective David Kerr -Term Startw. Your term of office will expire .Expiration». You will be Coundimembers contacted by the staff support for your board to arrange for an orientation on Lonnie Thom your new position. Doug Gallagher Susan Banlenmv Kenneth Alk According to Article XVI, Section 1, of the Texas Constitution, members of the Melissa Owen IJ -Board. must sign the "Statement of Officer" form and this form needs to be f led with the Secretary of State's Office prior to your receiving the oath -of - office. Please sign in the appropriate spot and return to City Secretary Judy Morrison as soon as possible in the return envelope. The City Council and I ask that you attend the Council meeting to be held at 7:30 p.m. on Thursday, August 19, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, in order that you may be administered your oath -of -office and presented your Certificate-of-Appointr:lent. Please feel free to call upon us if you have any questions regarding your appointment. Congratulations on your appointment! Sincerely, Steve Terrell Mayor 01NE A U MER CIRCLE ALUM, TEXAS 75013 972/727-0100 - FAX 972J727-0165 EMAIL: cw1@6.a11cn.tz.us \\ c..- \4 10/ 13/ 99 09:15 CITY OF ALLF!'! 9"12 727 0165 -, 98173295810 NO.502 P005/006 Mayor Sreve Terrell Mayor Pro Tem David Kerr Councibnembers Lonnie Thomas Doug Gallagher Susan Bartlemay Kenneth Falk Melix.va Owen I October 13, 1999 -Title.. -Firs tName..Las tName„ «Address 1» -Cityx,, «State.-PostalCode- Dear «FirstNamev: The Allen City Council, at their regular meeting held on Thursday, August 5, 1999, appointed the following individuals to fill terms of office and vacancies on the following boards - Allen Arts Alliance Place No. 1 - Danny McCarty Place No. 3 - Lori Martens Fairchild Place No. 5 - Teresa McKeown Place No. 7 - Evelyn Dawson Board of Ad'ustznent Place No. 1 - Ed McRoy Place No. 3 - Robert Moreno Place No. 5 - Jeff Cocking Alternate Place No. 1 - James Willis Alternate Place No. 2 - Alex Kirk Cable TV & Telecommunications Advisory Committee Place No. 1 - Douglas Dreggors Place No. 3 - Donald Wing Place No. 5 - Bill Kapka Place No. 7 - Steven Knaack Ali_en_Community Development Corp4rat:ion Place No. 1 - Lee Howard )Place No. 3 - Robin Sedlacek Place No. 7 - Lonnie Thomas Allen Economic Development Corpor `on Place No. 3 - E. T. Boon KeggAllen Beautiful Board Place No. 1 - Amy L. Smith Place No. 2 - Amy N. Smith Place No. 3 - Shelia Dauth Place No. 5 - Lonnie Simmons Place No. 7 - Audrey Smyth Allen Library Board Place No. 1 - Donna Drew Vanous Place No. 3 - Marybeth Bonczek Place No. 4 - Cindy Wynn -Sangster Place No. 5 - John Ross, Jr. Place No. 7 - Cal Calvin Park and Recreation Board Place No. 1 - Ben Ferguson Place No. 3 - Vicki Wester Place No. 5 - Scott Neice Place No. 7 - Cheri Jones Planning and Zonine Commission Place No. 1 - Alan Grimes Place No. 3 - Jeff McGregor Place No. 5 - Kevin Kerr Place No. 7 - Randel West \ \ (_ - \ES 10/13/99 09:16 CITY OF ALLEN 972 727 0165 4 9817329"810 NO. a12 P006: 006 -Title. «FirstName.-LastName. October 13, 1999 Page 2 Sin Control Board Place No. 1 - Ray Lewis Place No. 3 - Jerry Higgins Place No. 4 - Melanie Jones Place No. 5 - Griffith Moore The Council Interview Committee was very impressed with all the interviewees and hopes that your interest in the City can be served by an appointment to a board or commission at a future time. Again, thank you for your desire to serve your community. Sincerely, Steve Terrell Maycr 10-13-99 07:43pm From -CITY OF EULESS T-715 P 04 F-864 APPLICATION FOR 130ARDS/COMMISSIONS As an applicant for a Board, Commission or Committee your name, address and telephone number will be available to the press and the public. You will be contacted when action is taken on your appointment. Please complete both sides of this appliqation. NAME: DATE: ADDRESS: Street Number and Name City Zip PHONE: (Res_) (Fax) (Emp. ) OCCUPATION: (If retired, indicate former occupation or profession.) EDUCATION: PROFESSIONAL