Loading...
1991-08-06 CC Packet City of Southlake,Texas i a i M E M O R A N D U M � i August 2, 1991 i TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager I SUBJECT: Agenda Item Comments and Other Items of Interest City Council Meeting, August 6 , 1991 ----------------------------------------------------------- 1 . Agenda item No 5 Consent Agenda Items . Each of the items on the Consent Agenda have been previously discussed. Note the change on 5E, as directed by City Council, to where two(2) signatures are required for checks of $5, 000 or more. Concerning Agenda item No 5F, Drug-Free Workplace Policy, I have met with Councilmember O'Brien concerning his questions and concerns. He has indicated that he has no other questions . 2 . Agenda Item No 6B, Bob Mundlin has requested to appear before you to seek your support for a Keep American Beautiful (KAB) program in Southlake. I have been involved in KAB programs in two other communities . The citizen involvement in these kinds of programs far outweigh the cost for the City' s participation. 3. Agenda Item No 8A. Ordinance No. 480-54 . Rezoning of Sword property to be exchanged with Fort Worth Diocese. I was at the P&Z meeting when this item was discussed. A number of people expressed concern that the City has ulterior motives because the proposed zoning is "CS" rather than Church, since a church can be in any district. They want assurances that a park will not be built at the site. 4 . Agenda item No 8E Ordinance No. 540, Authorizinq Issuance of $200,000 in Certificates of Obligation for purchase of Sword property. This is the item we discussed in the work session Tuesday, July 30 . 5 . Agenda Item No 10A City of Grapevine drainage improvements for Parra Linda Subdivision. As the letter in your packet indicates, there is a major drainage problem in Parra Linda that will be solved with this proposal. Our staff has reviewed this as if it were our project. There is no other practical way to solve the problem. We recommend approval. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 2, 1991 Page 2 6 . Agenda Item No 10C. Lonesome Dove Developers Agreement. Note that although City Council has approved previously an agreement, it was never consummated because the developer did not sign the agreement. 7 . Agenda item No 10D Award of Bid for Sale or Exchange of Real Property. The notice of sale or exchange of land included in your packet was published in the newspaper as required by Chapter 272 of the Texas Local Government Code. No bids were received. The published notice was required before the land could be sold or exchanged. 8. Agenda Item No 10E Computer Assisted Dispatch. Director of Public Safety Billy Campbell has proposed to purchase a CAD Software program for Fire and Police at this time. The DPS has been working on this for several months in preparation for next budget year. However, we now have the opportunity to move ahead by revising the current budget. This can be accomplished due to savings realized by the City in the current budget. The confusion reported at the church fire would have been avoided with CAD. I agree with Director Campbell that we should move ahead at this time. 9 . Agenda Item No 11B. Planned Cable System. This item was placed on the agenda to get Council direction on a response to the continuing problems with our cable company. 10 . Agenda Item No 11C Proposed FY91-92 Budget. As we mentioned last Tuesday, we will have the Budget Document ready to hand out Tuesday night. We will go through the organization and major items in the proposal to be discussed in the work session Tuesday, August 13 . OTHER ITEMS OF INTEREST 11. SH114 Corridor Study. Monday afternoon, 4 :00, Mayor Fickes, Councilmember O'Brien, and Councilmember Hall will meet with Dr. Elise Bright from the University of Texas at Arlington concerning a proposal by UTA to assist us in a study of the corridor. Attached for your review is a letter from Dr. Bright briefly outlining her proposal . 12 . Dismissal of Failure to Maintain Financial Responsibility Citations. Note the attached letter from Betsy Elam, Prosecutor in our Municipal Court. If Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest August 2, 1991 Page 3 these cases had been adjudicated we would have received approximately $53,000 in revenue. This has affected every city in the state. We have already taken this into account in our budget projections . 13 . FYI, note the following memos and letter: - July 30, memo from Director Campbell concerning survey of fire hydrants - July 30, memo from Director Campbell concerning investigation of church fire - July 30, memo from Director Barnes, listing streets repaved under contract with private contractors and the County. - Letter from attorney for Ken Smith. We will discuss in executive session. 14 . We will report on the church fire Tuesday night during the City Manager' s report. CEH J,►,'IEo sr,,. Environmental Institute for Technology Transfer uA kp o ��`�/, The University of Texas at Arlington ►�r Box 19050 • Arlington, Texas 76019-0050 l'�[ PRO�� �� Metro (817) 273-2300 July 23, 1991 Mr. Curtis Hawk, City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Curtis: It was a pleasure having lunch with you the other day, and discovering that our interests in a project appear to be compatible. Here is a proposal for you, as requested; if you have any changes or additions please let me know, as this proposal is changeable. My fall class, "Land Suitability Analysis and Site Planning, would be made available to develop several alternative future land use patterns for the area surrounding Highway 114 in Southlake. The following tasks would be completed by the class: 1. Collect and map data on slopes, soil types, tree coverage, floodplains and wetlands, proximity to roads, proximity to water and/or sewer lines, existing nearby land uses, existing zoning, and other factors as needed, for all vacant land in the corridor. 2. Meet with city officials, area landowners (Mobil, for example) and community leaders to obtain guidance regarding what their goals and objectives are for the area. 3 . Combine this information with the other data to produce maps of areas that are best suited for various types of future land use. This will be done using the ALLOT computer model, which is explained at the end of this list. 4 . Forecasts of demand for various land uses in the Highway 114 corridor will then be developed. The class will then use the model to produce at least two alternative future "optimal" land use patterns for the area. These maps can then be used by the city as a basis for planning, zoning, and subdivision approval. The ALLOT model uses a simple geographic database plus information on community goals to analyze the area under study. Once it is installed, it is easy to run and requires An Equal Opportunity/Affirmative Action Employer only an IBM personal computer. The model allows rapid mapping of items important to each community, and can produce a wide variety of alternative future land use patterns from which local officials may select. It was first developed for the Richland-Chambers Lake area near Corsicana, and was used successfully there to plan land uses and site landfills. Since then, the model has been presented at conferences throughout the world. It is now being copyrighted in preparation for widespread marketing to cities, counties and states. Before this takes place, we would like to apply it in several Metroplex locations, hopefully including Southlake. A recent IUS graduate and I have developed, perfected, written about, and presented papers at meetings on this model for the past two years. He has. a graduate degree in City and Regional Planning, and is willing to handle the technical aspects of applying the software to Southlake as well as being available to complete any general planning tasks that you may wish to have done. Perhaps combining an internship position with this project could keep the project cost low while also providing manpower for planning activities. This option is addressed on the attached cost sheet. In any case, this appears to be an opportunity for Southlake to utilize the class to complete a planning project at a much lower cost than that of a consulting firm--and with the involvement of a top-notch team of experts, of course! Additionally, the city would benefit from having access to a state-of-the-art planning approach before it is widely distributed. The class would benefit from having a "real world" example to work on, and UTA would benefit by completing another successful application of our planning methodology and by providing service to you (as you know, this is one of SUPA's primary missions) . The class begins the last week of August and ends in early December; therefore, I anticipate that meetings with community leaders would take place in September; data colection and entry would be completed in October; planning and data analysis would be done in November, and a draft report would be submitted at the end of that month. Please let me know your thoughts on this as soon as possible, so the class can "hit the ground running" in August. I hope to hear from you soon. Sincerely, Elise 'M. Bright, Ph.D. Assistant Professor Qe COST ESTIMATE Cost of the project will vary with the size of the area included in the study boundaries, and the number and quality of maps and reports produced. The MAXIMUM cost is given below. Please note that the items listed under "UTA share" are costs absorbed by the university; they are, therefore, free from your point of view. TOTAL SOUTHLAKE UTA SHARE Salary: Professional $8, 300 $3 ,000 $5, 300 Secretarial 500 ----- 500 Student 150 ----- 150 Operations/Maintenance: Copying/Printing 800 800 ----- Supplies/Computer Time 800 200 600 Travel/Utilities/Misc. 500 ----- 500 GALS: $11, 050 $4, 000 $7, 050 Q .t RELDING, BAR= & TAYr..oR CARVAN E.ADO= ATTORNEYS DwAYNE D.Hrrr ROBERT M.ALLMON 8851 HIGHWAY 80 WEST,SUITE 300 SUSAN E.HurcmON DANmL R.BARREr O FORT WORTH,TEXAS 76116 SUSAN S.JONES CAROL ANN N TELEPHONE(8 60 3953 03 WAtAYN K.OmN auAY AVID Fn�u+a FAX(817)560-3953 Tnrt G.SRALLA'• JosmnNE GARREIT J.MARK SUDDER`M E.GLEm GmEL E.ALLEN TAYLOR,JR. *BOARD®tnFIED PERSONAL MURY TRIAL LAW— July 19, 1991 JAMW P.WAGNER TBXAS BOARD OF LEGAL SPBCL4LUA71ON •+ APPELLATE uw— aVB.TRIAL SPBQALiST— ^ g TFBC1AJLM'nON NATIONAL BOARD OF 7RL1L ADVOCACY Ivr 15 lul �� �� I 22 Ms. Laura Denman L I Municipal Court Clerk City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: Failure to Maintain Financial Responsibility Citations Dear Laura: It is my understanding that Southlake Municipal Court has a large number of pending citations for failure to maintain financial responsibility. The purpose of this letter is to recommend that all of these citations be dismissed and to provide a brief explanation as to why they must be dismissed. The recent decision by the Court of Criminal Appeals, Coit V. State, did not invalidate the requirement to maintain financial responsibility on motor vehicles driven upon public highways in Texas. However, it did mandate evidence requirements which make a conviction at trial almost impossible. The Court held that failure to have liability insurance does not equate with failure to maintain financial responsibility. All of our citations were issued for the offense of "failure to maintain insurance. " Texas Revised Civil Statutes Article 6701h contains several sections regarding safety responsibility requirements. Section 1D requires a driver to furnish evidence of financial responsibility (most commonly an insurance policy or card) to a police officer when requested to do so, and Section 1C describes the penalties and costs to be assessed if the person does not maintain financial responsibility. Since the effective date of Article 6701h in January of 1982 , the courts have coupled Sections 1D with 1C; thus, if a person did not show insurance to an officer, he would be issued a citation. The officer's testimony at the trial of the person's failure to show proof when requested was sufficient to obtain a conviction for failing to maintain financial responsibility. The Court, in Coit v. State, said that an officer's testimony that a person failed to show proof of insurance was not sufficient to show that the person did not maintain financial responsibility. The State has the further responsibility to show that the person was not financially responsible. To prove that, for example, the State must prove that the person was not insured by any insurance company and that the person did not have assets, or access to assets, of $40, 000. Basically, it is impossible for the State to Ms. Laura Dinman July 19, 1991 Page 2 meet its burden of proof beyond a reasonable doubt without requiring the Defendant to testify against himself. However, if a person pleads guilty or no contest, and thus admits guilt, no proof is required. Rather than hope a few uninformed people will plead guilty, most police agencies (including the Department of Public Safety, most counties and cities) have elected to move for dismissal of pending cases rather than attempt to prosecute these citations. After due consideration on this matter, I have decided to recommend dismissal of all pending insurance citations. The Legislature has passed legislation which is reputed to solve the problem. House Bill 2, Section 10, revises the requirements for maintaining and showing proof of financial responsibility. However, this Bill does not go into effect until September 1991. Please contact me if you have any questions or concerns regarding this matter. Sincerely, EAE/kt stake\ttr\derman.01 cc: Mr. Curtis Hawk Judge Brad Bradley City of Southlake,Texas CITY MANAGER MEMORANDUM — 30--9 July 30, 1991 TO: Ricky Black, Fire Lieutenant, Fire Services Division Garland Wilson,Fire Lieutenant,Fire Services Division Ron Wilson, Fire Lieutenant, Fire Services Division FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Fire Hydrant Discharge Size Survey -------------------------------------------------------------- I am requesting a survey of all fire hydrants within the city limits as soon as possible relative to their physical address, discharge size and the physical address of all yard hydrants. The attached map has been split into three shifts. This map will be used as a guide and each shift Lieutenant is responsible for all information in his area. This survey shall be conducted as follows by each shift. There will be a map furnished for this survey. You will not use the maps that you have for hydrant maintenance. Each shift will physically locate every hydrant in their assigned areas. Take the survey map with you and highlight the streets that you have completed. You will need to check the steamer discharge sizes, so take a 4" and 4-1/21, adaptor with you. Each shift shall make a written report, and submit it to the Fire Prevention Office on your progress . Once the survey has been completed, you shall turn the map into the Fire Prevention Office. A final written report on how many 4" steamer discharges that exist shall be attached. Please see if we can complete this survey by no later then Saturday, August 10, 1991. Thank you for your help and cooperation in this matter. If you have any questions or suggestions, contact myself or Roger Stewart. Z� BC/mr Attachment City of Southlake,Texas MEMORANDUM CITY MANAGER July 30, 1991 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Continuing Investigation --------------------------------------------------------------- Please find attached a memorandum from Fire Prevention Officer Roger Stewart regarding his conversation with the insurance company's arson investigator. I am available for any questions or comments that you might have. BC/mr Attachment 1 M E M O R A N D U M July 30, 1991 TO: Director Campbell FROM: Roger Stewart Fire Prevention Officer ;T�' SUBJECT: Insurance Company Investigation at 1280 East Highland ------------------------------------------------------------- On Tuesday July 30 , 1991 at approx. 08 :00 hours, an investigation team from the Loss Research and Analysis, Inc. out of Greenville, Texas was on the scene at 1280 East Highland. This team contracted with Trinity Universal Insurance Company of Dallas, Texas to investigate the fire at the Carroll Baptist in our city. At approx. 11 :30, hours, I made contact with a Mr. R. Britt McManus President, and chief investigator for LRA, Inc. . Mr. McManus advised that after four hours of digging, and analyzing the scene he and his investigators could not find (due to the large amount of damage) any evidence of a suspicious origin of the fire. I then went over the findings of the investigation that the City of Southlake and Tarrant County Arson Task Force had done on Friday the 26th, and Saturday the 27th of August. This included photographs, witness statements , drawings, and physical evidence. Mr. McManus after reviewing the material stated that the investigation that we had preformed was very detailed and thorough. The information that I had given him would help in his report . He also stated that they were going to classify the fire as unknown in origin, that due to the heavy damage to the building and its contents , a positive cause could not be determined at this time. The investigators stated that it appeared that the fire had a high origin, but an ignition source could not be found. The Fire origin area was the Northwest classroom/bathroom area. This is where the most intense burning took place, and the most damage shows to have occurred. I made contact with a Mr. Don Wood, he was the claims adjuster for the Trinity Universal Insurance Company. Mr. Wood advised that depending on the investigation report that he would receive from LRA, Inc. and the information that he had received from us, the claim would probably be paid quickly, and get the church back on their feet as soon as possible. Copies of their reports will be sent to the City as soon as they are complete. If you have any questions or comments, please contact me. Thank You. City of Southlake,Texas CITY MANAGER M E M O R A N D U M July 30, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: City/County Street Reconstruction Projects ------------------------------------------------------------- In past years the City has contracted with private contractors and with Tarrant County to reconstruct streets in Southlake. Below is a list of streets that have been reconstructed by County and private contractors : I . Streets reconstructed (pulverize 6" subgrade - 2" asphalt) by private contractors : Year Description 1986 a. Dove St. , from Carroll Ave. to White Chapel Blvd. to b. White Chapel Blvd. , from Dove Road to Highland St. it C. White Chapel Blvd. , from FM 1709 to Bear Creek Road it d. Continental Blvd. , from White Chapel Blvd. to Davis Blvd. II . Streets reconstructed (stablized 6" subgrade - 2" asphalt or seal coat) by Tarrant County: Year Description 1985 a. Peytonville Ave. , from Dove St. to Continental Blvd. (seal coat) 1986 b. Dove St. , from White Chapel to west city limits . (seal coat) 1989 c. Carroll Ave. , from FM 1709 to Continental Blvd. (2" asphalt) 1990 d. Shady Oaks, from Dove St. to FM 1709 . (2" asphalt) 1990 e. North Kimball, from SH 114 to Dove St. (2" asphalt) 1991 f. South Kimball, from Continental Blvd. to Southlake Blvd. (2" asphalt) 1991 g. Highland St. , from Shady Oaks to Kimball Ave. (2" aspahlt) If you have any questions, please contact me. m MHB/lc s LAW OFFICES OF W. McFarland Bagby 2 9 ISO A PROFESSIONAL CORPORATION (817)461-5741 OFFICE OF CITY MANAGER 4025 WOODLAND PARK BLVD. W.MCFARLAND BAGGY—BOARD CERTIFIED SUITE 140 PERSONAL INJURY TRIAL LAW ARLINGTON.TEXAS 76013 TEXAS BOARD OF LEGAL SPECIALIZATION 26 July 1991 City of Southlake CERTIFIED MAIL NO. P 858 140 723 667 N. Carol Avenue Southlake, Texas 76092 Re: Surface water overflow from Dove Creek Gentlemen: I have been retained by Ken Smith of Southlake, Texas to represent him in connection with a claim or claims for damage that his property has received from surface water overflows at Dove Creek and Highway 114. As you know, for many, many years Mr. Smith and his family have operated a business from his shop area north of Highland Street and southwest of 114, which is bisected by Dove Creek. This Spring, their shop and office was flooded on several occasions. An investigation by a consulting engineer revealed that the flood was greatly in excess of the natural flow and was due to land development in the upstream portion of the watershed. Further, it is our factual position that excessive flood flows may be expected to reoccur in the future because of upstream development. Since the City has control over the means, methods and procedures for controlling surface flow drainage by and through their approval of plats, grades, utilization, and zoning, my client feels that the City should take immediate steps to reduce both the volume of flood water and to control the speed of the flow. Please do not respond by saying that the culvert under Highway 114 placed by the Texas Highway Department is the cause of Mr. Smith's flooding problem, as we all know that this culvert has been in place for approximately thirty (30) years and, therefore, upstream development standards would have been affected by this man-made impediment to surface flow. It is our factual position that you should notify us within thirty (30) days of your receipt of this letter as to your plans. Otherwise, we will be forced to take direct action against the upstream developers who have changed the natural flow pursuant to your approval. City of Southlake 26 July 1991 Page 2 Those parties are being put on notice of our concerns by receipt of courtesy copies of this letter, and we trust that, with the sophisticated procedures--which-engineers now use,- each deve oper -- - - can be allocated an appropriate percentage of the damage sustained by my client in direct proportion to the percentage of the upstream watershed that was changed, altered, or amended pursuant to your development standards. We look forward to receiving a written response in the time set forth above so that we may avoid the delay and the expense of litigation. Yours truly, �ARLAND iBAGBY WMB:ran cc: Chapel Downs Chapel Downs Joint Venture Glen Lakes Plaza, Suite 210 5430 Glen Lakes Drive Dallas, Texas 75231 cc: Oak Hill Estates James R. Harris Co. 6300 Ridglea Place, Suite 1212 Fort Worth, Texas 76116 cc: Diamond Circle Lloyd Garder 316 Quailcrest Bedford, Texas 76021 cc: Mission Hills Burger & Rakens Box 369 Grapevine, Texas 76051 City of Southlake 26 July 1991 Page 3 cc: Lakewood Acres Burger & Rakens Box 369 Grapevine, Texas 76051 cc: Brookes H. Baker Brookes Baker, Inc. 612 Town Center Tower Fort Worth, Texas 76115 cc: Mr. Kenneth Smith P.O. Box 3 Grapevine, Texas 76051 City of Southlake,Texas CITY MANAGER MEMORANDUM August 1, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Award Bid for Cathodic Protection for Two 1.5 MG Elevated Storage Tanks ----------------------------------------- On Wednesday, July 31, 1991, at 10 :00 a.m. , bids were opened and read aloud for cathodic protection for two 1.5 MG elevated storage tanks . Attached is a bid tabulation and letter of recommendation from Cheatham & Associates. The low bidder is Harco Technology Corporation (offices in Houston) at a cost of $12,860 . Harco is a very reputable company and has been in this type of business for many years . Cheatham & Associates is recommending that Harco be awarded the bid at $12,860 and Staff concurs with that recommendation. The line item ( 147/793) budgeted amount was $14,500. Please place this item on the Council 's next agenda for their consideration. If you have any questions, please contact me. /til ttA MHB/lc attachment: Bid tabulation CHEATS )FA'UGO �'i AND 2 1981 ASSOCIATES iPWCC WOM DEP7 August 1, 1991 Mike Barnes, P.E. ; Director of Public Works City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Subject: Cathodic Protection Project/Award of Contract (C&A # 1-416) Attached is a bid tabulation for the bids recieved for the subject project. HARCO is a national firm conducting considerable business in the southwest and the Dallas-Fort Worth/Southlake area. We have no information indicating HARCO is not a responsible bidder. Although the cost of future service calls was not included in the bid documents as a criteria for evaluating bids, we reviewed this matter with the two low bidders. HARCO service and inspection personnel are frequently in the area. We anticipate that the cost of inspections and service calls will be approximately equal between the two low bidders. Therefore, we recommend the contact, in the amount of $12,860.00, be awarded to the low bidder, HARCO Technologies Corporation. Upon confirming action by the City Council, we will begin executing the contract documents. Please do not hesitate to call should you have any questions. We will be present at the August 6, 1991 City Council meeting to answer any questions that may arise. JL Eddie Cheatham, P.E. Principal ENGINEERS •PLANNERS • SURVEYORS Lw A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West • Suite 207 • Arlington,Texas 76006 817/633-1023 • Metro 640-4329 000 DmZ -IZ � OP S N Z W A of Z to roN 1' r .