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1996-02-20 RESOLUTION NO. • TEXAS,CALLING FOR A RESOLUTION OF THE CITY OF SOUTHLAKE, A SPECIAL ELECTION TO BE HELD ON MAY 4, 1996 IN CONJUNCTION WITH THE GENERAL ELECTION TO BE HELD ON THAT DATE; ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE JUDGE; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE-CLEARANCE APPROVAL;ESTABLISHING OTHER PROCEDURES FOR CONDUCE OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR RUNOFF ELECTION IF NECESSARY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, vacancies,have occurred on the city council and in the office of the mayor, and state law requires that a special election be held to fill that vacancy; and WHEREAS,Section 41.001 of the Texas Election Code(the"Code")specifies that the first Saturday in May shall be a"Uniform Election Date"and that a special election of a city may be held on such day; and WHEREAS, by this resolution, it is the intention of the city council to officially establish the election precincts within the city, to designate a polling place for the election, • to appoint the necessary election officers and to establish and set forth procedures for conducting the election; and WHEREAS, by Resolution 96-02 the city council has called a general election to be held on May 4, 1996; and WHEREAS, the changes from prior practices may require pre-clearance under the Federal Voting Rights Act. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. on Called, A special election shall be held in the City of Southlake, Texas, on Saturday, May 4, 1996, at which the following officers will be elected: MAYOR COUNCILMEMBER PLACE 2 COUNCIL MEMBER PLACE 4 f:1filaWs]wkrrsy05-4-96c.2.2(02-16-96) • • This election shall be held in conjunction with the general election called by Resolution 96- 02 to be held on that date. Section 2. Term of Office, In accordance with the city charter,the candidates for mayor and council place 2 receiving the majority of votes for the office shall serve the remaining one year of a three year term expiring in May 1997. The candidate for council place 4 receiving the majority of votes for the office shall serve the remaining two years of a three year term ending in May 1998. Section 3. Eligibility ity for S;andidacy, In accordance with the city's Charter, no person shall be eligible for the office of mayor unless the person is a qualified elector of the city and has resided in the city for at least 12 months preceding the election date. Section 4. Application for a Place on the Ballot. In accordance with Section 143.002 of the Code, the name of a qualified person shall be placed on the official ballot as a candidate if the person files a sworn application with the city secretary after the date of this resolution, but not later than 5:00 p.m., April 3, 1996. Each application shall be on a form prescribed by the Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the city secretary as provided by Section 52.094 of the Code. Notice of the time and place for the drawing shall be given in accordance with the Code. • Section 5. Runoff Election. If no candidate re ceives a majority of the votes for an office, there shall be a runoff election held on June 1, 1996. If a runoff election is necessary, it shall be ordered by the mayor not later than five days after the canvassing of the returns of the general election. Section 6. Election Procedures. The election precincts, polling places, election judges,clerks,and early voting dates,method of voting and other procedures for the special election shall be identical to those established in Resolution No. 96-02 for the general election to be held on the same date. Section 7. Submission to the United States Justice Department. The city secretary of the City of Southlake is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance approval for additional length of the absentee voting period. Mille-\slake\rm\os-4-96e 2.2(02-16-96) 2 S Section S. rlecessaty Actions. The mayor and the city secretary of the City of Southlake,in consultation with the city attorney,are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election,whether or not expressly authorized herein. Sectbn 9. Rffective Dates This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS DAY OF , 1996. CITY OF SOVTDLAKE, TEXAS Mayor Gary Pickes ATTEST Sandra L. LeGrand City Secretary • APPROVED AS TO FORM: City Attorney e�er�Wue\ees\osa 96e.2-2(0246-96) 3 5:0-• City of Southlake,Texas MEMORANDUM February 15, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to Execute a Contract With Cheatham and Associates to Provide Engineering Services for the Design of a 20-Inch Water Main on Southlake Blvd. From White Chapel Blvd. to a Point Between Carroll Ave. and Kimball Avenue. The City Council and staff have been working to locate an elevated water tower in an area along Southlake Blvd. (F.M. 1709) between Carroll Ave. and Kimball Blvd. This water tower and associated water main are needed to increase the pressure in the southeast corner • of the city.. According to Cheatham and Associates this facility is needed now for the S existing developments. As the commercial, industrial, and residential development expands in this area, the need for this facility is increased.. Council has looked at various sites for the water tower, and authorized a contract .be obtained for one of the sites. In order to expedite the design and construction of the facility, Public Works is requesting Council to authorize the engineering be prepared on the 20-inch water main, which will need to be extended from White Chapel Blvd. east on Southlake Blvd. Engineering firm, Cheatham and Associates, has submitted a proposal for providing professional services in connection with the deign of the 20-inch water line extension in this vicinity. The project will include surveying, construction staking, engineering design, bidding and contract administration, periodic visits during construction, and as-builts of the completed construction. It does not include soils testing, other testing outside laboratory services, easement acquisition, and any revisions not specified in the proposal. The total estimated construction cost for the water line project is $530,000. The engineering fee is based upon 6.3% of the construction cost making it $33,390. Surveying fees are estimated at $13,500 and adding the engineering fee of $33,390, the total professional fee becomes $46,890. • _ 4 • Curtis E. Hawk, City Manager Contract With Cheatham and Associates February 15, 1996 Page 2. Staff recommends the Council authorize the Mayor to execute a contract with Cheatham and Associates to provide engineering services for the design of a 20-inch v,�iater main. Please place this on the February 20, 1996 agenda for Council consideration. BW/sm Attachments: Proposal Map wp61 I wpdocs I wthead.mem l agenda 120inwaln.wpd • • • • • • 5 ' , CHEATHAM AND • ASSOCIATES February 14, 1996 Mr. Bob Whitehead Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Proposal for Providing Professional Services in Connection with the Design of Water System Improvements Consisting of 20' Water Line From W. • Chapel to Myron Addition on F.M. 1709 CONSULTANT'S UNDERSTANDING The City of Southlake City is currently experiencing a considerable amount of commercial growth S in the eastern portion of the City. This has placed a burden upon the existing water system, which • could lead to limited water flow, and pressure, in this vicinity. • Therefore, it is proposed that the existing 20" supply line, at White Chapel and F.M. 1709, be extended to the site of a future elevated storage tank in the Myron Addition. The proposed project will consist of the design of this 20" Water Line extension. The project will include the surveying, design, bidding and contract administration of the proposed construction. SCOPE OF SERVICES 1.0 Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. 1.3 Surveying for easement preparation, if required, will also be furnished. (See Item 3.2) 111) ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011 817/548-0696 • Metro 265-8836 • Fax 817/265-8532 • faMr. Bob Whitehead February 14, 1996 City of Southlake Page 2 2.0 Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the water and sewer lines. The design will be in accordance : with applicable state and local regulations. 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice-to-proceed. 2.4 Periodic on-site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting the final inspection and issuance of certificate of completion. 0 3.0 Easements (if required) II) • 3.1 Our firm will conduct the search for deeds and conduct other research at the Tarrant County Courthouse necessary for the, preparation of the required easements. 3.2 We will then prepare the legal (metes &bounds) descriptions of the easements with computer plotting. This work element also includes the surveying work necessary to prepare easements and to tie easements to the base line(s). 3.3 This element includes preparation of the final written easement document and of the accompanying drawing. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, nor participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish full-time on-site construction inspection, but will make periodic visits to the site, and will be available for plan interpretations. • , 0 Mr. Bob Whitehead February 14, 1996 City of Southlake Page 3 FEES We will provide all the services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic 'iisits during construction, and as-built plans. [See Excerpts from the TSPE General Engineering Services Manual on the last two pages.] The attached Curve B from the TSPE Manual indicates a percentage of 6.80% for a $ 530,000 project. However, since our firm is familiar with the City and will not have to obtain a lot of background information prior to design, we can perform the services for a reduced percentage. Therefore, this fee shall be based upon a percentage of 6.3% of the construction cost. Therefore the proposed fees are as follows: *Engineering Fee (Total Estimated Construction Cost of$ 530,000.00) [Based on TSPE Curve A, 6.80% of Engineer's Estimate of Construction Cost, use 6.3%] $ 33,390.00 Surveying Fees [Flat fees based on estimate of S time required times hourly rate for field party] Design Survey $ 8,750.00 Construction Staking 4,750.00 Easement Preparation (if required) [Flat Fees based on estimate of time required times hourly rates for technicians] • Research N/A Documents/drawings/field work _ N/A Total Professional Fees $ 46,890.00 Please note that all direct expenses, such as travel and printing, are included in the above fees. The fees cover only that work specified in the proposal. It does not include; - Soils testing - Other testing involving outside laboratory services Revisions to material prepared beyond that specified in proposal The above listing of services or others not included in the basic fees may be added to our agreement at your request and approval of estimated costs or rates. If any easements are required, we will provide these services for an additional fee which is agreed to by both parties prior to commencement of work. 0 Mr. Bob Whitehead February 14, 1996 • City of Southlake Page 4 TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. GUARANTEE Cheatham& Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, Eddie Cheatham, P.E. f:\word\proposal\southlak\londov.wsi 410 • • • • AUTHORIZATION TO PROCEED: Accepted this day of , 1996 By: Title: • 5 lv , Curve A is intended to apply to assignments of which the following are typical examples: Water, wastewater and industrial waste treatment plants III Low cost, or complicated, waterfront and marine terminal facilities Complicated dams and hydro-power installations Small bridges and bridges which are complicated by involved geo- metrics and unsymmetrical features, or which require location and/or alternate design studies Grade crossing eliminations Urban streets and freeways, including related drainage facilities Water distribution lines under 16-inch diameter Sanitary sewage collection lines under 24-inch diameter - Pumping stations Air pressure tunnels Swimming pools Foundations Curve B is intended to apply to less complicated assignments of which the following are examples: Large intercepting and relief sewers Storm sewers and drains Sanitary sewage collection lines 24-inch diameter and over Water distribution lines 16-inch diameter and over ikew Simple bridges and other structures of straightforward or conven- ptional design Dams of average complexity Airport paving and grading Irrigation works,except pumping plants Railways Levees and flood walls, conventional Sewer and water tunnels(free air) Earthwork and dredging Highways and rural roads, except low-cost rural roads High-cost wharf facilities of conventional design Retaining walls and bulkheads, conventional _ - Roads and streets r ill 57 • 1 e • NOTES: (1) When Construction Cost is under $100,000, use ream- ment may vary above or below the curve, depending upon • bursable basis of compensation. plexity. (2) Construction cost below is the work authorized at one time. (4) Compensation for alteration work should be increased by at However, where the work is to be accomplished in a number of least one-third above the median compensation illustrated. separate construction contracts, then each such project element (5) Curve A and Curve B are consistent with Curve A and Curve B should be evaluated on an individual basis, with additional in Manual 45, published by the American Society of Civil Engi- compensation to the Engineer. neers. New curves will be issued as subsequent revisions are (3) The Basic Charge presented below represents median com- published by ASCE. pensation. The appropriate compensation for any given assign- 14 013 cn 12 O z hulL Wz 11 See USE OF CURVES; page 14 c� 4 a 1111111111 And "TYPICAL EXAMPLES; page 16II III ECD 111 II 10 , ° 9 misiiIII �►GP`F9 m Uhil111__RUIIi11 a '' �Uui11111\ 0\ flII _full111��iIIIIII11 z 0 8 ��IIIIIIIII��. °(/IQ ■\ ,111 nuu11111 UUUi111 W o 7 Miiiiiiiii MNIAMIii.II!!!iiI M. 11 1111111 0 A �II�1II�m .IniC 5 �O�-{{ 4 I . ,,.•, . 0.01 0.05 0.1 0.5 1 5 10 50 100 CONSTRUCTION COST MILLIONS OF DOLLARS - 11101 J I I coo f 1...• 1/E1✓ ' ST 191 k I _ 7.3 k JACK D. tii7 ru k s"` -as jam 1 fD DQN p/fh KuMia JOIINSON n wW a a t..n A:41/ 711m k Y NF EIEYEKTARY -N '• 1„N 111M, _ V u k a ��,�{{�!I c L,I P a =,s 111 =ic 011y ST sk Nry�' _-�1••[� 7„1/ 1s,a 31,710A O,_• 7'7 IiTi: 1�'O ' All - BRI IQ 101 AP' .tl ppRk `E 1a91 k 1 7Au auk t I rHE oil 7u ;1 _ • �II a - -. �_ tm ...ago s,.u, _ m ur•.841 mil ... .. ... s; CAR 0 :1I Ls N tour s R cA Imu ,slit HIAOG . .G R h It g19:�.., 1 ;'� a' r--- s pyy� 0iv. �'c m6 k MI�� mai1 N' I - • LSI ®ie a F.... 31 a./4 ,AINIO ,-7{1AJ�' T •., 71„1 , I. 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RA oN p ION X Y- Y Y SD %L L, X 10 W tl 71 ID7 pi , L1 1 E {y. klE�k lY kGO - _111 yQ0 1 ©e P 000 ,•k a k f,►LU Pl(- ,--141k U J09 k l�s1 ORpN V i y :I V • n D RGH 391 1s1e nu Az ' AD RI/ 1 s m I If U17"• �2°k' 1Sr....:• s'i 1 tt+-fi-4'r}" n0� - o I , __:__ ,, __.----- ...: • RE II: • 511. vM ,;,,, e I m-E{ ®G3t�®1-?4 d177:,•,I�I�F9� /a‘) ..,.,_ - _- _.,,tk W io�r E+ --j m sok M FA �, 5 ©=2 gAl A'': ; 4-1; -. -fr 411111 :, PI i 6. at 5: /k ', • ,, .4 --,cv.:T1' ..4�4 B 1 I. f1QL ED I rl .. 1t • 'Y7 .••a�� ' ''.••�r- •-i•5-f7ti-i m,,,s,' ._ dJ ;j7l' - �E ; 0 183 1/3 1.'1,1.#" 411 1413' I 7: !,'.1'7,, ii.-.-- ".....4 r a. rdef l •N c • 4-: 111k POI' w iiii ::. huo -�-r--r- •__L.• ,- X Wilip ..� �� � ...11 Mi..1a,; 1.W � m ___ •`.,. • III:I1]Tf� ,7 KiVI-_m'r�.0 .mil111 k •/ f!J{� „ • CJg+ram.b^.. .n.;••ta>.:.a•. I w �.c' 1 _ ' ®.CL7 6� r •y'�I` C. , OCR. .LJ. _ w I T 1.3k „ �-t°•'aT. N 1141k ®: MI ©O LJ rr1 ',.4._.el. ;' -- ,R HOLLING3Wien•:1111 F ii. a ..1 163 `f1 1 . HALL MEDLIN : II33/42INK 1 4 WNW P9 fRWlS�®f�0 DIE*a(E(� 9 k I� I COL?" 7n I,I ,.., • a 7 1 ?AN 51 J� IOw!i r'� �I�l�'�I•! —I• . moo t .04101> J� I `,"•"hJ k. INp�yTRIAL Fir ,,,,„\, E � _- Cie lam k ..1 n,14 I tl 111 I 0 A' City of Southlake, Texas MEMORANDUM February 13, 1996 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Director of Parks and Recreation SUBJECT: Annual Facilities Utilization Agreements Each year the City of Southlake negotiates agreements with the Southlake Sport Associations for city facilities games and practice times for their associations. The Parks and Recreation Board recommended the following agreements Monday, February 12, for the Southlake Baseball Association, the Southlake Girls Softball Association, the Grapevine-Southlake Soccer Association, the Southlake Select Baseball and the Southlake Athletic Soccer Association. These annual agreements outline insurance, liability and rules required to conduct their programs on the city facilities. Debra Drayovich, City Attorney has reviewed these agreements and changes have been made accordingly. Kathy Schaeffer, Recreation Supervisor, has been working with the associations since November to develop these agreements. Any questions you may have please call Ms Schaeffer at 481-5581 ext 772. Please put these agreements on the February 20, City Council agenda for consideration. • KM J L • FACILITIES UTILIZATION AGREEMENT The parties to this agreement are the City of Southlake, Texas, herein called "City", and the Grapevine-Southlake Soccer Association, herein called "GSSA". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide game fields and practice fields as defined by Exhibit "D", GSSA Field requirements. Field requirements and dates for Spring and Fall seasons shall be provided by GSSA to City at least 90 days prior to opening day of a season. Facilities in Exhibit "D" are herein called "Premises" in accordance with the terms of this agreement. II. SEASONS AND HOURS The seasons of this agreement shall be annually for Spring Season, Fall Season and tournaments on the days of Monday through Saturday, with each facility usage to not begin before 4:00 PM on weekdays or 8:00 AM on Saturdays. The following are approximate dates for significant activities: t Spring Fall Practice Begins February 6 Last week of August Opening Day March 2 First Saturday, September End of Regular Season Last weekend in April Second Saturday, November Tournament Play April 29 thru May 4 Challenge Tournament June 7-9 III. RENEWAL OR TERMINATION This agreement must be renewed on an annual basis on January 1 of each year, with GSSA having the right of first refusal to enter into a new agreement. Changes in the agreement must be requested 90 days prior to the renewal date by either party. Written notification by the City must be provided to the President of GSSA at their residence. Written notification by GSSA must be provided to the City Manager, City of Southlake at City Hall. In the event GSSA terminates this agreement, GSSA will remove its own movable equipment which is not of a permanent nature upon non- renewal of this agreement within thirty (30) days. S Rev. Date 2/5/96 Print Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 1 OF 12 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION N5,,d_,72 IV. FEES AND ASSIGNMENT S GSSA shall not charge anyfees forwithout pri or admission p or approval of the Parks and Recreation Board for any event. (Example: approved tournaments) GSSA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. GSSA agrees to provide signs clearly indicating donations are requested only for the GSSA activity occurring on Premises. Access to other Premises activities shall be clearly available. GSSA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. V. UNLAWFUL ACTIVITIES GSSA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. VI. PERMISSION FOR INSTALLATION OR CONSTRUCTION GSSA, in accordance with the City's Donation Policy shall submit to the Parks and Recreation Board for approval any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. Permanent structures shall become the property of the City. GSSA is allowed a maximum of two (2) signs • listing GSSA sponsors for the current and previous year. Signs are not to exceed the size of (4 feet by 8 feet). VII. INDEMNITY GSSA shall indemnify and hold harmless the City of Southlake, its agents, officials and employees from any and all claims for bodily injury, illness, death, personal injury or property damage arising out of any negligent act or omission committed by GSSA officials, players, members, officers, or employees of the City in connection with the activities conducted under this Agreement. This indemnification shall specifically include any claims arising from the negligence of the City, its agents, officials and employees. Nothing contained herein shall be construed to limit or waive any governmental or sovereign immunity of the City of Southlake or any immunity applicable to its officers, agents, servants or employees, nor shall it be construed to limit or waive any insurance coverage or the City's status as an additional named insured as provided in paragraph XII of this agreement. Rev.Date 2/5/960 FACILITIES UTILIZATION AGREEMENT PAGE 2 OF 12 Print Date 2/5/96 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION 5 3 VIII. FOOD SERVICE • All food or drink prepared, served, sold, or stored shall be done so in strict conformity with all city, state, county and federal law. IX. DOCUMENTS AND OFFICERS GSSA shall submit to the Southlake Parks and Recreation Department a copy of rules and regulations, charters, constitution, and by-laws of GSSA. Names, addresses and phone numbers of all officers and board members of GSSA shall also be submitted to the Parks and Recreation Department within two weeks after election or appointment. Southlake Parks and Recreation Department shall submit to GSSA the Names, addresses and phone numbers of all Parks and Recreation Department supervisors and directors and Parks Board members within two weeks after election or appointment. X. ROSTERS AND SCHEDULES GSSA shall furnish the Parks and Recreation Department the number of players by age and division and zip code within one week following Opening Day of each season. A full schedule for the season will be submitted, if available one full week prior to S Opening Day of each season. If full schedule is not available, GSSA will submit one month's schedule, one full week prior to those scheduled games. Xl. FIELD MANAGER GSSA shall furnish the Parks and Recreation Department the names and telephone numbers of persons designated as field managers. It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Department representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Department to request any maintenance not specifically mentioned within this agreement and/or needed repairs or supplies. The GSSA Field Manager shall meet before each season with the Parks Supervisor to be briefed on maintenance procedures and techniques. XII. INSURANCE GSSA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect GSSA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for S Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 3 OF 12 Print Date 2/5/96 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION 5d- . • ® injuries suffered by competitors in the organized athletic activity. The insurance shall protect CITY from and against all liability for claims arising out of or in connection with GSSA's use and occupation of the premises. GSSA agrees to procure insurance to cover accident medical expenses for all players. This insurance benefit will be designed to pay the excess of any expenses payable by other valid and collectible insurance to an insured person for an injury caused by a covered accident. Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1 ,000,000 - Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage, or on a Per Occurrence Basis. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake, for their adequacy as to content, protection and named insurance company. GSSA shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by GSSA at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. GSSA understands and agrees that it has the sole • responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be a cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. GSSA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. XIII. LIMIT ON HOURS OF PLAY GSSA agrees to stop play by 11 :00 PM. Special circumstance for tournament play may be negotiated with city staff. No full inning or session should begin past 10:30 PM. S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 4 OF 12 Print Date 2/5/96 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION J/.J_ XIV. COMMISSIONER ® GSSA agrees toprovide a league representative on-site at each GSSA organized 9 9 P 9 league or tournament game held on the premises. XV. EXHIBITS The City and GSSA agree that the exhibits attached to this agreement are incorporated into this agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. STORAGE FACILITIES AGREEMENT "C" City Storage Location Assignments 4. GSSA FIELD REQUIREMENTS "D" 1996 Field Requirements 411 XVI. SCHEDULING The City reserves the right to utilize the premises when GSSA activities are not scheduled. If GSSA fails to use the premises for its scheduled activities, this agreement is terminated. XVII. DEFAULT If either party, City or GSSA, violates any term of this agreement, either party may find the other in default and terminate the agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. ® Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 5 OF 12 Print Date 2/5/96 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION This agreement is made and entered into on the day of _ , • 1996. CITY of SOUTHLAKE by: Sandra LeGrand, City Secretary Gary Fickes, Mayor City of Southlake Approved as to form John Levitt, President City Attorney Grapevine-Southlake Soccer Association This agreement approved by the Board of Directors, Grapevine-Southlake Soccer Association, and entered into the minutes of the Board meeting held , 1996. III Secretary Grapevine-Southlake Soccer Association S Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 6 OF 12 Print Date 2/5/96 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION .5- 7 EXHIBIT "A" ® MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The Parks and Recreation Department (City) shall maintain at competition quality all turf areas to include mowing, weed control, fertilizing and herbicide spraying. 2. The City shall perform all pre-season turf maintenance to include top dressing and cutting field marking lines. 3. The City shall mark field lines when necessary for scheduled league play. 4. The City shall provide line chalk/paint for completing markings only on fields maintained and scheduled through the City. GSSA shall provide line chalk/paint for its own additional uses and may line fields as needed in addition to the above. 5. The City shall maintain all goals and fences in a safe and secure condition. 6. The City shall maintain all bleachers and benches in a safe and secure condition. 7. The City shall be responsible for the maintenance of any turf irrigation system and watering of the field. S 8. The City shall be responsible for the maintenance of any adjacent park irrigation systems and the watering of non-athletic turf areas. 9. The City shall maintain the rest rooms in a safe and sanitary condition. 10.The City will install and maintain goals. The Association is responsible for goal nets. 11.GSSA shall be responsible for daily practice and game day collection of all litter on their fields to include playing areas, fences, bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the City. The City shall provide pick up for these receptacles. Any overflow trash resulting from concession use should be placed in the "dumpster" receptacle. 12.GSSA shall be prohibited from performing any maintenance to any turf areas without permission from the City. 13. GSSA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this agreement. S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 7 OF 12 Print Date 2/5/96 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION EXHIBIT "B" iFIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) 1. The City will inspect Athletic Fields by 4:00 PM and will, if conditions warrant, consult with the appropriate GSSA Field Manager, Commissioner, or their designate, about the status of the field(s). 2. The Parks and Recreation Department representative will take responsibility for making a decision based upon field condition or weather. No games will be postponed or canceled prior to 4:00 PM without the agreement of GSSA representative. S3. After games have begun and inclement weather becomes a factor, the umpires and/or GSSA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. Inspect Athletic Fields by 4:00 PM on Friday. 2. Parks Department employee shall consult with the GSSA Field Manager about the status of the fields. Saturday games will not be canceled on Friday without agreement of the GSSA Field Manager. 3. If a decision at 4:00 PM Friday is not possible, a Parks Department employee will monitor the weather and field conditions, arrive at the fields by 7:30 am Saturday morning with GSSA Field Manager, or their designate, to make decisions on field conditions. Saturday PM games will not be called prior to Noon Saturday without agreement of the GSSA Field Manager. fibRev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 8 OF 12 Print Date 2/5/96 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION • • 0 CITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Supervisor responsible for athletic field maintenance, while working closely with the GSSA representative. 2. In the Parks Supervisor's absence, the Park Maintenance Team Leader shall make the decision concerning Athletic Field Closures. 3. The Park Maintenance Team Leader shall consult with the Parks Supervisor on any decision concerning athletic field closures. 4. In the absence of both the Parks Supervisor and the Park Maintenance Team Leader, a person designated by the Parks Director shall make decisions concerning athletic field closures. NOTIFICATIONS 1. The appropriate GSSA Field Manager has the responsibility to notify the GSSA and the participants about the field closure decision. ® 2. The city staff will place notification of field conditions on the "field condition" phone line (481-5581 ext. 758 ) by 4:00 PM on weekdays and 9:00 am on weekends when activities are scheduled. 3. The maintenance crews will require a minimum of 12 hours prior notice of rescheduled games by GSSA. 4. Associations are required to comply with and enforce all field signage posted on the fields to include the following "No Trespass" signage: a) Fields #1 thru #7 "Entry beyond this point is forbidden except for persons in City-Sponsored Leagues or City Co-Sponsored athletic events. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) b) Fields #8 and #9 • "Game Field Only - Entry upon this field is restricted to City Sponsored League Play or City Co-sponsored Athletic Events. Entry by others is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) 0 Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 9 OF 12 Print Date 2/5/96 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION • c) Rain-outs "CLOSED FIELD - Entry upon this field is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) • • Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 10 OF 12 Print Date 2/5/96 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION EXHIBIT "C" STORAGE FACILITIES AGREEMENT • 1. No facilities currently assigned or requested. S S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 11 OF 12 Print Date 2/5/96 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION DRAFT DRAFT EXHIBIT "D" 1996 FIELD REQUIREMENTS III SPRING Division Opening Estimated League Weeks of Weeks of Practices Day Teams Games Season Tournament per Week U6 3/2/96 45 U8 3/2/96 50 U 10 3/2/96 30 U12 3/2/96 21 U14 3/2/96 8 U16 3/2/96 3 FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bicentennial Soccer #1 ,2, 3 & 5 2/6/96 thru 5/4/96 No games or practices 6/6/96 thru 6/9/96 on 5/1 1/96 Bicentennial Soccer #6-8 2/6/96 thru 5/4/96 1111 6/6/96 thru 6/9/96 Carroll Elementary School 2/6/96 thru 5/4/96 Soccer Practice Area 6/6/96 thru 6/9/96 Johnson Elementary School 2/6/96 thru 5/4/96 Soccer Practice Area 6/6/96 thru 6/9/96 West Beach Practice Fields 2/6/96 thru 5/4/96 6/6/96 thru 6/9/96 • Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 12 OF 12 Print Date 2/5/96 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION j/j— /3 GSSA FIELD RESERVATION SCI-HEDULE SPRING 1996 DATES TIME ennial Park Soccer Fields # 1-3& 5 2/6-5/4 & 6/6-6/9 M-F 4pm-dark Sat. & Sun Sam-dark Bicentennial Park Soccer Fields # 6-8 2/6-5-4 & 6/6-6/9 M-F 4pm-dark Sat. & Sun Sam-dark Carroll Elementary School Soccer 2/6-5/4 & 6/6-6/9 M-F 4pm-dark Practice Area Sat. & Sun 8am-dark Johnson Elementary School Soccer 2/6-5/4 & 6/6-6/9 M-F 4pm-dark Practice Area Sat. & Sun 8am-dark Possible West Beach Practice Fields 2/6-5/4 M-F 4pm-dark Sat. & Sun 8am-dark SATURDAY MAY 11TH-NO FIELD USE AT BICENTENNIAL PARK ON FIELDS #1 THRU #5 S S FACILITIES UTILIZATION AGREEMENT 0 The parties to this agreement are the City of Southlake, Texas, herein called "City", and the Southlake Baseball Association, herein called "SBA". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide game fields and practice fields as defined by Exhibit "E", SBA Field requirements. Field requirements and dates for Spring and Fall seasons shall be provided by SBA to City at least 90 days prior to opening day of a season. Facilities in Exhibit "E" are herein called "Premises" in accordance with the terms of this agreement. II. SEASONS AND HOURS The seasons of this agreement shall be annually for Spring Season, Fall Season and All Stars on the days of Monday through Saturday, with each facility usage to not begin before 4:00 PM on weekdays or 8:00 AM on Saturdays. The'following are approximate dates for significant activities: S Spring Fall Coach Look All Saturdays, February Third Saturday, August Practice Begins First week of March Last week of August Opening Day: Bronco, Pony, Shetland Pinto, Mustang Last Saturday in March First Saturday, September Colt, Palomino Close of school year First Saturday, September End of Regular Season Last day in May First Saturday, November End of Tournaments Third Saturday June Second Saturday, November All Stars June, July, first week of August The facilities provided by this agreement are herein called "Premises" in accordance with the terms of this agreement. S Rev. Date 2/5/96 Print Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 1 OF 16 SOUTHLAKE BASEBALL ASSOCIATION, INC III. RENEWAL OR TERMINATION S This agreement must be renewed on an annual basis on January 1 of each year, with SBA having the right of first refusal to enter into a new agreement. Changes in the agreement must be requested 90 days prior to the renewal date by either party. Written notification by the City must be provided to the President of SBA at their residence. Written notification by SBA must be provided to the City Manager, City of Southlake at City Hall. In the event SBA terminates this agreement, SBA will remove its own movable equipment which is not of a permanent nature upon non-renewal of this agreement within thirty (30) days. IV. FEES AND ASSIGNMENT SBA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) SBA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. SBA agrees to provide signs clearly indicating donations are requested only for the SBA activity occurring on Premises. Access to other Premises activities shall be clearly available. SBA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. V. UNLAWFUL ACTIVITIES III SBA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. VI. PERMISSION FOR INSTALLATION OR CONSTRUCTION SBA, in accordance with the City's Donation Policy shall submit to the Parks and Recreation Board for approval any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. Permanent structures shall become the property of the City. SBA is allowed a maximum of two (2) signs listing SBA sponsors for the current and previous year. Signs are not to exceed the size of (4 feet by 8 feet). VII. INDEMNITY SBA shall indemnify and hold harmless the City of Southlake, its agents, officials and employees from any and all claims for bodily injury, illness, death, personal injury or property damage arising out of any negligent act or omission committed by SBA officials, players, members, officers, or employees of the City in connection with the activities conducted under this Agreement. This indemnification shall specifically ® Rev. Date 2/5/96 Print Date 2/5/96FACILITIES UTILIZATION AGREEMENT PAGE 2 OF 16 SOUTHLAKE BASEBALL ASSOCIATION. INC. j,(2 3. include any claims arising from the negligence of the City, its agents, officials and employees. S Nothing contained herein shall be construed to limit or waive any governmental or sovereign immunity of the City of Southlake or any immunity applicable to its officers, agents, servants or employees, nor shall it be construed to limit or waive any insurance coverage or the City's status as an additional named insured as provided in paragraph XII of this agreement. VIII. FOOD SERVICE All food or drink prepared, served, sold, or stored shall be done so in strict conformity with all city, state, county and federal law. See attachment "F" for concession stand uses. IX. DOCUMENTS AND OFFICERS SBA shall submit to the Southlake Parks and Recreation Department a copy of rules and regulations, charters, constitution, and by-laws of SBA. Names, addresses and phone numbers of all officers and board members of SBA shall also be submitted to the Parks and Recreation Department within two weeks after election or appointment. Southlake Parks and Recreation Department shall submit to SBA the Names, addresses and phone numbers of all Parks and Recreation Department supervisors and managers and Parks Board members within two weeks after election or Sappointment. X. ROSTERS AND SCHEDULES SBA shall furnish the Parks and Recreation Department the number of players by age and division and zip code within one week following Opening Day of each season. A full schedule for the season will be submitted, if available one full week prior to Opening Day of each season. If full schedule is not available, SBA will submit one month's schedule, one full week prior to those scheduled games. XI. FIELD MANAGER SBA shall furnish the Parks and Recreation Department the names and telephone numbers of persons designated as field managers. It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Department representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Department to request any maintenance not specifically mentioned within this agreement and/or needed repairs or supplies. The SBA Field Manager shall meet before each season with the Parks Supervisor to be briefed on maintenance procedures and techniques. Rev.Date 2/5/96110 FACILITIES UTILIZATION AGREEMENT PAGE 3 OF 16 Print Date 2/5/96 SOUTHLAKE BASEBALL ASSOCIATION, INC. XII. INSURANCE SBA at its own expense, shall obtain and keep in force during the term of this S agreement public liability insurance as will protect SBA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall protect CITY from and against all liability for claims arising out of or in connection with SBA's use and occupation of the premises. SBA agrees to procure insurance to cover accident medial expenses for all players. This insurance benefit will be designed to pay the excess of any expenses payable by other valid and collectible insurance to an insured person for an injury caused by a covered accident. Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and limit of insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1 ,000,000-Combined Single Limit Coverage Public Liability For Bodily Injury and Property Damage, or 0 On a Per Occurrence Basis All insurance policies shall be subject to the examination and approval of the Office of the City Manager for Southlake, for their adequacy as to content, protection and named insurance company. SBA shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by SBA at the City of Southlake Park Facilities, whichever comes first. SBA understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under this Article shall be a cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. SBA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. ® Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 4 OF 16 Print Date 2/5/96 SOUTHLAKE BASEBALL ASSOCIATION, INC. B. Be provided with a waiver of subrogation, in its favor SBA agrees to procure insurance to cover accident medical expenses for all players. III This insurance benefit will be designed to pay the excess of any expenses payable by other valid and collectible insurance to an insured person for an injury caused by a covered accident. XIII. LIMIT ON HOURS OF PLAY SBA agrees to stop play by 11 :00 PM. Special circumstance for tournament play may be negotiated with city staff. No full inning or session should begin past 10:30 PM. XIV. COMMISSIONER SBA agrees to provide a league representative on-site at each SBA organized league or tournament game held on the premises. XV. EXHIBITS The City and SBA agree that the exhibits attached to this agreement are incorporated into this agreement as if set out in their entirety. Exhibits included are: Si. MAINTENANCE EXHIBITS . "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. STORAGE FACILITIES AGREEMENT "C" City Storage Location Assignments 4. EQUIPMENT AGREEMENT "D" 1996 Equipment List and Requirements 5. SBA FIELD REQUIREMENTS "E" 1996 Field Requirements 6. Concession Stand "F" 1996 Concession • XVI. SCHEDULING The City reserves the right to utilize the premises when SBA activities are not scheduled. If SBA fails to use the premises for its scheduled activities, this agreement is terminated. ® Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 5 OF 16 Print Date 2/5/96 SOUTHLAKE BASEBALL ASSOCIATION, INC. XVII. DEFAULT If either party, City or SBA, violates any term of this agreement, either party may find III the other in default and terminate the agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. This agreement is made and entered into on the day of , 1996. CITY of SOUTHLAKE by: Sandra LeGrand, City Secretary Gary Fickes, Mayor City of Southlake Approved as to form Cliff Wall, President City Attorney Southlake Baseball Association This agreement approved by the Board of Directors, Southlake Baseball Association, and entered into the minutes of the Board meeting held , 1996. • . Secretary Southlake Baseball Association . S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 6 OF 16 Print Date 2/5/96 SOUTHLAKE BASEBALL ASSOCIATION,INC. —36 . EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS III 1. The Parks and Recreation Department (City) shall maintain at competition quality the infield and all turf areas in the outfield to include mowing, weed control, . fertilizing and herbicide spraying. . 2. The City shall perform all pre-season clay and turf maintenance to include adding soil conditioners, clay renovation, and cutting infield arcs and base paths. The City shall build the pitcher's mound if needed. The City shall also provide clay, sand, soil, etc. to be used in leveling or back filling low areas when deemed necessary. 3. The City shall drag the infields Monday through Friday and on Saturday morning when necessary for scheduled league play, weather permitting. The City shall drag fields between alternate games on Saturdays. SBA shall apply water and re-stripe as required during alternate Saturday games. 4. The City shall mark all foul lines. 5. The City shall maintain all backstops, fences and gates in a safe and secure condition. SBA will ensure that the fencing will not be used for warm-up hitting causing damage. 6. The City shall maintain all bleachers and dugouts in a safe and secure condition. ilo7. The City shall provide and maintain all area and ball field lighting systems. 8. The City shall be responsible for the maintenance of any infield irrigation system and watering of the infield. If field conditions warrant additional watering, SBA may water as needed. City will provide the quick coupler connections to Association at the beginning of the season. • 9. The City shall be responsible for the maintenance of any outfield and adjacent park irrigation systems and the watering of the outfield and of non-athletic turf areas. 10.The City shall maintain the rest rooms in a safe and sanitary condition. S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 7 OF 16 Print Date 2/5/96 SOUTHLAKE BASEBALL ASSOCIATION, INC. 11.The City shall be responsible for all public scoreboards and the lines leading to the scoreboards. SBA on Fields #4 thru #9 shall maintain and provide any repairs to the scoreboard control boxes. Scoreboard control boxes will be distributed through III the Parks and Recreation office before the activity or season begins. All users on Fields #4 thru #9 other than SBA will be required to submit a $250 deposit for each box. On Fields #1 thru #3 SBA needs to submit a $250 security deposit on each control box for each field. The security deposit is refundable if the control box is returned in good working condition. Payment of the security deposit does not release the user from responsibility for damages. Any damages incurred resulting in a repair fee equal to an amount greater than the deposit will be charged to the user. Boxes are to be returned to the Parks and Recreation office within one week of the activity or season's completion. Boxes are to be stored in the concession stand storage area. 12.The City shall provide and install the home plate and base pegs. 13.The City shall be responsible for chalking of baselines and any other field markings necessary for scheduled league play, Monday through Friday and Saturday mornings. The City shall provide line chalk for the purposes of completing these markings only on fields maintained and scheduled through the City. SBA may drag and line fields between games as necessary. SBA shall provide line chalk for its own additional uses and may line fields as needed in addition to the above. SBA shall provide necessary maintenance equipment for its use. Maintenance procedures and equipment should conform to City approval and field maintenance Ili guidelines. 14.SBA shall place bases and pitchers rubbers for each game. (City will provide one set of bases and one pitcher's rubber for each field. Bases will be labeled City-SBA or City-SGSA) The City will install and maintain base pegs in ground, and provide necessary tools. If the bases are stolen or lost, the association is responsible for replacement. For Shetland division, the first base is to be a league approved double base. SBA will request and instruct coaches to remove and store bases and pitching rubber following completion of each day's play. At the end of the season each association will return one set of bases and pitching rubber for each field. 15.SBA shall be responsible for daily game day collection of all litter on their fields to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the City. The City shall provide pick up for these receptacles. 16.SBA shall be prohibited from performing any maintenance to any turf or infield areas (except as stated in #13 above), without permission from the City. 0 Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 8 OF 16 Print Date 2/5/96 SOUTHLAKE BASEBALL ASSOCIATION, INC. 17.SBA shall ensure that all secured areas remain locked and/or are locked at the completion of each activity. The City will provide the Fields Manager keys necessary for emergency access to main gate(s) and to all field gates. 1111 18.SBA will necessary all provide maintenance equipment, used for its purposes, not specifically named in this agreement. • 410 • Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 9 OF 16 Print Date 2/5/96 SOUTHLAKE BASEBALL ASSOCIATION, INC. EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT IIIReasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures . (Weekdays) 1. The City will inspect Athletic Fields by 4:00 PM and will, if conditions warrant, consult with the appropriate SBA Field Manager, Commissioner, or their designate, about the status of the field(s). 2. The Parks and Recreation Department representative will take responsibility for making a decision based upon field condition or weather. No games will be . postponed or canceled prior to 4:00 PM without the agreement of SBA representative. 3. After games have begun and inclement weather becomes a factor, the umpires ® and/or SBA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. Inspect Athletic Fields by 4:00 PM on Friday. 2. Parks Department employee shall consult with the SBA Field Manager about the status of the fields. Saturday games will not be canceled on Friday without agreement of the SBA Field Manager. 3. If a decision at 4:00 PM Friday is not possible, a Parks Department employee will monitor the weather and field conditions, arrive at the fields by 7:30 am Saturday morning with SBA Field Manager, or their designate, to make decisions on field conditions. Saturday PM games will not be called prior to Noon Saturday without agreement of the SBA Field Manager. S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 10 OF 16 Print Date 2/5/96 SOUTHLAKE BASEBALL ASSOCIATION, INC. • CITY Staff Guidelines for Implementation • 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Supervisor responsible for athletic field maintenance, while working closely with the SBA representative. 2. In the Parks Supervisor's absence, the Park Maintenance Team Leader shall make the decision concerning Athletic Field Closures. 3. The Park Maintenance Team Leader shall consult with the Parks Supervisor on any decision concerning athletic field closures. 4. In the absence of both the Parks Supervisor and the Park Team Leader, a person designated by the Paks Director shall make decisions concerning athletic field closures. NOTIFICATIONS 1. The appropriate SBA Field Manager has the responsibility to notify the SBA and the participants about the field closure decision. 2. The city staff will place notification of field conditions on the "field condition" phone line (481-5581 ext. 758 ) by 4:00 PM on weekdays and 9:00 am on weekends when 411 activities are scheduled. 3. The maintenance crews will require a minimum of 12 hours prior notice of rescheduled games by SBA. 4. Associations are required to comply with and enforce all field signage posted on the fields to include the following "No Trespass" signage: a) Fields #1 thru #7 "Entry beyond this point is forbidden except for persons in City-Sponsored Leagues or City Co-Sponsored athletic events. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) b) Fields #8 and #9 "Game Field Only - Entry upon this field is restricted to City Sponsored League Play or City Co-sponsored Athletic Events. Entry by others is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) S Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 11 OF 16 Print Date 2/5/96 SOUTHLAKE BASEBALL ASSOCIATION, INC. c) Rain-outs "CLOSED FIELD - Entry upon this field is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) • • • • Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 12 OF 16 Print Date 2/5/96 SOUTHLAKE BASEBALL ASSOCIATION, INC. • EXHIBIT "C" STORAGE FACILITIES AGREEMENT 1. . SBA shall have use of the storage area located at the new concession building. • 2. The term of this agreement for storage usage shall be from January 1 through December 31 of each year of the Facilities Agreement. 3. The City will check out a key to SBA at the beginning of the season and the key must be returned to the Parks and Recreation office within the first week after the conclusion of the season. 4. City storage areas are reserved for City purposes only and access is limited to City personnel. • • Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 13 OF 16 Print Date 2/5/96 SOUTHLAKE BASEBALL ASSOCIATION, INC. EXHIBIT "D" 1996 EQUIPMENT LIST AND REQUIREMENTS 1. The SBA will be given the following equipment for use on Fields #1 thru 9 at • Bicentennial Park: 1 set of Hollywood style bases for each field 1 official size steel reinforced pitching rubber for each field 2 little league size pitching rubbers with spikes 2 Double Hollywood style first bases for Pinto Fields 1 base peg clean-out tools for each field 1 4X4 board for placing rubbers 2. The above mentioned equipment will be distributed to SBA at the start of the season and must be returned within one week of the end of the season. If any equipment is missing or damaged, SBA is held responsible for the replacement of the missing or damaged equipment. 3. Keys will be distributed to SBA at the beginning of the season to the main gates, fields and buildings. These keys must be returned to the parks and recreation office within one week of the conclusion of the season. 4. SBA is responsible for the care of all keys distributed to them. If a key is misplaced or lost, SBA will be responsible for any costs involved with changing the locks. S • • Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 14 OF 16 Print Date 2/5/96 SOUTHLAKE BASEBALL ASSOCIATION, INC. • EXHIBIT "E" 1996 FIELD REQUIREMENTS SPRING - • Division Opening Estimated League Weeks of Weeks of Practices Day Teams Games Season Tournament per Week SHETLAND 3/30/96 14 8 8 2 1 PINTO 3/30/96 20 12 9 2 1 .5 MUSTANG 3/30/96 18 14 9 2 1 .5 BRONCO 3/25/96 13 16 10 2 2 PONY 3/25/96 12 18 10 2 2 COLT 6/1/96 3 16 8 2 1 FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bicentennial #1 2/10, 2/17, 2/24 2/25 thru 6/29 Bicentennial #2 2/10, 2/24 2/25 thru 6/29 Bicentennial #3 2/10, 2/24 Pinto #4 2/10, 2/17, 2/24 thru 6/29 3/25,thru 6/30 Pinto #5 2/10, 2/17, 2/24 thru 6/29 3/25 thru 6/30 Bicentennial #6 2/25 thru 6/29 3/25 thru 6/30 NO GAMES ON 5/11/96 Bicentennial #7 2/25 thru 6/29 3/25 thru 6/30 NO GAMES ON 5/11/96 Bicentennial #8 Games Only-No Practice 3/25 thru 6/30 NO GAMES ON 5/11/96 Bicentennial #9 Games Only-No Practice • 3/25 thru 6/30 NO GAMES ON 5/11/96 Middle School 2/10, 2/17, 2/24 thru 7/15 3/25 thru 7/15 Intermediate School 2/25-6/17 Country Walk 2/25 thru 6/17 #1 , 2 &4 • Rev. Date 2J5/96 FACILITIES UTILIZATION AGREEMENT PAGE 15 OF 16 Print Date 2/5/96 SOUTHLAKE BASEBALL ASSOCIATION,INC EXHIBIT "F" - 1996 CONCESSION AGREEMENT The parties to this request which are in understanding and agreement are the City of Southlake, Texas, herein called "City", and the Southlake Baseball Association, herein called "SBA." he parties agree and understand to the following: 0 1. SBA will enter into an agreement for concession profit or loss share with the Southlake Girl's Softball Association before keys for the concession stand are distributed to SBA. The agreement between associations will be a part of this agreement. 2. SBA will at all times during the term of this agreement maintain the concession stand in a sanitary manner in compliance with City, County and State statutes and ordinances. 3. SBA is responsible to ensure that the concession would pass inspection by the County Health. Department and that any health permit issued be posted in the concession stand. 4. SBA shall clear the area of all trash, garbage, paper, containers, litter, etc. generated by the concession stand. A dumpster and trash receptacles are furnished by the City. 5. SBA shall furnish the City with one key for the concession storage before operations begin. This area has breakers and lights that City maintenance will need to access time to time. The City will furnish SBA one key to the concession stand. This key must be returned to the Parks and Recreation office within one week after the conclusion of the season. 6. The City shall be responsible for all water and electric bills for the concessions stand. 7. The City shall be responsible for underground utility line and pipes leading to and from the concession stand. The City is responsible for the building structure of the concession stand. The City shall be responsible for any mechanical maintenance or repairs on city owned equipment within the concession stand. 8. SBA shall be responsible for keeping on only the essential appliances during non-operating hours. Only refrigerators, freezers and ice machines may be left on. Air conditioners and lights shall be turned 11111 off when not in use. SBA shall be responsible for the upkeep and maintenance of SBA owned equipment. . SBA shall be responsible for securing insurance for any inventory owned by Association. The City will not allow unsupervised admission to the concession stand during non use hours by SBA. 10.The City Reserves the right to utilize the concession stand when not in use by SBA. City agrees to provide two week notice to SBA prior to such use. 11.The City agrees to not allow harvesting of the ice machine on days with scheduled SBA games. 12.The attachment "1996 Concessions Agreement, Southlake Baseball Association & Southlake Girl's Softball Association" is part of this agreement. Term of this agreement is from March 25, 1996 to November 11 , 1996. Read understood and agreed by: CITY OF SOUTHLAKE SOUTHLAKE BASEBALL ASSOCIATION Curtis E. Hawk, City Manager Cliff Wall, President Date Date • ID Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 16 OF 16 Print Date 2/5/96 SOUTHLAKE BASEBALL ASSOCIATTIIIOON, INC.. liAJLIS LL 1' IL LU KLJLKVA I IU.N JLIILUl'LL SPRING 1996 FIELD DATES TIME Bicentennial Park Field #1 2/10, 2/24 12pm-1 1 pm Sentennial Park Field #2 2/10, 2/24 12pm-1 1 pm 2/17 8am-I l pm 2/25-4/3 M, W, F 4pm-l 1 pm 2/25-3/29 Saturdays 8am-1 1 pm Sundays 8am-lpm 4/4-6/29 Wednesdays 4pm-1 1 pm No field usage on Th/F (4/4-6/13) Bicentennial Park Field #3 2/10, 2/24 12pm-1 1 pm 2/25-6/29 M, W, F 4pm-1 1pm 2/25-3/29 . Saturdays 8am-1 1pm Sunday's 8am-lpm Bicentennial Park Field #4 2/10, 2/17 8am-dark 2/24-6/30 M-F 4pm-dark Sat. & Sun. 8am-dark Bicentennial Park Field #5 2/10, 2/17 8am-dark 2/24-6/30 M-F 4pm-dark Sat. & Sun. 8am-dark Sntennial Park Field #6 2/10, 2/17, 2/24 Sam-I 1 pm 2/25-6/29 M-F 4pm-l 1 pm Sat. & Sun. Sam-I l pm Bicentennial Park Field #7 2/10, 2/17, 2/24 Sam-I 1 pm 2/25-6/29 M-F 4pm-1 1 pm Sat. & Sun. 8am-11pm Bicentennial Park Field #8 3/25-6/30 M-F 4pm-1 1 pm Games Only Sat. & Sun. 8am-11pm Bicentennial Park Field #9 3/25-6/30 M-F 4pm-1 1 pm Games Only • Sat. & Sun. 8am-1 1 pm Carroll Intermediate Game Field 2/25-6/17 T/Th 4pm-dark Country Walk Field #1, 3 & 4 2/25-6/17 M-F 4pm-dark Sat. & Sun. 8am-dark C 11 Middle School 2/10, 2/17 M-F 4pm-dark 11 Field 2/24-7/15 Sat. & Sun. 8am-dark SATURDAY MAY 11TH-NO FIELD USE ON BICENTENNIAL PARK FIELD #6 THRU #9 FACILITIES UTILIZATION AGREEMENT III The parties to this agreement are the City of Southlake, Texas, herein called "City", and the Southlake Athletic Soccer Club, herein called "SASC". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide game fields and practice fields as defined by Exhibit "D", SASC Field requirements. Field requirements and dates for Spring and Fall seasons shall be provided by SASC to City at least 90 days prior to opening day of a season. Facilities in Exhibit "D" are herein called "Premises" in accordance with the terms of this agreement. II. SEASONS AND HOURS The seasons of this agreement shall be annually for Spring Season, Fall Season and tournaments on the days of Monday through Saturday, with each facility usage to not begin before 4:00 PM on weekdays or 8:00 AM on Saturdays. IIIThe following are approximate dates for significant activities: Spring Fall Practice Begins February 10 July 1 League Play Ends May 31 December 31 III. RENEWAL OR TERMINATION This agreement must be renewed on an annual basis on January 1 of each year, with SASC having the right of first refusal to enter into a new agreement. Changes'in the agreement must be requested 90 days prior to the renewal date by either party. Written notification by the City must be provided to the President of SASC at their residence. Written notification by SASC must be provided to the City Manager, City of Southlake at City Hall. In the event SASC terminates this agreement, SASC will remove its own movable equipment which is not of a permanent nature upon non- renewal of this agreement within thirty (30) days. Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT0 PAGE 1 OF 12 Print Date 2/5/96 SOUTHLAKE ATHLETIC SOCCER CLUB '56 /( IV. FEES AND ASSIGNMENT IllSASC shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) SASC reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. SASC agrees to provide signs clearly indicating donations are requested only for the SASC activity occurring on Premises. Access to other Premises activities shall be clearly available. SASC shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. V. UNLAWFUL ACTIVITIES SASC shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. VI. PERMISSION FOR INSTALLATION OR CONSTRUCTION SASC, in accordance with the City's Donation Policy shall submit to the Parks and Recreation Board for approval any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. Permanent structures shall become the property of the City. SASC is allowed a maximum of two (2) signs listing SASC sponsors for the current and previous year. Signs are not to exceed the 0 size of (4 feet by 8 feet). VII. INDEMNITY SASC shall indemnify and hold harmless the City of Southlake, its agents, officials and employees from any and all claims for bodily injury, illness, death, personal injury or property damage arising out of any negligent act or omission committed by SASC officials, players, members, officers, or employees of the City in connection with the activities conducted under this Agreement. This indemnification shall specifically include any claims arising from the negligence of the City, its agents, officials and employees. Nothing contained herein shall be construed to limit or waive any governmental or sovereign immunity of the City of Southlake or any immunity applicable to its officers, agents, servants or employees, nor shall it be construed to limit or waive any insurance coverage or the City's status as an additional named insured as provided in paragraph XII of this agreement. S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 2 OF 12 Print Date 2/5/96 SOUTHLAKE ATHLETIC SOCCER CLUB L25 -// 2 VIII. FOOD SERVICE 41110 All food or drink prepared, served, sold, or stored shall be done so in strict conformity with all city, state, county and federal law. IX. DOCUMENTS AND OFFICERS SASC shall submit to the Southlake Parks and Recreation Department a copy of rules and regulations, charters, constitution, and by-laws of SASC. Names, addresses and phone numbers of all officers and board members of SASC shall also be submitted to the Parks and Recreation Department within two weeks after election or appointment. Southlake Parks and Recreation Department shall submit to SASC the Names, addresses and phone numbers of all Parks and Recreation Department supervisors and directors and Parks Board members within two weeks after election or appointment. X. ROSTERS AND SCHEDULES SASC shall furnish the Parks and Recreation Department the number of players by age and division and zip code within one week following Opening Day of each season. A full schedule for the season will be submitted, if available one full week prior to Opening Day of each season. If full schedule is not available, SASC will submit one 0 month's schedule, one full week prior to those scheduled games. Xl. FIELD MANAGER SASC shall furnish the Parks and Recreation Department the names and telephone numbers of persons designated as field managers. It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Department representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Department to request any maintenance not specifically mentioned within this agreement and/or needed repairs or supplies. The SASC Field Manager shall meet before each season with the Parks Supervisor to be briefed on maintenance procedures and techniques. XII. INSURANCE SASC at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect SASC and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 3 OF 12 Print Date 2/5/96 SOUTHLAKE ATHLETIC SOCCER CLUB injuries suffered by competitors in the organized athletic activity. The insurance shall S protect CITY from and against all liability for claims arising out of or in connection with SASC use and occupation of the premises. SASC agrees to procure insurance to cover accident medical expenses for all players. This insurance benefit will be designed to pay the excess of any expenses payable by other valid and collectible insurance to an insured person for an injury caused by a covered accident. Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1 ,000,000 - Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage, or on a Per Occurrence Basis. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake, for their adequacy as to content, protection and named insurance company. SASC shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by SASC at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. SASC understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the Srequirements under the Article shall be a cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. SASC further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. XIII. LIMIT ON HOURS OF PLAY SASC agrees to stop play by 11:00 PM. Special circumstance for tournament play may be negotiated with city staff. No full inning or session should begin past 10:30 PM. S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 4 OF 12 Print Date 2/5/96 SOUTHLAKE ATHLETIC SOCCER CLUB XIV. COMMISSIONER IIISASC agrees to provide a league representative on-site at each SASC organized league or tournament game held on the premises. XV. EXHIBITS The City and SASC agree that the exhibits attached to this agreement are incorporated into this agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. STORAGE FACILITIES AGREEMENT "C" City Storage Location Assignments 4. SASC FIELD REQUIREMENTS "D" 1996 Field Requirements XVI. SCHEDULING S The Cityreserves the right to utilize the premises when SASC activities are not 9 scheduled. If SASC fails to use the premises for its scheduled activities, this agreement is terminated. XVII. DEFAULT If either party, City or SASC, violates any term of this agreement, either party may find the other in default and terminate the agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. ® Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 5 OF 12 Print Date 2/5/96 SOUTHLAKE ATHLETIC SOCCER CLUB C4_ , This agreement is made and entered into on the day of , • 1996. CITY of SOUTHLAKE by: Sandra LeGrand, City Secretary Gary Fickes, Mayor City of Southlake Approved as to form Tom McLendon, President City Attorney Southlake Athletic Soccer Club This agreement approved by the Board of Directors, Southlake Athletic Soccer Club, and entered into the minutes of the Board meeting held , 1996. • Secretary Southlake Athletic Soccer Club S Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 6 OF 12 Print Date 2/5/96 SOUTHLAKE ATHLETIC SOCCER CLUB EXHIBIT "A" ® MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The Parks and Recreation Department (City) shall maintain at competition quality all turf areas to include mowing, weed control, fertilizing and herbicide spraying. 2. The City shall perform all pre-season turf maintenance to include top dressing and cutting field marking lines. 3. The City shall mark field lines when necessary for scheduled league play. 4. The City shall provide line chalk/paint for completing markings only on fields maintained and scheduled through the City. SASC shall provide line chalk/paint for its own additional uses and may line fields as needed in addition to the above. 5. The City shall maintain all goals and fences in a safe and secure condition. 6. The City shall maintain all bleachers and benches in a safe and secure condition. 7. The City shall be responsible for the maintenance of any turf irrigation system and watering of the field. 8 The City shall be responsible for the maintenance of any adjacent park irrigation IIIsystems and the watering of non-athletic turf areas. 9. The City shall maintain the rest rooms in a safe and sanitary condition. 10.The City will install and maintain goals. The Association is responsible for goal nets. 11.SASC shall be responsible for daily practice and game day collection of all litter on their fields to include playing areas, fences, bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the City. The City shall provide pick up for these receptacles. Any overflow trash resulting from concession use should be placed in the "dumpster" receptacle. 12.SASC shall be prohibited from performing any maintenance to any turf areas without permission from the City. 13. SASC will provide all necessary maintenance equipment, used for its purposes, not specifically named in this agreement. S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 7 OF 12 Print Date 2/5/96 SOUTHLAKE ATHLETIC SOCCER CLUB EXHIBIT "B" 0 FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) 1. The City will inspect Athletic Fields by 4:00 PM and will, if conditions warrant, consult with the appropriate SASC Field Manager, Commissioner, or their designate, about the status of the field(s). 2. The Parks and Recreation Department representative will take responsibility for making a decision based upon field condition or weather. No games will be postponed or canceled prior to 4:00 PM without the agreement of SASC representative. S 3. After games have begun and inclement weather becomes a factor, the umpires and/or SASC officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. Inspect Athletic Fields by 4:00 PM on Friday. 2. Parks Department employee shall consult with the SASC Field Manager about the status of the fields. Saturday games will not be canceled on Friday without agreement of the SASC Field Manager. 3. If a decision at 4:00 PM Friday is not possible, a Parks Department employee will monitor the weather and field conditions, arrive at the fields by 7:30 am Saturday morning with SASC Field Manager, or their designate, to make decisions on field conditions. Saturday PM games will not be called prior to Noon Saturday without agreement of the SASC Field Manager. S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 8 OF 12 Print Date 2/5/96 SOUTHLAKE ATHLETIC SOCCER CLUB ® CITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Supervisor responsible for athletic field maintenance, while working closely with the SASC representative. 2. In the Parks Supervisor's absence, the Park Maintenance Team Leader shall make the decision concerning Athletic Field Closures. 3. The Park Maintenance Team Leader shall consult with the Parks Supervisor on any decision concerning athletic field closures. 4. In the absence of both the Parks Supervisor and the Park Maintenance Team Leader, a person designated by the Parks Director shall make decisions concerning athletic field closures. NOTIFICATIONS 1. The appropriate SASC Field Manager has the responsibility to notify the SASC and the participants about the field closure decision. 2. The city staff will place notification of field conditions on the "field condition" phone S line (481-5581 ext. 758 ) by 4:00 PM on weekdays and 9:00 am on weekends when activities are scheduled. 3. The maintenance crews will require a minimum of 12 hours prior notice of rescheduled games by SASC. 4. Associations are required to comply with and enforce all field signage posted on the fields to include the following "No Trespass" signage: a) Fields #1 thru #7 "Entry beyond this point is forbidden except for persons in City-Sponsored Leagues or City Co-Sponsored athletic events. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) b) Fields #8 and #9 "Game Field Only - Entry upon this field is restricted to City Sponsored League Play or City Co-sponsored Athletic Events. Entry by others is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) 0 Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 9 OF 12 Print Date 2/5/96 SOUTHLAKE ATHLETIC SOCCER CLUB c) Rain-outs • "CLOSED FIELD - Entry upon this field is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) • • Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 10 OF 12 Print Date 2/5/96 SOUTHLAKE ATHLETIC SOCCER CLUB $A 5 7 EXHIBIT "C" STORAGE FACILITIES AGREEMENT 11110 1. No facilities currently assigned or requested. • • S Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 11 OF 12 Print Date 2/5/96 SOUTHLAKE ATHLETIC SOCCER CLUB DRAFT DRAFT EXHIBIT "D" 1996 FIELD REQUIREMENTS • SPRING Division Opening Estimated League Weeks of Weeks of Practices Day Teams Games Season Tournament per Week 5 5 FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bicentennial Soccer #4 2/10/96 -5/30/96 No games or practices 7/1/96-12/31/96 on 5/1 1/96 • • Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 12 OF 12 Print Date 2/5/96 SOUTHLAKE ATHLETIC SOCCER CLUB SAINTS FIELD RESERVATION SCHEDULE SPRING 1996 �' LD DATES TIME tennial Park Soccer Field #4 2/10-5/30 M, W, F 4pm-dark 7/1-12/31 Sat. & Sun. 8am-2pm SATURDAY MAY 11TH-NO FIELD USE • • FACILITIES UTILIZATION AGREEMENT 110 The parties to this agreement are the City of Southlake, Texas, herein called "City", and the Southlake Girls Softball Association, herein called "SGSA". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide game fields and practice fields as defined by Exhibit "E", SGSA Field requirements. Field requirements and dates for Spring and Fall seasons shall be provided by SGSA to City at least 90 days prior to opening day of a season. Facilities in Exhibit "E" are herein called "Premises" in accordance with the terms of this agreement. II. SEASONS AND HOURS The seasons of this agreement shall be annually for Spring Season, Fall Season and tournaments on the days of Monday through Saturday, with each facility usage to not begin before 4:00 PM on weekdays or 8:00 AM on Saturdays. • The following are approximate dates for significant activities: Spring FALL Coach Look February 10 & 17 2nd weekend in August Practice Begins February 24 Last week in August Opening Day last weekend of March 2nd weekend in September End of Regular Season last weekend in June 2nd weeken in November III. RENEWAL OR TERMINATION This agreement must be renewed on an annual basis on January 1 of each year, with SGSA having the right of first refusal to enter into a new agreement. Changes in the agreement must be requested 90 days prior to the renewal date by either party. Written notification by the City must be provided to the President of SGSA at their residence. Written notification by SGSA must be provided to the City Manager, City of Southlake at City Hall. In the event SGSA terminates this agreement, SGSA will remove its own movable equipment which is not of a permanent nature upon non-renewal of this agreement within thirty (30) days. S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 1 OF 15 Print Date 2/5/96 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION IV. FEES AND ASSIGNMENT SSGSA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) SGSA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. SGSA agrees to provide signs clearly indicating donations are requested only for the SGSA activity occurring on Premises. Access to other Premises activities shall be clearly available. SGSA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. V. UNLAWFUL ACTIVITIES SGSA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. VI. PERMISSION FOR INSTALLATION OR CONSTRUCTION SGSA, in accordance with the City's Donation Policy shall submit to the Parks and Recreation Board for approval any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. Permanent structures shall become the property of the City. SGSA is allowed a maximum of two (2) signs listing GSA sponsors for the current and previous year. Signs are not to exceed the 41110 size of (4 feet by 8 feet). VII. INDEMNITY SGSA shall indemnify and hold harmless the City of Southlake, its agents, officials and employees from any and all claims for bodily injury, illness, death, personal injury or property damage arising out of any negligent act or omission committed by SGSA officials, players, members, officers, or employees of the City in connection with the activities conducted under this Agreement. This indemnification shall specifically include any claims arising from the negligence of the City, its agents, officials and employees. Nothing contained herein shall be construed to limit or waive any governmental or sovereign immunity of the City of Southlake or any immunity applicable to its officers, agents, servants or employees, nor shall it be construed to limit or waive any insurance coverage or the City's status as an additional named insured as provided in paragraph XII of this agreement. S Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 2 OF 15 Print Date 2/5/96 SOUTHLAKE GIRLS SOFTBALL ASSOCIATION VIII. FOOD SERVICE ® All food or drink prepared, served, sold, or stored shall be done so in strict conformity with all city, state, county and federal law. IX. DOCUMENTS AND OFFICERS SGSA shall submit to the Southlake Parks and Recreation Department a copy of rules and regulations, charters, constitution, and by-laws of SGSA. Names, addresses and phone numbers of all officers and board members of SGSA shall also be submitted to the Parks and Recreation Department within two weeks after election or appointment. Southlake Parks and Recreation Division shall submit to SGSA the Names, addresses and phone numbers of all Parks and Recreation Department supervisors and directors and Parks Board members within two weeks after election or appointment. X. ROSTERS AND SCHEDULES SGSA shall furnish the Parks and Recreation Department the number of players by age and division and zip code within one week following Opening Day of each season. A full schedule for the season will be submitted, if available one full week prior to Opening Day of each season. If full schedule is not available, SGSA will submit one month's schedule, one full week prior to those scheduled games. IIIXI. FIELD MANAGER SGSA shall furnish the Parks and Recreation Department the names and telephone numbers of persons designated as field managers. It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Department representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Department to request any maintenance not specifically mentioned within this agreement and/or needed repairs or supplies. The SGSA Field Manager shall meet before each season with the Parks Supervisor to be briefed on maintenance procedures and techniques. XII. INSURANCE SGSA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect SGSA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 3 OF 15 Print Date 2/5/96 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION protect CITY from and against all liability for claims arising out of or in connection with S SGSA's use and occupation of the premises. SGSA agrees to procure insurance to cover accident medical expenses for all players. This insurance benefit will be designed to pay the excess of any expenses payable by other valid and collectible insurance to an insured person for an injury caused by a covered accident. Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000 - Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage, or on a Per Occurrence Basis. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake, for their adequacy as to content, protection and named insurance company. SGSA shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by SGSA at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. SGSA understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be a cause for termination of this Agreement. • Insurance required bythis Agreement for the CITY as additional insured shall be q 9 primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. SGSA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. XIII. LIMIT ON HOURS OF PLAY SGSA agrees to stop play by 11:00 PM. Special circumstance for tournament play may be negotiated with city staff. No full inning or session should begin past 10:30 PM. S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 4 OF 15 Print Date 2/5/96 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION , XIV. COMMISSIONER SSGSA agrees to provide a league representative on-site at each SGSA organized league or tournament game held on the premises. XV. EXHIBITS The City and SGSA agree that the exhibits attached to this agreement are incorporated into this agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. STORAGE FACILITIES AGREEMENT "C" City Storage Location Assignments 4. EQUIPMENT AGREEMENT "D" 1996 Equipment List and Requirements 5. SGSA FIELD REQUIREMENTS "E" 1996 Field Requirements SXVI. SCHEDULING The City reserves the right to utilize the premises when SGSA activities are not scheduled. If SGSA fails to use the premises for its scheduled activities, this agreement is terminated. XVII. DEFAULT If either party, City or SGSA, violates any term of this agreement, either party may find the other in default and terminate the agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 5 OF 15 Print Date 2/5/96 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION J-a-6 (.s • This agreement is made and entered into on the 1996. day of CITY of SOUTHLAKE by: Sandra LeGrand, City Secretary Gary Fickes, Mayor City of Southlake Approved as to form Debbie Orzech, President City Attorney Southlake Girls Softball Association This agreement approved by the Board of Directors, Southlake Girls Softball Association, and entered into the minutes of the Board meeting held , 1996. • Secretary Southlake Girls Softball Association S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 6 OF 15 Print Date 2/5/96 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT "A" 0 MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The Parks and Recreation Department (City) shall maintain at competition quality the infield and all turf areas in the outfield to include mowing, weed control, fertilizing and herbicide spraying. 2. The City shall perform all pre-season clay and turf maintenance to include adding soil conditioners, clay renovation, and cutting infield arcs and base paths. The City shall also provide clay, sand, soil, etc. to be used in leveling or back filling low areas when deemed necessary. 3. The City shall drag the infields Monday through Friday and on Saturday morning when necessary for scheduled league play, weather permitting. The City shall drag fields between alternate games on Saturdays. SGSA shall apply water and re-stripe as required during alternate Saturday games. 4. The City shall mark all foul lines. 5. The City shall maintain all backstops, fences and gates in a safe and secure condition. SGSA will ensure that the fencing will not be used for warm-up hitting causing damage. IIIII6. The City shall maintain all bleachers and dugouts in a safe and secure condition. 7. The City shall provide and maintain all area and ball field lighting systems. 8. The City shall be responsible for the maintenance of any infield irrigation system and watering of the infield. If field conditions warrant additional watering, SBA may water as needed. City will provide the quick coupler connections to Association at the beginning of the season. 9. The City shall be responsible for the maintenance of any outfield and adjacent park irrigation systems and the watering of the outfield and of non-athletic turf areas. 10.The City shall maintain the rest rooms in a safe and sanitary condition. ® Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 7 OF 15 Print Date 2/5/96 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 5,& 11 .The City shall be responsible for all public scoreboards and the lines leading to the • scoreboards. SGSA shall maintain and provide any repairs to the scoreboard control boxes. Scoreboard control boxes will be distributed through the Parks and Recreation office before the activity or season begins. All users will be required to submit a $250 deposit for each box. The security deposit is refundable if the control box is returned in good working condition. Payment of the security deposit does not release the user from responsibility for damages. Any damages incurred resulting in a repair fee equa► to an amount greater than the deposit will be charged to SGSA. Boxes are to be returned to the Parks and Recreation office within one week of the activity or season's completion. 12.The City shall provide and install the home plate and base pegs. 13.The City shall be responsible for chalking of baselines and any other field markings necessary for scheduled league play, Monday through Friday and Saturday mornings. The City shall provide line chalk for the purposes of completing these markings only on fields maintained and scheduled through the City. SGSA may drag and line fields between games as necessary. SGSA shall provide line chalk for its own additional uses and may line fields as needed in addition to the above. SGSA shall provide necessary maintenance equipment for its use. Maintenance procedures and equipment should conform to City approval and field maintenance guidelines. • 14.SGSA shall place bases and pitchers rubbers for each game. (City will provide bases and pitchers rubber for each field. Bases will be labeled City-SBA or City SGSA.) The City will install and maintain base pegs in ground, and provide necessary tools. If bases are stolen or lost, the association is responsible for replacement. SGSA will request and instruct coaches to remove and store bases and pitching rubber following completion of each day's play. At the end of the season, each association will return to the City one set of bases and pitching rubber for each field. 15.SGSA shall be responsible for daily game day collection of all litter on their fields to include playing areas, dugouts, fences backstops, bleachers, concession stands and adjacent grounds. A►l litter shall be placed in the receptacles provided by the City. The City shall provide pick up for these receptacles. 16.SGSA shall be prohibited from performing any maintenance to any turf or infield areas (except as stated in #13 above), without permission from the City. 17.SGSA shall ensure that all secured areas remain locked and/or are locked at the completion of each activity. The City will provide the Fields Manager keys necessary for emergency access to main gate(s) and to all field gates. • Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 8 OF 15 Print Date 2J5/96 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION • 18.SGSA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this agreement. • • Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 9 OF 15 Print Date 2/5/96 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT "B" SFIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) 1. The City will inspect Athletic Fields by 4:00 PM and will, if conditions warrant, consult with the appropriate SGSA Field Manager, Commissioner, or their designate, about the status of the field(s). 2. The Parks and Recreation Department representative will take responsibility for making a decision based upon field condition or weather. No games will be postponed or canceled prior to 4:00 PM without the agreement of SGSA representative. S 3. After games have begun and inclement weather becomes a factor, the umpires and/or SGSA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. Inspect Athletic Fields by 4:00 PM on Friday. 2. Parks Department employee shall consult with the SGSA Field Manager about the status of the fields. Saturday games will not be canceled on Friday without agreement of the SGSA Field Manager. 3. If a decision at 4:00 PM Friday is not possible, a Parks Department employee will monitor the weather and field conditions, arrive at the fields by 7:30 am Saturday morning with SGSA Field Manager, or their designate, to make decisions on field conditions. Saturday PM games will not be called prior to Noon Saturday without agreement of the SGSA Field Manager. S Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 10 OF 15 Print Date 2/5/96 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION SCITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Supervisor responsible for athletic field maintenance, while working closely with the SGSA representative. 2. In the Parks Supervisor's absence, the Park Maintenance Team Leader shall make the decision concerning Athletic Field Closures. 3. The Park Maintenance Team Leader shall consult with the Parks Supervisor on any decision concerning athletic field closures. 4. In the absence of both the Parks Supervisor and the Park Maintenance Team Leader, a person designated by the Parks Director shall make decisions concerning athletic field closures. NOTIFICATIONS 1. The appropriate SGSA Field Manager has the responsibility to notify the SGSA and the participants about the field closure decision. 2. The city staff will place notification of field conditions on the "field condition" phone III line (481-5581 ext. 758 ) by 4:00 PM on weekdays and 9:00 am on weekends when activities are scheduled. 3. The maintenance crews will require a minimum of 12 hours prior notice of rescheduled games by SGSA. 4. Associations are required to comply with and enforce all field signage posted on the fields to include the following "No Trespass" signage: a) Fields #1 thru #7 "Entry beyond this point is forbidden except for persons in City-Sponsored Leagues or City Co-Sponsored athletic events. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) b) Fields #8 and #9 "Game Field Only - Entry upon this field is restricted to City Sponsored League Play or City Co-sponsored Athletic Events. Entry by others is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) S Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 11 OF 15 Print Date 2/5/96 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION c) Rain-outs • "CLOSED FIELD - Entry upon this field is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) • • Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 12 OF 15 Print Date 2/5/96 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT "C" STORAGE FACILITIES AGREEMENT 1. SGSA shall have use of the storage area located on the north end of the maintenance building near field #2 at Bicentennial Park. 2. The term of this agreement for storage usage shall be from January 1 through December 31 of each year of the Facilities Agreement. 3. SGSA shall provide own security lock and provide City with a key allowing access in order to restock supplies needed by SGSA. 4. City storage areas are reserved for City purposes only and access is limited to City personnel. • • Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 13 OF 15 Print Date 2/5/96 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT "D" 1996 EQUIPMENT LIST AND REQUIREMENTS 1. The SGSA will be given the following equipment for use on Fields #1 thru #3 at 411 Bicentennial Park: 1 set of Hollywood style bases for each field 1 official size steel reinforced pitching rubbers for each field 1 base peg clean-out tools for each field 1 4X4 board for placing rubbers 2. The above mentioned. equipment will be distributed to SGSA at the start of the season and must be returned within one week of the end of the season. If any equipment is missing or damaged, SGSA is held responsible for the replacement of the missing or damaged equipment. 3. Keys will be distributed to SGSA at the beginning of the season to the main gates, fields and buildings. These keys must be returned to the parks and recreation office within one week of the conclusion of the season. 4.` SGSA is responsible for the care of all keys distributed to them. If a key is misplaced or lost, SGSA will be responsible for any costs involved with changing the locks. • Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 14 OF 15 Print Date 2/5/96 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION DRAFT DRAFT EXHIBIT "E" 1996 FIELD REQUIREMENTS • SPRING Division Opening Estimated League Weeks of Weeks of Practices Day Teams Games Season Tournament per Week 8's 3/30/96 5 12 9 4 1 10's 3/30/96 6 15 10 4 2 12's 3/30/96 7 18 10 4 2 14's 3/30/96 6 15 10 4 2 16's 3/30/96 3 12 9 4 2 FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bicentennial #1 2/10, 2/24 3/30/96 thru 6/29/96 2/25/96 thru 6/29/96 Bicentennial #2 2/10, 2/17, 2/24 3/30/96 thru 6/29/96 2/25/96 thru 6/29/96 Bicentennial #3 2/10, 2/17, 2/24 3/30/96 thru 6/29/96 III2/25/96 thru 6/29/96 Carroll Intermediate 2/24/96 thru 6/29/96 Country Walk #2 2/24/96 thru 6/29/96 Carroll Elementary 2/24/96 thru 6/29/96 110 Rev. Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 15 OF 15 Print Date 2/5/96 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION L_ 7 • • • Rev.Date 2/5/96 FACILITIES UTILIZATION AGREEMENT PAGE 16 OF 15 Print Date 2/5/96 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION SOFTBALL FIELD RESERVATION SCHEDULE SPRING 1996 F LD DATES TIME tennial Park Field #1 2/10, 2/24 8am-I 2pm 2/17 8am-l l pm 2/25-6/29 M-F 4pm-1 1 pm. Saturdays 8am-11pm Sundays 8am-1 pm Bicentennial Park Field #2 2/10, 2/24 8am-12pm 2/25-4/3 T/Th 4pm-1 1 pm 4/4-6/29 MIT 4pm-I 1 pm 3/30-6/29 Saturdays 8am-11pm Sundays 8am-1 pm No field usage on Th/F (4/4-6/13) Bicentennial Park Field #3 2/10, 2/24 8am-12pm 2/17 8am-l l pm 2/25-6/29 T/Th 4pm-1 1 pm 3/30-6/29 Saturdays 8am-11pm Sundays 8am-lpm Carroll Intermediate Game Field 2/25-6/29 M, W, F 4pm-11 pm Sat. & Sun. 8am-1 1pm Country Walk Field #2 2/25-6/29 M-F 4pm-dark Sat. & Sun. 8am-dark Carroll Elementary School Practice 2/24-6/29 M-F 4pm-dark Sat. & Sun. 8am-dark • .5g- /7� . City of Southlake,Texas MEMORANDUM 11, February 15, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Southridge Lakes Blvd. Mr: Tom O'Mally, the president of the Southridge Lakes Homeowners Association (H.O.A.), is to address Council on a perceived traffic problem along Southridge Lakes Blvd. They are asking for stop signs to be placed at three intersections on Southridge Lakes Blvd. Mr. Larry Huffman, Lee Engineering, was hired to conduct an All-Way Stop Analysis of the intersections. On November 30, 1995, Mr. Huffman and I met with the H.O.A. and presented and discussed the results of the analysis. Since that meeting and based upon the concerns of the citizens, Lee Engineering has conducted a Pass-Through Trip Analysis and Southlake Department of Public Safety has conducted two traffic surveys. • Attached are: • All-Way Stop Analysis: The analysis shows that the intersections do not meet the warrants for all-way stop signs. • Pass-Through Trip Analysis: The traffic passing through the subdivision accounts for about 15-16% near F.M. 1709 and about 25% of the traffic near Ravenbend. • "Traffic Patterns on Southridge Lakes Parkway" - This study shows that the average speed was 30 MPH. • My notes of the H.O.A. meeting. 634. BW/sm Attachments r - I 5323 SPRING VALLEY ROAD N.0 V 2 . SUITE 230 ��"Q S , DALLAS.TEXAS 75240 214/701-9663 FAX 214/701-9669 DEPT.Of P�1PL�O_�Y�OR;�S LEA EncinrEginc November 27, 1995 Mr. Bob Whitehead, P.E. Director of Public Works . City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re:All-Way Stop Analysis Dear Mr. Whitehead: In accordance with our agreement dated October 26, 1995, we are pleased to submit the final report S for the multiway stop analysis. The final report incorporates your comments on the draft report as conveyed during our telephone conversation on November 17, 1995. • I look forward to the opportunity to meet with you and the Southridge Lakes Homeowners Association at 7:00 p.m. on November 30, 1995, to discuss the report. Please let me know when your City Council will consider this issue, so that I can make plans to attend their meeting. It has been a pleasure working with you on.this project. If Lee Engineering can be of assistance to you on this project, or other traffic engineering projects,please contact me. • • Sincerely, Ztivbf )/: #1,1"' Larry j Hoffinan, P.E. Vice President Enclosure S • Multiway Stop Control Warrant Analysis for Southridge Lakes Parkway and Pecos Drive/Sabine Court Southridge Lakes Parkway and Brazos Drive (South) Southridge Lakes Parkway and Brazos Drive (North) Prepared for: City of Southlake • 667 North Carroll Avenue Southlake, Texas 76092 • Prepared by: • Lee Engineering, Inc. 5323 Spring Valley Rd. #230 Dallas, TX 75240 'O �..LARR t-I.. November 27, 1995 -0537 ,Su T3. G` -3 IIIMULTIWAY STOP CONTROL WARRANT ANALYSIS The City of Southlake,Texas has requested that an analysis be conducted to determine if all-way, or multiway, stop control is warranted at three(3)intersections. These intersections include: • Southridge Lakes Parkway and Pecos Drive/Sabine Court • Southridge Lakes Parkway and Brazos Drive(South) • Southridge Lakes Parkway and Brazos Drive(North) This report summarizes the results of the multi-way stop control warrant analysis for the intersections. The analysis is based upon existing traffic volumes which were collected on Thursday, November 2, 1995. Additionally, the report provides recommendations for traffic control to alert motorists to the possible presence of pedestrians crossing Southridge Lakes Parkway at the intersections of interest. The analysis is based on the multiway stop control warrants contained in Part II-B "Regulatory Signs" of the Texas Manual on Uniform Traffic Control Devices(TMUTCD). Three warrants are included in the manual for warranting multiway stop sign installations. These warrants include: 1. Installing multiway stop control as an interim measure while arrangements are being made for a traffic signal installation, 2. An accident warrant, and • 3. Minimum traffic volumes. Intersection Geoinetrics Southridge Lakes Parkway is a four (4) lane divided roadway at the intersections with Pecos Drive/Sabine Court and Brazos Drive (south) and a two (2) lane undivided roadway at the intersection with Brazos Drive(north). The posted speed on Southridge Lakes Parkway is 30 mph. • Pecos Drive/Sabine Court and Brazos Drive are two lane residential streets. The intersection of Southridge Lakes Parkway with Pecos Drive/Sabine Court is a four-leg intersection. The remaining two intersections are three-leg intersections. Warrant Analysis Warrant 1 The first warrant allows for multiway stop control as an interim measure to control traffic while arrangements are being made for a traffic signal installation, if the traffic signal is warranted and is urgently needed. Traffic signals have not been warranted at these intersections. This warrant is not met for any of the intersections. IIIMultiwayStopControl Warrant Analysis-Southlake Terns Y T s Page 1 S Warrant 2 Warrant 2 is satisfied when five or more reported accidents, of the type susceptible to correction by a multiway stop installation, have occurred within a 12-month period. Based on accident data obtained from the Southlake Police Department, a total of two(2)accidents has occurred at all three intersections during the past four(4)years. Neither accident is of the type susceptible to correction by a multiway stop installation. This warrant is not met for any of the intersections. A more detailed description of the accident history is included in the Appendix. Warrant 3 Warrant 3 is based on minimum traffic volumes and delays. It is satisfied when both of the following criteria are met: a) The total vehicular volume entering the intersection from all approaches must average at least 500 vehicles per hour for any 8 hours of an average day, and b) The combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same 8 hours,with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour. These criteria may be reduced to 70% of the above requirements when the 85-percentile speed exceeds 40 mph on the major street. A speed study was not conducted to determine the 85-percentile speed on Southridge Lakes Parkway.. The posted speed limit on Southridge Lakes Parkway is • S 30mph. The analysis was conducted for the-full warrant volumes and the reduced warrant volumes to determine the effect,if any, of the 85-percentile speed on the analysis. The traffic volumes for • the three intersections are included in the Appendix.- • At each intersection the eight (8)hourly periods with.the highest number of vehicles entering the intersection were identified. The average total vehicular volume entering the intersection over the eight(8)hours was calculated and compared to the criteria contained in portion"a" of the warrant. The average total vehicular volumes entering the intersections are: Southridge Lakes Parkway and Pecos Drive/Sabine Court: 286 vehicles per hour Southridge Lakes Parkway and Brazos Drive(South): 245 vehicles per hour Southridge Lakes Parkway and Brazos Drive(North): 195 vehicles per hour The average total vehicular volume entering each intersection does not meet the minimum volume criteria based upon the full volume warrant(500 vehicles per hour) or the reduced volume warrant (350 vehicles per hour). Additionally,the average minor street entering volumes were determined for the same eight(8)hours and compared to the criteria contained in portion "b" of the warrant. The average hourly entering. volumes for the minor street approaches are: IIIMultiwa y Stop Control Warrant Analysis-Southlake Texas Page 2 • Pecos Drive/Sabine Court: 32 vehicles per hour Brazos Drive(South): 64 vehicles per hour Brazos Drive(North): 34 vehicles per hour The average minor street volumes also do not meet the minimum volume criteria for any hours of the day based on the full volume warrant(200 units per hour) or the reduced volume warrant(140 units per hour). The delay criteria were not evaluated since the minor street volume criteria are not met. The minimum volume criteria are not met for any of the intersections based upon the full volume warrants or the reduced volume warrants. Alternate Warrant Using Volume and Stop Delay The Texas Manual on Uniform Traffic Control Devices(TMUTCD) also provides an alternate set . of warrants which utilize traffic volumes and delay to determine the justification of multiway stop control based on minimum traffic volumes. This warrant is presented in Appendix B of the TMUTCD. The warrant states that traffic volumes at some intersections reach a point where it becomes more desirable to permit a large total intersection delay under multiway stop control than to permit long average delays to vehicles stopped under two-way stop control The warrant provides a table which is used to determine the volume threshold where an increase in total intersection delay • under all-way stop-control is more favorable than an undesirable average delay time to stopped vehicles under two-way stop controL The warrant also provides a figure for estimating average delay, over a fifteen minute period, for stopped vehicles under two-way stop control for use when delay data is not available. Using this table, average delays to the stopped approaches were estimated for the three intersections for the peak four(4)hours at each intersection. Based on the figure,the average delay for all stopped approaches under two-way stop control was estimated to be less than 5 seconds per vehicle for each fifteen(15)minute period assessed and over the four(4)hour period. The data used in this analysis are presented in the Appendix. This magnitude of delay for the stopped approaches under two-way stop control is very desirable and reasonable. Based on this magnitude of delay it is not recommended that multiway stop control be warranted under this alternate warrant. View Obstructions . Site visits were made to each of the three intersections to determine the existence of any view obstructions that could possibly impede the vision of motorists as they attempt to enter Southridge Lakes Parkway from the side streets. With one exception, the visibility of motorists on the minor streets is not obstructed. The one,exception is located on the northeast corner of Southridge Lakes Parkway and Brazos Drive (south) and involves an electrical vault surrounded by large screening bushes. A westbound motorist, stopped at the stop sign, encounters difficulty in seeing southbound vehicles on Southridge Lakes Parkway. III MultiwayStop S op Control Warrant Analysis-Southlake Texas Page 3 1 b A- SAs a general rule,traffic control devices should not be used in an attempt to mitigate an undesirable situation caused by a view obstruction, especially if the view obstruction can be removed. Since this view obstruction is located within the sight triangle established by city ordinance, it is recommended that the obstruction be removed. Until the vault and screening bushes can be removed or relocated, it is recommended that a stop line be placed on Brazos Drive (south). Since vehicles will not be expected to stop at the stop sign,the stop line should be placed at the desired stopping point, which is closer to the curb line on Southridge Lakes Parkway where the view obstruction is not a factor. Stop signs should not be installed on Southridge Lakes Parkway in an effort to offset the effects of the view obstruction. Traffic Control for Pedestrian Crossing An assessment was done to evaluate traffic control to alert motorists of pedestrians crossing Southridge Lakes Parkway. As shown in Figure 1,it is recommended that an advance crossing sign (W11-2) be placed on the Parkway in advance of the intersections. The signs shall be placed approximately 325' in advance of the intersections per Table II-1, A Guide for Warning Sign Placement Distance, of Part II C"Warning Signs" of the TMUTCD. The signs shall be black legend on yellow background and shall be 30"x30" in size. If installed, the signs and installation shall comply with the requirements set forth in the TMUTCD. These include a mounting height of at least seven(7)feet and a lateral clearance of two (2)feet from the curb face. These are shown in Figure 2-1, Height and Lateral Location of Signs- Typical installations, of the TMUTCD. SPedestrian crosswalks were considered as part of the assessment. Part III "Markings" of the TMUTCD, states that crosswalk markings should not be used indiscriminately and that crosswalks should only be marked at intersections where there is substantial conflict between vehicle and pedestrian movements. Crosswalk striping tends to give a pedestrian a false sense of security. Often pedestrians feel that the crosswalk striping gives them the right-of-way and that vehicles will stop for them. As a result they may tend to pay less attention to approaching vehicles and carelessly step into approaching traffic. This can create an extremely dangerous situation. Based upon the accident data obtained from the Southlake Police Department,there were no pedestrian accidents reported at the intersections in the past four (4) years. Crosswalk striping on the non-controlled Southridge Lakes Parkway approaches is not preferred. Conclusion The results of the multiway stop control warrant analysis show that existing traffic volumes do not warrant all-way stop control. None of the three(3)warranting criteria provided in the TMUTCD, or the alternate warrant criteria provided in Appendix B of the TMUTCD are met. Therefore, it is recommended that only the minor street approaches continue to be stop controlled. It is further recommended that the view obstruction at the northeast corner of Southridge Lakes Parkway and Brazos Drive(south)be removed. As an interim measure,it is recommended that a stop line be installed on Brazos Drive(south) at the location where vehicles are expected to stop so that Sthe motorist's view of approaching southbound vehicles is not obstructed. Multiway Stop Control Warrant Analysis-Southlake Texas Page 4 d ,4-7 c Install W11-2 (Advance Pedestrian Crossing Sign) ID .. cv (--) Brazos Drive(North) Ne •:' -\n)1' 4` c, Install W1 l,:-2 (Advance Pedestrian Crossing Sign)., N III sly r• lei 0 ' I Ar /41. stall W11-2 se/c4) V e'c'c' (Advance Pedestrian Crossing Sign) (I( S 4 - ,-otire Install WI 1-2 (Advance Pedestrian Crossing Sign) 411° gal ittg ErIGICIEERinG Figure 1. Pedestrian Crossing Traffic Control City of Southlake,Texas • MEMORANDUM January 5, 1996 TO: Bob Whitehead,Director of Public Works FROM: Billy Campbell, Director of Public Safety SUBJECT: Traffic Patterns on Southridge Lakes Parkway Attached are two traffic surveys conducted between the 100 to 600 blocks of Southridge Lakes Parkway. The working parameters are contained in the memo from Sergeant Brown to Deputy Director Gary Gregg,with the accumulated data on page 2 of each memorandum. The first survey was conducted by Traffic Officer Buddy Sanders on Friday,December 15, 1995. During that time the high school was in session. The second survey by Officer Sanders was conducted on Thursday, December 28, 1995 during the high school closing for the Christmas holidays. • If you have any questions,please contact Deputy Director Gary Gregg or myself ° BC/bls attachments • City of South lake,Texas MEMORANDUM December 16 , 1995LnO1319957! TO: Gary Gregg , Director , Police Services FROM: Ben A . Brown , Sergeant , Police Services SUBJECT : Traffic Survey / Southridge Lakes Parkway The traffic survey ordered for the 300-600 block of Southridge Parkway was conducted by Officer B .R . Sanders #139 on Friday , December 15 , 1995 . The speed measurements were taken from various locations between the 100 and 300 blocks of Southridge Parkway , providing accurate speed data on northbound and southbound vehicles between the 300 and 600 blocks . Officer Sanders utilized a cordless ATR Stalker handheld radar to gather the speed data and conducted the survey from an unmarked Dodge Dynasty police vehicle . Vehicle speed data was gathered from 0700 hrs until 0900 hrs and from 1330 hrs until 1600 hrs . The following statistical information was prepared in spreadsheet form for your review: ( 1 ) Number of vehicles travelling the road per 15 minute interval ; ( 2 ) High , low , and average vehicle speed per 15 minute interval ; ( 3 ) Number of commercial motor vehicles per 15 minute interval ; ( 4 ) Number of CMV speed violations ( 5 MPH + over limit ); ( 5 ) Number of non-CMV speed violations ( 5 MPH + over limit ) . See attached spreadsheet for vehicle speed information . Please contact me if you have any questions or comments regarding this material . Respectfully submitted , Ben A . Brown #154 ' Attachment cc: Billy Campbell , Director of Public Safety /1- 22, ' City of Southlake,Texas • • Page 2 - Memorandum • Traffic Survey December 16 , 1995 TIME SLOT # VEHS # CMVS # VIOL # CMV VIOL HIGH LOW AVG 0700-0715 13 01 00 00 34 21 27 0715-0730 33 01 03 00 39 19 29 0730-0745 41 02 02 00 40 21 28 0745-0800 36 03 05 00 39 21 30 0800-0815 59 01 08 00 41 21 30 0815-0830 43 02 09 00 . 45 16 30 0830-0845 24 01 03 01 41 23 29 0845-0900 36 01 03 00 39 21 29 1330-1345 15 00 05 00 41 30 34 1345-1400 38 01 14 00 41 21 32 1400-1415 38 03 14 01 49 20 33 1415-1430 36 00 06 00 .44 26 31 1430-1445 23 00 08 00 43 19 23 1445-1500 34 01 13 01 41 21 31 1500-1515 21 03 03 00 • 45 25 31 10515-1530 33 03 10 00 37 24 33 530-1545 35 01 10 • 00 42 22 33 545-1600 29 00 13 00 42 21, 33 AM WEATHER CONDITIONS : FOGGY , DRY , COOL . AM SEGMENT AVERAGE : 35 1 .5 4 .1 0 .1 ' 39 20 29 PM WEATHER CONDITIONS: PT CLOUDY , DRY , WARM . PM SEGMENT AVERAGE 30 1 .2 9 .6 0 .2 42 25 31 OVERALL ' . . QTR HR AVG: 32 1 .3 6 .8 0 .1 40 . 22 30 - BAB/bab • 6,-Z3 - . City of Southlake,Texas 1111 O R A N D U M M E M December 28 , 1995 TO: Gary Gregg , Director , Police Services FROM: Ben A . Brown , Sergeant , Police Services SUBJECT: Traffic Survey / Southridge Lakes Parkway The second traffic survey ordered for the 300-600 block of Southridge Parkway was conducted by Officer B .R . Sanders #139 on Thursday , December 28 , 1995 . The speed measurements were taken from various locations between the 100 and 300 blocks of Southridge Parkway , providing accurate speed data on northbound and southbound vehicles between the 300 and 600 blocks . Officer Sanders utilized a cordless ATR Stalker handheld radar to gather the speed data and conducted the survey from an unmarked Dodge Dynasty police vehicle . hicle speed data was gathered from 0700 hrs until 0900 hrs and from 330 hrs until 1600 hrs . The following statistical information was prepared in spreadsheet form for your review: ( 1 ) Number of vehicles travelling the road per 15 minute interval ; ( 2 ) High , low , and average vehicle speed per 15 minute interval ; ( 3 ) Number of commercial motor vehicles per 15 minute interval ; ( 4 ) Number of CMV speed violations ( 5 MPH + over limit ); ( 5 ) Number of non-CMV speed violations ( 5 MPH + over limit ) . See attached spreadsheet for vehicle speed information . Please contact me if you have any questions or comments regarding this material . Respectfully submitted , Ben A . Brown #154 Attachment cc : Billy Campbell , Director of Public Safety 1111 City of Southlake,Texas • Page 2 - Memorandum Traffic Survey December 28 , 1995 TIME SLOT # VEHS # CMVS # VIOL # CMV VIOL HIGH LOW AVG 0700-0715 12 00 02 00 40 22 29 0715-0730 23 02 01 00 35 21 28 0730-0745 24 00 03 00 38 25 30 0745-0800 33 00 08 00 44 20 32 0800-0815 29 01 07 00 41 18 30 0815-0830 34 01 04 00 38 26 30 0830-0845 31 01 05 00 38 19 29 0845-0900 23 01 05 01 40 20 31 1330-1345 43 00 14 00 40 16 32 1345-1400 47 00 12 00 38 23 31 1400-1415 33 03 09 00 38 25 33 1415-1430 32 00 13 00 41 22 33 1430-1445 24 00 07 00 41 27 32 1445-1500 38 01 09 00 41 24 29 1500-1515 26 02 10 00 41 14 32 515-1530 26 00 08 00 39 18 . 30 •30-1545 25 01 10 00 42 18 31 45-1600 17 00 05 00 38 25 31 AM WEATHER CONDITIONS: SUNNY , DRY , COOL . AM SEGMENT AVERAGE : 26 0 .7 4 .3 0 .1 39 21 29 PM WEATHER CONDITIONS: SUNNY , DRY , COOL .' PM SEGMENT AVERAGE 31 0 .7 9 .7 0 .0 39 21 31 OVERALL QTR HR AVG: 28 0 .7 7 .0 0 .0 39 21 30 BAB/bab • � 4- aS City of Southlake, Texas MEMORANDUM IP February 15, 1996 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance 655, Authorizing the Issuance of$2,380,000 'City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1996' At the Special City Council meeting on January 30, Resolution No. 96-07 was approved authorizing publication of Notice of Intent to Issue Certificates of Obligation. This notice sets in motion the legal requirements to issue the debt. The notice was published on February 1 and 8. Also approved was Resolution 96-08, which allows the City to reimburse expenditures made in anticipation of debt issuance. 0 First reading of the ordinance was approved at the regular Council meeting on February 6. Presented for consideration is the second reading of Ordinance 655, which authorizes the issuance of the debt, and pledges the City's ad valorem tax and revenues from the utility system. The $2,380,000 certificates are for the purchase of land, street and drainage improvements, equipment, and issuance costs. The certificates will be retired over a 20 year period, with accelerated principal repayment in the first six years. This acceleration will match the expected average life of the equipment. Included in the agenda packet for the Council is the Official Statement for the Certificates. The Official Statement is reviewed by prospective bidders and the rating agencies. The sale of the Certificates is also set for February 20. Jim Sabonis with First Southwest Company will be present at the Council meeting to announce the bidder with the lowest net interest cost calculation. The award of the Certificates requires the purchaser to place a good faith deposit with the City, to be returned to the purchaser upon payment for the Certificates. Delivery of funds is scheduled for March 26, subsequent to review by the Attorney General office. 7A - I • f i J . ORDINANCE NO. �55 SANORDINANCE authorizing the issuance of "CITY--"OFF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER j ' SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OFF OBLIGATION, SERIES 1996" ; specifying the terms and \\ features of said certificates; providing for the \ payment of said certificates of obligation by the \ levy of an ad valorem tax upon all taxable property \ within the City and a limited pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident -- and relating to the issuance, payment, security, sale and delivery of said Certificates including the approval and execution , of a Pay . g Agent/Registrar Agreement and the / appro a nd distribution of an Official Statement/i` d viding an effective date. _;= WHEREAS, notice of the City Council's intention to issue certificates of obligation in the maximum principal amount of $2 , 380, 000 for the purpose of paying contractual obligations to be incurred for (i) the purchase of materials, equipment and machinery for various city departments, including the public works, parks and recreation and public safety departments, (ii) the purchase of land for a new city hall complex, (iii) the construction of street and drainage improvements and (iv) professional services rendered in relation to such projects and 1111 the financing thereof, has been duly published in The Fort Worth Star Telegram, a newspaper hereby found and determined to be of general circulation in the City of Southlake, Texas, on , 1996 and , 1996, the date the first publication of such notice being not less than fifteen (15) days prior to the tentative date stated therein for the second reading and final passage of the ordinance authorizing the issuance of such certificates; and WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and WHEREAS, the Council hereby finds and determines that all of the certificates of obligation described in the aforesaid notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 0309028 -7 n - i- I� 2015 160, 000 % 2016 165, 000 % The Certificates shall bear interest on the unpaid principal 4111 amounts from the Certificate Date at the rate per annum shown abov e in this Section (calculated on the basis of a 360-day year of twelve 30-day months) , and such interest shall be payable on February 15 and August 15 of each year, commencing February 15, 1997 . SECTION 3 : Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption, or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Texas Commerce Bank National Association, Dallas, Texas to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with 4111 the terms and provisions of a "Paying Agent/Registrar Agreement" , substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until • the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the 0309028 43- redeem Certificates shall be entered in the minutes of the governing body of the City. S (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Certificates as representing the number of Certificates - Outstanding which is obtained by dividing the principal amount of such Certificates by $5, 000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the, Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date S specified and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, provided moneys sufficient for the payment of such Certificate (or the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor. SECTION 5 : Registration - Transfer - Exchange of Certificates-Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the 0309028 -5- S 7A - (0 . exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement IIICertificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 21 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 6 : Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3 , 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC) , a limited purpose trust company organized under the laws of the State of New York, in accordance with the requirements and procedures identified in the Letter of Representation, by and between the City, the Paying Agent/Registrar and DTC (the "Depository Agreement") relating to the Certificates. III Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall . be deposited with DTC who shall hold said Certificates for its participants (the "DTC Participants") . While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co. , as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and 0309028 -!- • ---.1 A -( Certificate (s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest 1110 rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s) , or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the certificate. 1110 The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. B. Form of Certificates. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF OBLIGATION, SERIES 1996 • 0309028 -9- • 71 - iO complex, ( iii) the construction of street and drainage improvements and ( iv) professional services rendered in relation to such projects and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, • particularly V.T. C.A. , Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance") . The Certificates maturing on and after February 15, 2006, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5, 000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) , on February 15, 2005, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption and upon 30 days prior written notice being sent by United States Mail, first class postage prepaid, to the registered owners of the Certificates to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Certificate (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date this, Certificate (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys for the payment of the redemption price and the interest on the principal amount to be redeemed to the' date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. 4111 In the event of a partial redemption of the principal amount of this Certificate, payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of this Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and there shall be issued to the registered owner hereof, without charge, a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum hereof. If this Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer this Certificate to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance hereof in the event of its redemption in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and from a limited pledge of the 0 -11- • 1111 7 /-) -, I d_, 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 or its redemption, in whole or in part, and ( iii) on any other date as the owner for all other purposes, and 1111 neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record .date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of 1110 Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. 0309028 -13- 1111 -1 A - Iy D. Form of Certificate of Paving Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR S This Certificate has been dulyissued and registered under g the provisions of the within-mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in Dallas, Texas, is the "Designated Payment/Transfer Office" for this Certificate. Registration Date: TEXAS COMMERCE BANK NATIONAL ASSOCIATION, Dallas, Texas, as Paying Agent/Registrar By Authorized Signature E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, 4111 and transfers unto (Print or typewrite name, address, and zip code of transferee: ) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assign- Signature guaranteed: ment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. 0309023 -15- III 7 A - i1 • 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 1110 exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Certificates" shall mean the $2 , 380, 000 "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1996" authorized by this Ordinance. (b) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (c) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. 1110 (d) The term "Fiscal Year" shall mean the twelve month financial accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City. (e) The term "Government Securities" shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and the United States Treasury obligations such as its State and Local Government Series in book-entry form. (f) The term "Gross Revenues" shall mean all income, receipts and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction) of the System, including earnings and income derived from the investment or mom -17- • 7 A- 13 and delivered in lieu thereof as provided in • Section 21 hereof. S (j ) The term "Previously Issued Certificates" shall mean the outstanding (1) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1990" , dated August 1, 1990, issued in the original principal amount of $1, 100, 000, (2) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1992" , dated May 1, 1992 , issued in the original principal amount of $1, 300, 000 and (3) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1994" , dated December 1, 1994 , originally issued in the principal amount of $4 , 350, 000. (k) The term "Prior Lien Obligations" shall mean (i) the outstanding and unpaid (1) "City of Southlake, Texas, Waterworks and Sewer System Revenue Bonds, Series 1984" , dated May 1, 1984, originally issued in the aggregate principal amount of $500, 000, (2) "City of Southlake, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 1987" , dated March 1, 1987, and originally issued in the aggregate principal amount of $217, 000 and (3) "City of Southlake, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 1992-A" , dated October 1, 1992, 1111 and originally issued in the aggregate principal amount of $1, 300, 000, and (ii) obligations hereafter issued which by the terms of the authorizing ordinance are made payable from and secured by a lien on and pledge of the Net Revenues of the System ranking prior and superior to the lien and pledge securing the payment of the Certificates. (1) The term "System" shall mean all properties, facilities and plants currently owned, operated and maintained by the City for the supply, treatment, transmission and distribution of treated potable water and the collection, treatment and disposal of water-carried wastes, together with all future extensions, improvements, replacements and additions thereto. SECTION 11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificates, there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 1996 TAX AND • 0309028 -19- - -02,0 Accrued interest and premium, if any, received from the purchasers of the Certificates shall be deposited to the 1110 Certificate Fund. In addition, any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13 : Limited Pledge of Net Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, the Net Revenues of the System in an aggregate amount not to exceed $1, 000 are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and the limited pledge of $1, 000 of the Net Revenues of the System herein made for the payment of the Certificates shall constitute a lien on the Net Revenues of the System in accordance with the terms and provisions hereof and shall be on a parity in all respects with the lien on the Net Revenues securing the payment of the Previously Issued Certificates. Furthermore, such lien on and pledge of the Net Revenues securing the payment of the Certificates shall be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. SECTION 14 : System Fund. • The City covenants and agrees that all Gross Revenues (excluding earnings from the investment of IIImoney held in any special funds or accounts created for the payment and security of the Prior Lien Obligations) shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the "City of Southlake Waterworks and Sanitary Sewer System Fund" (hereinafter called the "System Fund") . All moneys deposited to the credit of the System Fund shall be allocated, appropriated and budgeted to the extent required for the following purposes and in the order of priority shown, to wit: First: To the payment of all necessary and reasonable Maintenance and Operating Expenses of the System as defined herein or required by statute to be a first charge on and claim against the Gross Revenues, Second: To the payment of all amounts required to be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. 1110 0309028 -21- 7 l - a.a • SECTION 18 : Special Covenants. The City hereby further covenants as follows: S (a) It has the lawful power to pledge the Net Revenues of the System to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing under Articles 1111 et seq. , V.A.T. C. S. and V.T.C.A. , Local Government Code, Sections 271. 041, et seq. (b) Other than for the payment of the Certificates, the Previously Issued Certificates and the Prior Lien Obligations, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System. (c) While any Certificates remain Outstanding, the City will not sell the System or any substantial part thereof; provided, however, this covenant shall not be construed to prohibit the sale of such machinery or other properties or equipment which has become obsolete or otherwise unsuited to the efficient operation of the System. (d) To the extent that it legally may, the City further covenants and agrees that, while any of the 1111 Certificates are Outstanding, no franchise shall be granted for the installation or operation of any competing waterworks and sewer systems other than those owned by the City, and the operation of any such systems by anyone other than the City is hereby prohibited. (e) No free service of the System shall be allowed, and should the City or any of its agents or instrumentalities make use of the services and facilities of the System, payment of the reasonable value thereof shall be made by the City out of funds from sources other than the revenues and income of the System. SECTION 19 : Issuance of Prior Lien Obligations/Additional Parity Obligations. The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, and such Prior Lien Obligations hereafter issued may be payable, in whole - or in part, from the Net Revenues (without impairment of the obligation of contract with the Holders of the Certificates) upon 1111 OM72.8 -23- Every replacement Certificate issued pursuant to this Section 1111 shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, ' or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 22 : Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such limited pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all iinterest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to ' principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof , or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government 1111 0309028 -25- "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or 1110 before the Closing Date. "Computation Date" has the meaning set forth in Section 1. 148-1 (b) of the Regulations . "Gross Proceeds" means any proceeds as defined in Section 1. 148-1 (b) of the Regulations, and any replacement proceeds as defined in Section 1. 148-1 (c) of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1 . 148-1 (b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148 (b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount" has the meaning set forth in Section 1. 148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the 1111 Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1. 148-5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1. 148- 4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that 03osaa -27- 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 in any Investment (or use Gross Proceeds to replace money so invested) , if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby) , whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149 (b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149 (b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149 (e) of the Code with the Secretary of- the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) No Rebate Required. The City warrants and represents that it satisfies the requirements of paragraph (2) and (3) of Ssection 148 (f) of the code with respect to the Certificates without making the payments for the United States described in such section. Specifically, the City warrants and represents that: (1) the City is a governmental unit with general taxing powers; (2) at least 95% of the Gross Proceeds of the Certificates will be used for the local governmental activities of the City; (3) the aggregate face amount of all tax-exempt obligations issued or expected to be issued by the City (and all subordinate entities thereof) in the calendar year in which the Certificates are issued is not reasonably expected to exceed $5, 000, 000. PROVIDED, HOWEVER, should additional tax exempt obligations • be issued or incurred, including lease purchase financings, in the 1996 calendar year which would cause the total face amount of tax exempt obligations issued and incurred in such calendar year to exceed $5, 000, 000, the City agrees and covenants that it will • 0309028 -29- 7Pi - 30 SECTION 28 : Official Statement. The Official Statement, together with all amendments and supplements thereto issued on Sbehalf of the City, prepared in the initial offering and sale of the Certificates by the City is hereby approved as to form and content, and the City Council hereby finds that the information and data contained in said Official Statement pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The use of such Official Statement in the reoffering of the Certificates by the Purchasers is hereby approved and authorized. SECTION 29 : Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates, the investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, City Secretary, Director of Finance and City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and 4111 certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate(s) to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 30: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of III -31- �7 r -3 a intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. III SECTION 35 : Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 36 : Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 37 : Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 38 : Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 39 : Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the S application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 40: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12 , as amended from time to time. "SEC" means the United States Securities and Exchange Commission. 0 0309028 -33- 7C -3LF • 4 . Unscheduled draws on credit enhancements reflecting financial difficulties; S 5 . Substitution of credit or liquidity providers, or their failure to perform; 6 . Adverse tax opinions or events affecting the tax- exempt status of the Certificates; 7 . Modifications to rights of holders of the Certificates; 8 . Certificate calls; 9 . Defeasances; 10 . Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations, Disclaimers, and Amendments. The City 4111 shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Certificate calls and defeasance that cause the City to be no longer such an "obligated person. " The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Certificates, ' and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its 0309028 -35- 0 7fL3L at such meeting, including this Ordinance, was given, all as required by V.T. C.A. , Government Code, Chapter 551, as amended. SECTION 42 : Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, February 6, 1996. PASSED ON SECOND READING AND ADOPTED, this February 20, 1996. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: 1110 City Attorney • 030902s -37- The Bank hereby accepts its appointment, and agrees to serve 4111 as the Paying Agent and Registrar for the Securities. Section 1. 02 . Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel) . ARTICLE TWO DEFINITIONS Section 2 . 01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: S "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the principal offices of the Bank located at the address appearing on page 11 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Bond Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. 4111 030e071 -2- 7A -`-QQ. Hi Section 2 . 02 . Other Definitions. The terms "Bank, " "Issuer, " and "Securities (Security) " have the meanings assigned to them in the recital paragraphs of this Agreement. 4111 The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3 . 01. Duties of Paving Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the Record Date. All payments of principal and/or interest on the Securities to the registered owners shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the fiduciary account provided in Section 5. 05 hereof, sent by United States mail, first class, postage prepaid, to the address appearing on IIIthe Security Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3 . 02 . Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities at the dates specified in the Bond Resolution. ARTICLE FOUR REGISTRAR Section 4 . 01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All transfers, exchanges and 0309071 -4- III7A � payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the S Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. Section 4 . 05 . Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4 . 06. Mutilated, Destroyed, Lost or Stolen Securi- ties. The Issuer hereby instructs the Bank, subject to the provisions of Section 21 of the Bond Resolution, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. IIIIn case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed, lost or stolen Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4 . 07 . Transaction Information to Issuer. The Bank . will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3 . 01, Securities it has delivered upon the transfer or exchange of any Securities pursuant mom' -6- - '- (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. SSection 5 . 03 . Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5 . 04 . May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5. 05. Moneys Held by Bank - Fiduciary Account/ Collateralization. A fiduciary account shall at all times be kept and maintained by the Bank for the receipt, safekeeping and disbursement of moneys received from the Issuer hereunder for the payment of the Securities, and money deposited to the credit of such account until paid to the Holders of the Securities shall be continuously collateralized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for fiduciary accounts to the extent such IIImoney is not insured by the Federal Deposit Insurance Corporation. Payments made from such fiduciary account shall be made by check drawn on such fiduciary account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment. The Bank shall be under no liability for interest on any money received by it hereunder. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the principal, premium (if any) , or interest on any Security and remaining unclaimed for four years after final maturity of the Security has become due and payable will be paid by the Bank to the Issuer, and the Holder of such Security shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. Section 5 . 06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without 0309071 ` -8- Section 6 . 05 . Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. 1111 Section 6 . 06 . Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6. 07 . Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6. 08 . Entire Agreement. This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution, the Bond Resolution shall govern. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. . Section 6. 10. Termination. This Agreement will terminate (i) on the date, of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; S provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof) , together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1. 02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. 0309071 -10- y Exhibit B to III Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 40 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2 . The information contained in Tables 1 through 15 of the Official Statement. Accounting Principles The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to 1110 governmental units as prescribed by The Government Accounting Standards Board. 0 0309028 7 A- 5 0 0 CITY OF SO1AKE •. BONDS , FEBRUARY 1996 Par amount of bonds 2,380,000 bond issue costs-estimate 50,000 Project amount 2,330,000 Resolution for Fund # Item Budget Actual Reimbursement Total General 1 Equipment 330,000 330,000 330,000 330,000 Infrastructure Reserve 2 Land-City Hall (Timarron/Richards)* 850,000 500,050 250,000 500,050 3 (land planning/prelim design-city hall) 0 125,000 0 125,000 4 Street Improvements-year 1 sewer 440,000 325,000 0 325,000 5 Seal-Coat (Cross Timbers) 50,000 50,000 0 50,000 6 Randol Mill-FM1709 to Kingswood 319,770 319,770 0 319,770 7 Brock 58,080 58,080 0 58,080 ri 8 Hilltop/Briar/Hillside/Crescent/Woodland 250,000 250,000 0 250,000 v , 9 (engineering-streets #7 & #8 @ 10%) 0 30,808 0 30,808 10 Summerplace Drainage improvements 0 100,000 50,000 100,000 11 Street improvements-neighborhood 0 325,000 0 325,000 Transfer from Perimeter Road Fund (124,793) (124.793) 0 (124,793) Total-Streets, Land, drainage 1,843,057 1,958,915 300,000 1,958,915 Utility (projects for FY95-96 are funded through operations) 0 0 0 0 Grand Total 2,173,057 2,288,915 630,000 2,288,915 equipment 330,000 streets/land 2.000.000 * Certificates of obligation issued 11/95 to Richards for $290,000. Total purchase price of land = $1,140,450, with $350,400 Timarron credits. b:bnds1296 ORDINANCE NO. 6)66 • AN ORDINANCE CREATING A MUNICIPAL COURT BUILDING SECURITY FUND; REQUIRING DEFENDANTS IN MUNICIPAL COURT TO PAY A SECURITY FEE; STATING THE PURPOSE OF THE FUND; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS,Article 102.017 of the Code of Criminal Procedure permits a municipality to create a municipal court building security fund, and require a defendant to pay a security fee as a cost of court. • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. FUND CREATED There is hereby created a municipal court building security fund. This fund shall be administered under the direction of the governing body of the City of Southlake. SECTION 2. FEE ASSESSED All defendants convicted in a trial for a misdemeanor offense in municipal court shall be required to pay a three dollar ($3.00) security fee as a cost of court. A person is considered convicted for purposes of this ordinance if a sentence is imposed on the person, f:\files\slake\ordinanc\ctfund(09-11-95) 7/0 ,, Sthe person receives community supervision, including deferred adjudication, or the court defers final disposition of the person's case. The security fee shall be collected by the municipal court clerk and paid to the official who discharges the duties of municipal treasurer for deposit in the municipal court building security fund. SECTION 3. FUND PURPOSES The municipal court building security fund may be used only to finance the following items when used for the purpose of providing security services for any buildings housing the municipal court of the City of Southlake: a. The purchase or repair of x-ray machines and conveying systems; b. Hand-held metal detectors; Walk-through metal detectors; Sc. d. Identification cards and systems; e. Electronic locking and surveillance equipment; f. Bailiffs, deputy sheriffs, deputy constables, or contract security personal during times when they are providing appropriate security services; g. Signage; h. Confiscated weapon inventory and tracking systems; i. Locks, chains or other security hardware; and j. Any other item or service permitted by law. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. 1111 t\files\slake\ordinanc\ctfund (09-11-95) 2 749' • SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This ordinance shall be in full force and effect from and after its passage, and it is • so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 199_. MAYOR A I EST: CITY SECRETARY f:\files\slake\ordinanc\ctfund(09-11-95) 3 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 199 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney • if:\files\slake\ordinanc\ctfund(09-11-95) 4 7" , City of Southlake,Texas MEMORANDUM February 16, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 95-129, Site Plan/MCI, Phase II REQUESTED ACTION: Site Plan for MCI,Phase II, being legally described as Lot 1, Block 1, Oien Addition, as recorded in the Plat Records of Denton County, Texas, Cabinet H,Page 9, and being approximately a 1.079 acre tract of land situated in the W.M. Mills Survey, Abstract No. 877 LOCATION: West side of N. White Chapel Blvd., approximately 5750' north of E. Dove St. OWNER: MCI Telecommunications Corporation APPLICANT: Unisite, Inc. CURRENT ZONING: "CS" Community Service District LAND USE CATEGORY: Medium Density Residentia1/65 Ldn Contour in the Airport Overlay Zone NO. NOTICES SENT: Four(4) RESPONSES: One(1) written response received in the 200' notification area: .. • Alvin F. Oien Jr., 1440 Dove Road, Southlake, Texas 76092, in favor. P & Z ACTION: January 18, 1996; Approved to Table (6-0) to the Planning and Zoning Commission Meeting on February 8, 1996, and continue the public hearing. Due to Resolution 95-24 (case limitations), the Commission was unable to take action on this item. February 8, 1996; Approved (4-3) subject to Plan Review Summary No. 2 dated February 2, 1996, amended as follows: 1) delete item#1 (interior landscape) 2) address item#2 (masonry construction for all facades) on Phase II 3) relocate the north bufferyard to be along the N. White Chapel Blvd. property line 4) delete pavement on entry road. • STAFF COMMENTS: The Applicant has met all the review comments of the Plan Review Summary 7C-1 MEMORANDUM CURTIS E. HAWK A95-129, SITE PLAN EBRUARY 16, 1996 PAGE 2 No.2 dated February 2, 1996 with the exception of the items addressed in the Plan Review Summary No. 3 dated February 16, 1996. Please refer to the attached letter from the Applicant for an explanation of the variances requested. KPG/ls G:\WPF\MEMO\95CASES\95-129SP.WPD • • 7C-2 • UNI ITE UniSite, Inc. 1601 N.Glenville-Suite 100 Richardson,TX 75081 Phone(214)669-7600 FAX(214)669-2500 TO: Karen Gandy TELEPHONE: 817/481-5581 x 743 FAX: 817/488-5097 FROM: Bill Roberge TELEPHONE: 214/669-7623 NO. OF PAGES INCLUDING COVER: 3 COMMENTS: Per our discussion, here is my cover letter to you for the resubmittal. It should agree with the P&Z recommendation. If not, or if you want something changed, let me know. New plans should be delivered to Chris Carpenter by courier this afternoon. I will call him to confirm they were delivered. Thanks for continued support and assistance. Bill Roberge u , 4 ;,, 7C-3 .. •• • • • • ._ . • • :. , . . 1 • • • • • . .i. • NOTES, • . • 1 , • . . • . . • ,r WOE 94.Eu vcr:aao Daman•• t . • COPSE ______ Lunt,- t aa�or v otq TO R COPSE raTPK • v a co.a can t arrD MOM.P.rc o Coca • rtua.Q IMTDL0 a a aacn.a Duct n cant ea rumen • P[aaK caws cant.r0 a CRT MT Ya.R naw,a `.. a r • r9M.T( rr raa9m OMR _ t... O.E•atq _ Mo.OA Or MOTTO aD a r t _ _ _ • Maxon v VOMIT*Ptmra ruav,San MCC ccaam t ___r __ .. 1 ..=�'=C _!.' - Pima OW( OWE P,V Cr ILL WO., = r J •n TYPICAL ROADBED SECTION A®III CITYPICAL FILL ROADBED SECTION 0 ElID J • V . 1 • aumaaa • V�Tuatta RTC nn r • T IC •MY V I ..... `= rc ra WT.11,120.act M"!i£:''�. - ■III MIMI t TM Doamt I•a¢ tiM rD ant 0111. <"'.a ■111� • rw[ti,[ ranuD cum ISM MOM M+z7 ■III ro¢rro corn Imo.wE v avow T•r mum ran a.a w.rrrua x� - _ .L111� ��oaccna vMINOT • aaKw.a aa..rmt ���Garwz�111m w,q RC: • i_•_1�F__i__ __}__L_ t _i_ 2._i_ • a cmTP Cr Cad To R. • y._ ._y S:_ ___.__ x>Y�.vy`__�__!__4 t wwww v a Doc can m.D r I• • a Cr rrltiOr� MOM)MCC MC 2IQT KM r-r TO ze Co rTrow MUD IIL ptw our.p{UK 9.v[To WIT nnma r.Taa�a Pa Ire • M MtlOt rtes.Co KO MOST ?:. Too Lu • SILT BARRIER DETAIL ®© TYPICAL CUT ROADBED SECTION L II m SO;Dash,I..a Ion KIPLD TO as rs.ra Ia norru IFGTn v SILT WOOER MCI . TITLE • EARTHWORK AND DRAINAGE • AIX DT L LgDILET SIZEan K..D j' ID D. — MCISTC-5001-0002 DATE EI/07/E7 • . • .- • • ji • • . • NOTES: SOIL CLASSIFICATIONS FOR IMPORTED FILL MATERIAL ON ACCESS ROADS AND SITES ®m 7 UNIFIED SOIL CLASSIFIED SYSTEM CHARACTERISTICS PERTINENT TO USE IN PAVEhENTS • I PERFORMANCE WIET SUBJECT TO 1 • 1 11 NO FROST TETI IN POTENTIAL INN T CRT s 1 TYPICAL NOES FROST LBG+.DE ISM OIMAGDRAINAGE ERRI TIts EcoNAEAam coKAGna EGRP O f AEI OR OM Inn HELL-GRACED GAVELS NO WOE TO VIBRATORY ROLLER.RUBBER-TIRED HOLLER VERY ERCELLENT STEEL•NEEALUMROLL 125-1.0 4e-0/ n g f CN GIAYEL SAW NIRi ES. LI ERE ERCELLEN(OR N0 FIRES SNORT 6 L5 POORLY GRA OS NE OEO GRAVELS NO CO PO TO 1 Q CF CARTEL-SAND .EL LITTLE TO PERT ExCELLENT VILAT 3tT RG1Et RRBER-n RED R0.1E1 Nk1l 11e-I.1 30-11 OR IC FLIES EIRLLENT SLIGHT STEEL-V£ELED RQAFJI 11 S b Sul TABLE SOP.CLASSIFICATIMS c LOW LL PI LESS 0000 TO SLIGHT TO FAIR TO RUBBER-TIRED ROLLER VIBRATORY ROLLER. 125-143 4e-E1 FOR FILL MATERIAL �N SS SILTY GRAVELS. L AI 111A11 MUM MI POOR CLOSE CONTRO.CC P0I371ME A G 3 O. GATES.-SANG- 15 5 S 4. SILT NtTURES NICER PI'BONZES GOOD SLIGHT TO POOR TO 1 ��PP LL S PI INC 7. MEDIUM PRACTICMLY R000ER-110ED ROLLER SNEEFSF00T MUIR 115435 20•41 FIi Lq� IMFA.IGIi .i s 1 S CLAYEY GRAVELS. ORAYEL- PI GREATER SIDNT TO P.tOR TO GZ 0000 RLOBER-TI REO ROLLER SPEEPSPOOT ROLLER 131-1.5 M-.R O aq � SAWCLAT NkTIRiES THAN 7 IEDIUI ►RACTICALLV _ H2 Z lPMETDIPS 1 YFLL•ORMEO 51N05 AW POE TO ti SW GRAVELLY SALES. UTTIE 0000 VERY ERCELLENT VIBRATORY Re.01 RUDDER-TIRED ROLLER 110-131 21-41 OR NG R FINES SUG • I yyL (A 7•: POORLY GRACED SNNC OS FAIR NONE TO ii5 SP GRAVELLY SAWS. LITTLE TO • VERY ExCELLENT VIBRATOR ROLLO%R1O0EIh TI RED RCS.ER 105435 10-4e u11 OR IC FINES 6000 OJOIT _ ___ RI L•x -- SILTY SMCS. LOW PI LL PL SS FAIR GOOD D S7 TOHUM FAIR TO P0011 CLOSE MEWL OF L.M(SiIE OOT ROLLER/ LL S 12e-1]5 IS•.1 • 'Z , 91 ONO-SILT INSUTTABLE SOIL CLASSIFICATIONS ISITURES NIGHER Pt 1ETIEEN SLIGHT TO POGR TO • FOR FILL MATERIAL b SY LL 1►I 4 AW FAIR 7 HIGH PRACTICALLY RUmER-TIRED ROWER. CETF FWOOT AMUR 10e-130 le-2e y'•� 1= $r IMPERn0U1 ••• l SC CLAYEY ONES. 1WE•CLAT rt GREATERPtR71 SLIME TO TOl01•t>, Y2. N/TWAES WAN 7 TO FAIR R, G, PRACTICALLY RlleetR-n REO ROLLER 9EEIKFI70T ROLLER t ITERVIOUS • REF.NATIC.II CRUSHED STONE ASSOCIATION LECOO. LL•LI DUI LINT . 1 PI •PUISTI CI IT HOER : I C0H•CALIFORNIA REARING RATIO I .. I STANDARD SIZES OF COARSE AGGREGATE FOR • SITE SURFACE STONE AND OTHER APPLICATIONS ID • ®© •IPSTRA:TI CM FOR 0R8GAT11N CHARTS. • NUNTS FINER THAN EACH LABORATORY SIEVE I. THESE CHARTS REFLECT PERCENTAGES OF AGGREGATE THAT PASS TIYIQAM I SOSME OAENI NO• NEI GIT PERCENT PMTI CULM SIZE SIEVES. NON INC SIZE 2. FOR ExMPIF. FQR wfTM IRe. 11, ICBR Ce TIE AGGREGATE BILL RE LESS THAN APPLE unDN SIZE W. SCARE OPENINGS NGs I l/2' 1' 3/R' 1/2' 3/8 .7�, �, 1�71 3/e I E SOUR EI 05 LURE NLL 0E LESS THAN 4.75 NLLI PETER NAARF. . 1st EMI - SILT 1ER FENGE BALLAST 57 I' TO NO.4 leg 1 W S1100 20- 1-I/ 0.5 mere 3. THE CHARTS SWULD OE USED TO DETERMINE IF THE COPPOSITI ON OF CERTAIN SURFACE STONE.SHELTER FOR SLAB COSH'pi F 3/M TO LC 1B1 10-100 21-TO' MPS 1.5 INTERIN.SATISFIES ICI SPECIFICATIONS. BURN CO FUEL Tam BACRFILL 7 1/7 TO N0. A lee 10-10e A1-71 1-I5 Ms _ 4. LOCALLT ATM LADLE/NTERIAL STOW TARS OUS STATE D.O.T. OR COMERCI PA.LNART TRENCH 1AOIFILL 1.0 NO. .TO 14 1A , ISO US-1 e1, I0-30 CESIGAT1 CRS t)1FFERENT FROM AST/4 DESIGNATIONS) PAT BE SLOSTITSTED IF ASCACENI NOS REF/ASTH 0-440 ITS COHOSITI C/APFR01I10TE5 THAT SPECIFIED FIT POI.ACCEPTANCE IS AT THE OI SCRETI ON OF THE PC1 CONSTRLCTI CN INSPECTOR 5. COARSE AGGREGATE IE.0. TINT NOT PASSING THE NE. H1 SIETEI SHALL PATE A STANDARD SIZES OF CRUSHED STONE SUB-BASE NANIUH PERCENTAGE of FAR BY TIE Los AOELEs TEST.,OF sa AND BASE FOR'ACCESS ROADS AND SITES C. FOR SUB-BASE PATEAI ALS.FINE AGGREGATE PASSING TPE PO. .SIEVE SHILL ICI MATE A NHIpun SAND EOUIVALEM VALUE OF 31 GR THE FINE AGGREGATE PASSING IPL%NTS FLIER THAN LABORATORY STEM THE W. 41 SIEVE LULL NAVE A MS[ILRH LIQUID LINT OF 25 NCI A PORIIIA. • ITOUFIN OPENING/N EACH WEIGHT MOOR PLASTIC!TT INOF.T OF I SLD•FASE MATERIALS SHALL ALSO PATE A HAINN CALIFORNIA SEARING RATIO OF IRA AFTER FORT OATS SOARING.FOR RASE INTERI ALS. FINE AGGREGATE PASSING THE IO. 41 SI EYE STALL PATE A NARI NAT ' MPLI CATI GH 2 I/2' /2' 3/�' 3/8' YID. NG' NG' tea LI OUT LINT OF 35 NO A PLASTICITY INDEX RANGE OF 1 TO II. TITLE • I I7S PI.5151N 7.1R1 _L1 SUe-BASE INTERIM. I0/ 19.100 c1-17 .0-77 25.01 7.31 1-11 • EARTHWORK AND DRAINAGE BASE IATERIK lee ,77.101 ]S•cs 12.23 c•l5 REF/ NATIONAL CROSSER POE ASSOCIATION • - DRA1N err SIZE DRO N0. C.1100LLET D ML ISTC'S001'BO02 ` �, _ DOLT[ ..........• ---' I 7A� i 1 n� I `_� h----o p i 1 1 QUA1 -- r . P @HU KA1 i 1 1 i V ' i •I i I i 0A( _._��.—_—i---'-� s1474er A-rsso` • r•. - DL• _ ROB- JOKES i ROAD .5 - •-j• ♦ 1 ; ; I x 22\ HEM D. PII� - „ 1B� 9 t B 7 >� 6A - a o SIA4IEY /-99I 1 1 4B BOB JOKES ROAD I— ( ' ,3 g 10 11 12 13 14 15 16 fF 7A F6 D U, , B 17 ' fM1u f,�I'i�° (PFrs`1Y J • � ' Sl/R1EY A-918 I •\ 1 21 19 18 IIIIIIII'IIIIll11111 Hi! I1l-ll I �•11,111111111111111EJ1 II11111I11111111111111.111 I rm` OA \ _.-1-1`_L..: i i'sz-=l= 'i-. �(--rv"-I-_- -11= •t 20 .�_:: -._i 1 -.. .L ---I-- -A- ~ 1-=1- -t 7I 2 T-- 2 IA 1 1—_I_.. _ --1—.. �..rT'v'4_= A-1003' ri , _ lI pip ." tom , I CO. -_I-� ..rIT — I LR4E'1' t7U. MILLS •. pill..�',him., --i • kEDLIlik A-1SR� i i 1 1 1 1 1 1 II 1 li1: 1' J A.r71EY A-a77H 1 1 }. r yI�S 7 1 r iiiiiiii'11'iiiiiliiiiiiiiilll!J j 3 : II 1l• L- 0; iii Iii1 LL I LLLLAUJJJ.11JL 11-USA 1 ' ; • DAVD DOt!JTIIT1 I --• 1',5� r 57A41£Y A-607B ` . I j f. tl:A9:ta 1 .. = •Am r.... gmr, 4 ,.. 1, _ _ L.. -- '- - - - —?w1i:1:1 1 1;,;, DENTON • p,�(� �I(�y ' hie. iy 1"""'1 l'I i ►. TARRANT — f11tSG`UU9 U ( IA ,VI%, ��1ILLS I 'B -� ::, y' DRIVE� rT•-I . rl[f A-741 .� SLR1lY A-1068 jY -..I \ \....,...1-- — —1— / 5\ IR O AI f{p 1�t� ----/-- bR 2A7 2lLS! I t 4�\>,. �V1+ Ill I -• .i.. • .// I •.,_�•, 1 ,1tP(/�sautxuuc I 'QI' I 4.6 Ac •_ Ac ' I 1A ' I -�- , �' '1.. / 11 1' r�. • - -.1 ViNti ? / ' ,a1 253 1 '� aet 1 .�11Ai / �� ter-- / • r tiIf1�.� U;nl�►G�41(nl I `" © �® ADDaQN + _�� 3A �` strRte,' A-rms us 3A1�� �� I 1. 3A,I\ 3A4 REIS D.I P I Icy F r--- 21.6 Ac A1 r cI • 3A1 3A4B 3 .• A-1207 �j�'j`i I i ��� 3A4A 19.77 k 91° NC% ___ J �ti , 1 �'g' ANTE I `✓, �(� ♦_-tom--1• 3A3A1 3E \� -12C \-'i 1.----- sI` 6.95 Ac 1 1-T-• A - Ii �. f3Ay4 i1 i1 1G1CIC �*•'1+ `t\ I --�! Jr, ICI 1Ci11 I ' 7A1 , r„ l9 161 28.73 8c '(n^. 1C1 ICIE1AI EU IA 7B ;-��/ 5.14 Ac i 1CIE1 24 fill , � p�I i 2 ee IE2 1C3 J •r x LAI• 5A A...� IBIBI ) r.KEES E. Iit6 TIN - rvD �0 i to 1C1E18 10 k NEM- B.1 VSl. G q Ik KM 1818 BA MIA BEY A-1134 .... I-1, tE o f'��y�- I :1V C �� 182 SLRIEY A-1107 1BIC •1v ! S�i5)EY A-390 a 4A 4 Fe s �C 48 4A2 i, ICl IC LL r. 0 ''. 1 M1 t 4�1{482 1B1 •��\1810 m 77 At I I 2 AC 3.79 Ac & i 0,Q 4 '" - 13 o_ 3 1 c 1 L.,"' O I 7 Vi 1 1 4 I 43 Ac 181 32.8 Ac a f'� A �!2A2 --ftF• TRACT MAP I;" 8" =111.1182A - - 1QN 1 ;' 7A1 7 iPv . I A N _ 4- 8 9 1 `. \ �7 (� ' ' EAST GO`1C Sr - - 1 A 182A1 -,r• I 182 7.36 Ac \ \ /C-9 12.15 it l.I7 ..2 k 1J 1 i I S� ,BSC 182 14 111 I I IA_L� 11 AIYl� 1. .i �, • IS Spin #1 Representative ` Cara White I _ I 1 1 1 1`1N 11 1 1 ( ------ \ Lii � � < 1 i I 1 I I 11 / , Z I 1 I 1 1 I I I USA DRUVI w I I I 11 1 1 HIHILI 1 1 %i) A. Oien : Q2 I I I. 7 ‹, U.S. Corps of Engineers I _ 1 Q.• I I I I I I "AG" AG ►- 1 1-� APPIE I T 1 (Y I /111 1 1 1 1 1 1 o �■ 0 1 imi..61 1 .L.�.._■ i city of ' I I I . I I III - \ A. Oien Southlake • 1 NJ. v� ! I f,_ I 1 „AG,.' Si AG . .► D E I n I � I � U.S. Corps of Engineers r n '� Z'City of z-n I "AG" 0 • z < -,-i Southlake — I/ 0 , , i Z� Z (Y / 1 _1___ U.S. Corps of Engineers "AG" J.S. Corps of Engineers "AG" 2A7 2A3 • 1 I 1 II 7C-10 III , i ADJACENT OWNERS 27 Ac AND ZONING - - City of Southlake,Texas MEMORANDUM • February 16, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 95-130, Site Plan/Anderson Professional Building REQUESTED ACTION: Site Plan for Anderson Professional Building,being legally described as Lot 1R1,Block A, Commerce Business Park, as recorded in Cabinet A, Slide 2552, P.R.T.C.T., and being approximately a 1.5619 acre tract of land situated in the Thomas Easter Survey,Abstract No. 474 LOCATION: Southeast corner of Commerce St. and E. Southlake Blvd. (F.M. 1709) OWNER/APPLICANT: Stephen P. Anderson, D.D.S. CURRENT ZONING: "I-1" Light Industrial District OLAND USE CATEGORY: Mixed Use/65 Ldn Contour in the Airport Overlay Zone CORRIDOR DESIGNATION: Retail Commercial NO.NOTICES SENT: Six(6) RESPONSES: No written responses received within the 200'notification area. One (1)written response received outside the 200'notification area: • Peter Sporrer, 1214 Woodsey Ct. Southlake, Texas 76092, in favor, "As long as property is mowed and kept this way during Development/Site Plan and eventual building of the structure." (SPIN Representative#7) P &Z ACTION: January 18, 1996; Approved to Table (6-0) to Planning and Zoning Commission Meeting on February 8, 1996, and continue the public hearing. Due to Resolution 95-24(case limitations),the Commission was unable to take action on this item. February 8, 1996;Approved(7-0) subject to Plan Review Summary No. 1 dated February 2, 1996, amended as follows: 1) deleting item #2 (allowing pavement for parking turnaround in the bufferyard) 2) on item#6,allowing the north building facade articulation as shown 7D-1 City of Southlake,Texas MEMORANDUM CURTIS E. HAWK ZA95-130, SITE PLAN FEBRUARY 16, 1996 PAGE 2 and working with staff on the east and west building facade's articulation to meet the intent of ordinance requirements. STAFF COMMENTS: The Applicant has met all the review comments of the Plan Review Summary No. 1 dated February 2, 1996 with the exception of the items addressed in the Plan Review Summary No. 2 dated February 16, 1996. KPG/ls G:\WPF\MEMO\95CASES\95-130SP.WPD • 7D-2 :.IIIIIiilf IIMOr:\d, H l l , 1 w(J __ I ..,. .ll 28 2E 2a 2R 2M j '�. .•Homo 5-111 :I ;91 OPA�..AI al al i - K i -I - 562D --. . •',Y vyy� 2AlA t P ` WO ^ 2A2 i 582C 6 J I t6R / 2A1B 5B213 582A L _•u_ ar.t�,_ ',11'''g) L E A8TEW ! _� '8 113 B 5 L SbN/fY A-a3D r f1 • 11111 EAST �' ST PKWY © �r2Eta A 2E9c E�7® a:.01 2.: �,•. V R ' BM. ' , i 2E12 iffa fPR p i ��fP KC �,] ! i � II/STIN PLACE ADO 'ir* • '•� Mr i �•�.� 7''ii LA 4141 ,evamL.,.e 2E5�i �� ---•��. ply? t -'- if�J,I.• I-.-_.__._.y.___•_- 4i� HIGHWAye ..EZ ffi 1B2A 162 113 ; ` Lam. '---•' —.---•-•y ..�•% ,,•• te4 L • �L. 1 r--I I I I 1 , I I 1 1 i • •. `r Ad _ _ 1B2B l f�, IriR•, lL._=A I 1 1 � 2O ' SO •• RR09 �lrhitikkoali • e� i i JT 7 121''., .i 2E r.,, Sao Ji , � 1B14 0 .11 f ,plikeis yLy ,\1,1 16 3 AC'IIIII ' !` Si 1C © . Y L 12p9 ac -- 0 30 I I,. 11A i. I F9 f'"---. ,p t •-^---•--- 11E _._.--- $ .�i� I; i,. gI 4 T�'Ii�MAS � ` FF .. 3A lA -.ti .--. A-474 I 14141 - _• Ili i II . 5 - �" p ii� ,ry ,3$Ac riN145- __ -___ -'I MM5/ __� Al s1.111.1, >> 38 Tranvia , i I y , i 1 i� I 8 63? 6K1Sri i 1 , 1 m Q i n95At ®1' 11na r•� IIII I , 363 3 1 GRAPEVINE CITY LIMIT ? jii 3Ac 6.I5At i .__-.___— I1 INDUSTRIAL BLw i 6911 '�----•E •1 , • %0( ;-gp,RK 4 rO yN591 _ ; ; ESN 1 6E B�5 u1 ;; �y)0,. 61'Ac ?Rypl, ?AR ; 1 M Y 1Nfl 5 6F I I I 1 aA , 1 1 i 1 1 1 i I 1 _ Phg*©GvlA D�-, _i RAP , 1 1 ! --- - /'�,�,SURVEY A-7013 ,1r III 161A \\` 1 nL •Ak'. 7 S _ IBIOA WI .QrF�C B5c2 15.6 Ac \ • , R (I I hili I: gwat 1691 ,91 12 i t ril* 1068' 1A pYr Aid ,A m ` �1Bfa3 /'� : riz, E: : 4AAe i 3 `, FOAO 183 1818 4A2 • 48 CI• r `((j)mpsoN _- -. r0�/ y SL�R�IE�sY IA-fS77 GyJ�i D�C F 15 Ac IV lAl R L Y t 4156 4pu � -�p TRACT MAP -------\ LI _ „lop, i \"1\\ I 7D-3 o y so J \-- 0 , , v "AG" 8 31 A. Smith 3 31 00. State of-vexes___- I 3 A 2 2 3A „ J. Gregory R. Pack fJ ' . A _z_ "I-1 " \ r - — — — — ,__ _1_ /A s_, J. Stacy (n R. Pack. — . •----- - -)--U r. "SP-1 " o "1-1 " D. Sturdivant W Spin #7 Representative W ��I-1 LLI Peter Sporrer p \ r -,\ C _ o I Slri i (-1 0 • \ \t \ s 1 — ---r7,1 / \ 1 -4 Z- --.." - . '.. .. __ IF - ADJACENT OWNERS 'RVEY A - 474 1 AND ZONING a. City of Southlake,Texas 5. Provide horizontal and vertical articulation of the north, east, south and west facades of the building S according to the requirements Ordinance 480-S, Section 43.c.1.c. Compliance with the articulation requirements are listed in the chart below. Articulation Evaluation Chart Building Horizontal Articulation Vertical Articulation Facade Req'd Prov'd Complies Req'd Prov'd Complies Front (north) Max.wall length 45' 59' No 45' 59' No Min.Articulation Offset 2'-3" 2'-7" Yes 2'-3" 3' Yes Min.Articulation Length 11'-3" 21' Yes 11'-3" 21' Yes / Left Side (east) Max.wall length 45' 23'-8" Yes 45' 76' No Min.Articulation Offset 2'-3" 2'-4" Yes 2'-3" 3' Yes Min.Articulation Length 5'-11" 1'-8" No 11'-3" 14' Yes Right Side (west) Max.wall length 45' 34'-4" Yes 45' 341-4" Yes Min.Articulation Offset 2'-3" 1'-7" No 2'-3" 3' Yes Min.Articulation Length 8'-7" 14' Yes 8'-7" 14' Yes Rear (south) Articulation is not required.This facade is not visible from F.M.1709 Max.wall length Min.Articulation Offset Min.Articulation Length • It appears that this property lies within the 65'LDN'D/FW Regional Airport Overlay Zone which may • require special construction standards meeting requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit, a fully corrected site plan, landscape plan, and irrigation plan along with the building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. * Please be aware that any change of tenant/owners or use with a request for a new C.O.will require that all parking area requirements are met and meet the "all weather surface" requirement in the zoning ordinance with all fire lanes per the Fire Department's requirements. * Denotes Informational Comment cc: Dr. Stephen P. Anderson Morley Architects 6:\WPF\REV\95\95-130SP.WPD 7D-6 A r ter\ r ztar ':: ," �'�� ✓ \ ,rr ..... M>•..w / r r •prin ✓ ✓ 0.r4 P. 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Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-190, First Reading ZA 95-127,Rezoning and Concept Plan/Southlake Commons REQUESTED ACTION: Rezoning and Concept Plan for Southlake Commons, being approximately a 29.516 acre tract of land situated in the John A. Freeman Survey,Abstract No. 529, Tract 7A LOCATION:. Southeast corner of S. Carroll Ave. and E. Southlake Blvd. (F.M. 1709) OWNERS: W.E. and Dorothy H. Dalton APPLICANT: . First Gulf Group Development, Ltd. URRENT ZONING: . "C-2" Local Retail Commercial District REQUESTED ZONING: ‘'.5.72.12.1Cioneralized Site Plan Districtlwith"C-3" General Commercial District uses LAND USE CATEGORY: Mixed Use CORRIDOR DESIGNATION: Retail Commercial and Office Commercial NO.NOTICES SENT: Seven(7) RESPONSES: Three (3)written responses received within the 200' notification area: • JeffAvery(Avery Edwards Custom Homes), 17814 Davenport Road, Suite 115, Dallas, Texas 75252 and Dave B. Marshall (Murchison Properties, Inc.), 1445 Ross Ave., Suite 5300, Dallas, Texas 75202, is opposed, "As owners of the adjacent residential property to the south,we are concerned about the effect of lighting,the adequacy of the landscape buffer and the appearance of the masonry wall." (See letter received February 1, 1996.) • Kevin Egan, Huntington Homes(Sanders&Assoc. Custom Builders), 16610 Dallas Parkway, Suite 2300, Dallas, Texas 75248, a builder in Oak Tree Estates, is opposed to the rezoning for it will be inappropriate and impact the value of the neighborhood and it's marketability. (See letter received February 2, 1996.) to-1 it MEMORANDUM ahrCURTIS E. HAWK RD. NO. 480-190, FIRST READING FEBRUARY 16, 1996 PAGE 2 • Jon C. Napper (Husseini - Smock Joint Venture), 4222 Hallmark Dallas, Texas 75229, is in favor: 1) enhance the retail opportunities . within Southlake, 2) improve the overall retail image of the region, and 3) improve the value of the properties. (See letter received February 8, 1996.) Ten(10)written responses received outside the 200'notification area: • Errett and Shelly Bozarth, 1300 Kings Brook Ct., Southlake, Texas 76092, is opposed to the rezoning change due to them relocating to Southlake for the"historical precedence of a rural atmosphere and the existing zoning". (See attached letter received January 23, 1996.) (Oak Tree Estates resident) • Elizabeth Hartman, 1365 Bent Creek Dr., Southlake, Texas 76092, 7 . in favor, the proposal will provide "a positive image and needed services to Southlake residents". (See attached letter received • January 23, 1996.) (Timarron Phase I Section II Village of Bent • Creek resident) • J. A. Browne, 1308 Forest Hills Ct., Southlake, Texas 76092, is opposed: too large, opens center up,to too many operations, no longer a.local type of center (bars, lodges, and clubs), there are } already two movie theaters (multi-screen) within 2-3 miles of location,noise and traffic will have bad impact on area, and property values could suffer. "I purchased property in Southlake to get out of traffic." (Oak Tree Estates resident) • Michael Toon, 4155 Briargrove, Dallas, Texas 75287(is purchasing a house at 1221 Forest Hills, Southlake, Texas 76092), is opposed, "Regarding the subject of a property rezoning request, I believe the line of cooperation between the city and a creditable development company should be drawn and held when it directly impacts adjacent residential areas." (See attached letter received January 25, 1996.) • Mary & Bill Tinsman, 1315 Kings Brook Court, Southlake, Texas --� 76092, is opposed, "We do not want additional'night' activity." (Oak Tree Estates resident) • David W. Watson, 1204 Hidden Ridge #3018, Irving, Texas 75038, apparently is intending to buy a residence at 1308 Kings Brook Court, Southlake, Texas 76092, is opposed. (See attached letter received January 30, 1996.) • • Thomas W. Morris, 403 St. Charles Court, Southlake, Texas 76092, is in favor of"an upscale shopping center such as the one proposed by Southlake Commons would be a real plus for our city". (See letter received February 5, 1996.) • Loree and Dennis Green, 404 Edgemont, Southlake, Texas 76092, is 8A-2 . MEMORANDUM CURTIS E. HAWK RD. NO. 480-190, FIRST READING EBRUARY 16, 1996 PAGE 3 opposed, "This change will not only lower the value and appeal of all of our homes but the appeal of Southlake in general. What brought us to Southlake in the first place will now be destroyed. We are very opposed." • Craig and Linda Kay Smith, 1303 Forest Hill Court, Southlake, Texas 76092, concerned and disappointed, "about the city Li considering a proposal to change the zoning". (See letter received February 5, 1996.) • Dianne Neville, 560 Truelove Trail, Southlake, Texas 76092, in favor: 1) quality development, 2) fits beautifully with the future goals of keeping the inevitable growth of the business community in our town positive, and 3) one central area bringing our citizens together. (See letter received February 7, 1996.) P &Z ACTION: January 18, 1996; Approved to Table (6-0)to the Planning and Zoning Commission Meeting on February 8, 1996. February 8, 1996;Approved(5-2)subject to Plan Review Summary No. 2 dated February 2, 1996, amended as follows: 1) allowing the driveway throat depths on S. Carroll Ave. as shown, forgiving approximately 10'in item#1.(150'driveway entrance throat depth requirement); 2) working with Staff to reach a mutual agreement on the last part of item#1 (the driveway entrance adjacent the northeast corner of the site has a throat depth of approximately 65') and all of item #2 _ (common access easement encompassing the northeast driveway entrance,travel lane, and"stub"to the adjoining property to the east); 3) noting the wall in the bufferyard to be 8' in height; 4) extending the southern bufferyard to 25' in width; 5) including in the southern bufferyard the following plantings: 65 canopy trees of 3.5" caliper, 80 accent trees of 12' to 14' height, shrubs will be designated as stated in the ordinance requirement, and a strong recommendation that evergreen trees be considered; 6) schedule as presented for the interior landscaping on the south; 7) hours of operations are as follows: retail till 9:30 p.m • ts, movie theaters, and bookstores with coffee shops 11 12:30 a. .; delivery between 7:00 a.m. to 6:00 p.m.; 8) no outside P.A. (public announcement) systems; 9) additional restricted uses are as follows: no gas stations, no taverns, • no gyms,no nurseries, allow dry cleaning plants but limited to 2,500 s.f., allow printing shops but limited to 2,000 s.f., allow grocery stores but limited to 12,000 s.f. 8A-3 MEMORANDUM CURTIS E. HAWK RD. NO. 480-190, FIRST READING FEBRUARY 2, 1996 PAGE 4 STAFF COMMENTS: The Applicant has met all the review comments of the Plan Review Summary No. 2 dated February 2, 1996 with the exception of the items addressed in the Plan Review Summary No. 3 dated February 16, 1996. Although not required by this review process,the applicant has provided a conceptual landscape exhibit for the southern property line adjacent to Oak Tree Estates and a conceptual site lighting exhibit. A super-majority vote of the Council will be required for approval of this item due to the opposition(within 200')exceeding 20% of the total land area. 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Peterka "C-3" - - - - - - - - - —State of Texas R.O.W. - - - 1 i 4D 7A /// , . _ ) r ill A. Prade 30. . 0. Ac . I Air „AG„ 01 1 • I Smock & Husseini JV Spin #8 Representative "0-1 " Patti Minder I/ \ --—- -- . I --- ► - 1 I I t I Murchison Properties Inc. +Sunders Custom Builders Ltd. Murchison I 1-:,1 "SF-20B" I Properties Inc. I I \ Tom. 1\I �l N N \ WESTMONT • ; 1 i ADJA T OWNERS 1 1 1 jel- ) PI -) (*F AN ONIN G • > . . S CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480/190 / AN ORDINANCE AMENDING ORDINANCE NO. 480, AMENDED,THE COMPREHENSIVE ZONING ORDINAN OF THE CITY OF SOUTHLAKE, TEXAS;'GRANTING ON1NG CHANGE ON A CERTAIN TRACT/OR TRAC OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXABEINGr29516; ' AK ACRES�'STTTJATED..':IN'THE JOHN'rA FREEMANN°SURVEY ABSTRACT:NO 529 'TRACT':7A = MORE FULLY AND COMPLETELY DESCRIBED E IN ; BIT "A" FROM C2' <CAL. RETAIL COMLE ; ,,;DISR1 lTO 'S.P-2" GEEALZDSITEPONDITIRCTWH",C=3¶ GENERA.IJ COMMERCL4LDISTRICT..YUSES; SUBJEC THE SPECIFIC REQU IREMENTS ONTAINEh IN THIS RDINANCE; CORRECTING T . OFFICIZONING MAP; SERVING ALL OTHE ORTIONS DE THE ZONING ORDINANCE; DETE G THAT THE P f LIC INTEREST,MORALS AND GENERAL WELFARE DE THE ZONING CHANGES AND AMENDMENTS HEREIN ,/ • DE; PROVIDING THAT THIS O'"P INANCE SHALL I :E CUMULATIVE OF ALL S ORDINANCES; PROVID ► G A SEVERABILITY CLAUSE; • PROVIDING FOR A PEN!. TY FOR VIOLATIONS HEREOF; PROVIDING A SAVII ( S CLAUSE; PROVIDING FOR • PUBLICATION IN T iL r OFFICIAL !` PROVIDING AN EFFECT'JE DATE'. WHEREAS, the ity of Soutfil , Texas.is a home rule City acting under its Charter adopted by the electorate pursuant to i le 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 "C-2"`Local Refiail Commercial lunder 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 G:\ORD\ZONING\4 80.l45 Page 1 :A-27 • • the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake,.Texas, further considered among . other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, 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 0 requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was Made; and, • WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land,avoids undue concentration of population, and facilitates the adequate provision of transportation,water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas,has determined that there is a necessity and need for the Changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1.S That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas;passed on the 19th day of September, 1989,as originally adopted and amended, G:\ORD\ZONING\480.145 Page 2 8A-28 • • is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: • Being a129.5,1'6 acre tract of land situated in the John A.Freeman Survey,-Abstract �1d. 529;Tract 7A,and more fully and completely described in Exhibit"A"attached hereto and incorporated herein,from 4tC-2" Local;Retail.:Commercial District.to"S;; P-2'-Generalized`=Site:Pian District With,"C=3"''`General•• Commercial District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". ;j 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, S 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. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or Srefuses 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 G:\ORD\ZONING\480.145 Page 3 8A-29 1 1 Sviolation 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 from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1995. • • MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR S ° G:1ORD\ZONING1480.I45 Page 4 8A-30 • ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: • CITY ATTORNEY DATE: ADOPTED: • • EFFECTIVE: • G:\ORD\ZONING\480.I45 Page 5 8A-31 NOW/LPC•--I BUfTIRfMDS fi`:ii?s?'t. I�r nn �r nn nr�-� kr.-vKL MIMI NON1041/1-1N7 OUREWVON rn[ WON t 7sm Wcs SAWS e 1 I[O.INED 7Pd D 51 +1 1m FEB 141996 �d D II Im rAfr -I6P • ROLYQD IP-P C 29 N 1,6 _ ��� _.' - MONO 1P-P 0 SI N 116 LwDsu7(D arrzR sounl-u1r MONO IPd rl MO(I 1/2 CAPER) A(I•Nog IN O SFCIIOK km SOUTH PWICX7r LINEgmtIXD A'd r u45D1u1' IS(1 1/Z CNrP) A(IP KM106 wt wow or oar .m -Isr r0.a 41 • swam IPd 0 2 A 96 • • A ism MOOT 1119 Ot s0uD1 NINO 101 E a7 ` • INTERIOR LANDSCAPEF.777.1. T F.N.HIGHWAY N0.1709 ' 1 (NNW 2(ORWEANIK GNOPY A<wrr MS 94645 COMM A CI1K COVER IAMtlAIL SIPI rfNIT.Itl-H•,�;;• 1D,yy�L II RP040 ROAD ROOM MAN LK L.WW7.1f.fI! I.f1R V ' I I AR(A KOM(D: 157,70 ff IA 3N 7167 16700 Sr r:a .•:8':...,b\h•.°•2 a<:` I',I Y. :;•;:f. �.;.;: — —-—- (50.IU0.10 ARLO �..0 ...s., se: ill .. i: b.•• gg , 7A 311 IN 7 11m u 12 • �LFLT� S PARKING • • 1, 413 SPACES h t ' PARKING :3:3•Y 411 SPA S OWN EW — =:. I!) ,:._ .iiiri,1/403„, 44, ... 1 If . • III • PAR wG ` Y �� SEE 133 ACES BUIDING A M,{ 1 7i•., , OISIV0I COAX Or y B•. au 1. DEPARTMENT STORE 'i`�:Y:�. i i marta�.I m0M9�'.swc l .v \' S0000 S.F. .... 13 c k ,,,,.m�9°•n aaw.mti.1' • • i{' 1N-F WY. .h 5}-,'�,:,^:� +l�... . ;�•Sf 'I 1 PUN iY u1 rem. tv I..4 p.p. 'I Yf BUXDINC L BVRDINQ E r+ -J12 :• RETAIL BLnIDING D I i RETAIL I ii •_ _' • y %. 5t ' ,G600 S.F. RET11L t 19300 S.F. ■ , 1.-, ' X6 DATA SUMMARY w..+tt• VI w 1 = .ti 37(00 u.' + -- .ti< �� c F ii i}5g ., MO=RAMP.• V m1a® w.l•I... 1 � a c k sc. �QI� •m n SOUTHLAKE COMMONS '� y � ':1>=•i_ eo ". ;y TARRANI EDDNtt bSk ff "?n-�_+, k •',y' - Buwwc B •' ...• 00 ii 6�k5 o ow" n„"`,a SDBDiAx[,R7U�5 • »I .'v:�5_ • � y _7t DEPARTMENT STORE al. ��° Y BUILDING ,.?:,'A T.j •• r•:T:;P.,74.37 -ate,. 70000 S.F. ,,, . °"" 7 BETA L 2{ ':p t ..: y'. ` was ssm r W E.DALTON AND Cial 3200 S.F. ~K Tif -•i-•,•7•:? M? .• -,'f.. ayif� R ¢.crier •;i '-1!{+'5.�1� ,..'•,,,,,:>F' Lr �" Art 1MArt mnr Dr,' ......... AS MOW(H.DALTON 7. ft ..%H ...�:?,�o L"',r •:: OOSWc Dd((AAl • ov vc 14aRR.¢ 231 X NORM LEST NOMAY ::.,,,Y:.: ,9, . ana ow.mow x or SLUE 3320.P.O.BOX 54287 148-• • Y •''.• t s• te - ww.Wa•q -014.40 DRUM.TOMS 75151-2257 • BUILDING C3 6 •`''�... :<aY.•-•' � 406...6.WEN Pa Ito0 st"'sw a..r. III 4.4 'NEATER 0000 S.F• BUHOw5 x • 1RAD Nc c - mm as DO FIRST GULF tS U RETAIL 1 RETAIL -,#' �:iZ' 'S.,G,'•.4•'Y"v ���:'s'�'+<i aoa r.aa Kcw.u. Q, > 30600 S.F. ,' Y a =. +r.v.+-.• ^••li:...- •W Irm DEVELOPMENTS LTD. 19300 S.F. ., :.:`'' MR We w•.m 1010!220CE GARDEN OBOE 0IINS EL CPO •©y, • SOTE T94 1W '�xs.•• ur !I1 ,,. or., .`'- b - r.tom�m • B ONTARO.GWAM a• _ : ' D r ' ai ro®' na sm LYR Xi • 1 __:_ k 1 tlrai tQ.aA rIPmP m• IOW IAg1pT �, n P Q : II : : JJ4 : II ± y pq 10 w�I16vaa IC.RA MIK..N.c e.rLwca as nzaalDraP io 4II]AgR®.,LK IOm1••si Mm o ..,aCVma ;,•_ �+• oull cRUC•RtOMR IF/SINGPLAN j1(A: :::::.:,•:... ,::::<.... S. a m nia CPI•.Pan ,:..,. ........ .4.77:.,•.''''• •• .•::::.: L :...•:..:•::..:WY;:I:;..i i:I•:' ... .... .. c1,i; ICU 1n/••n Pal. •Irr17c 77 © :: '. a NIWItt J.27�:x.•7,.•s:. .. : ........ m PR un ffIli Y n `" CROSS S.06 E IS? ACRES ODSwO ,.ND IRI•p amp, CPW®H M 71' I -— m RIn I0 0•m 0acn CASE I10.2A 95-127 Nam A t-P •n01 No fRPGrr 1K MICR 1 :•�ttOE 2 3 4 0 7 B N ' nu 9 10 11 12 13 mMII1 •n Pan Z� OCR w.s MA•ORM Pat.w01 . Pa MP. CR. CUM ra LIMO OR= P.Mon ua Mt woos.,.. Pa WOW. P.1�a LII Y.•a... a NU cn.00 WW1 ��• ® G/;fl?-I,2�- .VPRIIC 1Vaoc 1•91C1 a. Itl.OIC.0 Ia Km VS •.m La YIP Ia •.lull umla IgOt/a'. 1.DAIS IaLt•n Pan • fr IDS IA n m•rt Ir IQ Ie.n ua m•n as In m•n UR m•n Ya IOW/ W .MIT RR m m.n c. d•to ow 1m taln ua man m llln�[[.n PRn t1t.4 •fmb( l.l'.Y tRIIYL 9m4 I. ttPlr 1Pm4 t90I1I4 APM m xln mLt•a m•0r y� bQ FA •a.1 SA PM.A PRO•AICC.AMR MR 1A ]e.•9A• 19•a In• 1•.a r>s V.lA 111IQ ilv Y AMU fA m x19 m(••a CURT ' tIi I nmtl T?: OA%TREE ESTATES D..•as-r-{•IT, I • . . ' . • 7 • • I 195'-0' I s0'-o• 1 HIGHSTANDARD30'-0.CUTOFF LIGHT STANDARD WITH CUTOFF SHIELDS PROPERTY UNE ! RESIDENTIAL PROPERTY !90'-D� Js'-0 ROAD ALLOW — MECH. i TWO STOREY RES. i i LINES of sail I. I i______- a l� j I RETAIL 631.0 8'-0'HIGH DRIP(AND ,y7 by. CUTOONE WALL II ®SITE SECTION SW(IlW.C.-0- VD I QL 00 mmw.r.-Ors it I 1 1 I li I 14 V/II MO... �A aTart Wr o< 1.--1 F-� Loo,c L101T 060.000N f '_ O I $ 1fQ ECOMM Li I e t ) I 4 Y = i TARRANT[MY SOUTH IDS Q ,\ 1~ t E=7I• l.J O \ ' /� I W.E.DALTCN MID RWD PAKL[Mi�~ I J (, V = t ' , 1 1L I/ i DOROTHY H.DALTON 1 I 0-o I i 0-0 0-0 I i au N0R01 WEST NOWAY i i n L t i CALK iOAASn22991-OCO�7' n E=a a cs _.. j i i . d ` - '/ — NM Mtn sLDns'�- -- = I FIRST GOLF CROUP I• k i DEVELOPMENTS LTD. N.887613'L 22• H 10 KOIC EROGE W BO GARDEN OE COMA 1T A ROM WRONG -0• W BMOC MM EAIliRYARO-REDIRED 17 TITS TT J L— 9Ud ONTA 04 CANADA PROPERT LK Tr MC O11STDE ANL PROVED 25 9D WARD MS 7c6 • 1 2 3 4 7 Ei 9 10 11 12 13 S AeOL Oro(9A1 COOL RADOM COOL WAsra AWR WARTSM O.-SOOA WSW ORR SLWOA WOW. COOL WOW CROW COOL WOWS ArsTW COOL SNGOS QM MOO 91A06 WM MAR uRAAmI `.. ALororela o::.w.�.+. • • WOWS RAOI6 K RCM=K. IAAQRS K ARM LM. RAM LL REM OE MCA LIE •• l6 1.120 lL nAR121 K IR - LOGO Sa Ma man IR Lra 0091T .L1A IOC TO=TT ID Kt man ID WI LOM E 'IIR ICE OMIT MIT WE ILO MIRY un WA LOON LID Oa Comp LID ILO PARTR AR o,,.,....•.`„y MOO WWA PARR DAM LARD ft MAT DAM PARR DAM icons H I0/IG 9]01 lARD 9 7YG PK`ar" lARD DAM ram•^^4..r.ym OAK TREE ESTATES CONCEPT 91E SECIICN • g rpn`�nnnr z AND STE LIGHTING CASE I r I I- N0.LA 95•127 FEB 141996 DPART PLAN - PARKING LOT LIGHTING CONCEPT LAYOUT to _ I_?I T1 I.7: I ( (Ell.. . iceOO I""A WAIL Nu . ((✓1 9552-D-002 • • . 11110 • • City of Southlake,Texas MEMORANDUM February 16, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 96-05 Revised Preliminary Plat/Village Center,Phase II (West) REQUESTED ACTION: Revised Preliminary Plat for Village Center, Phase II (West), Lots 3 and 4,Block 2,being approximately a 21.352 acre tract of land situated in the • T. Mahan Survey, Abstract No. 1049, and being legally described as a portion of Tract 6, and being a revision of Lot 3, Block 2 of the previously approved Preliminary Plat LOCATION: South and adjacent to E.Northwest Parkway (S.H. 114) and north and adjacent to E. Southlake Blvd. (F.M. 1709), approximately 2000'west of Kimball Ave. •WNER: James Farrar, et. al. APPLICANT: The Midland Development Group CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use/65 Ldn Contour in the Airport Overlay Zone CORRIDOR DESIGNATION: Village Center: NO.NOTICES SENT: Four(4) RESPONSES: No written responses received. P &Z ACTION: February 8, 1996;Approved(7-0) subject to Plat Review Summary No. 1 dated February 2, 1996. STAFF COMMENTS: The Applicant has met all the review comments of the Plat Review Summary No. 1 dated February 2, 1996 with the exception of the items addressed in the Plat Review Summary No. 2 dated February 16, 1996. 'G/ls G:\WPF MEMO\96CASES\96-005RP.WPD 8B-1 ) • _ j I ��; 1 1�•.. jrL RRy JA1H2 1 I21 I Ix .)T1 ; -.- lb I i 1 1 `y G 1o.a a� :32A 1 \\� F 1 v �• !> r i I i i i I `I I ) 3AID2 3A1H2A , 31 I'1 1. JACK D. sIl !! 9.41 Ac 3 Ac '� j it 2F4A 2F4 p u`p "CC�j �}�'j 3A1D1 33A1H 1 i ZF `'� `.r ELEMENTARY 14 .7. 3A1H JA1Hi .r.--_. 6.7 Ac 2EI ;711�Lmarm ■ L. •\. (1 _ 1 f gal!. f1 2E 2E21.. L.1r1_lrirl "� p - rc - �•ICY,-t 5. 3A1A 5 3AiJ2 3AIJ1 A 7�2A2 2 :I • •*!�A. + • 1 �'- _. G 1 i _ w._t^_._ ._._._._._ _. I�"2 A uP.ci.anaal�: ��A • • / -�•.. �Y 3A1J4 8.13 Ac ,(n'� ur 1 2A3 :/ 18.94 Ac N F�TO _'-'_" rNL 1t ) , „-i' ,r f' 3A1J 3A1J3__ 2 2 2 2 11 j® ' 3AIJ10-'-'-- " it 1rnvira•:nac�r um, 2A1 K A A A A yam, F - 'f 'i EAST HIGHLAND STREET r• 6 5 7 11 _���+11 r` , y y IC IDI 1F 1FI _ -�- t T�—•"' 1 �—IEJ i• 1E 18 1 IC IA 2D 2F _2 2C • ' rl YV:y C ''. LL N i J' I YY0I: .1011)� • l 1 2E1 Q �.. HO L I 2 sat 1 LI sL 1�'+ SE..• SC1 / . IOIA ....,\, I 2J l 20 502 -- • 1 102 c 1D2A - B.Is Ac —.— li t p11:1• IC W •` �I 5D28 .-SCIC SCiH Mili _ 60.1 Ac ? I 2A4 J�'oiy 8.75 He s�oa . ` `,� 'SCIC2 Adi i_L I _ 1�-� V� j r ir, i 5D t , P Pr, � i/Ir_. ,&1AI 2 SD1A r� I '' .�—�.� ppryry� Mj1�i ((�� /,/�� 3A 3C � 3 'ASA • I• SO g. F1 41 �s • IE)' A-ICI . g jam 15A3A1 yy�� T9r -I .447141 5A3 © ' IA y�� �,_ii I' 4{ 531 1 5D1C 1 N•1).1011�Nh1CF FA IT 110132.11BMON , 40 r) 8 A' IIVI1fr)--tA911�W�BV I58481 •I,E7' A- 2B4A :130 5848 2B1 288 2B7 2812•:12A 286 17 SURVEY A-1049 i I,' - r. alw:�nvoa� I • ?3---51N 282 28 •c 289 285 2810 2B4 TIJ '- r - Y8 2 ! P. `t_ 3 2B1A 2C1 5 5C1 ~50,-� - `�-�\ 342 3A1 ✓, 584C 2C 2L 2N 2F 2J �? r CITY i I ffi5 • _ \ 2C1 )� _—. 'A,�ppy��tfro -._._. .O• Y.I..ItI./•Ii.L11:1.•1 HALL SA iniU -' ._. - 1. 1 51' •II! ' nil.LI„En21( ® ® 20 2R A 1 286 ' I 584E •J I _ se2e n ee f..r'/ „i ` i 5828 562A t'1 y• 183 18 182 1 1� ,K NORTH 30 301 B - WEST PKWY EAST : 3e f f ° 2 2A1 FARR i D PPS'°N � MAyF'E� I s 3D� (F.N 1709) 2A2 AI ) A �dA® iiI E' I-.._._._..-._._;._.-..�.- 1\ ��EAST . LAKE BLVD. `� t .•._1"�{(.(1 c1411 m 1 1 t ' r ) 7A 1 I -• ._. — 2C 2 181A 18218 1 1E2 "--r'._ ._..}._._._._._.y r 1---'—: L t. r—.J t i i i Gor- 1 lB2B 4i,P. zc R _-il 's Ac 28 R �'t!: NA. IA I I ; ; 30.6 At ') —ti MI" ° QI 2^�R JG e�T ' -1 Y �j✓ 2A3A1 '�• /' t61�' zAz �'�41, �tr !1F �l 2A 2A3 2A2A 2A1A .!6A1AI ,J 2_ I 2A18 itt‘o ( ADP -• 3 Ac 2A i iii, w A• i.-: 1` l 1 I 1 i 1 1 1 1 I 1 1 1 1 1 i - i i 1C N ice. ^,>,cv.•:r114110-, ._. i 12D9 Ac 1 2A3Aiik 2 3A b • i { •- I :N Y4 -14.- V�f ,'.f.-{-.. r..1,_.. r._. 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ORDINANCE NO. 480-_ • AN ORDINANCE AMENDING ORDINANCE NO. 480, AS • AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, BY PROVIDING A MAXIMUM IMPERVIOUS COVERAGE REGULATION IN THE "0-1" OFFICE DISTRICT, THE "0-2" OFFICE DISTRICT, THE "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT, THE "C-2" LOCAL RETAIL COMMERCIAL DISTRICT, THE "C-3" GENERAL COMMERCIAL DISTRICT, AND THE "C-4" ARTERIAL MALL COMMERCIAL DISTRICT; BY MODIFYING THE MAXIMUM LOT COVERAGE REGULATION IN THE "C- 3" GENERAL COMMERCIAL DISTRICT, AND THE "C-4" ARTERIAL MALL COMMERCIAL DISTRICT; 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 PHAMPLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and • WHEREAS, The Ciy of Southlake has heretofore adopted Ordinance No. 480, as amended, as the zoning ordinance of the city; and WHEREAS, the City Council of the City of Southlake now deems it necessary to amend Ordinance No. 480, as amended, to provide a maximum impervious coverage regulation in the "O-1" Office District, the "O-2" Office District, the "C-1" Neighborhood Commercial District, the "C-2" Local Retail Commercial District, the "C-3" General Commercial District, and the "C-4" Arterial Mall Commercial District, and to modify the maximum lot coverage regulation in the "C-3" General Commercial District, and the "C-4" Arterial Mall Commercial District; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendments of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1. Section 18.5 "Development Regulations" in the 0-1 Office District is hereby amended by revising Section 18.5.e. as follows: • 1 Section 21.5 "Development Regulations" in the C-2 Local Retail • Commercial District is hereby amended by adding a new Section 21.5.f. as follows: "f. Maximum Impervious Coverage: All buildings or structures, parking, storage, loading and other pay ea shall have a maximum lot coverage not exceeding seven (701) p cent of the lot area." SECTION 4. Section 22.5 "Development Regulations" in the C-3 General Commercial District is hereby amended by revising Section 22.5.e. as follows: "e. Maximum Building Coverage: All bui - g or structures shall have a maximum lot coverage not exceeding fif (50) p rcent of the lot area." Section 22.5 "Development Regulations" in the C-3 General Commercial District is hereby amended by renumbering Sections 22.5.f., 22.5.g., 22.5.h., 22.5.i., 22.5.j. and 22.5.k. as Sections 22.5.g., 22.5.h., 22.5.i.,22.5.j., 22.5.k. and 22.5.1. respectively. Section 22.5 "Development Regulations" in the C-3 General Commercial District is hereby amended by adding a new Section 22.5.f. as follows: "f. Maximum Impervious Coverage: All buildings or structures,parking, S storage, loading and other pav yeas shall have a maximum lot coverage not exceeding seven (70)percent of the lot area. For the purposes of this section,lot area ha,�not include any areas that the Texas Department of Transportation proposes to acquire as future right of way." SECTION 5. Section 23.5 "Development Regulations" in the C-4 Arterial Mall Commercial District is hereby amended by revising Section 23.5.e. as follows: "e. Maximum Building Coverage: All bui �or structures shall have a maximum lot coverage not exceeding fif rr (50) ercent of the lot area." Section 23.5 "Development Regulations" in the C-4 Arterial Mall Commercial District is hereby amended by renumbering sections 23.5.f., 23.5.g., 23.5.h., 23.5.i., 23.5.j., 23.5.k., 23.5.1., 23.5.m. and 23.5.n. as Sections 23.5.g., 23.5.h., 23.5.i., 23.5.j., 23.5.k.,23.5.1., 23.5.m., 23.5.n. and 23.5.o. respectively. Section 23.5 "Development Regulations" in the C-4 Arterial Mall Commercial District is hereby amended by adding a new Section 23.5.f. as follows: "f. Maximum Impervious Coverage: All buildings or structures, parking, • storage, loading and other paved areas shall have a maximum lot 3 • coverage not exceeding seven (7 rcent of the lot area. For the purposes of this section, lot area l not Include any areas that the Texas 111) Department of Transportation proposes to acquire as future right of way." SECTION 6. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. • 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 ($2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance 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 10. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or phamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. I 4 \\ c _� SECTION 11. • The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 12. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1996. MAYOR • ATTEST: CITY SECRETARY S 5 • "e. Maximum Building Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty (50) percent of the lot area." Section 18.5 "Development Regulations"in the 0-1 Office District is hereby amended by renumbering Sections 18.5.f., 18.5.g. and.1$.5.h. as Sections 18.5.g., 18.5.h. and 18.5.i. respectively. Section 18.5 "Development Regulations" in the 0-1 Office District is hereby amended by adding a new Section 18.5.f. as follows: "f. Maximum Impervious Coverage: All buildings or structures,parking, storage, loading and other paved areas shall have a maximum lot coverage not exceeding seventy (70) percent of the lot area." SECTION 2. Section 20.5 "Development Regulations"in the C-1 Neighborhood • Commercial District is hereby amended by revising Section 20.5.e. as follows: "e. Maximum Building Coverage: All b ld' gs o structures shall have a maximum lot coverage not exceeding fif (50) percent of the lot area." Section 20.5 "Development Regulations" in .0 1 Neighborhood Commercial District is hereby amended by renumbering Sections 20.5.f.,20.5.g., S 20.5.h., 20.5.i., 20.5.j. and 20.5.k. as Sections 20.5.g., 20.5.h.,20.5.i., 20.5.j.,20.5.k. and 20.5.1. respectively. Section 20.5 "Development Regulations" in the C-1 Neighborhood Commercial District is hereby amended by adding a new Section 20.5.f. as follows: "f. Maximum Impervious Cove ge: All buildings or structures;parking, storage, loading and other pa `d ax Rs shall have a maximum lot coverage not exceeding sevel (70)v .percent of the lot area." SECTICek 3. Section 21.5 "Development Regulations" in the C-2 Local Retail Commercial District is hereby amended by revising Section 21.5.e. as follows: e. Maximum Building Coverage: All b , ding structures shall have a maximum lot coverage not exceeding fif (50) eicent of the lot area." Section 21.5 "Development Regulations" in e C-2 Local Retail Commercial District is hereby amended by renumbering Sections 21.5.f., 21.5.g., 21.5.h., 21.5.i., 21.5.j. and 21.5.k. as Sections 21.5.g.,21.5.h., 21.5.i., 21.5.j., 21.5.k. and 21.5.1. respectively. I 2 F .r City of Southlake,Texas • • MEMORANDUM February 16, 1996 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Mid-Year Review As you are well aware, the time is rapidly approaching for us to conduct a mid-year review with the City Council. In years past, this review has typically centered around financial issues, however, it has also provided a time for the Council and staff to discuss priorities, project planning, and other issues as needed. I would recommend that we begin planning for the mid-year review as soon as possible, and would suggest that the following elements be given consideration during the planning process: •,Hold the review in a retreat format. Given the size of the current work load and the pace with which new issues present themselves, I would suggest that we consider holding the mid- year review in a retreat format. This will allow us all -- Council and staff alike -- to work in an uninterrupted environment, which I believe will enhance our focus and attention to the 0 issues. I would suggest that we hold the "retreat," on March 26, 1996 from 8:30 a.m. to 3:30 p.m. based on the schedules of the City Council. I would further recommend that this session be held away from City Hall, at the Solana Education Center. ►Involve interested Councilmembers in the retreat planning. Typically the June Retreat is designed to allow staff to bring issues to the City Council, particularly as they relate to the budget. Retreat planning is handled by staff. I would suggest that this retreat, however, be planned jointly by staff and Councilmembers. This will allow for thorough coverage of issues, and will create a forum to discuss a variety of issues, as brought forward by staff and Councilmembers alike. I would envision that the agenda could allow for a mid-year budget review, project updates, future project planning and prioritization, and other issues identified by the City Council. A form has been attached to provide councilmembers with a means for suggesting topics to be covered during the mid-year review, and making suggestions for other aspects of the review as well. Formally identify issues of importance for retreat, as well as future discussions. There are a number of issues which need to be thoroughly discussed by the City Council and staff, including financial reports/status, major projects (City Hall bond election, strategic plan, master plan elements updating, etc.), priorities, and others. I would suggest that we conduct • some sort of "needs assessment" to help identify all of the issues that need to be discussed (see //v-/ . 44 • Curtis E. Hawk, City Manager January 16, 1996 Page Two attached form). This will allow staff and Council an opportunity to individually and collectively identify concerns, problems, or other issues that need to be discussed and plan for time to address them. By formally documenting these "needs" we can ensure that nothing goes unaddressed. I will be happy to work with staff and the City Council to make the mid-year review a productive work session, at your direction. Please advise on the direction you wish to take. /eKtf • • //J-4 City of South lake,Texas CITY COUNCIL SUGGESTIONS • Mid-Year Review Meeting Purpose: To provide the City Council and City Staff an opportunity to review the FY 1995-96 budget, and to discuss critical issues, projects, and priorities. 1. Define the specific results you would like to see achieved at the mid-year review by completing the following sentence. By the time we complete the mid-year review, we should have... • 2. To achieve these results, we need (information, material)... 410 Signature i/v-3