AND/OR COMMUNITY ACTIVITIES: BOARDS/COMMISSIONS ON WHICH YOU HAVE PREVIOUSLY SERVED: Board/Commission Dates Served 201 N. Ector Drivc, Euless, Texas 76039-3595 817/685-14N - MQrm $17/267-4403 - flUc 817/685.2416 \n 10-13-99 07:43pm From -CITY OF EULESS T-715 P.05 F-864 PLEASE INDICATE IN ORDER OF PREFERENCE YOUR FIRST THREE CHOICES FROM THE FOLLOWING BOARDS, COMMISSIONS ANDIOR COMMITTEES: Civil Service Commission Economic Development Advisory Board Historical Preservation Committee Library Board Parks and Leisure Services Board 2_ 3. Planning and Zoning Commission Street Naming Committee Teen Court Advisory Board Zoning Board of Adjustments UST QUALIFICATIONS YOU FEEL MAKE YOU A GOOD CANDIDATE FOR THIS POSITION: REFERENCES: I WOULD UKE INFORMATION ON THE FOLLOWING BOARD/COMMISSION: Signatu RETURN COMPLETED FORM TO: Office of the City Secretary City of Euless 201 North Ector Drive Euless, Texas 76039-3595 10/13/99 08:58 GRAPEVINE CITY SECRETARY'S OFC , 932,35810 r10.7a3 CITY OF GRAPEVINE Application for Appointment to Citizen Advisory Board or Commission (Please type or neatty print Information) BOARD OR COMMISSION DESIRED: (Note: Please apply for only one board or commission per application.) NAME: Home Phone ADDRESS: Grapevine Resident Yrs EMPLOYER: Work Ph:(_ I POSITION: Tarrant Co, Voter Registatlon No. EDUCATION: College: Nigh School: Other Special knowledge or past experience qualifying you for this appointment: Other relevant information (c)vlc activities, memberships, etc.) REFERENCES: List the name and phone number of at least one Grapevine resident as a reference, especially any City staff, City Council, or current Committee members who may be contacted on your beharf. INTEREST: Explain why you are interested in being appointed to this board. EXPERIENCE: Indicate what meeting(s) you have attended of the committee for which you wish to be considered. - Indicate the number of grapevine City Council Meetings you have attended in the past twelve months: Please read the statement below and sign your name to indicate your understanding. 1 UNDERSTAND MY ATTENDANCE WILL BE REQUIRED AT ALL COMMITTEE MEETINGS. Signature of Applicant. Gate Submitted: RETURN COMPLETED APPLICATION TO: Linda Huff, City Secretary 200 South Main Street (or) P.O. Box 95104 Grapevine, TX 76099 *Or by Fax to: (817) 410-3004 07/07/98 Doi \` C-- -V\ OCT-13-1999 WED 09:2.2 AM FAX NO. P. 03 1Av.SS Traffic Safety Commission This Commission has seven (7) members appointed for two-year staggered terms. The Commission meets on the second (2nd) Thursday of each month at 7:30 p.m. at City Hall. Zoning Board of Adjustment This Board has five (5) regular members and two (2) alternate members all appointed for two-year staggered terms. Alternate members attend in the absence of a regular member. This Board meets in the Council Chambers on an "as needed" basis. All Boards and Commissions members, with the exception of Economic Development Advisory Committee, are required to be residents of the City of Hurst. Prior to the City Council beginning their annual appointment process, a Boards and Commission Workbook is prepared for their review. The workbook will contain information on all forthcoming appointments such as members' attendance, whether a member requests to be reappointed, prospective members application, etc. The City Council has set a policy of interviewing members whose attendance falls below eighty (80) percent, especially members of the Planning and Zoning Commission. Most new applicants for Boards and Commissions are interviewed as well. Procedures 1. Boards and Commissions Workbook a. Approximately one month before the City Council Election, note the members on the boards and commissions whose terms will expire in the present year. b. Prepare a letter informing the members whose terms will expire that it is once again time to begin the nomination process for the selection of citizens interested and willing to serve on the Citys various boards and commissions. The letter will also request members, if they are interested in continuing to serve, to complete the enclosed preference sheet which will assist the Council in making their appointments. The letter will also request the application be returned by a specific date (see example 5-A). Rev/7/93 C_ -,:Lo OCT-13-1999 WED 09:22 AM FAX NU, P. 04 C. While waiting for the information to be returned from the members, begin to prepare an attendance record of all of the members whose terms are expiring. The information should be updated as necessary (see examples S- B). 