� c = M Cf G 3� z N 0O m a N rnZ m Q < m n a z n m a N n D C ' i d Z Cm -� f A rt V 7 W r t0 r r r Z � • C AO46CS .�_ Z Om Vnno A Cf 01 0 O iC co c V �\ m "+ r W n Ch n o CDN Cl- -1 W Oar ;u Z co -7-0 W W 1� • m .... rn o: A �. r Z W v =O, PO Is O o CO cn. -1 v I D -vc p rnmm ' N v -I 3 m _ x -n S r O m U3aa (n z N J. v tea " m v J O OOdG.•7 N 00•. . 0 O co L n m t-► n .� Z r n mq m v A O N City of Southlake,Texas 1 M E M O R A N D U M CITY MANAGER August 1, 1991 I TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Permission to Advertise for Bids for Drainage Improvements for San Juan Drive and Oakwood Trail Drive M ------------------------------------------------------------- I As per previous discussion with the Council, there are two drainage projects that are ready to be advertised. The first drainage project is on San Juan Drive and involves filling a large wash-out section within an existing easement, with select material and concrete lining the drainage ditch. i The wash out presents a potentially hazardous situation for the surrounding neighborhood. (Pictures of the site will be available at the workshop. ) The concrete lined ditch will be approximately 15 ' wide and 75 ' long. The City Attorney has informed Staff that since this is a dedicated drainage easement it is the City' s responsibility to repair the ditch. The second drainage project is on Oakwood Trail Drive and involves pouring a 5-6 foot wide concrete flume approximately 200 feet long between 1205 and 1207 . This is the project i that Staff has been negotiating with the property owners on the price of the easement with the Council . Mr. Thomas has agreed to the offer made by the Council and signed the i easement. The Anderson's have agreed to the offer but have not signed the easement because they have not received it to-date. Staff will get the easement to them by August 2 . The total cost of both projects will be approximately $25,000 to $30,000 and will be paid from the Infrastructure Reserve Account. The project is scheduled to receive bids on August 14 , 1991 and be awarded on August 20, 1991 . Please place this item on the Council ' s next agenda for i consideration. If you have any questions, please contact me. i i i MHB/lc i I i i S n City of Southlake,Texas CITY MANAGER IM E M O R A N D U M - - I August 1, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Permission to Advertise for Bids for Sewer Improvements for the New High School ---------------------------------------- In January 1991, the City of Southlake and Carroll Independent School District entered into an agreement (see attached agreement) whereby the City would prepare plans and specifications for the new high school sewer line, prepare and obtain all required easements and have the line installed, providing C. I .S.D. would pay all associated costs including engineering, surveying, construction, easement acquisition, and easement preparation costs . All easements have been obtained for the proposed sewer line for the new high school. Cheatham & Associates has the plans completed and is ready to advertise for bids for this project. The bid opening is scheduled for August 14, 1991 with the projected award to be made on August 20, 1991. Please place this item on the Council ' s next agenda for consideration. If you have any questions, please contact me. MF5 MHB/lc attachment V I 1 OFFICIAL RECORD INTERLOCAL COOPERATION AGREEMENT FOR SEWER SERVICES STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is made and entered into by and between Carroll Independent School District, a political subdivision of the State of Texas (hereinafter referred to as "District") and the City of Southlake, Texas, a home rule municipal corporation, located in Tarrant County, Texas (hereinafter referred to as "City") . WHEREAS, Article 4413 (32c) of the Revised Civil Statutes of Texas, authorizes school Districts and cities in the State of Texas to contract with one another for the providing of various governmental functions and services, including those in the area of public health and sanitation; and WHEREAS, City is in the process of providing sanitary sewer services to residents and other users within the city limits of City; and WHEREAS, District desires and needs access to City's sanitary sewer system for purposes of serving an existing and a proposed school within the city limits of City; and WHEREAS, District has requested that City provide the necessary sewer services and has agreed to pay for such services as provided herein. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: District and City, for the mutual consideration hereinafter stated, agree as follows: stake\cisd.agt ewe. - � I. City agrees to provide for the construction of a lift station, force main and gravity line from the existing high school to the g Y g g N-3 Lift Station located on the east side of Carroll Road at Dove Creek (hereinafter referred to as the 11N-3 sewer system") . City further agrees to provide for the construction of a gravity sewer line from the S-4 sewer main to the proposed high school, which will be located at 1709 and Peytonville Road (hereinafter referred to as the 11S-4 sewer system") . II. In conjunction with the construction of the N-3 sewer system and S-4 sewer system, City will provide plans and specifications, engineering, surveying and all other functions which are preliminary to the construction of the above sewer systems. District agrees to pay for all costs of engineering, surveying, design, easement acquisition, inspection fees, and consultant or other fees reasonably and necessarily attendant to the design or installation of said sewer systems, including any change orders. Upon receipt of a bill from the consultant, City will bill District for engineering, surveying and inspection fees, and such fees shall be paid to City by District within a reasonable amount of time. III. District will be responsible for securing all easements necessary for the installation of the S-4 sewer system and will pay all costs for such easements, including condemnation costs, attorneys' fees or any other fees attendant to the acquisition of such easements. stake\cisd.agt -Z- �A� IV. In conjunction with the design of the N-3 sewer system, City will have its engineers calculate the minimum required sizing for such lift station, force main and gravity line facilities, and shall calculate the costs of installing such minimum size facilities. City may, in its discretion, provide for oversizing or additional capacity of said systems; however, any excess costs associated with such oversizing or additional capacity shall be borne by the City. V. District agrees to pay for the construction of the S-4 sewer line from the main trunk line to the District's property. District shall be entitled to any pro rata reimbursements that may be available under Ordinance No. 493, or any subsequent approach main ordinances adopted by City. District also agrees that it will be responsible to pay its pro rata share of the existing main trunk line of the S-4 sewer system in accordance with Ordinance No. 493. City will calculate this fee prior to the completion of the S-4 sewer line and District will pay its prorated fee within a reasonable length of time. VI. Prior to construction of the above facilities, City will take competitive bids for such construction in accordance with the requirements of Chapters 252 and 271 of the Texas Local Government Code. No construction shall begin until both the City Council of City and the School Board of District have approved the award of such bid. District will pay to City the total construction costs slake\cisd.agt -3- on each project as set forth in the approved bid as soon as each of the bids is awarded. VII. In the event that said sewer systems or any portion thereof is not constructed by mutual agreement of the parties. District shall pay all costs and expenditures already expended by City in anticipation of such construction. VIII. This agreement and any of its terms and provisions, as well as the rights and duties of the parties hereto shall be governed by the laws of the State of Texas. In the event that any cause of action is filed by either party arising out of the terms of this agreement, venue for said lawsuit shall - be in Tarrant County, Texas. IS. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. X. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies . to the other that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. slake\cisd.agt .4- EXECUTED in duplicate originals this the J/ day of 1991. CARROLL INDEPENDENT SCHOOL DISTRICT By: 4� �f J President BSCRIBED AND SWORN TO BEFORE ME on this the // day of 1991. NotfirybVublic •in an for the State of Texas My Commission Expires: Joyce C. Rodgers Type or Print Notary's Name 3/1 Sf93 APPROVED ;T70 AND LEGALITY: r rney for Carroll Independent School District CITY OF SOUTHLAKE By: "GFicVs, Mayor ATT T: ol Sandy LeGrand, City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney slake\cisd.a9t -S- ` C� City of Southlake,Texas IM E M O R A N D U M C1TY MANAGER August 1, 1991 TO: Curtis E . Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Consider Approval of Change Order #1 for Water Improvements Project ------------------------------------------------------ At the July 16, 1991 Council meeting, the Council awarded low bidder Wright Construction the contract for Water Improvements along White's Chapel, Ridgecrest and Shady Lane. The contract was for $217,000.50, which was $37,000 higher than the budgeted figure of $180,000 . At that meeting it was proposed to Council to award the contract as is with the stipulation that at the August 6th council meeting, staff would submit a change order to the contract, reducing the project to $180,000 . The original contract described three sections of water lines to be installed. They were: 1 . A 12" line on north White Chapel 2 . An 8" line on Ridgecrest 3 . A 6" and 12" line on Shady Lane and Highland After calculating all three items based on the unit prices it was determined that items 1 and 2 could be installed for $180, 000 . In order to allow for unexpected conditions in the field, such as additional valves or fire hydrants required, Staff would propose that the change order be set at $190,000 . Since this amount exceeds the budgeted amount of $180,000, the remaining $10,000 will be transferred from different line item amounts that have not expended their total budgeted amount. Therefore, Staff recommends that the attached change order #1 in the amount of $190,000 be considered for approval by the City Council at their next council meeting. Please place this item on the Council ' s August 6 agenda for their consideration. If you have any questions, please contact me. h MHB/lc attachment: Change Order #1 CONTRACT CHANGE ORDER OAT SCAT rreXaS Cox-,nACT FOR co"N fiarrant Water Imp roveme is — owM Ere City of Southlake To _Wright Construction Cagany__„_.._...._ ___..__ {Caetresred you are hereby requested to comply with the following d=ges from the contract plans and specifications Description of Changes DECREASE INCREASE (Supplemental Plans and Specifications Attached) is Contract Price is Contract Pdce 5 S Reduce the scope of work by deleting 6" and 12" water line along Shady Land and Kimball. 27,000.50 TOTALS S 27,000.50 NET CHANGE IN CONTRACT PRICE S 27,000.50_ JUSTIFICATION:- To keep within budgeted amount. The amount of the Contract Will be(Decreased)(Increased)By The Sam Of: twenty—seven thousand dollars and fifty cents Doha=(S 27,000.50 ). The Contract Total Including this and previous Change Orders Will Be: _ one hundred ninety thousand dollars and no cents Dollars(S 190'000'00 The Contract Period Pr6-vided for Completion Will Be(Increaseal(Decreased)(Unchanged): —Days This document will become a supplement to the contract and all provisions Will app1Y heftt*- Requested (Omer} (bete) Recommended (Dote) (Ornar'e wreAiteet/fiaainee� Accepted {Centtetlor) {bete) L Z00 Z OOSSF V KF UVaH0 99960r9!T9,Q t•T:ZT T61 TC-LO City of Southlake,Texas MEMORANDUM CITY MANAGER j August 2, 1991 � I i TO: Curtis E . Hawk, City Manager FROM: Lou Ann Heath, Finance Director SUBJECT: Res. No. 91-39, Facsimile Signature Machine ------------------------------------------------------------- The attached resolution regarding signature authorization reflects a change from $10,000 to $5,000 as recommended by City Council during the discussion held at the July 16th meeting. �� �/kb City of Southlake,Texas RESOLUTION NO. 91-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY (low OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN CHECKS FOR ALL BUDGETED ITEMS; REQUIRING TWO SIGNATURES OF EITHER THE CITY MANAGER, CITY SECRETARY, MAYOR OR MAYOR PRO TEM FOR CHECKS ISSUED ON BEHALF OF THE CITY FOR ANY ITEM EXCEPT A PAYROLL CHECK; PROHIBITING THE MAKING OF A CHECK FOR NON-BUDGETED ITEMS; AND PROVIDING FOR AN EFFECTIVE DATE UPON PASSAGE AND APPROVAL. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That all of the findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in their entirety. Section 2 . That by passage of this resolution the City Council does hereby require two (2) signatures of either the City Manager, City Secretary, Mayor and/or Mayor Pro Tem for checks of $5,000 or more issued on behalf of the City of Southlake for any item. Section 3. That by passage of this resolution the City Council does hereby require two (2) signatures, facsimile or actual, of the City Manager, City Secretary, Mayor and/or Mayor Pro Tem for checks less than $5,000 issued on behalf of the City of Southlake for any item except a payroll check which may be signed, facsimile or actual signature, by only one of the four above named officers . Section 4 . That by passage of this resolution the City Council does hereby prohibit the making of a check for any item without budgeted funds available, as any expenditure requires prior budget approval from the City Council . Section 5 . That this resolution be in full force and effect from and after its passage and approval. PASSED AND APPROVED this the day of , CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor City of Southlake,Texas Resolution No. Page 2 ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas ,S.tr ` City of Southlake,Texas M E M O R A N D U M i August 1, 1991 TO: Honorable Mayor and Members of City Council i FROM: Curtis E . Hawk, City Manager SUBJECT: Drug-Free Workplace Policy ------------------------------------------------------------- The Drug-Free Workplace Policy is before you for consideration at this time. At the last regular City Council meeting on Tuesday, July 16 , several questions were raised by Councilmembers concerning the proposed policy. Listed below in question-and-answer format is an explanation of the questions posed. 1. Why are we considering this policy? Rules adopted by the Texas Workers ' Compensation Commission pursuant to the Texas Worker' s Compensation Act, Article 8308-7 . 10, requires employers who have 15 or more employees and who maintain workers ' compensation insurance coverage to " . . .adopt a policy designed to eliminate drug abuse and its effects in the workplace. " Moreover, Public Law 100-690 (41USCS 701) , the "Drug-Free Workplace Act of 1988, " requires all employers with federal grants or contracts of $25,000 or more to publish and distribute a Drug-Free Workplace Policy. 2 . What are the requirements of the state and federal laws? Note that state law requires us to adopt a policy designed to eliminate drug abuse and its effects, while federal law requires us to provide a drug-free workplace, both by doing certain things . We are required by one or both to: a. adopt and publish the written policy and policy statement which will ( 1) notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the workplace; (2) notify employees that the policy includes alcoholic beverages, inhalants, illegal drugs, and may include prescription drugs; b. establish a program to inform employees about ( 1) the dangers of alcohol and drug abuse in the workplace (2) the policy of maintaining a drug-free workplace i Honorable Mayor and Members of City Council Drug-Free Workplace Policy August 2 , 1991 Page 2 ( 3) any available alcohol and drug counseling, rehabilitation, and employee assistance programs (4 ) the actions that will be taken against employees for violations; C . provide a written copy of the Drug-Free Workplace Policy to each employee on or before the first day of employment, or within thirty days after the policy is adopted. 3 . What are the major issues to be cautious about in adopting the policy? The major issues revolve around doing everything required by the state and federal drug policy requirements, while paying attention to the legal ramifications of drug testing as they relate to the constitutional restrictions limiting government actions, the constitutional right of privacy, and the constitutional right to due process . 4 . Does the state or federal law or agency rules require employers to have a drug testing program? No. 5 . If not, why are we proposing a form of drug testing? The best response is a quote from the Drug Free Workplace Resource Guide published by the Texas Workers ' Compensation Commission, Health and Safety Division: . . .some companies use drug testing to send a strong message to applicants, employees, and supervisors alike, that drug use in the workplace will not be tolerated. Such companies believe that the work atmosphere created by this message may actually encourage non-drug using employees •to remain drug-free and encourage occasional users to stop and that drug testing in this capacity may actually achieve a deterrent effect. 6 . How does drug testinq relate to the constitutional restricting on government action? The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures by the government. The courts have recognized drug testing as a search under the Fourth Amendment, thus drug testing must be conducted in a reasonable way. The legitimate governmental interest must be balanced against the rights of employees to be free from unreasonable searches . In applying the "balancing" test, the courts have consistently held that integrity of the workplace Honorable Mayor and Members of City Council Drug-Free Workplace Policy August 2, 1991 Page 3 is not a legitimate governmental interest upon which drug testing can be predicated, but that public safety is a legitimate interest. 7 . What about the right to privacy? Privacy rights relate to an individual employee' s interest in autonomy in regulating one' s body and being free from unwanted governmental intrusions in personal decisions and disclosure of personal facts regarding one' s life. To intrude on personal privacy, government must show that the compelling governmental objective cannot be achieved in a less intrusive manner. g . What about due process? The Fourteenth Amendment requires states to provide due process of law before an individual can be deprived of life, liberty, or property. Due process has procedural and substantive aspects. Both can be thought of in the descriptive terms : procedure; substance. Procedural due process means that an employee must be given notice of alleged wrong doing, and must be given a hearing. A procedure must be followed. Substantive due process means simply that the discharge or punishment of any employee must be based upon a valid reason, i .e. , there must be a confirmed positive test result. 9 . What about searches for drugs or alcohol? Just as with drug testing, searches of the workplace must be reasonable in both inception and scope. Under certain circumstances, searches involving employer-owned equipment such as lockers, file cabinets, desks, vehicles, etc. , may be justified as a means of protecting City property, the workplace, and the public. Searches of personal belongings such as purses, personal vehicles, etc. , run a risk of being held as an invasion of privacy and an unreasonable intrusion. 10 . What about equal protection? The Fourteenth Amendment also prohibits states from denying equal protection. Thus, a government may not differentiate without valid reason among people similarly situated. 11. What type of testing does our proposed policy incorporate? Pre-employment; Post-accident, in certain circumstances; Reasonable suspicion. (a) Pre-employment - Testing of all full-time and part-time applicants who are "considered for" a position. Applicants who test positive will not be considered suitable for employment. a ` Honorable Mayor and Members of City Council Drug-Free Workplace Policy August 2, 1991 Page 4 (b) Post-accident - Employees involved in on-the-job accidents or who engage in unsafe behavior or activities on the job that pose a danger to others or the overall operation of the City are tested and appropriate disciplinary action is taken when tests results are positive. (c) Reasonable Suspicion - Employees are tested on the basis of: ( 1) direct observation of drug use or the physical symptoms of being under the influence of a drug or alcohol; (2) abnormal conduct or erratic behavior while at work; or (3) absenteeism, tardiness or deterioration in work performance which is continuous and repeated over time. 12 . Who does our testing, and what procedures are followed? We use the Southlake Medical Clinic, which is the official City doctor and performs all of our physical examinations as well . The clinic sends the specimen to MetPath, Inc. , a drug testing lab certified by the National Institute on Drug Abuse (NIDA) . The NIDA, a division of the U.S. Department of Health and Human Services, has developed standards for proficiency testing and accreditation for laboratories engaged in drug testing. If a sample tests positive, the employee is retested. 13 . Does the proposed policy incorporate random testing? No. The issue of drug testing in the workplace is still evolving. There have been cases where the courts have found even the safety interest to be insufficient to warrant mandatory random drug testing. 14 . other than for applicants, what is the key factor in our drug testing policy? Individualized reasonable suspicion. Courts have consistently upheld drug testing based upon individualized suspicion when the employees tested were in positions where they could do harm to themselves or others, particularly police officers, firefighters, equipment operators, etc. The suspicion must be isolated to the employee to be tested and cannot be based upon suspicion of a group of workers in general . 