1) The attendance record is prepared by researching the board minutes in order to obtain each members record of attendance. Select a range beginning with the next meeting the members could have possibly attended after their appointment, and count from that date through their last meeting in April. Count meetings attended and meetings missed for each member whose term is expiring. 2) The meetings missed and the meetings attended should total to the number of meetings since last appointment. 3) When you have collected the information, calculate the percentage of the meetings attended by each member by dividing the number of meetings attended by the number of meetings held since the member's appointment. 4) List all members on the form with the expiring term members being in bold type. S) You do not make an attendance record on the members whose terms are not expiring at this time. However, look in the Boards and Commissions Booklet and update their date of appointments if they have not already been updated. d. As the information is received from the letters you sent, prepare a Summary of Requests with each members request for reappointment, etc. Prepare this sheet for each separate board or commission (see example S-C). e. ` Each of the documents you have prepared will be placed behind a divider in the workbook. They are as follows: 1) I. Table of Contents (contains all information in the workbook); 11. Boards and Commissions Powers and Duties (make a copy from last years workbook, verifying meeting dates, times and locations and updating as necessary); III. Attendance and Department Response for Each Board and Summary of Requests; Rev/7/93 \\ C_-'�-\ OCT-13-1999 WED 09:23 AM FAX NO. F. 1),5 V\ " 'r S� ;,` IV. Preference Sheets (in alphabetical order); V. New Applications (in alphabetical order); and VI. Resignations (in alphabetical order). 2) You will need to prepare as many sub -dividers as you need to correspond to the boards and commissions that have members with expiring terms. f. The workbooks should be complete to distribute to the City Council for their first regular meeting after the election. if there is a runoff, the workbooks are held until the first regular meeting after the runoff. 2. City Council Appointments Prior to the City Council making appointments or reappointments, they will review the information compiled in the workbook. They will schedule a date and time to interview members whose attendance has fallen below 80 percent and/or new applicants. The Council usually prefers to interview members during pre -council meeting briefing sessions, and the meetings are scheduled and posted as a briefing item. (see example 5-D). Members to be interviewed are notified by letter of the meeting (see example 5-E). a. After the interviewing process has been completed, the City Council will then consider the actual appointments during City Council meetings. An item for Boards and Commissions Appointments will appear on the agenda until appointments are complete (see example 5-D). b. Members are to be notified of their appointment or reappointment as soon as they are made. Members are notified by a letter from the Mayor with a copy of the letters forwarded to the appropriate department head (see example 5-F). After all appointments are filled, response letters should be sent to any applicants who were not appointed (sec examplc 5-G). Rev/7/93 \\ C_- �D' OCT-15-1999 