15 . Is it legal to terminate an employee who refuses to take a drug test based upon reasonable suspicion? Yes . Particularly in at-will employment situations, the courts have held that an employee has the option to consent to the test or not consent and be terminated. We are an at-will employer. Honorable Mayor and Members of City Council Drug-Free Workplace Policy August 2, 1991 Page 5 16 . Do employees disciplined under this policy have a right to appeal? Yes. The Employee Complaint and Grievance Procedure. The City Charter requires the City manager to prepare personnel rules subject to the approval of the City Council. I have considered the requirements of the state and federal laws and agency rules, along with our organizational needs, and have consulted with our City Attorney to see that all laws are complied with. The Drug-Free Workplace Policy is herewith submitted for your consideration. I recommend approval. GV7 CEH/kb DRUG-FREE WORKPLACE POLICY A. Purpose that drug The City of Southlake recognizesg and alcohol abuse ranks as one of the major health problems in the world and adversely affects an employee's performance and safety on the job. It is necessary and required by law for the City to provide a drug-free working environment for its employees. The objective of this policy is to develop a drug and alcohol-free workplace which will foster a safe and productive workplace and to provide education and treatment to our employees. In order to further this objective, the following rules regarding alcohol and illegal drugs in the workplace have been established. B. General Policy Statement To maintain a drug-free workplace, the City prohibits the unlawful manufacture, distribution, dispensing, possession, sale, purchase, use or presence under the influence of illegal drugs, alcoholic beverages, and/or drug paraphernalia in the workplace, during working hours, or in a City vehicle. Violation of the Drug Free Workplace Policy is a violation of City of Southlake Personnel Policy. Employees who plead guilty or nolo contendere to violation(s) of criminal drug and alcohol statutes while on the job are in violation of this section. In addition, an employee is required to notify his/her supervisor of any criminal drug statute conviction no later than five days after conviction. C. Application The policy applies to all City employees regardless of rank or position and includes temporary and part-time employees, volunteer firefighters, and reserve police officers. D. Definitions 1. Alcoholic Beverages - meaning alcohol or any liquid containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes alone or when diluted. The moderate use of alcoholic beverages at City sponsored functions shall be permitted if such social functions do not occur on City property, during working hours, and do not involve the use of a City vehicle for transportation to or from the event. 2 . City Premises - meaning all City property including, buildings, grounds, vehicles, lockers, and parking lots. 3. City Property - meaning all City owned or leased property used by employees such as building, grounds vehicles, lockers, desks, closets, etc. i 4 . Competent Authority - meaning two (2) supervisors, or one ( 1) supervisor and one (1) witness if two (2) supervisors are not available. 5. Drug - meaning any chemical substance that produces physical, mental, emotional or behavioral change in the user. 6. Drug Paraphernalia - meaning ( 1) equipment, a product or material that is used or intended for use in concealing an illegal drug or for use in injecting, ingesting, inhaling or otherwise introducing into the human body an illegal drug or controlled substance and (2) equipment, products or materials of any kind mentioned in Vernon's Texas Civil Statutes, Article 4476-15 (Controlled substances Act) Section 1.02( 15) . 7. Illegal Drugs - meaning ( 1) any drug or derivative thereof which the use, possession, sale, transfer, attempted sale or transfer, manufacture or storage of is illegal or regulated under any federal, state, or local law or regulation and any other drug, including (but not limited to) a prescription drug, used for any reason other than a legitimate medical reason and inhalants used illegally, and marijuana or cannabis in all forms, (2) any substance listed in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) , and (3) controlled substances as defined in Vernon's Texas Civil Statutes, Article 4476-15 (Controlled Substances Act) Section 1.02(4) and marijuana. 8. Reasonable Suspicion - meaning suspicion of Competent Authority supported by evidence strong enough to establish that a policy violation has occurred. 9 . Under the Influence - meaning the state of not having the normal use of mental or physical faculties resulting from the voluntary introduction into the body of an alcoholic beverage, drug, or a controlled substance. 10. Unsafe Act - meaning an action in which obvious precautions are violated, careless and improper instructions or orders are given, or an unusually reckless attitude is present. 11. Working Hours - meaning the time during which an employee is on duty including regular time, overtime, and emergency duty. The employee is responsible to notify his/her supervisor prior to reporting for duty if that employee's performance may be compromised or diminished from use of alcohol or drugs. -2- E. Compliance To insure compliance with the above rules, the City may require that an employee or prospective employee submit to a urine and/or blood test as a means to determine the presence of Illegal or Unauthorized Drugs or Alcohol and as a condition of employment or continued employment under the following circumstances and conditions: 1. Prior to employment with the City of Southlake, all persons shall be required to submit to a urine and blood test for drugs during the routine physical exam. 2 . The City Manager, or in the absence of the City Manager, the Acting City Manager, may require any employee who has sustained an injury or was involved in an accident or unsafe act, to submit to a urine and/or blood test for drugs and alcohol in the following situations: a. When an accident or incident occurs where safety precautions were violated, unsafe instructions or order were given, or unusually reckless acts were performed. b. When a supervisor believes that an employee was in the immediate vicinity of the accident or incident and may have caused or contributed to the accident or incident through an Unsafe Act. otherwise, a urine and/or blood test will not be required after an accident or incident unless a Competent Authority has a reasonable suspicion that the employee involved in the accident or incident has violated the drug or alcohol rules of the City of Southlake. 3. Any employee shall submit to either urine tests or blood tests for drugs and alcohol, if a Competent Authority has a reasonable suspicion based on specific, articulable facts that the employee is in violation of the rules of this Section or any other disciplinary rule of the City of Southlake relating to drug or alcohol use. A reasonable suspicion may be based upon but not limited to, the following criteria: a. direct observation of drug or alcohol use or possession or physical symptoms of the influence of a drug or alcohol, b. a pattern of abnormal or erratic behavior, including an accident on the job, C. arrest or conviction of a drug or alcohol-related offense on or off the job or the identification of an employee as the focus of a criminal investigation into Illegal Drug use, possession or trafficking, -3- d. information provided by reliable or credible sources or information which is independently corroborated, e. evidence that an employee has tampered with a previous drug or alcohol test, or f. possession of Drug Paraphernalia. 4 . An employee or job applicant, who refuses to submit to drug and alcohol testing under the provisions of this section within two hours after required by the City of Southlake may be terminated from employment or automatically rejected as a job applicant. A refusal to sign all forms associated with the testing process shall be considered to be a refusal to take a drug and alcohol test. Any action taken by the employee or a job applicant which can reasonably be construed as an attempt to tamper with a urine or blood sample or any part of the testing process will be grounds for termination of an employee or automatic rejection of a job applicant. An employee may be terminated or a job applicant rejected if the employee or job applicant submits a urine or blood sample which tests positive for the presence of drugs and alcohol above allowable levels. An employee who tests positive for the presence of drugs and alcohol shall be allowed to assert an affirmative defense prior to any disciplinary action. The only acceptable defense shall be that the employee has a valid prescription from a licensed medical practitioner for the controlled substance which has tested positive or has taken an over-the-counter medication in accordance with the manufacturer's instructions. Any controlled prescription substance must be taken in the prescribed dosage by the employee and shall be prescribed only for the employee who tests positive. The burden of proving the affirmative defense shall rest upon the employee. 5 . An employee disciplined as a result of a positive urine or blood test for detectable drugs and alcohol may file a grievance pursuant to the grievance process listed in the Employee Complaint and Grievance Procedures section of the City of Southlake's Personnel Handbook. An employee who is dismissed or otherwise disciplined for tampering with a urine or blood sample or the testing process, refusing to take a drug and alcohol test when it is required, and all other violations of the disciplinary rules of the City of Southlake concerning drug and alcohol abuse, who wishes to file a grievance shall also use the Employee Complaint and Grievance Procedure. -4- 5 Job applicants shall not have the opportunity to use the grievance process. 6 . The City shall establish the levels for the detection of alcohol and drugs in urine or blood for tests required by the City of Southlake. A listing of the maximum allowable levels for drugs and alcohol shall be appended to the Administrative Procedures for Implementation of the Drug-Free Workplace Policy, and shall be disseminated to all employees. 7. It is the policy of the City of Southlake that the most accurate methods reasonably available should be employed for initial drug analysis of samples and subsequent verification of a positive result. The drug and alcohol testing process shall be maintained in strict confidence to protect the privacy of employees and job applicants tested. Information on test results and all forms completed by the employee or applicant shall be released within the city organization only when necessary unless required by law or in defense of the City. An employee or job applicant may obtain his/her own test results upon written request to the City Manager's Office. Test results and forms shall not be released to any other person not associated with the City of Southlake without the written consent of the employee or the job applicant unless such release is required by law or in defense of the City. F. Employee Assistance Program The City will provide employees with confidential, referral for assistance in resolving or accessipg treatment for addiction to, dependence on, or problems with alcohol, drugs, or other personal problems adversely affecting their job performance. The cost of treatment, counseling or rehabilitation resulting from EAP referral will be the responsibility of the employee. EAP-related activities, such as referral appointments, will be treated on the same basis as other personal business or health matters with regards to use of sick or compensation leave. Sick leave may be taken as needed, while compensation time must be pre-approved. G. Searches Search procedures, conducted under reasonable suspicion, such as inspections of employee's personal property including briefcases, lunch boxes, or tool boxes, will be maintained as part of the City's security measures. All employees will be expected to cooperate as a condition of continued employment with special drug/alcohol searches when there is reasonable -5- suspicion to believe that an employee may be in possession of drugs or alcohol. Searches on City premises and City property can be conducted at any time there is reasonable suspicion that this Policy has been violated. Searches conducted under this Policy must be authorized by the City Manager or in the absence of the City Manager, the Acting City Manager. H. Preventive Acts Employees taking drugs prescribed by an attending physician must advise their direct supervisor in writing of the possible effects of such medication regarding their job performance and physical/mental capabilities. This written information must be communicated to the direct supervisor prior to the employee commencing work. All medical information will be kept confidential. Any breach of privacy and confidentiality in this regard shall be a violation of this Policy. All prescription drugs must be kept in their original container. I. Reservation of Rights The existence of this Policy shall not constitute any limitation on the rights of the City of Southlake to manage its affairs. The City reserves the right to interpret, change, suspend, .cancel or dispute, with or without notice, all or any part of this Policy, or procedures or benefits discussed herein. Employees will be notified before implementation of any change. Although adherence to this Policy is considered a condition of continued employment, nothing in this Policy alters an employee's status and shall not constitute nor be deemed a contract or promise of employment. Employees remain free to resign their employment at any time for any or no reason, without notice. All employees hold their positions at the will and pleasure of the City and such positions may be terminated or otherwise adversely affected with or without cause, when in the opinion of the City Manager such action is in the best interest of the City. J. Procedures From time to time, the City Manager shall formulate administrative procedures to accompany the rules of this Policy. Such procedures shall apply to all City Departments. Such procedures shall be disseminated to all employees and shall be available for copying and inspection in the City Manager's Office. K. Effective Date This Drug-Free Workplace Policy is adopted August 6, 1991, by Order of the City Council. This Policy shall become effective immediately. -6- Administrative Procedures for Implementation of the "Drug-Free Workplace Policy" August 6, 1991 These procedures are designed to implement the "Drug-Free Workplace Policy" and facilitate its day-to-day administration. In the event of a conflict between the policy and procedures, the policy and not the procedure shall apply. A. General procedures for implementation of the "Drug-Free Workplace Policy" 1 . The Policy shall be administered to promote a safe, healthy and productive work environment. 2 . Supervisors who identify an employee possessing drug paraphernalia shall seek confirmation from the Southlake Department of Public Safety, Police Services Division, before taking any disciplinary action. B. Pre-employment Testing Procedures All persons considered eligible for positions with the City of Southlake shall be required to take a urine and blood test for detection of drugs as a part of the routine physical exam before they are placed on the payroll as employees . 1 . All job postings shall contain the following statement: a. "The City of Southlake is mandated by federal law to provide a drug-free working environment for the safety of its employees and the public. b. In order to provide a drug-free working environment, the City of Southlake will require each applicant for employment to take a blood test and to produce a urine sample to be tested for the presence of certain drugs. These tests will be required at a time when the applicant is seriously considered for employment. C. A refusal to take the test or produce the sample, or any attempt to tamper with the sample or the test or a positive sample indicating the presence of drugs will result in automatic disqualification from employment. " 2 . An applicant will execute a written consent form before he/she is sent to the medical facility for the physical examination and blood and urine test. 3 . The City will inform all applicants that an offer of employment is contingent upon the results of the physical examination and the blood and urine test. No person will be placed on payroll or otherwise allowed to report to work unless the test results have been received and are not positive for the presence of drugs above the allowable levels . 4 . If the test for drugs is positive, the City shall show the applicant the results of the test and inform the applicant that he/she is disqualified from employment with the City of Southlake. C. Accident Testing Procedures The immediate supervisor or department head may require any employee who has sustained an injury, who was involved in an accident, or who was involved in an unsafe act during Working Hours, to submit to a urine and or blood test for drugs and alcohol in the following situations : 1. When an accident or incident occurs where safety precautions were violated, unsafe instructions or orders were given, or unusually reckless acts were performed. 2 . When a supervisor believes that an employee was in the immediate vicinity of an accident or incident and may have caused or contributed to the accident or incident through an unsafe act. 3. Employees in the immediate vicinity of an accident or incident who may have caused or contributed to the accident or incident through an unsafe act may be required to submit to a urine and/or blood test for drugs and alcohol. Employees involved in or knowledgeable of any incident are required to inform their supervisors within two (2) hours after an on the job accident, injury or unsafe act occurs . If the supervisor is not present, the employee shall contact the next available supervisor in the chain of command. If no supervisor from the employee's division is available, the employee shall contact the City Manager' s Office. Failure to report an on-the-job injury, accident, or unsafe act involving a City employee to one's supervisor or an authorized substitute employee within two (2) hours of its occurrence may result in disciplinary action including termination. If the supervisor or department head determines that an immediate employee drug and alcohol test is necessary, the supervisor of a designated person shall- make arrangements to drive the employee or employees to the medical clinic for the urine and/or blood test. Under no circumstances should the employee be allowed to drive themselves to the medical clinic. If medical treatment is necessary, it should be obtained before the urine and/or blood test is given. If an employee is unconscious or seriously injured and will be taken to a hospital for treatment, a urine test may be given as a part of medical treatment. If blood is drawn -2- as a part of the medical treatment, a blood test will be given. Otherwise, a blood test will not be given after an accident or incident unless a Competent Authority has a reasonable suspicion that the employee involved in an accident or incident has violated the drug or alcohol rules of the City of Southlake. The supervisor or designated employee shall stay with the employee being tested and shall drive him/her back to the employee's home after the test. D. Reasonable Suspicion Testing Procedures All employees who are suspected of drug or alcohol abuse by a Competent Authority under the reasonable suspicion standard shall be required to provide a urine sample and/or possibly a blood sample to be tested for specified drugs and alcohol. 1 . Supervisors shall be trained by the City of Southlake to detect the use of alcohol or drugs by employees. 2 . A written report of specific, articualable facts will be required before a drug or alcohol test can be ordered based on reasonable suspicion. 3 . Supervisors shall document the exact reasons why they suspect that a certain employee has violated the drug or alcohol policy, including the symptoms exhibited by the employee, the actions of the employee, corroborating statements from other employees and other evidence which tends to establish a reasonable suspicion of drug or alcohol abuse. In the statement. conclusions such as "he looks stoned" or "she was drunk" should be avoided. Instead, supervisors should make every effort to document the specific facts about an employee' s behavior which could lead a reasonable person to the conclusion that the employee was abusing drugs and alcohol. The emphasis should be placed on how the behavior of the employee is affecting his/her job performance. 4 . Reasonable suspicion can be created by an accident. However, other evidence of reasonable suspicion should be present and documented before an employee is required to submit to a urine and/or blood test under the reasonable suspicion standard. 5 . An employee may be required to take a drug or alcohol urine and/or blood test if reasonable suspicion factors are present even though an employee sustains an injury due to the deliberate actions of another individual or the employee is bitten or attacked by an animal . 6 . When it is determined by a Competent Authority that a drug or alcohol test should be taken by a particular employee, the City Manager' s Office should be contacted to arrange the test with the medical facility. -3- 7 . The supervisor or a designated person shall drive the employee being tested to the medical clinic. Under no circumstances should the employee be allowed to drive themselves to the medical clinic. 8 . The supervisor or a designated person shall stay with the employee being tested and shall drive him/her home afterward. The City will allow the employee to make arrangements to deliver the employee' s personal vehicle to his/her home. The employee should not be allowed to drive themselves home after the drug or alcohol test is given. 9 . An employee tested for drugs and alcohol under the reasonable suspicion standard shall be suspended with pay until the City receives the results of the test. 10. All responsible supervisors shall prepare and file statements with the City Manager's Office describing the circumstances and conditions which warrant the required testing. E. Drug/Alcohol Testing Procedures 1 . All persons taking a drug/alcohol test shall sign a consent form provided by the City which shall contain the following information: a. A listing of all the drugs tested and the allowable limits for drugs and alcohol . b. A statement showing the consequences of a refusal to provide a urine or blood sample within two (2) hours after it is requested or any attempt to tamper with the urine or blood sample or the testing procedure. C. A statement explaining the possible disciplinary actions which can be taken. d. A statement explaining the procedures for contesting a positive test result. e. A statement signed by the employee indicating that he/she has read the drug and alcohol policy and understands it. f. A request for a listing of all of the prescriptions and over the counter drugs taken in the last twenty (20) days . 2 . The medical facility designated by the City shall obtain urine samples and/or blood samples using procedures mutually determined between the facility and the City. A copy of the testing procedures is available from the City Manager' s Office upon request. -4- It is the policy and intention of the City that any drug testing procedures employed preserve the dignity and privacy of the person being tested as much as possible. 