09:30 VELLEP CITY HALL 817 431 5867 P.02 UI Y OF KEU ER � \\� ' Application for Boards, Commissions, and Committees NOTE: You must be a resident of Keller and a qualified voter to apply for a city board, commission or committee. All information on this form will be available to the press and public. You will be contacted before any action is taken on your appointment. Applications for council appointed boards, commissions or committees are kept on file in the City Secretary's Office, 158 S. Main Street, Keller, Texas, (817) 431-1517. Please type or print clearly: Name Home Phone Address Work Phone City E-mail Address A Resident of Keller for years. State Zip Voter Reg. No. Occupation (If retired, please indicate former occupation or profession.) Education (Optional) Professional and/or community activities Additional pertinent information References; Name Phone Name Phone Applying for appointment to the following board, commission or committee: ❑ Capital Improvement Advisory Committee 11 Parks and Recreation Board ❑ Economic Development Board ❑ Planning and Zoning Commission ❑ Keller Development Corporation ❑ Zoning Board of Adjustment ❑ Library Board O Other _ Signature of Applicant Date Please return this forms to: City of Keller City Secretary's Office P.O. Box 770 158 S. Main Street Keller, Texas 76244 Phone: (817) 431-1517 Fax: (817) 431-5867 TOTAL P.O2 �__� i i a 1•� a�� a �Ib � • r a � � a a � V161L�lMIpPFR Cfty Secretary's Office P. O. Box 2"002 LewhhwM*, TX 75067 M219-3413 FAX M21"12 Email cs6d1@cityoflmisviHe.com DATA SHEET BOARD/COMMMSSION/COMIVIIi'Y'LE CANDIDATE Check All Boards/Commissions/Committees of Interest and Indicate Preference .from i to 10: ❑ Ani ual Control Advisory Committee ❑ ❑ Capital Improvements Advisory Committee ❑ ❑ Charter Review Commission ❑ ❑ Housing Finance Corporation ❑ ❑ Industrial Development Corporation ❑ ❑ Industrial waste Hearing Board ❑ ❑ Community Development Block Grant Advisory Committee Name: Home Address: Library Board Old Town Historical Committee Park Board Planning & Zoning Commission Transportation Board Zoning Board of Adjustment Email Address: Home Phone: Business Address: _ Business Phone: Resident of Lewisville fnr Years/Months occupation: Education: Or t0 Voter Registration No.: unction: I have attended one or more meetings of the board/commission/committee for which [ have applied: [7 Yes 11 No Signature: Date: RETURN COMPLETED FORM TO THE CITY SECRETARY'S OFFICE \ \ C- - �Lt4 1999 Board/Com i 1 m sslon Appointments Revised Schedule Friday, May 14, 1999 Appointment information to City staff liaisons - Schedule, Attendance chart, Member Information Thursday, May 27, 1999 Information to City Council in Council Packet - Schedule, Application, Policies, Guidelines Wednesday, May 26, 1999 Appointment information due from City staff liaisons Week of June 1, 1999 Brochure Insert in McKinney Courier Gazette & McKinney Messenger Tuesday, June 15, 1999 Recruitment Reception (5:00 p.m.) Friday, June 25, 1999 Application due date Monday, August 2, 1999 City Council Work Session Discussion (Executive Session) Monday, August 16, 1999 City Council Work Session Discussion (Executive Session) Tuesday, August 17, 1999 Board/Commission Appointments Tuesday, August 24, 1999 Letters from Mayor to new appointments, re -appointments, Retiring members Thursday, September 16, 1999 General/Specific Board Orientation Thursday, September 23, 1999 Current Board Members Appreciation/ Retiring Board Members Recognition Dinner Friday, October 1, 1999 New Board Appointments Terms Effective \ \ C— - ,ZS CANDIDATE APPLICATION FORM For City Council -Appointed Boards — Commissions - Committees Board Preference: 1. 2. 