3 . Both urine and blood tests will be handled by the medical facility or laboratory under chain-of-custody procedures which would be sufficient in a court of law. 4 . Urine and blood samples shall be processed by the laboratory using medically approved procedures mutually agreed upon between the City of Southlake and the testing laboratory. If the initial test is positive for the presence of drugs and alcohol at detectable levels, the laboratory shall automatically submit the same sample to an alternate analysis for confirmation. 5 . Positive test results shall be given by telephone from the laboratory to designated representatives of the City of Southlake. Both positive and negative test results shall be followed with an original written copy of the test results signed by the person in charge of the laboratory. These copies shall be sent to the designated representatives of the City of Southlake by mail . 6 . Employees shall be called to the office of the City Manager to receive all test results, whether positive or negative. F. Procedures to Insure Confidentiality The City shall use the following procedures to guarantee that records relating to the drug and alcohol testing process remain confidential . 1 . The City Manager and the City Manager's designee is the designated representative authorized to receive test results for the City of Southlake. 2 . No persons other than the designated representatives shall receive information on drug or alcohol test results unless required by law or in defense of the City. 3 . The City Manager's office shall retain written results of a drug and alcohol test in the tested employee' s personnel file. 4 . Test results and other written materials concerning a particular drug test shall not be kept in the general files of individual departments . G. Procedures for Education of the Workforce The City shall implement the following procedures to inform employees about the Drug-Free Workplace Policy. 1. The City shall inform all employees about the dangers of drug and alcohol abuse in the workplace and the City's -5- policy of maintaining a drug-free workplace. The Drug-Free Workplace Policy shall be explained and each employee will be given a copy of all related rules . The employees will also be informed of any available drug counseling, rehabilitation programs and employee assistance programs . In addition, employees will be told of the penalties that may be imposed for drug and alcohol abuse violations occurring in the workplace. After presentation of the Drug-Free Workplace Policy, each employee shall acknowledge receipt of the policy by a signed document. 2 . All supervisors shall attend a seminar given by the City of Southlake to learn to recognize the symptoms of chemical dependency and drug and alcohol abuse in the workplace. They will also be taught how to administer the drug and alcohol rules of the City and how to deal with drug and alcohol problems when they occur. H. Drug-Free Workplace Program Phase-in Procedures. 1. The Drug-Free Workplace Policy including drug and alcohol testing shall become effective immediately upon approval by the City Council. However, during the sixty (60) day period after the adoption of the Policy, employees are encouraged to seek assistance voluntarily for drug and alcohol problems. The sixty (60) day period is considered to be an amnesty period when employees can seek help for their drug or alcohol problems . No employee' s job will be jeopardized if he/she seeks assistance for substance abuse voluntarily before he/she is required to submit to a drug or alcohol test. Normal employee benefits such as sick leave and group medical plans may be available during the treatment process . Certain community based treatment programs may also be available outside the City of Southlake employment benefits . In order to obtain amnesty during the sixty (60) day phase-in period, the employee will be required to: a. Notify the immediate supervisor that he/she has an alcohol or drug problem, b. Seek professional assistance and enroll in a drug or alcohol treatment program, C. Accept and understand that if he/she does not correct the problem and maintain satisfactory job performance, he/she will be subject to discharge, d. Submit to drug and alcohol tests, both urine and/or blood tests, at the beginning of the treatment program, at periodic intervals during the treatment program and at the end of the treatment program. (Such drug and alcohol tests must show a declining -6- presence of drugs and alcohol as the treatment program is conducted) , e. Submit to an interview and physical examination by a Medical Review Officer to determine the employee's fitness for duty, (Such Medical Review Officer shall be a licensed physician appointed by the City) . In obtaining counseling for his/her chemical dependency problem, the employee will be protected from discipline if he/she continues to follow the requirements of this Section. However, this does not preclude the City's right to administer discipline, including termination for on-the-job conduct or other grounds, even though the circumstances may be related to the use of drugs and alcohol . The employee must also be fit for duty at all times when on the job. Information regarding an employee's personal problems will be kept in strict confidence, and information will only be released on a need-to-know basis unless required by law or in defense of the City. I. These "Administrative Procedures" may be amended by the City Manager as may be necessitated for clarification or proper administration of the affairs of the City. -7- City of Southlake ESTABLISHED LEVELS FOR DETECTION OF DRUGS AND ALCOHOL IN URINE AND BLOOD TESTS REQUIRED BY CITY, August 6, 1991 . The maximum allowable levels for drugs established by the City of Southlake are as follows : DRUG NAMES AND LIMITS OF DETECTION (IN NG/ml) DRUG OR DETECTION ASSAY METABOLITE LEVEL Amphetamine Methamphetamine 500 ng/ Barbiturate Secobarbital 100 ng/ Pentobarbital Butabarbital Phenobarbital Amobarbital Butalbital Talbutal Benzodiazepine Oxazepam (target 100 ng/ Metabolite) Chlordiazepoxide Diazepam N-Desmethyldiazpam Flurazepam Cannabinoid Cannabinoid 15 ng/ Metabolites found in urine after use of marijuana or hashish Cocaine Benzoylecgonine 150 ng/ Ecgonine Methadone Methadone 100 ng/ and metabolites Methaqualone 100 ng/ Opiate Morphine 300 ng/ Morphine glucuronide Codeine Major heroin metabolites Propoxyphene 100 ng/ Phencyclidine Phencyclidine(PCP) 25 ng/ Metabolites and Analogs Alcohol 20 nq/dl W r� KEEP AMERICA BEAUTIFUL, INC. MtllL1.V64fhAlA guy[�;TDrOADSTAreT/STAIUforID.CT06!w21(2Ki)32:�.9ma7 ANA11ONAL r4ar4rnorr P1_1nuCFr/1,rfArtoNrjn1:JN1MS TO A CLY.Al�F. CO Over 400 cities, towns and counties in 40 states are implementing the Keep America Beautiful System. Your community can join a growing number of KAB affiliates working to improve their local environment. here's how: S,te� 1: ComL>1 P..r.j,sn of $D�.Asp.1.i.�A�21L�4�r,_C�'t.1f�.C4.t.1,A�i Your local government or a sponsoring organization submits an (application to Keep America Beautiful, Inc, on behalf of your coinmuuity. I11cluded with the application is a letter from your highest ranking public official(s) endorsing the formation of your local KAB-program. ^tev 2; Payment of a One-Time Gertifi,caL on Fee A certification fee is paid to Keep America .Beautiful, .Ine. based on your community's population (see fee schedule) . This initial membership is a one-time fee and supports the development of your KAB System including: training your community representatives at a one-day Organizational Team Training Workshop, all training and informational materials to guide early program development, the field visit by a KAB National Representative to conduct the certification meeting and to guide and counsel your local leaders in developing the most effective program for ymir community, and includes your official KAB affiliation as part of the national network. Stec 3 ' Attendance at the Q_rgq ,nizationgl Team Training WorkalLo4 Three community representatives attend a one-day training workshop where team members learn how to adapt KAB's methods to your community (see attached) . They receive training on KAB's fact gathering techniques (the Photometric Index and Litter Solid Waate Survey). These fact gathering tools provide your community with a baseline measurement from which to evaluate and develop an action plan to work toward a cleaner. environment. The team is given step-by-step instruction from Egg's professional training staff and receives "how to" manuals and ether materials to help in the organization and development of your local program. All costs for complete training and materials are covered by the certification fee. To ensure a new affiliates success after the workshop, KAB provides support and monitoring to complete the tasks outlined at the training. Once your program is organized, a KAB National Representative travels to your community to conduct the certificaton meeting and training. But, it doesn't stop there. KAB sponsors training sessions and education conferences, develops educational materials, curriculum guides and information manuals. Importantly, KAB is a network of good ideas sharing succes" stories and program ideas on what's working in other KAB system programs ecrosa the country. Nor YCwd _ . !o i.�/ 00000000t000000000000 l Americans need problem through a litter/solid waste to know more rti analysis,to develop benchline mea- about managing _ '' surements for determining future their solid waste. success and to set priorities for That is the goal c ,'; �' T:,. organizational development and of Keep America community involvement. Beautiful,Inc.'s _:' Communities pay a certification principal program, fee based on population to cover the KAB SYSTEM. c training costs and an annual service ' - fee which helps KAB manage its national network of communities to maintain quality and growth.This is achieved through monitoring,coun- seling,and networking services such as a national awards program,pro- fessional development seminars, publications,information surveys and resource materials. To accelerate the expansion and After three years of research and to create a broadened sense of owner- field testing, Keep America Beauti- ship,the KAB SYSTEM is being ful,Inc.determined that solutions to - adopted for statewide implementa- y litter and promote recycling Y.K t's' f tion. Statewide programs require d ,aest when they are not imposed z.. the commitment of the governor from above,but rather organized at C; and legislature,and require a full- the grass-roots level.And in 1976, time paid coordinator to assist Keep the Keep America Beautiful System i America Beautiful, Inc. in training was launched. + a - ~" and field counseling SYSTEM The SYSTEM is a structured, communities. results-oriented program involving business,civic and neighborhood groups,the media,schools and government.Together,they analyze their problems and options,and accept responsibility for their environment. Recent physical measurements ; and cost/benefit studies show that ;-.. '� KAB provides training award-winning KAB communities to community leaders, are reducinglitter b an averse helping them analyze Y g # their problems to set � of 49%three years after affiliation, priorities for program while realizing an average of$9 in ,.t� development and benefits for every municipal dollar involvement invested in the program. Offering the program on a certi- fied basis,KAB provides training to A. w community leaders in developing r program.A professional staff ,es them to properly define the 1 . Tips For Preventing Litter in Your Town. WHY DO PEOPLE LITTER? Litter is misplaced, improperly handled solid waste. In a three-year research project, Keep America Beautiful, Inc. found that three attitudes predominate most people's thinking about handling waste. They feel it's O.K. to litter: • where they feel no sense of ownership for the property • where someone else will clean up after them • where litter has already accumulated WHERE DOES IT COME FROM? Although motorists and pedestrians are most often blamed for litter, Keep America Beautiful identified seven sources that contribute to the problem. They are: • commercial refuse sources, • uncovered vehicles including dumpsters • loading docks • household trash handling • motorists • construction/demolition sites • pedestrians From these sources, litter is carried in every direction by wind, water, and traffic. It moves until trapped by a curb, wall, fence, a row of trees, a building, or other stationary object. Once trapped, litter becomes not only an eyesore, but an invitation for people to add more. THE COST OF LITTER Litter is a costly problem. City, county, and state highway departments spend millions of dollars and many hours each year cleaning up litter—money and time that could be used for more needed services. In Texas, $20 million is spent annually to remove litter from roadsides. In Georgia, 500 workers attack the litter problem along state roads each day. Cleaner communities also have a better chance of attracting new businesses than those where litter is common. There are many things we can do to improve our waste handling practices and reduce litter. The tips on the back of this sheet describe a number of these activities. -1 x,%44 G R-3 < SVI - Keep America Beautiful,Inc.,is a national,non-profit public education organization dedicated 9 c to improving waste handling practices in American communities. Printed on recycled paper. 1iUT%!J R 12 WAYS THAT YOU CAN PREVENT LITTER There are many ways that you can help make your community cleaner. Here are 12 suggestions: • Set an example by not littering. • Pick up one piece of litter every day. • Teach your children the proper way to dispose of their trash. Show them the difference between a clean area and an area spoiled by litter and stress ways they can prevent litter. • Make sure that your trash cans have lids that can be securely attached. If you have curbside trash collection service, don't put out open containers or boxes filled with trash. • Carry a litterbag in your car. Ask local businesses to buy car litterbags and distribute them to customers. Encourage them to print their name and an environmental message on the bag. • Ask your neighbors to join you in cleaning up one public area where litter has accumulated. Ask your local Department of Public Works to become involved by collecting the bags of litter, or by waiving the disposal fee at the landfill or solid waste facility. • Start a litter receptacle fund drive to place more litter baskets around your community. • If you or a member of your family is involved in a civic group, scouting, or recreational sports program, encourage the group to become involved in a cleanup. In some communities,groups can earn cash by separating recyclable products from litter and redeeming them. Or have the group "adopt" a spot and maintain it on a regular basis. • Find out how you can plant and maintain flowers along a curb or sidewalk. People litter less where areas have been beautified. • Ask business owners to check their dumpsters every day to make sure tops and side doors are closed. If they have a loading dock, ask them to keep it clean and put out a receptacle for employees to use. • If you own a construction or hauling business, make sure your trucks are covered when transporting material to and from sites. Use snow fencing around construction or demolition sites to prevent debris from being blown to other areas. Put trash containers on every floor for construction workers. • Ask a local Chamber of Commerce or civic group to start an awards program that recognizes individuals, groups, and businesses for their litter prevention or beautification efforts. The most successful way to prevent littering in your community is to have an ongoing, organized program that involves local government, businesses, civic groups, the media, schools, and private citizens. Keep America Beautiful offers communities of every size such a program, the KAB SYSTEM. The SYSTEM trains local leaders and residents to respond to improper solid waste handling practices and to sustain a program's litter reduction.The SYSTEM was introduced by Keep America Beautiful in 1976 and is now in place in over 450 communities and 17 states nationwide.The SYSTEM has been shown to reduce litter by an average of 49%after a community has been an affiliate of KAB for three years, and by up to 88%. For information on the KAB-SYSTEM, write to: Keep America Beautiful, Inc., Training and Program Development, Mill River Plaza, 9 West Broad Street, Stamford, CT 06902. City of Southlake,Texas M E M O R A N D U M July 17, 1991 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 91-35 Zoning Change Request ----------------------------------------------------- REQUESTED ACTION: Zoning Change; 143.043 acres, B.J. Foster Survey, Abst. 519 and W.R. Eaves Survey, Abst.500 LOCATION: North of F.M. 1709, South of Cross Timber Hills, East of Randol Mill Avenue, and West of North Peytonville Avenue. OWNER/APPLICANT: Mary Stone Myers, Individual Fred Joyce - Mary Myers Enterprises, Inc. The Estate of Audrey L. Stone, Deceased, Kippy Myers, Independent Executor The Estate of A.C. Stone, Deceased, Mary Myers, Independent Executrix Don Myers, Kippy Myers and the Abbie Myers Trust, Mary Stone Myers, Trustee CURRENT ZONING: "AG", Agricultural REQUESTED ZONING: "P.U.D.", Residential Planned Unit Development LAND USE CATEGORY: Mixed Use (Commercial and/or Residential, No Industrial) , Low Density, and Medium Density NO. NOTICES SENT: Twenty-two (22) RESPONSES: Forty-three (43) total; eleven (11) within 200 ft. : one (1) in favor, Walter and Bonnie Kidd, Dallas and ten (10) opposed, listed below: * Scott J. and Anne E. Morrison, 210 Donley Court, Block 3, Lot 32, SouthRidge Lakes * Linda Norman, 1336 Meadow Glen, Block 5, Lot 15, Cross Timber Hills * Roger K. Bower, 1388 Lakeview, Block 5, Lot 29, Cross Timber Hills * John Gerken, 1386 Lakeview, Block 5, Lot 30, Cross Timber Hills * Deborah L. Farrier, 1336 Glen Cove, Block 5, Lot 2, Cross Timber Hills * Mr. and Mrs. Steven Baker, 1335 Meadow Glen, Block 5, Lot 14, Cross Timber Hills * Thomas Trawick, 2325 Johnson Road, Lot 4, Drake Estates * Robert Pollard, M.D. , North Peytonville Ave. , Abst. 519, Tracts 1B1, 1B2, 1B3 * Franklin Tolbert, 150 Randol Mill Avenue * Charles W. Free, 550 Randol Mill Avenue i �A- 1 City of Southlake,Texas i Curtis E. Hawk, City Manager July 17, 1991 Page Two P & Z ACTION: June 20, 1991; Approved (7-0) subject to the 06/14/91 Plan Review Summary and to the following reviews offered by the applicant: * No community service uses adjacent to Cross Timber Hills * Minimum lot size adjacent to Cross Timber Hills to be 20,000 sq. ft. * Minimum rear lot width to be 150 ft. adjacent to Cross Timber Hills * Minimum Floor Area to be 2,500 sq. ft. adjacent to Cross Timber Hills; 1,800 sq. ft. along Randol Mill Avenue, F.M. 1709, and North Peytonville Avenue; and 2,000 sq. ft. throughout the remainder of the development * Minimum rear yard shall be not less than 25 ft. except adjacent to Cross Timber Hills it shall be not less than 40 ft. * Open space shall not be less than 17 acres COUNCIL ACTION: July 2, 1991; Approved TABLING and continuing Public Hearing until July 16, 1991. Council expressed concerns regarding the lot sizes adjacent to Cross Timber Hills and Dr. Pollard's 10-acre site. July 16, 1991; Approved (7-0) , First Reading, Ordinance No. 480-52 as submitted at the meeting with the following revisions to the submitted "Development Regulations: * No. 6: Add that 50% of the lots shall have front yard setbacks exceeding 30 feet. * No. 10: Add that no more than 10% of the lots shall be less than 14,000 sq. ft. . * Add No. 12: Average lot size shall not be less than 15,000 sq. ft. . * Add No. 13: No lot smaller than 15,000 sq. ft. along N. Peytonville (North of a line across from Arvida's commercial property) and Randol Mill. * Add No. 14: Minimum 125' rear width along the low density area to the Northwest. KPG 7A -z. August Z 1991 MYERS MEADOW - Development Regulations The following development regulations shall be applicable within the boundary of this district: 1) Lot Size-All lots shall be subjected to a minimum lot size of thirteen thousand(13,000) square feet. Lots with a common property line with Cross Timber Hills shall have a minimum lot size of thirty thousand (30,000) square feet. The overall average lot size in the addition shall be not less than fifteen thousand (15,000) square feet. No more than ten percent (10%) of the lots shall contain less than fourteen thousand (14,000) square feet. Lots with a common property line with Randol Mill Road shall contain not less than fourteen thousand (14,000)square feet and no more than fifty percent (50%) of them shall contain less than fifteen thousand (15,000) square feet. Lots with a ' common property line with Peytonville Road north of the property zoned commercial in the Southridge Lakes addition shall contain not less than fourteen thousand (14,000) square feet and no more than fifty percent(50%)of them shall contain less than fifteen thousand (15,000) square feet. 2) Lot Width - All lots shall be subjected to a minimum lot width of eighty-five (85) feet with a typical lot width of one hundred (100) feet for the development. Lots with a common property line with Cross T' Hills shall have rty line dimension of no less than one hundred twenty fiv 1 feet along tha%1 -3, mmo roperty line. Lots with a common property line with Tr 1B1, 1B2 and J. Foster Survey shall have a property line dimension of no less than one hundred twenty five(125)feet along that common property line. Lots along the west side of the property with a common property line with land shown as low density residential on the City Master Land Use Plan shall have a property line dimension of no less than one hundred twenty five(125) feet along that common property line. Lot width shall be considered to be the mean horizontal distance between side lines measured at right angles to the depth. 3) Lot Depth -All lots shall be subjected to a minimum lot depth of one hundred twenty (120) feet with a typical lot depth of one hundred forty (140)feet for the development. 4) Minimum Floor Area- All residential dwellings on lots adjacent to Cross Timber Hills are restricted to a minimum floor area of two thousand five hundred (2,500) square feet. All other residential dwellings are restricted to a minimum floor area of two thousand (2,000) square feet. 5) Height - No building shall exceed two and one h (2-1r1) stories, nor shall it exceed thirty five (35) feet. 6) Front Yard - There shall be a front yard of not less than thirty (30) feet. The front yard shall exceed thirty (30) feet on a minimum of fifty percent (50%) of the lots. 7) Rear Yard - There shall be a rear yard of not less than twenty five (25) feet. All lots adjacent to Cross Timber Hills shall have a rear yard of not less than forty (40) feet. 8) Side Yard - There shall be a side yard of not less than ten (10) feet. 9) Side Yard Adjacent to a Street-A side yard adjacent to a street shall not be less than twenty (20) feet. 10) Maximum Residential Density-The maximum number of allowed residential dwelling units shall be 1.90 units per gross acre or a total of 272 units. 11) Reverse Frontage Lot - A side yard on a reverse frontage lot shall not be less than twenty-five (25) feet. U-3 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-52 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 143 . 043 ACRE TRACT OF LAND OUT OF THE B.J. FOSTER SURVEY, ABSTRACT NO. 519 AND THE W.R. EAVES SURVEY, ABSTRACT NO. 500, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM 11AG" AGRICULTURAL ZONING DISTRICT TO "P.U.D. " RESIDENTIAL PLANNED UNIT DEVELOPMENT 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 TH OFFICIAL NEWSPAPER; AND PROVIDING AN EFFEC E DATE. WH , e City of Southlake, Texas is a homerule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 1A1/ 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 and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population; and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the City of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: -2- _ Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989 , as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a * acre tract of land out of the B.J. Foster Survey, Abstract No. 500, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural District to "P.U.D. " Residential Planned Unit Development District. Section 2 . That the City Manager is hereby directed to correct the Official Zoning Map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas . All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. 74V/0 -3- Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ( $2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8 . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted 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 form 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 1991. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1991 . MAYOR ATTEST: /y CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: ��5- City of Southlake, Texas I M E M O R A N D U M I July 19, 1991 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 91-38 Zoning Change Request ----------------------------------------------------------------- REQUESTED ACTION: Zoning Change Request; 10.212 acres, J.J. Freshour Survey, Abst. 521, southern portion of Tract 8A1 LOCATION: Approximately 800 ft. West of the intersection of Randol Mill Avenue and Johnson Road on the north side of Johnson Road OWNER/APPLICANT: Herbert and Laura Sword CURRENT ZONING: "AG", Agricultural REQUESTED ZONING: "CS", Community Service LAND USE CATEGORY: Low/Medium Density Residential BACKGROUND INFO: This action was initiated by the City of Southlake as part of a land acquisition process. The property will be traded for the seven (7) acres South of Bicentennial Park which is currently owned by the Fort Worth Diocese NO. NOTICES SENT: Sixteen (16) RESPONSES: Three (3) written responses. Two (2) opposed: Ada Ogden Frank, 1711 Briar Meadow Drive, Arlington, stated that "all land should be zoned Single Family 1-A. Any other zoning will devaluate entire area" and Rose Lai, 2401 Hillside. One (1) conditionally in favor: Richard J. Kern, 2307 Hillside Court, stated that he approves as long as a church is built on site, but no athletic fields. Several persons addressed the Commission: four (4) in favor of church, but no park or athletic use: M.L. Milton, 2530 Johnson Rd. ; W.N. Purvis, 275 Timberline Ln.; Ed Kiminski, 270 Timberline Ln. ; and Robert L. Gardner, 225 Timberline Ln. (exceeds 200 ft. ) ; one (1) opposed to all "CS" uses: Joann Hookstratten, 2560 Johnson Rd. P & Z ACTION: July 18, 1991; Approved (5-0) STAFF COMMENTS: The church does not have a concept plan at this time and asks that this requirement be postponed until they are ready to build. The first phase of their construction will include a building approximately 15,000 sq. ft. KPG CITY OF SOL'LffiaKE APPLICATION FOR A.M0D = TO ZONING NAP Application No. ZA 11-38 To be filed with the City Secretary at City Hall, 667 N. Carroll Avenue, Southlake, Texas. At the time of filing, the City Secretary will infozm you of the public hearing dates for both Planning and Zoning and City Council. You must be represented at both of the public hearings. There is a $100.00 fee for zoning; it must acccmpany this application. NAME OF APPLICANT: ADDRESS: HERBERT & LAIM SWORD ')Adn TnunS= RD. 4C1T1Tf�T.�T(F � rrv76092 DESCRIPTION (a1E'1'ES ACID BOLAS) OF PROPERTY REQUESTED TO BE REZONED: SEE ATTACHED EXHIBIT ZCNLN. G REQLEST: FRO I: AGRICULTURE T0: CCMMUNITY SERVICE - This application must be accompanied by a list of the names and addresses of the owners of all properties within 200' of any part of the property to be rezoned. A plat sap of the property showing the area requested for rezoning is to be attached to this application. n -� DATE SlGXATGRE OF PERSON FMING WST BE OWNER OF THE PROPERTY Before me, a Notary Public, on this day personally appeared HFRRFRT v_ Swnun AND LAURA M. SWORD known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to be that he or she executed the sarre for the purposes and consideration therein expressed. Given under my hand and seal of office this 19th day of ,TUNE 19 91 ARY IC IN AND R TEXAS I' My Ccrrmission expires the 19th day of MAY 19 93 $A-2 Description Proposed Zoning Change From Ag. to CS 10. 212 acres of land situated in the J .J . Freshour Survey , Abstract 521 , Tarrant County, Texas, said 10. 212 acres of land being a portion of that certain tract of land conveyed to Herbert Sword and wife Laura Sword as recorded in Volume 2759, Page 241 , TCDR, said 10. 212 acres of land being more particularly described by metes and bounds as follows : Beginning at a Bois D' arc stake at the southwest corner of said Sword Tract, said stake being by previous deed call 631 .0 feet West and 15 .0 feet North of the Southeast corner of said Freshour Survey, said stake also being in the present north ROW line of Johnson Road (County Road No. 4091 ) ; Thence N 000 02' 23" E 735 .00 feet along the west line of said Sword Tract to a 1/2 inch iron rod set for corner; Thence S 890 38 ' 00" E 605 . 59 feet to the northeast corner of this tract; Thence S 000 01 ' 08" E 733.29 feet along the east line of said Sword Tract to a 1/2 inch iron rod once again in the aforementioned north ROW line of Johnson Road, the southeast corner of said Sword Tract; Thence N 89° 47 ' 42" W 606 . 33 feet along said north ROW line to the P.O.B. and containing 10. 212 acres of land . gA -3 rIc :icTP 7- ISAC T _ - 60 _.Z A._ es 6A2A I TRACT LOCATIONOL IAML AL w Q R A ,- .�. WA L a E R 6e SURVEY ABST N4 1369 '—�—r - SURVEY ABST N2160♦ r----T- g i WA 1 WA IWA YAM 4MA116 A2A 567A- 1�• _ �Zs 2c .2 ;2D 2E — - 6°6 682LwAw III I 1 MW2f J Rf ---6 ES 'fOlt� I - ceA _ I ��� . � L_ 1" '�^�`�— 1� 6t ce9 - se12 wu SURVEY ABY E IF i 3F3 II: i 3. 3D1 3D; 3A 31 3£, m I .y 9 9 9 194 '%A A r- -� 'D A 3F! rI� ' ' I I 3 1.— —!AI I 13 W Ac tl _ 3F5 FIM �j 3 M .3F Ie is o 3 - I 2c _ I, 3 IS I: aAc �. SA,, , IEI i DI i t 3`7 A. I pp I ice- I •!D6 .i_ 9e1 i G ac ~ 3r1 F 1 , 2 1 34 J 3CI I L 1E it SIC ice rx j L -t r 3 ��Flf' a>avla suRvEr ABST N!51l I aA e F ` I�MZA SA29 _ a• 4M aGlr� '�-•.-�r �� 7 17e' 7A I \6A k i0 i 2e4c 9 2� 1;rAc 2 t AL #f - ♦� 1 19Ac 3346AL 92Ac FF AL; CIS i• i /► e. 1 7c1i JOHNSON ,, z �?Zj zz z xz z zie , 1i 1c 1 IE12 C c CCccCCC I S 7 17 0 2 3 ! q 31 32 11• i I ,J -�• �-- �j , ,` L two _ 1 I i_ 20 .� 63Ac °A,-j 12.SAC. .E 2E S \� I it I y� t ' 120= ' 9s�r-. , r f IA f Supt AS NQ -I t 1 •�(. , 1 i 20 Ac 1/ y o 3 I 1 I S A ST. at 4 ! Sc T ac s SAI it 'M A G K I I 97 •w 1 ; tR 3c, A 29 Ac OE i -- - I 1eA,9 R9 cl 2 1 Ac N HILLSIDE CT ( — j quart, Eiland, nningham Lai, Kern, HILLSIDE CT Vole W John Robert Rr e N Rirhar i •f 8 7 6 5 4 3 SF2 I 2 Off ES 2 �9 SF1 SF1 sn SF1 SF1 vis L ie A LS , TR 103 TR 3C Jackie HI 2 •c 68 Ac I TR.BA2A �\ 06 Ac �cp A i SH�U u FAE Y J J 5PP521 m TR.60 TR.BA28 TR.BA TR 8 2.9 AC 7.3 Ac 2.7 Ac m 11.1 AC Ogden, Ogden, W H Johnson, Darrell W H AG AG AG TR.BA1 19 Ac Johnson, Milton, D E Leon M AG TR.6C TR.6 i AG 1 AC 1.67 AC n TR.60 AG AG 2.9 TR.8A2C N 2 Ac TR.BA3 TR.80 m 1.1 AC TR.881 R.88 2.2 Ac 2 .88 Ac 79 Ac r Hookscr< ten, Joanna — — TR. TR.6 SF1 SF1 Purvis, Willis V 1 (:.vrq)bf'i 1, Rea, I 11 too 10A SF1 E E Dplbr t inski, 3 Leon •' 1 2 3 • d m Wiseman, Bi�l% Dan SF1 1 9 SFI SF1 d A. TR.2C32 N U 2.39 AC 9 Ac �. I Z I4 r I � 5 S TR 4 B 1.0 A 2 134 ® NE 5 __ 6 1�� O 6A 68 TR 2 7 u B 1.475 1 p I 9 ' TR 2c 7 7 I 2.136 2 0 3 I T1 1A 3 a A I , � � I Ac l 2 ADJACENT OWNERS & ZONING sRyr 2 �Iry i TP 20 d w _5 I / XI /- 13 S20 lVl H o 3=#_sl 1.1�# •1 •ti iji 13�.i• �t.il� -ji si!s ij{; =fie ��, Fit le pi� o -pat ;' _ (411W Jdie ;#i •'�% e Is 2:5 mom, 7.26kmjm% \ il•' ' � I I i ; \ —ter—� 1 }�'•� ! 3:- � 4 / / N 4 CI SOUTHLAKE, TEXAS ORDINANCE NO. 480-54 AN RDINANCE AMENDING ORDINANCE NO. 480, AS NDED, THE COMPREHENSIVE ZONING ORDINANCE OF HE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 10.212 ACRE TRACT OF LAND OUT OF THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 521, THE SOUTHERN PORTION OF TRACT 8A1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "CS" COMMUNITY SERVICE ZONING 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. WHEREA he City of Southl exas is a homerule City acting under its opted by the electorate pursuant to Article XI , Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 (6w and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise 2'A-1 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 and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population; and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time. their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the City of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: -2- Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989 , as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 10 .212 acre tract of land out of the J.J. Freshour Survey, Abstract No. 521, the southern portion of Tract 8A1, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "CS" Community Service Zoning District. Section 2 . That the City Manager is hereby directed to correct the Official Zoning Map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas . All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. &/PW -3- T Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ( $2,000 . 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8 . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted 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 form 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 1991 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1991 . MAYOR ATTEST: CITY SECRETARY -4- APPROVED AS TO FORM AND LEGALITY: r CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: -5- City of Southlake,Texas M E M O R A N D U M July 19, 1991 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 91-39 Zoning Change Request ---------------------------------------------------------------------- REQUESTED ACTION: Zoning Change Request; 8.513 acres, J.J. Freshour Survey, Abst. 521, northern portion of Tract 8A1 LOCATION: Approximately 800 ft. West of the intersection of Randol Mill Avenue and Johnson Road on the north side of Johnson Road. This portion is adjacent to Hillside Estates. OWNER/APPLICANT: Herbert and Laura Sword CURRENT ZONING: "AG", Agricultural REQUESTED ZONING: "SF-lA", Single Family-lA Residential LAND USE CATEGORY: Low/Medium Density Residential NO. NOTICES SENT: Sixteen (16) RESPONSES: Three (3) in favor: Ada Ogden Frank, 1711 Briar Meadow Drive, Arlington; Rose Lai, 2401 Hillside Ct. ; and Richard, 2307 Hillside Ct. During the Commission's public hearing, no speaker was opposed to the "SF-lA" request. Ph�ii& Z ACTION: July 18, 1991; Approved (5-0) /�lll KPG � B- I C ITY OF SOUTHL iKE APPLICATION FOR AMEGI NT TO ZONING MAP Application No. ZA q 1-31 To be filed with the City Secretary at City Hall, 667 N. Carroll Avenue, Southlake, Texas. At the time of filing, the City Secretary will inform you of the public hearing dates for both Planning and Zoning and City Council. You must be represented at both of the public hearings. There is a $100.00 fee for zoning; it mist accompany this application. NAME OF APPLICANT: ADDRESS: HERBERT & LAURA SWORD 2440 JOHNSON RD. 50UTHLAIE, TX 76092 DESCRIPTION (aIF'IES XND HODS) OF PROPERTY REQL'E= TO BE REZONED: SEE ATTACHED ZONLG RDQL=: FROM: AGRICULTURE TO: SINGLE FAMILY - lA ,. This application must be accompanied by a list of the names and addresses of the owners of all properties within 200' of any part of the property to be rezoned. A plat map of the property showing the area requested for rezoning is to be attached to this application. _ /� 6-1 — "e- 'V reel� DATE SIGxATURE OF PMISON FILING �IC:ST BE OWNER OF THE PROPERTY Before me, a Notary Public, on this day personally appeared HERBERT V. SWORD AND LAURA M. SWORD known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to be that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 19th day of JUNE , 19 91 1 ' ti :- :CRY 'LIC Lr :�,iv'DFM TEXAS My Cccmission expires the 19th day of MAY 1993 96-2 Description Proposed Zoning Change From Ag . to SF-lA 8.513 acres of land situated in the J .J . Freshour Survey, Abstract 521 , Tarrant County, Texas, said 8. 513 acres of land being a portion of that certain tract of land conveyed to Herbert Sword and wife Laura Sword as recorded in Volume 2759, Page 241 , TCDR, said 8.513 acres of land being more particularly described by metes and bounds as follows : Commencing at a Bois D' arc stake at the southwest corner of said Sword Tract, said stake being by previous deed call 631 .0 feet West and 15 .0 feet North of the Southeast corner of said Freshour Survey, said stake also being in the present north ROW line of Johnson Road (County Road No. 4091 ) ; Thence N- 000 02' 23" E 735. 00 feet along the west line of said Sword Tract to a 1/2 inch iron rod set at the P.O.B. of the tract herein to be described ; Thence continuing N 00° 02' 23" E 608 . 67 feet along the west line of said Sword Tract to an iron rod found at the northwest corner of said Sword Tract in the south line of Hillside Estates, an addition to the city of Southlake, Texas as recorded in Volume 388/181 , Page 6, TCDR; Thence N 89° 36 ' 32" E 604.96 feet to a 1/2 inch iron rod found at the northeast corner of said Sword Tract; Thence S 00° 011, 08" E 616 .67 feet along the east line of said Sword Tract to the southeast corner of this tract; Thence N 89° 38 ' 00" W 605 .59 feet to the P.O.B. and containing 8. 513 acres of land. 88-3 o i=• if�i� F� :Er � s s e 'illy •ilk �:?Ei== c! _ f f• oqf QQlt� i� — :si - !s : ` • 21 1 I 16-4 y- E Description Proposed Zoning Change From Ag. to SF-lA 8.513 acres of land situated in the J .J . Freshour Survey, Abstract 521 , Tarrant County, Texas, said 8. 513 acres of land being a portion of that certain tract of land conveyed to Herbert Sword and wife Laura Sword as recorded in Volume 2759, Page 241 , TCDR, said 8.513 acres of land being more particularly described by metes and bounds as follows: Commencing at a Bois D' arc stake at the southwest corner of said Sword Tract, said stake being by previous deed call 631 .0 feet West and 15 .0 feet North of the Southeast corner of said Freshour Survey, said stake also being in the present north ROW line of Johnson Road (County Road No. 4091 ) ; Thence N 000 02' 23" E 735.00 feet along the west line of said Sword Tract to a 1/2 inch iron rod set at the P.O.B. of the tract herein to be described ; Thence continuing N 00° 02 ' 23" E 608.67 feet along the west line of said Sword Tract to an iron rod found at the northwest corner of said Sword Tract in the south line of Hillside Estates, an addition to the city of Southlake, Texas as recorded in Volume 388/181, Page 6, TCDR; Thence N 890 36 ' 32" E 604.96 feet to a 1/2 inch iron rod found at the northeast corner of said Sword Tract; Thence S 00° 01 ' 08" E 616 .67 feet along the east line of said Sword Tract to the southeast corner of this tract; Thence N 890 38 ' 00" W 605 .59 feet to the P.O.B. and containing 8. 513 acres of land. $g-5 CITY OF SOUTHLAKEO� ORDINANCE NO. 480-55 AN ORDINA E AMENDING ORDINANCE NO. 480,,.­- AMENDED, TH COMPREHENSIVE ZONING ORDINA E THE CITY OF UTHLAKE, TEXAS; GRANTING ZONIN CHANGE ON A RTAIN TRACT OR TRACT OF LAND WITHIN THE CI OF SOUTHLAKE, TEXAS BEING j APPROXIMATELY AN .513 ACRE TRA OF LAND OUT OF THE J.J. FRESHO SURVEY, TRACT NO. 521, THE NORTHERN PORTI0 OF TRA 8A1, AND MORE FULLY AND COMPLETELY SC ED IN EXHIBIT "A" FROM "AG" AGRICULTURA TO "SF-1A" SINGLE FAMILY-lA DISTRICT S CT TO THE SPECIFIC REQUIREMENTS CONTAIN THIS ORDINANCE; CORRECTING THE OFFI AL ZON G MAP; PRESERVING ALL OTHER PORTIO OF THE ONING ORDINANCE; DETERMINING THA THE PUBLIC TEREST, MORALS AND GENERAL W FARE DEMAND THE NING CHANGES AND AMENDMENT HEREIN MADE; PROVID THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCE$, PROVIDING A SEVERABILITY LAUSE; PROVIDE FOR A PENALTY FOR VIOLATIONS EOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FO PUBL,kATION IN THE OFFICIAL NEWSPAPER; D PROVIDING AN EFFECTIVE DATE. WHEREAS, the Ci Southlake, as is a homerule City acting ;under its Charter a op y the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 ?&-4. 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 and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population; and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the . tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the City of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: -2- Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately an 8 .513 acre tract of land out of the J.J. Freshour Survey, Abstract No. 521, the northern portion of Tract 8A1, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "SF-lA" Single Family-lA District. Section 2 . That the City Manager is hereby directed to correct the Official Zoning Map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas . All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. IF17-S' -3- Section 7 . Any person, firm or corporation who violates, • disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ( $2,000 . 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8 . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted 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 form 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 1991 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1991 . MAYOR ATTEST: CITY SECRETARY 0�7 -4- r APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: City of Southlake,Texas � I M E M O R A N D U M July 19, 1991 TO: Curtis E. Hawk, City Manager i FROM: Karen P. Gandy, Zoning Administrator i SUBJECT: ZA 91-40 Preliminary Plat ------------------------------------------------------------------------------ REQUESTED ACTION: Preliminary Plat of Father Joe Addition, 18.726 acres, J.J. Freshour Survey, Abst. 521, Tract 8A1 LOCATION: North side of Johnson Road approximately 800 ft. West of the intersection of Johnson Road and Randol Mill Avenue OWNER/APPLICANT: Herbert and Laura Sword CURRENT ZONING: "AG", Agricultural REQUESTED ZONING: "CS", Community Service (Lot 1) ; "SF-lA", Single Family-lA (Lot 2) NO. NOTICES SENT: Sixteen (16) RESPONSES: One (1) in favor: Ada Ogden Frank, 1711 Briar Meadow Drive, Arlington, as long as no lots are smaller than 1/2 acre. She stated that she does not approve of the name, "Father Joe Addition". P & Z ACTION: July 18, 1991; Approved (5-0) subject to the July 12, 1991 Plat Review Summary STAFF COMMENTS: Attached please find the Second Plat Review Summary dated July 31, 1991. KPG Yc- I CITY OF 90UTHLAxE 03/15/91 PRELIm:NARY PLAT APPLICATION TITLE OF PLAT: �gher �S, Ad -hon -'IBNITTAL DEADLINE= /1�1z�-�CI TOTAL LOTS= Z TOTAL ACRES 2- �� yl APPLICANT T OWNER if different NAME_ v test t i n� F�UTGZ 4c,t7 rd ADDRESS: � J i �a;Z�s�r,t . ��� �� Z44-C3 lcahns� Rd- 11r 7 PHONs= �I?-yd'�-.s—/!33 t'] 3 l • Z "L S I hereby certify that this plat is in conformance with the requirements of Subdivision Ordinance No. 483 and No. 227, Drainage Ordinance No. 482, and the toning Ordinance No. 4800 amsndmgnts and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further understand that it is necessary to be present at the applicable Planning and Zoning Commission and City Council meetings to represent the enclosed request- and address any unresolved fssues. t1 Signed= s Date: for City Use Onlys i hereby acknowledge receipt of the preliminary plat application and the application fee in the amount of $ „� on this the day of , 19 Signeds Title: w�e�#«###R###!!!#R*!!##�►1►#!!R!t#!r#sR##+t#r!####x*!w#!f##*! ►#w##�s+rr#lfrl�rR#�ff�ir*.fR*#tie following checklist is a pattial summary of platting requirements required by the City of Southlake. The _applicant should further refer to Subdivision Ordinance No. 483 No. 217, Drainage Ordinance No. 482 and the toning Ordinance No. 480, amendments, and other ordinances, maps and codes available at the City Hall that may pertain to this plat submittal. Shown Not GENERAL INIORMATION On Plan Applic. Acceptable scale: 1110 501, 1"a 1001, 1"■ 2001 North arrow, graphic 8 written scale in close proximity Vicinity May Appropriate title, i.e. "A Preliminary Plat of. . ." Title includes City, County, State and survey name and abstract Title includes total gross acreage and date of preparation Name Q Address of record owner A subdivider (if different) Name, address and phone of Engineer/Surveyor/Planner Standard approval block provided ADJACENT PROPERTY (within 2001 ) Unplatted property: name of record owner and corresponding deed record volume and page for all adjacent unplatted tracts within 200 feet, to include owners across any adjacent R.O.W. / Platted property= Show as dashed the lot lines, lot a block numbers, street names, subdivision name & plat record vol. A page Locate City Limit or E.T.J. Lines " - + ' _ City of Southlake,Texas i i PLAT REVIEW SUMMARY CASE NO: ZA 91-40 REVIEW NO: ONE DATE OF REVIEW: 07/12/91 I PROJECT NAME: Preliminary Plat - Father Joe Addition OWNER/APPLICANT: ENG/SURVEYOR: Herbert & Laura Sword Landes & Associates, Inc. 2440 Johnson Road 1107 E. First Street Southlake, Texas 76092 Fort Worth, Texas 76102 Phone: Phone: ( 817 ) 870-1220 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/24/91 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1. Label existing buildings as to whether or not they are to remain or be removed. 2 . Please show a 10 ' U.E. over the existing electric line which serves the lot to the west or provide a letter from the electric companies stating that they do not see the need for this easement. 3 . Change the 7 .5 ' U.E. label along the common lot line to show a 15 ' total width. * The applicant should be aware that any revisions made prior to City Council must be received at the City by July 221 1991 . * Denotes Informational Comment cc: Herbert & Laura Sword Landes and Associates, Inc. i a Etsy!a t�lts �� � tir '!t 10y:1 ;'lye s ii:r�i !sties i_ i•}- F'y' - } ail ;h sir} i s:dti i7s 'sty iiall! .ri si;?c:. l:il:i !sit eJ Y Is J \ {{ � j ! ��j� �� Y f1� �•.Oe�••t•+s r�r ado��a»�i � / 1 < ik •,t� +� ! j ; i—� �,�,`s►t¢ /'=!f sib / I 1+ �•in � � �r s�/ � � SJ i •t �It1� i if 1-7 \ E i 4 i i t w w•ww w.� 1 � � J. j�� City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 91-40 REVIEW NO: TWO DATE OF REVIEW: 07/31/91 PROJECT NAME: Preliminary Plat - Father Joe Addition OWNER/APPLICANT: ENG/SURVEYOR: Herbert & Laura Sword Landes & Associates, Inc. 2440 Johnson Road 1107 E. First Street Southlake, Texas 76092 Fort Worth, Texas 76102 Phone: Phone: (817) 870-1220 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/30/91 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . * The plat as submitted meets all the requirements of our previous review. * The applicant has added a lot 3 since the original submittal. * Denotes Informational Comment cc: Herbert & Laura Sword Landes and Associates, Inc. fc -5 a cl all a SNI i:1' sz- A; T 1 1 /Ati••�w~Y.w�.•.11 mom IN IX i wwwr••a...�l � wwr•r. � O�i ��1 _ 1 City of Southlake,Texas M E M O R A N D U M July 19, 1991 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 91-41 Final Plat ------------------------------------------------------------------------------ REQUESTED ACTION: Final Plat, Block 1, Lot 1, Father Joe Addition, 9.166 acres, J.J. Freshour Survey, Abst. 521, being the southern portion of Tract 8A1 LOCATION: North side of Johnson Road approximately 800 ft. West of the intersection of Johnson Road and Randol Mill Avenue OWNER/APPLICANT: Herbert and Laura Sword CURRENT ZONING: "AG", Agricultural REQUESTED ZONING: "CS", Community Service NO. NOTICES SENT: None Required P & Z ACTION: July 18, 1991; Approved (5-0) subject to Plat Review Summary dated July 12, 1991 STAFF COMMENTS: Attached please find the Second Plat Review Summary dated July 31, 1991. I I KPG I i i i t $D-I —TUN — 1 — 9 1 1 MU 7 r CITY OF SOVTHLAu 03/iS/91 FINAL PLAT/PLAT SHOSiIN(G/AMENDED PLAT APPLICATIOP IrM.P. OF PLAT .. _afher Joe- Add i-i on SMITTAL DERDLINS @ (n TOTAL LOTS: �� TOTAL A(:Rf.C: Q• k 11-111 oWN= (Li ALtteranii NAM �. E• EKs '��),, 4Prh,__r4 4t Loota Sword ADDRESS: .,CSC i �C�;lt.$ 00Y." leg 244o Johnson mil. so�•tILIa K� Tcxcs 6 o l L ooW jQKe , Tx• 7&092 PHONE: r l 0/ / 7 f / ,vJ/ 817/ V.31 - 2_Z J S x UWrWLW =nXLLfY LUAL this ylat L• Lu CwurvtwsaAce MLtb the ieg1A3.rsws0%M o! subdivision Ordinance No. 463 sad No. 217, Drainage Ordinance no. 482, 04 the toning ordinance Mo. 480, amendments, and *that ordLaaaoos, maps and codas of the city of O.Mufthla%m tibw• rW4&^Ln ti+ sas.jm a /r.rihWw •har Lt L1 s►aaafwaar t.s 1y Vaoseae.at tbo srpiieata_le iflsaersiP.9 and loniluj nn anA V4 ty Council meetings to represont "the #,"CIO MA rwgnwst and address any unresolved issues. Sig"d: Date: www•�r�rrww.. wwarr•ra wwawwrwrrwra aw wan wwrrrwrwrarww wwwrwwrrraa rwaaaww.aaraaaaawaaaar.rarrw• For City Us* Only: - ♦ MUL 4Lr ��,►a.vw1v�tyV «t.vi�Ib V� Ww Ll..wl yia� �rj+i t..�rir•• a...i �t.r. ..rs.i l�..t i.r.. fee in-the amount of ._ ;on this the -day of , 19 • •igneds Title: r�#��s###r�#!##lasraR#�iiflflfallfffR##f#leffR#fRf##sr#R###RR#RRRRRRR�fRRRRRRR#*#RfR#!*RRf orha fellawLag .haa%eliet Le -a :pi:atal eu,mary *f pialnlln* voquiromonte required by the Ltd. of souuhlafcs. The applieant should furthor rofer to c,%%Ai.viwio,% ordinancn' Me. 423 217, Drainage Ordinaries No. 482 and tho toning ordinances No. W, amendments, and other ordinances, maps and codes available at. the City Hall that may pertain to this plat submittal. Shown Not ¢F.NEM iNrORMATION on ,Plan Applio. Permissible scale: 10= 501, 1"s 100' (Prefer 1"-100' ) Chest vise sha11 be 24" Y 34" North arrow, graphic i written scale in close proximity Vicinity Map Appropriate title, i.e. "Final Plat", "Plat Showing", "Amended Plat" Title includes Subdivision name, City, County, State and Survey and Abstract Title includes total gross acreage, number of lots and date of preparation Name is address of record owner i subdivider (if different) Name, address and phone of Surveyor Standard approval block provided Proper format for owner's dedication and notary (Appendix) Proper surveying certification statement (Appendix) Courthouse filing record note provided - ?J Ar,;1 "4'" 4.j O D-2 >: '+ fir iY ?'. .. v i=. •rfajig, r-=. k nyoroouunaKe, iexas PLAT REVIEW SUMMARY CASE NO: ZA 91-41 REVIEW NO: ONE DATE OF REVIEW: 07/12/91 PROJECT NAME: Final Plat - Father Joe Addition, Lot 1, Block 1 OWNER/APPLICANT: ENG/SURVEYOR: Herbert & Laura Sword Landes & Associates, Inc. 2440 Johnson Road 1107 E. First Street Southlake, Texas 76092 Fort Worth, Texas 76102 Phone: Phone: (817) 870-1220 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/24/91 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1. Delete the reference to Colleyville in the second note. * Original signatures will be required on each of the blackline mylars prior to filing the plat. * The applicant should be aware that any revisions made prior to City Council must be received at the City by July 22 , 1991. * Denotes Informational Comment cc: Herbert & Laura Sword Landes and Associates, Inc. 8�3 City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 91-41 REVIEW NO: TWO DATE OF REVIEW: 07/31/91 PROJECT NAME: Final Plat - Father Joe Addition, Lot 1, Block 1 OWNER/APPLICANT: ENG/SURVEYOR: Herbert & Laura Sword Landes & Associates, Inc. 2440 Johnson Road 1107 E. First Street Southlake, Texas 76092 Fort Worth, Texas 76102 Phone: Phone: (817) 870-1220 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/30/91 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744. * The plat as submitted meets all the requirements of our previous review. * Original signatures will be required on each of the blackline mylars prior to filing the plat. * Denotes Informational Comment cc: Herbert & Laura Sword Landes and Associates, Inc. YD 4 is ri ; 1111 it ; j:s its; jsi s=is i si;: s it si = s:= -f:; ! f .i• I .sit i ; I; i i 1 N i at- i s iiij =!' _� ski __{ '€ ; s j: f s �jt j _ i:! • ss i is +i + ii + i its �j3° • : 'fD; j{i>< s ; •ts s; 1 e'i i F�j; =•+ i=£ s�=�Etrsie : sa-i , s ' :>!"i I'i:i � i±: i s FsF I•� = s � i�ss;; + i i a p �� •{i sri•.����?`z_�+:ei_ 1z II i:i` • I . ` 1; :sill si:i is i s.: s::: j�i i3s: 1 r_' s: � t� i i f— s i r Hill -Slit IF • -i:isi) L---�3 ���` ` ,•tea : � � �� '•�- I' ' ;i i r>• s i I i i 8 Q,5 •Yt t ORDINANCE NO. 540 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 199111; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF PRIVATE PLACEMENT MEMORANDUM PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of the City Council's intentio to issue certificates of obligation in the maximum principal amount of $200,000 for the purpose of paying contractual obligations to be incurred for (i) the acquisition of land for municipal purposes and/or administrative facilities and (ii) professional services, has been duly published in Fort Worth Star-Telegram, on August 1, 1991, and , 1991, the date of the first publication of such notice being not less than fifteen ( 15) days prior to August 20, 1991, the date stated therein for the second reading and final passage of this Ordinance; and WHEREAS, no petition, bearing the valid petition signatures of 5% or more of the qualified electors of the City, protesting the issuance of the certificates of obligation described in the aforesaid notice, has been presented to or filed with the City Secretary on or prior to the date of the passage of this Ordinance; and WHEREAS, the Council hereby finds and determines that all of the certificates of obligation described in such notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 : Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $200,000, to be designated and bear the title "CITY OF SOUTHLAKE, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1991" (hereinafter referred to as the "Certificates" ) , for the purpose of paying contractual obligations to be incurred for (i) the acquisition of land for municipal purposes and/or administrative facilities and ( ii) professional services, pursuant to authority conferred �,F-t by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A. , Local Government Code, Subchapter C of Chapter 271, as amended. SECTION 2 : Fully Registered Obligations - Authorized Denominations-Stated Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated August 1, 1991 (the "Certificate Date") and shall be in denominations of $5, 000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on February 1 in each of the years and in principal amounts (the "Stated Maturities" ) and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate 1992 $ 35, 000 6 .00% 1993 40, 000 6 .00% 1994 40, 000 6 . 00% 1995 40, 000 6 . 00% 1996 45,000 6 . 00% The Certificates shall bear interest on the unpaid principal amount from the date of their delivery to the initial purchaser (which date shall be the registration date noted on the Initial Certificates in the "Registration Certificate of Paying Agent/Registrar" to appear thereon) at the per annum (W rate shown above in this Section (computed on the basis of a 360-day year of twelve 30-day months) . Interest on the Certificates shall be payable semiannually on February 1 and August 1 in each year, commencing February 1, 1992 . SECTION 3 : Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity or redemption shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books (the "Security Register") maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts , and shall be without exchange or collection charges to the Holders . Interest on each definitive Certificate shall accrue from the latest interest payment date that interest thereon has been paid that precedes the registration date appearing on such Certificate in the "Registration Certificate of Paying -2- Agent/Registrar" (Section 8D hereof) , unless the registration date appearing thereon is an interest payment date for which interest is being paid, in which case interest on such Certificate shall accrue from the registration date thereon and provided further that interest on such definitive Certificates having a registration date prior to the first interest payment date shall accrue from the date of delivery of the Certificates to the initial purchasers thereof. The selection and appointment of Texas National Bank, Southlake, Texas to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail , first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its principal offices in Southlake, Texas. Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the 15th day of the month next preceding each interest payment date). and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder . If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the principal offices of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. -3- In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4 : Non-Redeemable. The Certificates shall not be subject to redemption prior to maturity at the option of the City. SECTION 5: Registration - Transfer - Exchange of Certi- ficates - Predecessor Certificates . A Security Register relating to the registration, payment, and transfer or exchange of the Certificates shall at all times be kept and maintained by the City at the principal offices of the Paying Agent/Registrar, as provided herein and in accordance with the provisions of an agreement with the Paying Agent/Registrar and such rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each registered owner of the Certificates issued under and pursuant to the provisions of this Ordinance. Any Certificate may, in accordance with its terms and the terms hereof, be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar at its principal office for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar . Upon surrender for transfer of any Certificate at the principal offices of the Paying Agent/Registrar, one or more new Certificates shall be registered and issued to the assignee or transferree of the previous Holder; such Certificates to be in authorized denominations, of like Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer . -4- gF• Al At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and for like aggregate principal amount, upon surrender of the Certificates to be exchanged at the principal offices of the Paying Agent/ Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver Certificates, executed on behalf of and furnished by the City, to the Holder requesting the exchange. All Certificates issued upon any transfer or exchange of Certificates shall be delivered at the principal offices of the Paying Agent/Registrar, or sent by United States mail, first class postage prepaid, to the Holder and, upon the delivery thereof, the same shall be valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates, " evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any Certificate registered and delivered pursuant to Section 21 hereof in lieu of a mutilated, lost, destroyed, or stolen Certificate which shall be deemed to evidence the same obligation as the mutilated, lost , destroyed, or stolen Certificate. SECTION 6 : Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery -5- ye-s of the Certificates to the initial purchaser(s) and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 8C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 8D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. Notwithstanding the above and foregoing paragraph, the Initial Certificates authorized for delivery to the initial purchasers in Section 7 hereof shall have printed thereon both Certificates of Registration appearing in Sections 8C and 8D hereof, and both such certifications shall be required to be manually executed in connection with the initial delivery of the Initial Certificates to the initial purchasers and both such certificates appearing on each of the Initial Certificates, duly signed, shall be conclusive evidence that such Initial Certificates have been duly certified, registered and delivered. SECTION 7: Initial Certificates. The Certificates herein authorized shall be initially issued as five (5) fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from 1 and upward (hereinafter called the "Initial Certificates") and the Initial Certificates shall be registered in the name of the initial purchaser or the designee thereof . The Initial Certificates shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser . Any time after the delivery of the Initial Certificates, the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s) , or the designee thereof, shall cancel the Initial Certificates delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the -6- 8,C. - to addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8 : Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the certificate. The definitive Certificates . shall be printed, lithographed, or engraved or produced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution, but the Initial Certificates submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. B. Form of Definitive and Initial Certificates . REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, CERTIFICATE OF OBLIGATION, SERIES 1990 Certificate Date: Interest Rate: Stated Maturity: CUSIP NO: August 1, 1991 Registered Owner: Principal Amount: DOLLARS -7- FoF-7 The City of Southlake (hereinafter referred to as the "City") , a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount stated above on the Stated Maturity date specified above, without right of prior redemption, and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on the unpaid Principal Amount hereof from the interest payment date next preceding the "Registration Date" of this Certificate appearing below (unless this Certificate bears a "Registration Date" as of an interest payment date, in which case it shall bear interest from such date, or unless this Certificate is authenticated prior to February 1, 1992, in which case it shall bear interest from the date of its delivery, or the delivery of a Predecessor Certificate, to the initial purchasers) at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 1 and August 1 in each year, commencing February 1, 1992 . Principal of this Certificate is payable at its Stated Maturity to the registered owner hereof, upon presentation and surrender, at the principal office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date" , which is the 15th day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts . This Certificate is one of the series specified in its title issued in the aggregate principal amount of $200, 000 (herein referred to as the "Certificates" ) for the purpose of paying contractual obligations to be incurred for (i) the acquisition land for a new city hall and (ii) professional services, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A. , Local -8- F,e- V Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance") . The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the principal offices of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the nature and extent and manner of enforcement of the pledge; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledges, charges and covenants made therein may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the principal offices of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent . When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees . The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for -9- 4TIF- 9 thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas . IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) Q -10- C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) D. Form of Certificate of Paying Agent/Registrar to appear on Certificates. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registration Date: TEXAS NATIONAL BANK Southlake, Texas, as Paying Agent/Registrar By Authorized Signature *NOTE TO PRINTER: Do Not Print on Definitive Certificates -11- E. Form of Assignment . ASSIGNMENT (awl FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee: ) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises . DATED: NOTICE: The signature on this Signature guaranteed: assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular . SECTION 9 : Tax Levy. To provide for the payment of the "Debt Service Requirements" of the Certificates, being (i) the interest on the Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount is the greater) , there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hundred dollars ' valuation of taxable property in the City for the Debt Service Requirements of the Certificates shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Certificates while Outstanding; full allowance being made for delinquencies and costs of collection; separate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Certificates shall be kept and maintained by the City at all times while the Certificates are Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the Certificates shall be deposited to the credit of a "Special 1991 Certificate Account" (the "Interest and Sinking Fund") maintained on the records of the City and deposited in a special fund maintained at an official depository of the City' s funds; and such tax hereby levied, and to be assessed and collected annually, is hereby pledged to the payment of the Certificates . -12- 9"F` / L Proper officers of the City are hereby authorized and directed to cause to be transferred to the Paying Agent/ Registrar for the Certificates, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Certificates as the same accrues or matures; such transfers of funds to be made in such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on or before each principal and interest payment date for the Certificates . SECTION 10 : Mutilated - Destroyed - Lost and Stolen Certificates . In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless . All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates . The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates . SECTION 11: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of , premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. -13- YE- /3 Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986 , as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of four (4) years after the Stated Maturity of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas . The term "Government Securities" , as used herein, means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, which are non-callable prior to the respective Stated Maturities of the Certificates and may be United States Treasury Obligations such as the State and Local Government Series and may be in book-entry form. -14- $'E--/ r/ • SECTION 12 : Ordinance a Contract -Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City while any Certificates remain Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. The term "Outstanding" when used in this Ordinance with respe.ct to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates deemed to be duly paid by the City in accordance with the provisions of Section 11 hereof; and (3) those mutilated, destroyed, lost, or stolen Certificates which have been replaced with Certificates registered and delivered in lieu thereof as provided in Section 12 hereof . SECTION 14 : Covenants to Maintain Tax-Exempt Status . (a) Definitions . When used in this Section 14 , the following terms have the following meanings : -15- ?,F.-/.s "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, enacted on or before the Issue Date. "Computation Date" has the meaning stated in Treas. Reg. § 1. 148-8T(b) (1) . "Gross Proceeds" has the meaning stated in Treas . Reg. § 1. 148-8T(d) . "Investment" has the meaning stated in Treas . Reg . § 1. 148-8T(e) . "Issue Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Nonpurpose Investment" means any Investment in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purpose of the Certificates . "Yield of" (1) any Investment shall be computed in accordance with Treas. Reg. §1. 148-2T, and (2) the Certificates has the meaning stated in Treas . Reg. § 1 . 148-3T. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of , or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction, or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which, if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City shall have received a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exclusion of interest on any Certificate from gross income for federal income tax purposes pursuant to Section 103 of the Code, the City shall comply with each of the specific covenants in this Section. --16- O 'F-/G (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the regulations and rulings thereunder, the City, at all times prior to the last Stated Maturity of Certificates, (1) shall exclusively own, operate, and possess all property acquired, constructed or improved directly or indirectly with Gross Proceeds of the Certificates and shall not use or permit the use of such Gross Proceeds or any property acquired, constructed, or improved with such Gross Proceeds in any activity carried on by any person or entity other than a state or local government, unless such use is solely as a member of the general public, or (2) shall not directly or indirectly impose or accept any charge or other payment for use of Gross Proceeds of the Certificates or for any property acquired, constructed or improved indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes . (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be " loaned" to a person or entity if (1) property acquired, constructed, or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes, (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output, or similar contract or arrangement, or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed, or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the regulations and rulings thereunder, the City shall not, at any time prior to the final Stated Maturity of the Certificates, directly or indirectly invest Gross Proceeds of the Certificates in any Investment (or use such Gross Proceeds to replace money so invested) , if as a result of such investment the Yield of all Investments allocated to such Gross Proceeds whether then held or previously disposed of, exceeds the Yield of the Certificates. -1177- /M/ • (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of Section 149(b) of the Code and the regulations and rulings thereunder. (g) Information Report. The City shall timely file with the Secretary of the Treasury the information required by section 149(e) of the Code with respect to the Certificates on such form and in such place as such Secretary may prescribe. (h) No Rebate Required. The City warrants and represents that it satisfies the requirements of paragraph (2) and (3) of section 148(f) of the Code with respect to the Certificates without making the payments for the United States described in such section. Specifically, the City warrants and represents that (1) the City is a governmental unit with general taxing powers ; (2) at least 95% of the Gross Proceeds of the Certificates will be used for the local governmental activities of the City; (3) the aggregate face amount of all tax-exempt obligations issued or expected to be issued by the City (and all subordinate entities thereof) in the calendar year in which the Certificates are issued is not reasonably expected to exceed $5, 000,000. SECTION 15 : Sale of the Certificates . The sale of the Certificates to Texas National Bank, Southlake, Texas (herein referred to as the "Purchasers") at the price of par is hereby approved and confirmed. Delivery of the Certificates to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. SECTION 16 : Qualified Tax Exempt Obligations . That in accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Certificates to be "qualified tax exempt obligations" in that the Certificates are not "private activity bonds" as defined in the Code and the reasonably anticipated amount of "qualified tax exempt obligations" to be issued by the City (including all subordinate entities of the City) for the calendar year 1991 will not exceed $10,000,000. -18- spL --/8 SECTION 17 : Private Placement Memorandum. The Private Placement Memorandum prepared in the initial offering and sale of the Certificates by the City, together with all addendas, supplements and amendments thereto issued on behalf of the City, is hereby approved as to form and content, and the City Council hereby finds that the information and data contained in said Private Placement Memorandum pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. SECTION 18 : Proceeds of Sale. The proceeds of sale of the Certificates received from the Purchasers, shall be deposited in an acquisition fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Interest and Sinking Fund as shall be determined by the City Council . All surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Interest and Sinking Fund. SECTION 19 : Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificates pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and their delivery to the Purchasers . Furthermore, the Mayor, City Secretary, City Manager and Finance Director, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General, registration by the Comptroller of Public Accounts and delivery of the Certificates to the purchasers thereof and, together with the City' s financial advisor, bond counsel and the Paying Agent/ Registrar, make the necessary arrangements for the delivery of the Initial Certificates to the purchasers . -19- SECTION 20: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates . Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 21: Cancellation. All Certificates surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 22 : Printed Opinion. The Purchasers ' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski, Attorneys, Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates . Printing of a true and correct reproduction of said opinion on the reverse side of each of the definitive Certificates is hereby approved and authorized. SECTION 23: CUSIP Numbers . CUSIP numbers may be printed or typed on the definitive Certificates . It is expressly provided, however, that the presence or absence of -20- 5?F-2a CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates . SECTION 24 : Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 25: Inconsistent Provisions . All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 26: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America . SECTION 27: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 28 : Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29 : Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 30: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Article 6252-17, Vernon' s Texas Civil Statutes, as amended. -21- g'�'-07/ f Y SECTION 31: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, August 6, 1991. PASSED ON SECOND READING AND ADOPTED, this August 20, 1991. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: City Attorney 5 6 9 2 s -22- 74F-.2 Z. ' City of Southlake,Texas M E M O R A N D U M August 1, 1991 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 91-37 Specific Use Permit ------------------------------------------------------------------------------ I REQUESTED ACTION: Specific Use Permit for a Postal Facility in the "0-1" district; 40,000 sq. ft. lot in the W.W. Hall Survey, Abst. No. 695, being legally described as Block 7, Lot 1, SouthView Addition, Phase I. LOCATION: West side of North Carroll Avenue across from Southlake City Hall OWNER: T. J. McHale APPLICANT: United States Postal Service CURRENT ZONING: "O-111, Office-1 LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Two (2) RESPONSES: None P & Z ACTION: July 3, 1991; Approved (7-0) to Table and continue the Public Hearing until July 18, 1991 due to no Post Office representative being present. See attached letter that was sent listing the Commission's concerns after reviewing the site plan. July 18, 1991; Approved (5-0) subject to the Plan Review Summary dated July 27, 1991 and with the following provisions: 1) 15' light standards with directional control on west Bide 2) Allow additional landscaping area in NW corner by eliminating some of the excess parking or shifting to the South 3) Eliminate drop box on site; petition Post Office to place 1 or 2 drop boxes at other convenient locations throughout the City 4) "Good-side" of fence on the West to face SouthView residents 5) Move Bufferyard "C" plantings on the West to north side along Southcrest Lane I STAFF COMMENTS: Attached please find the Second Plan Review Summary dated August 2, 1991. KPG qA- I CITY OF SOUIT1IAKE APPLICATION FOR SPECIFIC USE PERMIT Application No. : ZA i- " To be filed with the Zoning Administrator at City Hall, Southlake, Texas in time for proper notice of public hearing to be made and notices to be sent to property owners within 200 feet, fifteen (15) days prior to the public hearing. A fee of $100.00 and a site plan must accompany this application. NAME OF APPLICANT: ADDRESS: f l)c H a 3 Nv uo,-j be. 203 ' � l t as I Gc�s `Z SZ 3 o DESCRIPTION (metes and bounds) OF PROPERTY REQUESTED TO BE CONSIDERED: PRESENT ZONING DISTRICT OF PROPERTY IN QUESTION: 1 _ I ,� �ff�ce - I RDQUEST FOR SPECIFIC USE PERMIT IS AS FOLLOWS: P05U �JCIIJY per Ord. qg0 Scc1'i-cn 45. I +� gllGWccl All c1+s�ric�-s Wi pcctf-- 5C crrnl-F. The above information is true and accurate to the best of my knowledge. SIGNATURE N Sr st be owner of the pLro2Lrt ): - C DATE: qA -z 1FS �J 21 3 ti7� � 10 It 12 20 C 1 3.273 • MILOM000 13 LANE 23395 14 65�9 s f 9 1.85 • a 0 S r 3 2 GAQ�K � S • O 1 ff�� K OA , N 1 r S1 s ,► Z 9 10 is � 12 13 ,f. 13 ACS JJ 1.032 . W00 LAKE M000 Oq 3 2 1 1f S I TA IA Q 9.93 AC 1 N 0./3 AM (1.0 AM t o cr O Z v 90V!ffiA10:C11Y HAIL TR 3C i ' 3.0 AC r— aa�++acr cas• z3m: CS >.»GFCW o • cc¢ ZMM: Cr3 c� cc Z _ TA 3 1 5 A C. 72.95 AC / i 3.0 AC t J q A-3 — cc�r /, c.q�rGu�000 i Th. owners of all corner lots shall maintain eight triangles in /�►�Gcs /�c�/Tio<./ J _accordance with the City Subdivision Ordinance. b !3 ' 1'1b T. J. McNals i City of SouthlaJ 118 10403 Nigh Mellow or.. $203 ' 967 No. Carroll Dallas, Texas 73230 Southlake, Tess, Velame 4689, Page 279. DATCT f Volume 4379, Pas Zoned 0-1 Zoned C-S c nvc — r h SOL1TIVeLPEST ZRA14, Tt S� ao« v i }�_ .�' I ao.&s7 3 r41 oo Veen `�Z I -- .vs9-37•tar.-t�.� �ae4P � V _ .�•J •<. L�OI K'_.t' .:�. ter A,G„4f.:C d� ice.c�:.•pSP.:� :.✓� :_� :.�i[:JG.. i j � 1 T. J. McNale i ' r Je- 20403 Nigh Hollow Dr., #203 Dallas, Texas 75230 5� Volume 4689, Page 279. DRTCT �O I, G Zoned 0-1 F/,U�9G PL�9T L� LOT /, .BLOCiiC 7 SOU 1.1111 I WAMM,D1C/ 9A-4 City of Southlake,Texas SITE PLAN REVIEW SUMMARY ' CASE NO: ZA 91-37 REVIEW NO: ONE DATE OF REVIEW: 06/27/91 PROJECT NAME: S.U.P. Site Plan - U.S . Post Office Lot 1 Block 7 Southview Addition OWNER/APPLICANT: ENG/ARCHITECT: U.S. Postal Service U.S. Postal Service Mr. Larry Andrews Ms Cindy Green Facilities Service Office Facilities Service Office Dallas, Texas 75266 Dallas Texas 75266 Phone: ( 214) 819-7238 Phone: (214) 819-7238 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 06/10/91 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817 ) 481-5581, EXT. 744 . 1 . Provide a phone number on the plan for the post office representative who prepared the plan. 2 . Please designate the southernmost driving lane as a fire lane. 3 . The newly revised bufferyard section requires that the following bufferyards be provided: North: None East: Level 'G' ( 10 ' width) South: Level 'A' ( 5 ' width)* West: Level 'C' ( 10 ' width, may use 20 ' width) * With the revised bufferyard section, the Council has the authority to grant variances to these requirements. 4 . We would like to eliminate the flume and additional concrete within the R.O.W. as shown in the southeast corner of the site. Please route water to the drive to eliminate the need for inlets in the future improvements to Carroll . * All signs, culverts and fences must be permitted separately. * The applicant should be aware that any revisions made prior to City Council must be received at the City by July 8, 1991 . * Denotes Informational Comment cc: U.S.P.S. , Larry Andrews U.S.P.S. , Cindy Green IA-5 6E' 651, 666 \ \ SOUTIMEM JONT I \ \ '70NF SF 20A Ai LU-0. -RESDE1+11AL I - \ LOT 6; �� �\ lDT 1 1 I -�_--o I ----- ..----- 8- TAU. wOnP-�'L-------- PRIVACY FENCE 558 I \ ffo —z3'.UGHT- ��- - - 662.0: ( 617}J' 1 - 658.00 \ al 1 l 1 T.O.C. w I I/ w fN I 9,3 F.O.C. 661.DC coNa�T1E a•m I 1 / I o• 'o Wa T.D.- — I \ I 1 657.90 . Q 660.28+ 6OC 65 T T9 \:\ T.O.C. 1 660.5i T b .0 r, 657------------ �_ I�p-�• SECURITY UGHT- p am I I \ 59.69 \ W • I 657.69 FIIN8N 9.75 1 Z \ MAXI lOYARE FEE i T.J.Ne11ME g I yAxMl11 IB011T•2 I I + Q row al n ^1 I EMOL[ •TOIIY I T5o�. J e «I I JO' BU (?!NC LINES F• ; LuA. -IRDm w (n _ RESIDENTIALE 5.00 l Ob� SEfXJRTTY U I A 1 I cc y. ARE _ter j �.I I 658.50• �6S9.SA� `� \� Tnr 659 79 1. IIIE T.O.C." 1 659.10 f67 1 > -w T.r 65538 RITE 27 . -- - j ��•fb LANE,\1�11/, I I BS1.79 I § 1 T.O.P. I 1 i L m - TMOrb 659.96 1 .p 63 ON o fsf TLC!' 558.71 - CONCIll=1E- SIDE LrL T.O. 20Y 3S'S t'w l - 0 —25' UGHT STD. I _ T.C.C.i 655.9 - . -- U-I 17600 • 1 T.O.C. TO 18 CU°FBT�1' p ( I 76'•O' . .0.5'-C T.O.C. - -' 9^' To 1wE --r--- --��-- -----� -�--- —.rC--- HYDFA:I' 6Ss.1 C T.O.P.7 "- • 65. ••• C 093 �- 56.00——6T6.25- — T.O.P. T.O.P. 65�P}- FUTURE SANITARY) I _.__ T'-' '_I• CONDUIT AND SEWER BY OTHERS �' U APPROACH TO -_ - - - .Cm STANDARD; NORTH ICARROLL A-VENUE �IiQ C WATER SERV!fE - - - - ZoNr CT 655 ~ SITE PLAN SCALE: 1' s 20'-0" BUFFER ZONES IOT 1. BLOCK 7. SOUTHVIEw AOOITION I r•.li•I� -l�Il�:: - - '. 1.002 ACNE'+ OF IANO STT'JATED IN THE WU. W HALL WEST SIDE - LEVEL '0' Po-.POSTC ZOI&IC - -`' • - SURVEY.ABSTRACT NU.695 CITY OF SOUTHLAKE.TARRANT SOUTH SIDE - NONE REQUIRED S.U.P. F,R F-1 (FTI:.E"• COutm .TEXAS EAST SIDE - LEVEL 'B' ACREAGE - 1.LO_ _ NORTH SIDE - NONE REOUIREC S1rt CO'JER G' - 10403 HIGH HOLLOWS PARKING REO'PREC. OWNER:T.C. Yc HALE 19 SoAC'_ APT. 203 PARKIN,; PRn,AnEL - T.n ;PACES DALLAS•TEXAS 75320-4202 Q-6 1s-r City of Southlake,Texas SITE PLAN REVIEW SUMMARY CASE NO: ZA 91-37 REVIEW NO: TWO DATE OF REVIEW: 08/02/91 PROJECT NAME: S.U.P. Site Plan - U.S. Post Office Lot 1 Block 7 Southview Addition OWNER/APPLICANT: ENG/ARCHITECT: U.S. Postal Service U.S. Postal Service Mr. Larry Andrews Ms Cindy Green Facilities Service Office Facilities Service Office Dallas Texas 75266 Dallast Texas 75266 Phone: (214) 819-7238 Phone: M±L 819-7238 Fax: Fax: (214) 819-7270 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 07/29/91 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . * We find the applicant has met all the requirements of our previous reviews. * All signs, culverts and fences must be permitted separately. * Denotes Informational Comment cc: U.S.P.S. , Larry Andrews U.S.P.S. , Cindy Green 1a -7 660 5fi1 662 654 SOUTiM�.p\Nlcc 20A — I LU.D. NE9�ENTIAL__ 1 I 1 � I 65.3 T.O.C. i 639\ LOT 2\ j \� � \ LOT 1 � I 1 NO(f 35,51 I �------- --- ----- - --- ----- ------ - 1 ------ ------ r E1*WlrY.APV \ I FRIVMl rPNNM Mt ••• "TALLW W + 658\ rWww&=to I\ -- - - - - -- 662.00 m I 663.34 1 aN pwvnAL 816a T.O.C. T.D.C. I 1 662. is, :1 T.O.0 \ IS D C 1 1 FROM ' I - PAvoma \I 661.32 1 1 CI T.O.P.+ 1 1 661.801 I CQW�fETE RD � 9'-C i . 1 6.LPL.A. 1 I BSj.90 638.40 �659.70 660.28 1 680.5 I 6NlFERYAIIt9 \ I 657—� 1 „ I � • ECURRY g 657.9 II ORION,9~1006 r \75 ' _ \� I30' LR/ T.J. Y°1AL 1�" +959.31 ssa�E srosr T.O.C. z at II L IC' P!R L r' 1 LU.D. _ Y EEDFU ++I n L I \ 6cv .um 1 1 RESIDENTIAL SECURITY LIGHT�A� ) I a 1 I 656 N 5.00 t+.E. Ir`�A ° I I 658.14• °65A53 1 I 8. 659.1 T.O.C. 1 I I BLDG., 8s7.28 rift UNE 58 I 6N1 1 a 559.821659.0 1 1 I 697 ) I T.O.C. T.0.P I 1 � I I cavro + F-AVM �- I 1 1 1 � -•� -ZONE Ol _ � - - — 1 I I 1 - -- -656.30 1 659.70 666 T.O.C. FIRE I � �. T.0.6., I I J 1 00N RE7E CLAW 659.80 658.7 65 I S 66 T.O.C. T.O.C. -- -I - 35.51'^ O•-15' LIG 6 HT STD. T.O.C. 656.00 176.GO N i T.O.C. \ LEVEL 15'd1PfIR',AIRD 1 1 $97 0 � M'- �i 90'TO FIRE - �- 6N HYDRANT GQCJlE7E.ArRCN -� •� ITT..EA 9M)m — — sw. emu T.0'. —_T.O.P. 656.03 656.83 T.O.P. - 664 ASPHALT TRANSITION CONDOR AND FUTURE SANITANT OTHER FROM STREET APPROACH TO SEWER OTHERS t0 PROPERT�UNE CITY SiIWDAR05 _ - - - - NORTH RROLL 1[ N WARIER 5_ERNf.E--) 70NE l N, SITE PLAN SCALE: T : 20'-0' BUFFER ZONES NOTES: Loi 1, BIOCK 7, SOUTIMEW ADDITION WEST SIDE- LEVEL'C' PROPOSED ZONING - 1.002 ACRES OF LAND SITUATED 6i T11E wY. W. HALL PROPOSED 20 R O - 'OFFI WITH A yyIRyEY,ABSTRACT N0.69S CITY OF 5011TH1AKETARRANT EAST SIDE-LEVEL'A' S.U.P. FOR POST 0 OFFICE COUNTY.TEXAS EAST SIDE - LEVEL'G' ACREAGE R 1E - .1, JORTM SIDE- NONE REQUIRED SITE COVERAGE - tOS 19 SPACES OWNER:T.C. 3 HALE PARKING PROVIDED 10.03 HIGH HOLLOWS 9A- (� PREPARED 8Y: CINDY 8 GREEN PARKING PROVIDED - 50 SPACESAPT. 203IY (2,., 6,9_7236 2nd pALIAS.TETRAS 75320-4902 City of Southlake,Texas RESOLUTION NO.91-40 RESOLUTION OF THE CITY COUNCIL OF THE CITY F SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE ERMIT FOR A POSTAL FACILITY FOR THE LOCATION ESCRIBED AS BLOCK 7, LOT 1, SOUTHVIEW ADDITION, HASE I; AND MORE FULLY AND COMPLETELY DESCRIBED N EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. W REAS, A S I c U A'se Permit for a Postal Fac;�A+Ey has been request a person or corporation having r a proprietary interest in the property described in Exhibit "A" attached hereto; and, WHEREAS, in accordance with the requirements of Section 45 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 a full and fair hearing to all property owners generally and to the persons intgrested 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, THAT: SECTION 1 That a Specific Use Permit is hereby granted for a Postal Facility, on the property described in Exhibit "A" attached hereto, 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: SECTION II That this resolution shall become effective on the date of approval by the City Council. City of Southlake,Texas Resolution No. 91-40 Specific Use Permit for Postal Facility page two PASSED AND APPROVED this the day of CITY OF SOUTHLAKE, TEXAS By: •Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas City of Southlake,Texas M E M O R A N D U M l CI`fY MANAGER C I August 1, 1991 i I I TO: Curtis E . Hawk, City Manager i FROM: Michael H. Barnes/ P.E .f Public Works Director i SUBJECT: Consider Drainage Improvements for the City of Grapevine for the Parra Linda Subdivision ------------------------------------------------------------- Attached is a request from Mark Watson, City Manager of Grapevine, to present the Parra Linda Drainage Project to the Council for their review and approval . The Parra Linda Drainage Project consists of a combination of open ditches, pipe culverts and box culverts of different sizes within and on the perimeter of the Parra Linda Subdivision which is located on the east side of Kimball Road and north of Shady Lane. All of this subdivision is in Grapevine, but some of the drainage improvements (72" pipe culvert) are proposed on the north side of Shady Lane. The 72" pipe is proposed to parallel the east side of Kimball (which is within Grapevine city limits) and travel south to Shady Lane and turn east along the north right-of-way of Shady Lane and discharge approximately 700 feet from Kimball . The City of Grapevine has retained the consulting engineering firm of Freese & Nichols to design the drainage improvements . I have met with Grapevine' s staff and Freese & Nichols and have reviewed the project. They have assured staff that the improvements are designed for the 100-year storm frequency. As a result of the meetings with Grapevine the following issues were addressed: 1) An easement from the property owner at the discharge outlet would have to be obtained. Grapevine is aware and agrees that a drainage easement will have to be obtained. 2) Because of the type of heavy equipment that will be used to install the drainage pipe along the north side of Shady Lane, the street will probably be damaged. Grapevine has agreed that any damage due to construction will be replaced by the contractor and will be incorporated into the plans. 3) Shady Lane will have to be closed for a period of time (probably no more than 3-5 days) to install the pipe along Shady Lane. City of Southlake,Texas I Curtis E. Hawk August 1, 1991 Page 2 Because of the size of the project and the effect it will have on Southlake streets, the Council needs to be made aware of the project. Grapevine's staff and consulting engineer will be at the meeting to discuss the project. Please place this item on the Council ' s August 6 agenda for consideration. If you have any questions regarding this, please contact me. ,M5 MHB/lc attachment: request letter from City of Grapevine A Future with A Past GR"EVINE ID d JLL 1 91991 OFFICE OF CITY MANAGER July 17, 1991 Mr. Curtis E. Hawk City Manager City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 RE: Parra Linda Drainage Project Dear Curtis: Please consider this letter as the City of Grapevine's official request to place the Parra Linda Drainage Project on the City of Southlake's Council Agenda for August 6, 1991. Jerry Hodge of our staff and Mike Barnes of your staff have met on a number of occasions discussing this project. We have now completed design of the project and are in the final preparations for constructing same. Mike Barnes suggested that we present the scope of this project to the Southlake City Council for their concurrence in light of the fact that construction of part of the box culvert structure will take place in Shady Lane within the City limits of Southlake. This is a very important project for the citizens of Parra Linda in the City of Grapevine and I would appreciate any assistance you may offer in facilitating the City of Southlake s approval of this project. Sincerely, Mark S. Watson City Manager /bc Watson/Hawk THE CITY"OF GRAPEVINE , Phone`tetra 81 7/481-03-4--y PUBLIC WORKS DEFT. P()• Box 951t>4 • Grapevine.Texas 764 City of Southlake,Texas CITY MANAfa y �- M E M O R A N D U M August 1, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Stone Lakes Developer' s Agreement ------------------------------------------------------------- Attached is the Developer' s Agreement submitted by the Stone Lakes Development for Phase I containing 153 lots . They are in agreement with the City' s standard developer's agreement with the only other issues being the following: A. Stone Lakes developers agrees to pay their sewer prorata charges as per the Ordinance. B. Stone Lakes developer is requesting to be credited with 50% of their Park Fees due to the amenities they are installing. The total Park Fees required is $76,500 and a 50% credit would be $38,250 . The Park Board voted to give a 50% credit to the Stone Lakes Subdivision on June 10, 1991 . Please place this item on the Council ' s next agendcontact for their consideration. If you have any questions, please � tA MHB/lc attachment: Stone Lakes Developer' s Agreement I STONE LAKES SUBDIVISION DEVELOPERS AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the undersigned Developer, hereinafter referred to as the Developer, of the Stone Lakes Subdivision to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 153 lots contained within the Stone Lakes Subdivision (Phase I) and to the off-site improvements necessary to support the subdivision. I . GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. Since the Developer is prepared to develop the Stone Lakes subdivision as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City. The remaining building permits shall be released as soon as the subgrade for the streets is completed. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within Phase I has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. C. The Developer will present to the City a performance bond and payment bond or Letter of Credit or cash escrow guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the subdivision if the Developer fails to complete the work within two (2) years of the signing of this agreement between the City and Developer. �- The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of Two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. E. Until the performance and payment bonds, letter of credit or cash escrow required in C has been furnished as required, no approval of work on or in the subdivision shall be given by City and no work shall be initiated on or in said subdivision by the Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City of Southlake and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof . It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities . Acceptance of the facilities for this provision and for the entire agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. -2 /0,8- 3 G. On all facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: 1 . To pay to the City three ( 3%) percent of the construction cost for inspection fees of the water, streets, drainage facilities, and sanitary sewer. It is agreed by both the City and the Developer that the City will pay the following testing fees and the Developer will be responsible to pay for all other testing fees required by the City not listed below: a) All nuclear density tests on the roadway subgrade (95% Standard) . Trench testing (95% Standard) shall be paid by the Developer b) All gradation tests required to insure proper cement and/or lime stabilization c) Technicians time for preparing concrete cylinders d) Concrete cylinder tests and concrete coring samples Charges for retesting as a result of failed tests will be paid by the Developer. Fees are payable prior to construction of each phase, based on actual bid construction costs. The Developer will be responsible to pay for all inspection fees when inspection is required- on Saturday or Sunday. These fees are considered over and above the 3% inspection fee as stated above. Acceptance of the project will not be given until all inspection fees are paid. 2 . To delay connection of buildings to service lines or water mains constructed under this contract until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintain the aesthetics of all land and lots in said subdivision which have not been sold to third parties . -3- /OB- e/ After fifteen ( 15) days written notice should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs . Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer or Builder has notice of costs. I . Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc. ) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer' s Agreement within the City of Southlake regardless of such company's authorization to do business in Texas . Approval by the City shall not be unreasonably withheld or delayed. II . FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Stone Lakes Subdivision to the City of Southlake. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer' s engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost. Additionally, the City agrees to provide temporary water service at Developer's request, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes . -4- /Qr3-s B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, approved by the City Engineer the City, and made part of the final plat as approved by the City Council . C. STREETS: 1. The street construction in the Stone Lakes residential development of the City of Southlake shall conform to the requirements in Ordinance No. 217 . Streets will be installed in accordance with plans and specifications to be prepared by the Developer' s engineer and approved by the City Engineer. 2 . The Developer will be responsible for: a) Installation and one year operation of street lights; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by an engineering study performed by the Director of Public Works . 3 . All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. -5- / I) a- oc It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Stone Lakes Subdivision to the City of Southlake. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer' s engineer and approved by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. E. EROSION CONTROL: During construction of the subdivision and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc. to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets . If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and placed the soil within the subdivision at the contractor' s expense. All fees owed to the City will be collected prior to acceptance of the subdivision. -6- /678- 7 F. AMENITIES: It is understood by and between the City and Developer that the Stone Lakes Subdivision may err✓ incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities . The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a Home Owners Association. The City shall be responsible only for the maintenance of those items within the public right-of-way and then only to the extent provided in other subdivisions within the city. G. START OF CONSTRUCTION: Before construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1 . Approved payment and performance bonds submitted to the City. 2 . At least five (5) sets of construction plans stamped "Approved for Construction" by the City Engineer. 3 . All fees required by the City to be paid to the City. 4 . Developer' s Agreement executed. III . GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, (6w, -7 /0 ,a- 4? servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities . B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas . C. Approval by the City Engineer of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications . Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents,servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer' s designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. -8 /o,a- ? D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer' s expense; provided, however, that if the construction under this agreement shall have started within the two (2)year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. OFF - SITE AND/OR SEWER PRO RATA: The Developer agrees to pay their proportionate share of the total cost of the S-4 trunk line based on the recently adopted Sewer Pro-Rata Ordinance. The Pro-Rats share may be paid separately for Phase One and Phase Two, as each phase develops . The pro rata charges shall be payable prior to the final acceptance of Phase I & II of Stone Lakes Subdivision by the City of Southlake. (46W -9- /0 'g-1 to B. PERIMETER STREET ORDINANCE: The Perimeter Street Ordinance does not apply to Stone Lakes since the property does not abut substandard perimeter roadways, other than State Highway facilities. D. PARK FEES: In consideration of the land and amenities to be provided by the Developer for the recreational benefit of the Stone Lakes residents, the City agrees to credit the Developer fifty percent (50%) of the required park fees in conformance with Ordinance number 483 - City of Southlake Subdivision Ordinance, Article VII - Park and Recreation Dedication Requirements. Said fifty percent (50%) credit shall apply to the entire Stone Lakes Development as approved by the City of Southlake Park Board on June 10, 1991. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: -10- /01j-// City of Southlake,Texas M E M O R A N D U M August 2, 1991 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Bid for Sale or Exchange of Real Property ------------------------------------------------------------- No bids were received for the sale or exchange of real property of an approximately 9 . 17 acre tract of land. /kb NOTICE OF SALE OR EXCHANGE OF REAL PROPERTY The City of Southlake will receive sealed proposals for the potential sale or exchange of an approximately 9 . 17 acre tract of land located on the north side of Johnson Road between Pearson and Randol Mill roads in the City of Southlake, approximately 0.13 miles west of the intersection of Johnson Road and Randol Mill Avenue. To be considered, bids must be submitted on the official bid form available from the City Secretary's Office (667 North Carroll Avenue, Southlake, Texas, 76092; 481-5581 extensionA gust, 2 and 1 91 ids must be received before 2:00 p. onFriday, 1991. At that time, the bids will be opened and read publicly. Bids must be sealed, the outside of the envelope clearly marked, "JOHNSON ROAD PROPERTY BID" and addressed: City Secretary City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 A cashier's check, bcash or money order in t he f five id must be submitted d with all bids n as o percent (5$) off the money. The City of Southlake reserves the right to reject any or all bids and further reserves the right to withdraw the property from the market at any time and to waive any and all irregularities and to enter into any contract which it deems to be in the best interests of the City of Southlake. Additional details regarding are outlined in the official bid the property and bid procedures form documents available from the City Secretary. *t/zx AtLv� Sandra L. LeGrand City Secretary Published: July 19, 1991 July 201 1991 City of Southlake,Texas CITY MANAGER M E M O R A N D U M August 2, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Lonesome Dove Estates Developer's Agreement ------------------------------------------------------ On October 2, 1990, the City Council approved a Developer's Agreement for Lonesome Dove Estates . The agreement was never signed by the developer or the City and the subdivision construction plans have never been approved. Attached is a letter from the developer requesting a revision to the Developer's Agreement as it relates to sewer service. Also, attached is the original Developer' s Agreement that was approved by Council and the Minutes of that meeting. Basically what the developer is asking is to change from taking the sewer line to the Dove Estates Treatment Plant to the lift station at the new high school . If they make this change, they are willing to pay for the construction of the gravity line from the high school lift station to their subdivision, but would like to be reimbursed for the construction of the line thru the impact fees charged to the builder. Since this is a major change and since the City has an existing agreement, the City Attorney is reviewing the request. Please place this item on the Council ' s next agenda for consideration. If you have any questions, please contact me. iP b)� MHB/lc attachment: Developer' s request letter Approved original Developer' s Agreement Minutes copy C�/ ��ianc��Ez �anf2E�� _<fDT0#F-T y qne. - = o L gog Bzdfo2d v?oad (517) 2S2-3SSS 3zdfoa, SFexas 76022 rJV(#111 265-1765 fZ'r'` i July 19, 1991 JUL 2 2 1991 Mr . Michael Barnes , P .E . , Director of Public Works City of Southlake PUBLIC WOES DEPT. 667 North Carroll Avenue Southlake, TX 76092 Re : Lonesome Dove Estates Developers Agreement Dear Mike: Per our conversation on Wednesday July 17, 1991 , enclosed is a revised Developers Agreement . We have revised the wording on page 9 which refers to off-site sanitary sewer. Our proposal is to pump our sewer to the south to the Carroll High School Lift Station instead of to the north to the Dove Estates Package Treatment Plant . After our visit , it is my understanding that this is the preferable route for the City. We propose to pay the costs for constructing all necessary off-site sewer facilities . However, we are requesting the City to collect the full impact fee from each builder when building permits are issued . When sufficient impact fee money is available , the Developer will then be reimbursed the actual documented costs for constructing the necessary off-site sewer facilities . Please present our proposal to the City Council at your nest meeting. Your cooperation is appreciated . Please call if you have any questions or need additional information. Sincerely, AaZantrell GC/vw Encl: Revised Developer Agreement , In addition, the Developer or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer' s expense; provided, however, that if the construction under this agreement shall have started within the two (2)year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. OFF - SITE AND/OR SEWER PRO RATA: The Developer understands and agrees that gravity sewer facilities do not currently exist for the proposed subdivision. At Developer' s request, City has agreed to allow the Developer to pump sewage from the subdivision to the; e Carroll High School Lift Ir-gatment Mall ant.. The cost of all pumping Station (approx. 300 ft. facilities, force mains, necessary easements and north of the NW corner of acquisition of easements will be the responsibility Dove Rd. and Carroll Rd.) of the Developer. However. . . :- per lot at the time that each building p it is / issued in the proposed subdivision, fo each and every building permit issued prior August 7, 1991. Prior to the start of struction, the Developer shall escrow $25,000.0. in the form of an j irrevocable Letter of Cr - t guaranteeing the payment of such fees. Letter of Credit shall remain in full force d effect until October 1, 1991. The $500.00 er lot fee will be paid to the City form the ,000. 00 Letter of Credit. It is understood a agreed that this $500.00 user fee is for the vilege of pumping sewage to the Dove Estates ackage Treatment Plant and is separate from any mpact fee which may be levied for the r upment of costs for the construction of gravity However, the Developer will be reimbursed for the actual cost of installing these necessary s —r facilities when sufficient impact fees have been collected each time a building permit isued in the proposed subdivision. —9 /de- 3 City Council Minutes October 2 , 1990 page five Agenda Item #8 , Continued The public hearing resulted with no comments from the audience. Motion was made to approve Ordinane No. 523 , 2nd reading. Motion: Wilhelm Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Evans, Springer, Farrier, Hall Nays: None Approved: 5-0 vote The City Manger noted that they will bring the current - reserve officers back to City Council as a formality. Agenda Item #9, Ordinance No 524 , 1st reading. TMRS Updated Service Credits The City Manager explained that the Texas Municipal Retirement System (TMRS) package being brought to Council, updating the service credits and increasing current Municipal Contribution to One and one-half to one, was budgeted and will go into effect the 1st of January. Motion was made to approve Ordinance No. 524 , 1st reading. Motion: Farrier Second: Hall Mayor Gary Fickes read the caption of the ordinance. Ayes: Farrier, Evans , Springer, Wilhelm, Hall Nays: None Approved: 5-0 vote Agenda Item #10 , Developers Agreement for Lonesome Dove Estates Michael Barnes, Director for Lonesomelic Dove Works , Estatesreviewed for Counc i.proposed Developers Agreement Barnes reminded Council that the final plat was approved last year, however, they are just beginning to develop. John Levitt, Levitt Engineers, in behalf of2Lo Lonesomece Dove Joint Venture Levitt Southlake, was present Levitt indicated that they agreed to pay $1 ,500 per lot in impact fees, however, they are asking that the $1 ,500 be paid at the time the building permits are taken out by the builder. City Council Minutes October 2 , 1990 page six Agenda Item #10 , Continued Raman Chandler, 1704 Glade Road, Colleyville. the were Mr. Chandler stated when they purchased the property, Y told a $1 ,500 fee would be paid at the time of a building permit. They agreed to the $1,500 , but by g due at me of the building permit will allow them to defer the payment. It was established that Phase 1 has been changed to 51 lots. Motion was made to approve the Developers Agreement for Lonesome Dove Estates with an impact fee of $1 ,000 to be paid at building permit, subject to entering into an acceptable contract with the owner dealing with the payment of the additional $500 sewer access fee, such agreement to be secured by an irrevocable stand by letter of credit, the expiration form and content being acceptable by earlier one year with the City of Southlake. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Hall, Springer, Farrier Nays: None Approved: 5-0 vote Agenda Item #11 , Developers Agreement for Re plat of Cedar Oaks Addition Director of Public Works , Michael Barnes, stated that the Developers Agreement for the Replat of Cedar Oaks Addition, consists of six (6) lots, and the developers agree to build some off-site drainage to assist in the down stream flow. They also agreed to pay for park fees. The time that payment of park fees is received was discussed by the City Council. Barnes noted that inspection fees are paid prior to start of construction. It was determined that the park fees will be paid at the time the other fees are due. Motion was made to approve the Developers Agreement for Cedar Oaks Subdivision. Motion: Hall Second: Farrier Ayes: Hall, Farrier, Springer, Wilhelm, Evans Nays: None Approved: 5-0 vote /de -s In addition, the Developer or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer' s expense; provided, however, that if the construction under this agreement shall have started within the two (2)year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. OFF - SITE AND/OR SEWER PRO RATA: The Developer understands and agrees that gravity sewer facilities do not currently exist for the proposed subdivision. At Developer' s request, City has agreed to allow the Developer to pump sewage from the subdivision to the Dove Estates Package Treatment Plant. The cost of all pumping facilities, force mains, necessary easements and acquisition of easements will be the responsibility of the Developer. The Developer agrees to pay to City a fee of $500 . 00 per lot at the time that each building permit is issued in the proposed subdivision, for each and every building permit issued prior to August 7, 1991 . Prior to the start of construction, the Developer shall escrow $25 ,000. 00 in the form of an irrevocable Letter of Credit guaranteeing the payment of such fees. The Letter of Credit shall remain in full force and effect until October 1, 1991 . The $500 . 00 per lot fee will be paid to the City form the $25 ,000. 00 Letter of Credit. It is understood and agreed that this $500. 00 user fee is for the privilege of pumping sewage to the Dove Estates Package Treatment Plant and is separate from any impact fee which may be levied for the recoupment of costs for the construction of gravity sewer facilities. -9 i 1 � f` It is understood and agreed that the lift station proposed by the Developer will become the property of the City upon acceptance of the subdivision by the City; provided, however, acceptance of the subdivision will not void the two (2) Years maintenance agreement required for the lift station. D. PARK FEES: The City and Developer agree that there are no park fees due for Phase 1 of Lonesome Dove. E. PERIMETER STREET ORDINANCE: The Developer agrees to perform in accordance with Section IV, Paragraph B, sub paragraph 2 of Ordinance No. 494. F. START of CONSTRUCTION: Before construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1 . Approved payment and performance bonds submitted to the City. �,. 2. At least five (5) sets of construction plans stamped "Approved for Construction" by the City Engineer. 3 . All fees required by the City to be paid to the City. 4 . Developer' s Agreement executed. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes , Mayor ATTEST: Sandra LeGrand, City Secretary Date: -10- /toC-- 7 City of Southlake,Texas I CITY MANAGER M E M O RAN D U M - August 2, 1991 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Computer Assisted Dispatch ---------------------------------------------- The attached document is information as to what Computer Assisted Dispatch is and illustrates some of the advantages of CAD. Also included is a brief synopsis for purchasing of the software. This purchase will be made within the current Department of Public Safety budget requiring no additional funding. C,- BC/mr Attachment CAD - COMPUTER ASSISTED DISPATCH I . WHAT is CAD? 1. CAD = Computer Assisted Dispatch 2. It is a SOFTWARE PROGRAM designed to: Allow a communicator to COMPUTERIZE REQUESTS FOR SERVICE and ACCURATELY DOCUMENT details as they occur. Allows the department to PREPLAN responses to a given location or set of circumstances and to INSTANTLY RETRIEVE THE PREPLAN INFORMATION for ANY LOCATION IN THE CITY. II. WHAT CAD DOES AND ITS BENEFITS 1. Provides IMMEDIATE and CURRENT STATUS of all on duty officers. 2 . Provides PRIORITIZATION OF CALLS and CALLS WAITING. A. Dispatchers don't have to rely only on memory, B. NO MISSED CALLS FOR SERVICE, especially during heavy activity and MAJOR INCIDENTS (floods,major fires) 3 . CAD allows REALTIME ENTRY of data, thereby giving EXACT, ACCURATE information about: A. Basic call information and time received. B. Time of dispatch to officers C. Response time of officers D. Total time on calls or activities 4 . ELIMINATES "TIME LAG" in writing on PUNCH CARDS and using a TIME CLOCK. 5. CHALLENGES erroneous, misleading, or confusing addresses to ENSURE CORRECT RESPONSES. (If only one bit of information is known, CAD fills in the rest. - Example: Caller only knows he is at the Flea Market but doesn't know the address, CAD i fills n all of the information automatically) /d 'er-00k. 6 . Provides "HOT INFORMATION" on the screen A. Information about PRIOR CALLS AT THE SCENE B. SAFETY HAZARDS - weapons, stored chemicals C. PRE-FIRE-PLAN information - hydrants, owner 7 . Provides CHECK LIST of details and duties A. Who to send (Electric Company, Gas, assist city) B. Who to contact (Chief, City Manager, Council) 8 . Provides AUTOMATIC and IMMEDIATE entry of license plates to check for stolen or wanted which gives a faster response for OFFICER SAFETY. 9 . ELIMINATES MANUAL FILES and SAVES MONEY A. SAVES SPACE - 4,000 call cards per month B. SAVES MONEY - printing costs at $1,000-$1,200 year for call cards 10 . Provides improved EFFICIENCY AND EFFECTIVENESS A. Reduces redundancy of writing info and then entering later into computer B. Reduces chance for error III. BETA SITE 1. Selected as one of only three beta sites from out of over 100 agencies. 2 . BETA BENEFITS A. Opportunity for PRIMARY INPUT INTO SYSTEM DESIGN B. Ability to ADD, MODIFY, DELETE FEATURES before open market sales release C. Opportunity to INTERACT with OTHER AGENCIES on a professional basis from a PROACTIVE position D. SUBSTANTIAL COST SAVINGS over open market pricing. IV. ADDITIONAL CONSIDERATIONS 1. CAD requires a high speed computer - (386) - with substantial memory and data storeage capacity 2 . The CURRENT DISPATCH COMPUTER can be TRANSFERED TO JAIL area for use in DIRECT COMPUTER JAIL BOOKING. A. SPEEDS UP jail booking and release time so that the patrol officer SPENDS MORE TIME ON THE STREET B. Provides same basic benefits in jail area 1. Eliminates written reports and files 2 . Reduces redundancy, INCREASING EFFICIENCY of operations, since no longer have to write and enter into the computer at a later time V. COSTS 1. BREAKDOWN CAD Software $ 4,500 Hardware (Computer) $ 4,500 Training / Maintenance $ 3,000 ---------------------- ------- CAD SYSTEM SUB-TOTAL $12,000 Jail Software Package $ 1,795 COMPLETE SYSTEM TOTAL $13,750 2 . FUNDING AVAILABLE A. NO INCREASE IN DEPARTMENT TOTAL BUDGET B. Some funds in ORIGINALLY BUDGETED $4,000 budgeted for COMPUTERIZATION $3,500 budgeted for SECURITY MONITOR SYSTEM C. IBM DONATED two computers and a complete security monitor system. D. Sufficient funds available for TRANSFER OF FUNDS from FUEL COST ALLOCATIONS VI. ANTICIPATED QUESTIONS 1. How were we able to afford $13,000 for an unbudgeted item such as this? ANSWER: DONATION from IBM saved $4,000 in computer PC purchase costs and it saved another $3,000 in security camera system costs. The fuel costs did not rise as anticipated. We practice PRUDENT PURCHASING PRACTICES such as bulk purchases and use of discounts such as those from HGAC. 2 . Why didn't we budget for this? ANSWER: The PC based CAD system is ahead of its original design and production schedule. It was originally scheduled to be available in late 1992 . City of Southlake,Texas EMS F M E M O R A N D U M August 1, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Request for Water and Sewer Service from the DalDen Corporation ------------------------------------------------------------- Attached is a letter from Glen Rubarts, Vice President of Operations for the DalDen Corporation, which is located at the northeast corner of T.W. King Road and Bob Jones Road, requesting water and sewer service. The City of Southlake does not have water or sewer service in that area at this time. However, the City has a contract with Trophy Club to provide the City with water. I have talked with Roger Unger, District Manager of Operations, and he has stated that MUD #1 would be willing to allow Southlake to connect to their water and sewer systems in that area. DalDen has stated that they are willing to prepare plans and specifications to provide water and sewer service that will meet Southlake' s and MUD #1 specifications. Should the Council elect to serve DalDen via MUD #1, an agreement between Southlake and DalDen and Southlake and MUD #1 would need to be prepared and agreed to before construction begins . Please place this item on the Council 's next agenda for discussion. If you have any questions, please contact me. MHB/lc attachment: DalDen letter *DalDen Corporation JUL 3 0 1991 July 30 , 1991 PUBLIC WORD DEPT,, Mr . Michael Barnes Director of Public Works , City of Southlake 667 No . Carroll Avenue 1 �-�•CE'�° Southlake , TX 76092 DL Dear Mr . Barnes : Confirming our earlier discussions with oth you and Mr . Hawk, DalDen Corporation hereby formally requests that the City of Southlake provide water and sewer service to our facilities located at 4285 T . W. King Road . It is our understanding that DalDen will be responsible for providing a construction drawing for city approval . The said drawing will depict the required materials and installation of the water and sewer lines from our property to the city connection points . You indicated there was a possible concern about the type of waste that would emanate from our facilities . The nature of our business is such that we generate minimal quantities of liquid industrial wastes . Any hazardous waste , as defined by federal law, is collected and disposed of in accordance with state and federal regulations . It is not put down the drain . Your concern is understandable , and we are open to measures that would assure that illegal pollutants are not introduced into the sewer system. I would suggest two possible alternatives : 1 . Install a manhole and a continuous sampler on our main line ahead of the city connection . Random and/or periodic analysis would confirm the nature of the waste . I do not know, but suspect this would be expensive . 2 . Our present connections to several "yin plant" septic systems are utilized only for sanitary waste . We could maintain that same restriction for lines going to the city sewer , however we feel it is not warranted given the nature of our business . Thanks for your help . We are looking forward to having the services normally afforded a company located within the boundaries of an incorporated municipality. Glen R. Rubarts Vice President of Operations 11*49..42 P.O. Box 1865 • Grapevine, Texas 76051 (817) 430-4288 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.