3. Name: Home Address: Home Phone: Home FAX: Home E-mail: McKinney Resident for yrs. Profession: Business Name: Business Address: Business Phone: Bus. FAX: Business E-mail: Special Knowledge or Experience Applicable to City or Board Function: Other Information (Civic Activities): ❑ Check if additional materials attached. Signature: Date: Please Return Completed Application to the City Secretary's Office 222 N. Tennessee McKinney, Texas 75069 972-547-7505 or metro 972-562-6080 ext. 7505 E-mail: jsproullPq ckinneytexas.org FAX: 972-542-0436 Applications will remain on file for two years OCT-13-99 09:36 AM ROANOKECirYHALL) 4912242 P.04 APPLICATION FOR APPOINTMENT TO PLANNING AND ZONING APPLICATION FOR APPOINTMENT TO: (Name of board, Commission, or Committee: use a separate application for each appointment desired ADDRESS HOME PHONE: YEARS IN CITY: RMPLOYER; PHONE: Current and or previous board, commission, or committee experience in the City of Roanoke:� w Reasons for desiring to serve on this board, commission, or committee, and your opinion.as to the purpose, goals, and duties of same: Qualifications and experience that would assist you in serving in This position: Do you understand and agree that your regular attendance and active Support is required as an appointee and that noncompliance could Result in removal from the board? Additional information or comments: Please return this completed form to the City Secretary•a office. Each application will be kept on file for one (1) year. Signature: Date: �0 C-1y" CNC-R \ \ C-- rin :66 AM KUHNGKECITeHALL) 4912242 P.05 Lq QP-, a n (:�, - 0- APPLICATION FOR APPOINTMENT TO THE ROANOKE ECONOMIC AND COMMUNITY DEVELOPMENT CORPORATION Name Address: Home Phone: r _ _ Work Phone: Employer: How long have you lived in Roanoke? years months Please list any currciit and/or previous Board, Commission, or Committee experience in the City of Roanoke or any other city: Why do you want to serve on the Board of Directors for this Corporation? What qualifications and/or experience do you possess that would assist you in serving the City of Roanoke in this position? What do you think are the most important issues or problems facing the City of Roanoke? Please provide any additional information or comments that you feel may help the City Council make a better decision in selecting the Board of Directors for this Corporation: Signature: �___ Date: Please return this completed application to the City Administrator's Office. OCT-13-99 09:36 AN k0AN0KECI TY1iALL,'- 4912242 P.06 APPLICATION FOR APPOINTMENT TO THE ROANOKE INDUSTRIAL. DEVELOPMENT CORPORATION Name: Address: Nome Plione: Work Phone: Employer: How long have you lived in Roanoke? years months Please list any current and/or previous Board, Commission, or Committee experience in the City of Roanoke or any other city: Why do you want to serve on the Board of Directors for this Corporation? What qualifications and/or experience do you possess that would assist you in serving the City of Roanoke in this position? What do you think are the most important issues or problems facing the City of Roanoke'? Please provide any additional information or comments that you feel may help the City Council make a better decision in selecting the Baud of Directors for this Corporation: Signature: ^ Date: _ Please return this completed application to the City Manager's Office. r\C- -�-q OCT-13-99 09:36 Am ROANOKECITYHALL) 4912242 P.07 APPLICATION FOR APPOINTMENT TO ZONING BOARD or ADJUSTMENT APPLICATION FOR APPOINTMENT TO: (Name of board, Commission, or Committee: use a separate application for each appointment desired NAM;: ADDRESS: HOME PHONE: YEARS IN CZTY: EMPLOYER; PHONE: Current and or previous board, commission, or committee experience in the City of Roanoke: Rea6ons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of ;amp: Qualifications and experience that would assist you in serving in 'Chie position: _ Do you understand and agree that your regular attendance and active Support Is required as an appointee and that noncompliance could Result in removal from the board? _— Additional information or comments: Please return this completed form to the City Secretary's office. Each application will be kept on file for one (1) year. s:griacure: Date: