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1996-04-16 City of Southlake,Texas 4110 MEMORANDUM April 11, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works Department SUBJECT: Award of Bid for Sewer Improvements in Highland Estates Addition, Whispering Dell Estates Addition, Denton Creek Interceptor "N-3" System- Phase I, and Emerald Estates GENERAL INFORMATION This project is the second phase of Year One- Neighborhood Sewer Program. This phase includes Emerald Estates, Whispering Dell Addition, and Highland Estates. The first phase of Year One - Neighborhood Sewer Program, Vista Trails and Cimaron Acres, is presently under construction. Phase 2 had to be separate because there were easements that had to be acquired. Advertisements were published on March 24 and March 31, 1996. Bids were publicly opened and read aloud on April 2, 1996, at 10:00 a.m. in the Council Chambers. BID TABULATION See attached bid tabulations prepared by Cheatham and Associates. SPECIAL CONSIDERATIONS Wright Construction Company, Inc. is found to be a reputable firm readily qualified to construct the referenced project. The firm has successfully completed a considerable number of related projects for the City in past years. FUNDING/FISCAL IMPACT Funding for the sewer lines is as follows: Fund 755 - Sewer Assessment Fund Budget Bid Highland Estates $127,000 $122,211 Whispering Dell Estates 165,000 159,645 Emerald Estates 142,340 114,945* $434,340 $396,801 <$37,539> *$70,421 was expended in 1994-95 FY for a portion of the Emerald Estates Sewer 5 A-1 • Curtis E. Hawk, City Manager Award of Bid for Sewer Improvements Page 2. Fund 752 - Sewer Impact Fees Adopted Budget Mid-Year Adjustment Bid N-3 Sewer Line -0- $235,000 $185,089 STAFF RECOMMENDATIONS Staff recommends that the City Council award the bid for Highland Estates, Whispering Dell, Emerald Estates and Denton Creek Interceptor N-3, be awarded to low bidder Wright Construction in the amount of$581,890.00. Please place this on the April 16, 1996 agenda for Council review and consideration. BW/sm • Attachments: Bid Tabulation Map • wp6l I wpdocs I wthead.mem l agenda I nbrhodsw.wpd • • 5 A-2 CHEATHAM AND • ASSOCIATES • April 9, 1996 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake A 667 N. Carroll Ave. Southlake, TX 76092 Re: City of Southlake Highland Est.,Whispering Dell, Denton Creek Interceptor "N-3", Emerald Estates Project No. 001-424 Dear Mr. Whitehead: Bids for the referenced project were received on April 2, 1996 in the City's Council Chambers. Accordingly, we transmit herewith for your study and consideration, the detailed tabulation of the bids, copy of which is attached hereto. 0 Considerable bidder competition was achieved when a total of nine(9) construction firms submitted bids. The total low bid amount of$581,890.00 was submitted by Wright Construction, Inc. from Grapevine, Texas. You will note that the City's contractor experience requirements as stated in the contract ' documents, have been met by the contractor. Accordingly, we recommend that the construction contract for the referenced project be awarded • to the firm of Wright Construction Company, Inc., 601 W. Wall St., Grapevine, Texas 76051, for the total bid amount of$581,890.00.•We have found the Wright Construction firm to be a reputable firm readily qualified to construct the referenced project. The firm has successfully completed a considerable number of related projects for the City in past years. We enclose a copy of the bid tabulation for your use. If we can be of further service in this matter or answer any questions, please advise. Respectfully, .4i...•.. ... *r.AZ. .). . Eddie Cheatham, P.E. f:\word\so uth l ak\424\h i gh l and\award.b i d Enclosure 0 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 5 A-3 • SE GE SYSTEM - JOB NO. 001-424 ill Ilk. CHEATHAM &ASSOCIATES BID TABULATION SHEET 1 OF 12 OWNER: CITY OF SOUTHLAKE BID DATE: APRIL 2, 1996 WRIGHT CONST.CO. GARR CONST. TRI-TECH CONST.,INC. MID-STATE UTILITIES ' 601 W.WALL ST. P.O.BOX 908 515 NORTH KEALY AV P.O.BOX 1160 JOB TITLE: PROPOSED SEWERAGE SYSTEM GRAPEVINE,TX 76051 GRAPEVINE,TX 76099 LEWISVILLE,TX 75057 WACO,TX 76703 HIGHLAND,WHISPERING DELL,EMERALD PHONE: 817/481-2594 PHONE: 817/424-5388 PHONE: 214/436-4566 PHONE: 214/533-3205 ESTATES ADDITION&"N-3"TRUNK SEWER FAX: 817/481-2597 FAX: 817/424-5361 FAX: 214/219-0019 FAX: 817/863-5644 JOB NO: 001-424 AMT.BID $581,890.00 AMT.BID $629,749.60 AMT.BID $654,218.20 AMT.BID $663,705.50 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT • COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE SECTION"A"HIGHLAND ESTATES ADDITION • 1 8"SDR 35 SS PIPE, 0'-6' DEPTH L.F. 38 17.00 $646.00 20.00 $760.00 22.00 $836.00 17.00 $646.00 2 8"SDR 35 SS.PIPE,6'-8' DEPTH L.F. 668. 19.00 .$12,692.00 14.25 $9,519.00 23.00 $15,364.00 17.50 $11,690.00 3 8"SDR 35 SS PIPE,8'-10' DEPTH L.F. 649 21.00 $13,629.00 14.50 $9,410.50 24.00 $15,576.00 18.50 $12,006.50 4 8"SDR 35 SS PIPE, 10'-12' DEPTH L.F. 45 23.00 $1,035.00 20.00 $900.00 27.00 $1,215.00 20.00 $900.00 5 8"SDR 35 SS PIPE,0'-6' DEPTH L.F. 40 20.00 $800.00 20.00 $800.00 27.00 $1,080.00 21.00 $840.00 6 8"SDR 35 SS PIPE, 6'-8'DEPTH L.F. 60 21.00 $1,260.00 20.00 $1,200.00 30.00 $1,800.00 22.00 $1,320.00 7 8"SDR 35 SS PIPE,6'-8'DEPTH L.F. 10 21.00 $210.00 30.00 $300.00 30.00 $300.00 22.00 $220.00 8 8"SDR 35 SS PIPE,8'-10' DEPTH L.F. 18 24.00 $432.00 40.00 $720.00 33.00 $594.00 24.00 $432.00 9 6"SDR 35 SS PIPE, 0'-6' DEPTH L.F. 149 19.00 $2,831.00 20.00 $2,980.00 26.00 $3,874.00 20.00 $2,980.00 10 6"SDR 35 SS PIPE,6'-8' DEPTH L.F. 657 20.00 $13,140.00. 16.00 $10,512.00 29.00 $19,053.00 21.00 $13,797.00 11 6"SDR 35 SS PIPE, 8'-10'DEPTH L.F. 135 23.00 $3,105.00 22.00 $2,970.00 32.00 $4,320.00 23.00 $3,105.00 12 6"SDR 35 SS PIPE,0'-6'DEPTH L.F. 37 19.00 $703.00 20.00 $740.00 26.00 $962.00 20.00 $740.00 13 6"SDR 35 SS PIPE,6'-8'DEPTH L.F. 211 20.00 $4,220.00 21.00 $4,431.00 29.00 $6,119.00 21.00 $4,431.00 14 6"SDR 35 SS PIPE,8'-10' DEPTH L.F. 180 23.00 $4,140.00 22.00 $3,960.00 32.00 $5,760.00 23.00 $4,140.00 15 4'DIA.SEWER MANHOLES(0'-6'DEPTH) EA. 13 1000.00 13,000.00 1450.00 $18,850.00 1000.00 $13,000.00 1200.00 $15,600.00 16 CONST. EXTRA DEPTH OF 4'SEWER MH V.F. 22 100.00 2,200.00 100.00 $2,200.00 55.00 $1,210.00 100.00 $2,200.00 17 4"SS SERVICE INSTALLATION EA 18 50.00 $900.00 285.00 $5,130.00 150.00 $2,700.00 200.00 $3,600.00 18 4"PVC SEWER SERVICE PIPE ' L.F. 216 18.00 $3,888.00 13.00 $2,808.00 12.00 $2,592.00 15.00 $3,240.00 19 8"DIA.X 10'CONNECTIONS TO MANHOLES EA. 1 195.00 $195.00 150.00 $150.00 200.00 $200.00 300.00 $300.00 20 8"PVC BORED CROSSINGS L.F. 190 103.00 $19,570.00 115.00 $21,850.00 91.00 $17,290.00 95.00 $18,050.00 21 6"PVC BORED CROSSING L.F. 105 95.00 $9,975.00 115.00 $12,075.00 84.00 $8,820.00 90.00 $9,450.00 22 6"CONCRETE DRIVEWAY REPLACEMENTS L.F. 109 22.00 $2,398.00 25.00 $2,725.00 34.00 $3,706.00 30.00 $3,270.00 23 ASPHALTIC ROADWAY PVMNT REPL. L.F. 420 17.00 $7,140.00 20.00 $8,400.00 21.00 $8,820.00 20.00 $8,400.00 24 TRENCH SAFETY L.F. 3002 1.00 $3,002.00 2.00 $6,004.00 0.10 $300.20 1.00 $3,002.00 25 EROSION CONTROL SYSTEM L.S. 1 1100.00 $1,100.00 10800.00 $10,800.00 700.00 $700.00 1000.00 $1,000.00 SUBTOTAL SECTION A(ITEM NO 1-25) $122,211.00 $140,194.50 $136,191.20 $125,359.50 • /42u5EWER 5 A-4 • SE GE SYSTEM - JOB NO. 001-424 ID .. CHEATHAM & ASSOCIATES BID TABULATION SHEET 2 OF 12 OWNER: CITY OF SOUTHLAKE - BID DATE: APRIL 2, 1996 WRIGHT CONST.CO. GARR CONST. TRI-TECH CONST.,INC. MID-STATE UTILITIES 601 W.WALL ST. P.O.BOX 908 515 NORTH KEALY AV P.O.BOX 1160 JOB TITLE: PROPOSED SEWERAGE SYSTEM - GRAPEVINE,TX 76051 GRAPEVINE,TX 76099 LEWISVILLE,TX 75057 WACO,TX 76703 HIGHLAND,WHISPERING DELL,EMERALD PHONE: 817/481-2594 PHONE: 817/424-5388 PHONE: 214/436-4566 PHONE: 214/533-3205 ESTATES ADDITION&"N-3"TRUNK SEWER FAX: 817/481-2597 FAX: 817/424-5361 FAX: 214/219-0019 FAX: 817/863-5644 JOB NO: 001-424 AMT.BID $581,890.00 AMT.BID $629,749.60 AMT.BID $654,218.20 AMT.BID $663,705.50 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE SECT."B"WHISPERING DELL ESTATES 1 8"SDR 35 SS PIPE,0'-6'DEPTH L.F. 115 19.00 $2,185.00 20.00 $2,300.00 28.00 $3,220.00 21.00 $2,415.00 2 8"SDR 35 SS PIPE,6'-8' DEPTH L.F. 766 21.00 $16,086.00 16.00 $12,256.00 30.00 $22,980.00 22.00 $16,852.00 3 8"SDR 35 SS PIPE, 8'-10' DEPTH L.F. 510 23.00 $11,730.00 18.00 $9,180.00 34.00 $17,340.00 24.00 $12,240.00 4 8"SDR 35 SS PIPE, 10'-12' DEPTH L.F. 339 25.00 $8,475.00 • 20.00 $6,780.00 39.00 $13,221.00 28.00 $9,492.00 5 8"SDR 35 SS PIPE, 12'-14'DEPTH L.F. 225 33.00 $7,425.00 26.00 $5,850.00 43.00 $9,675.00 35.00 $7,875.00 6 8"SDR 35 SS PIPE, 6'-8'DEPTH L.F. 35 21.00 $735.00 20.00 $700.00 30.00 $1,050.00 22.00 $770.00 7 8"SDR 35 SS PIPE, 8'-10' DEPTH L.F. 59 23.00 $1,357.00 22.00 $1,298.00 34.00 $2,006.00 24.00 $1,416.00 8 8"SDR 35 SS PIPE, 10'-12'DEPTH L.F. 42 26.00 $1,092.00 30.00 $1,260.00 ' 39.00 $1,638.00 28.00 $1,176.00 9 6"SDR 35 SS PIPE,0'-6'DEPTH L.F. 120 19.00 $2,280.00 20.00 $2,400.00 27.00- $3,240.00 20.00 $2,400.00 10 6"SDR 35 SS PIPE,6'-8'DEPTH L.F. 383 20.00 $7,660.00 16.00 $6,128.00 29.00 $11,107.00 21.00 $8,043.00 11 6"SDR 35 SS PIPE, 8'-10'DEPTH L.F. 90 23.00 $2,070.00 20.00 $1,800.00 33.00 $2,970.00 23.00 $2,070.00 12 6"SDR 35 SS PIPE,6'-8' DEPTH L.F. 155 20.00 $3,100.00 18.00 $2,790.00 29.00 $4,495.00 21.00 $3,255.00 13 4' DIA.SEWER MANHOLE$(0'-6'DEPTH) EA. 13 1000.00 $13,000.00 1450.00 $18,850.00 1000.00' $13,000.00 1200.00 $15,600.00 14 CONST. EXTRA DEPTH OF 4'SEWER MH V.F. 20 100.00 $2,000.00 100.00 $2,000.00 55.00 $1,100.00 100.00 $2,000.00 15 STD. SEWER CLEAN OUT EA. 1 270.00 $270.00 1600.00 $1,600.00 350.00 $350.00 300.00 $300.00 16 4"SS SERVICE INSTALLATIONS. EA. 33 50.00 $1,650.00 285.00 $9,405.00 350.00 $11,550.00 200.00 $6,600.00 17 4"PVC SDR 35 SEWER PIPE L.F. 1116 18.00 $20,088.00 13.00 $14,508.00 15.00 $16,740.00 15.00 $16,740.00 18 8"SDR 35 PVC BORED CROSSING L.F. 30 100.00 $3,000.00 120.00 $3,600.00 96.00 $2,880.00 95.00 $2,850.00 19 6"SDR 35 PVC BORED CROSSING L.F. 30 95.00 $2,850.00 120.00 $3,600.00 91.00 $2,730.00 90.00 $2,700.00 20 6"BORED BROSSINGS INCL.6"SDR 18 PVC L.F. 235 155.00 $36,425.00 150.00 $35,250.00 142.00 $33,370.00 200.00 $47,000.00 21 ASPHALTIC ROADWAY PVMNT REPL L.F. 327 17.00 $5,559.00 20.00 $6,540.00 21.00 $6,867.00 20.00 $6,540.00 22 6"REIN.CONCRETE DRIVEWAY REPL. L.F. 272 22.00 $5,984.00 25.00 $6,800.00 34.00 $9,248.00 30.00 $8,160.00 23 6"GRAVEL DRIVEWAY REPL. L.F. 30 7.00 $210.00 18.00 $540.00 5.00 $150.00 10.00 $300.00 24 4"CONCRETE SIDEWALK REPL. L.F. 25 19.00 $475.00 13.00 $325.00 20.00 $500.00 30.00 $750.00 25 TRENCH SAFETY L.F. - 2839 1.00 $2,839.00 2.00 $5,678.00 0.10 $283.90 1.00 $2,839.00 26 EROSION CONTROL SYSTEM L.S. 1 1100.00 $1,100.00 10900.00 $10,900.00 ' 700.00 $700.00 1000.00 $1,000.00 SUBTOTAL SECTION B(ITEM NOS.1-26) $159,645.00 $172,338.00 $192,410.90 $181,383.00 /42'SEWER 5 A-5 SE. GE SYSTEM - JOB NO. 001-424 III CHEATHAM & ASSOCIATES BID TABULATION SHEET 3 OF 12 OWNER: CITY OF SOUTHLAKE BID DATE: APRIL 2, 1996 WRIGHT CONST.CO. GARR CONST. TRI-TECH CONST.,INC. MID-STATE UTILITIES 601 W.WALL ST. P.O.BOX 908 515 NORTH KEALY AV P.O.BOX 1160 JOB TITLE: PROPOSED SEWERAGE SYSTEM GRAPEVINE,TX 76051 GRAPEVINE,TX 76099 LEWISVILLE,TX 75057 WACO,TX 76703 HIGHLAND,WHISPERING DELL,EMERALD PHONE: 817/481-2594 PHONE: 817/424-5388 PHONE: 214/436-4566 PHONE: 214/533-3205 ESTATES ADDITION&"N-3"TRUNK SEWER FAX: 817/481-2597 FAX: 817/424-5361 FAX: 214/219-0019 FAX: 817/863-5644 JOB NO: 001-424 AMT.BID $581,890.00 AMT.BID $629,749.60 AMT.BID $654,218.20 AMT.BID $663,705.50 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE • PRICE PRICE PRICE SECT."C" DENTON CREEK INTERCEPTOR 1 18"SDR 26 SS PIPE, 10'-12'DEPTH L.F. 732 35 $25,620.00 34.80 $25,473.60 42.00 $30,744.00 38.00 $27,816.00 2 18"SDR 26 SS PIPE, 12'-14' DEPTH L.F. 1066 38 $40,508.00 35.00 $37,310.00 43.00 $45,838.00 42.00 $44,772.00 3 18"SDR 26 SS PIPE, 14'-16'DEPTH L.F. 262 42 $11,004.00 37.00 $9,694.00 45.00 $11,790.00 48.00 $12,576.00 4 18"SDR 26 SS PIPE, 16'-18'DEPTH L.F. 304 49 $14,896.00 39.50 $12,008.00 47.00 $14,288.00 56.00 $17,024.00 5 18"SDR 26 SS PIPE, 18'-20'DEPTH L.F. 16 60 $960.00 50.00 $800.00 54.00 $864.00 66.00 $1,056.00 6 18"SDR 26 SS PIPE, (DOVE RD) 10'-16'DEPTH L.F. 67 116 $7,772.00 50.00 $3,350.00 66.00 $4,422.00 48.00 $3,216.00 7 18"SDR 26 PVC BORED CROSSING L.F. 50 191 $9,550.00 265.00 $13,250.00 199.00 $9,950.00 250.00 $12,500.00 8 18"SDR 26 PVC BORED CROSSING L.F. 70 191 $13,370.00 265.00 $18,550.00 199.00 $13,930.00 250.00 $17,500.00 0 18"SDR 26 PVC BORED CROSSING . L.F. 75 .191 $14,325.00 265.00 $19,875.00 199.00 $14,925.00 250.00 $18,750.00 10 18"SDR 26 PVC BORED CROSSING L.F. 60 139 $8,340.00 240.00 $14,400.00 168.00 $10,080.00 250.00 $15,000.00 11 18"SDR 26 PVC BORED CROSSING L.F. 55 139 $7,645.00 240.00 $13,200.00 168.00 $9,240.00 250.00 $13,750.00 12 4"SEWER MANHOLES(0'-6'DEPTH) EA. 10 1100 $11,000.00 1450.00 $14,500.00 1200.00 $12,000.00 1500.00 $15,000.00 13 CONST. EXTRA DEPTH OE 4'SEWER MH V.F. 94 100 $9,400.00 100.00 $9,400.00 55.00 $5,170.00 100.00 $9,400.00 14 18"PVC CORED&SEALED CONNECTION L.S. 1 2700 $2,700.00 800.00. . $800.00 1100.00 $1,100.00 2500.00 $2,500.00 15 8"DIA.X 10'STUB-OUT CONNECTIONS TO MH EA. 3 60.00 •$180.00 150.00 $450.00 200.00 $600.00 500.00 $1,500.00 16 4"SANITARY SEWER SVC INSTALLATION EA. 6 275 $1,650.00 300.00 $1,800.00 350.00 $2,100.00 500 $3,000.00 17 4"SDR 35 PVC SEWER SVC PIPE L.F. 110 12.00 $1,320.00 13.00 $1,430.00 9.00 $990.00 20.00 $2,200.00 18 ASPHALTIC ROADWAY PVMNT REPL. L.F. 36 33.00 $1,188.00 35.00 $1,260.00 40.00 $1,440.00 30.00 $1,080.00 19 TRENCH SAFETY L.F. 2561 1.00 $2,561.00 1.50 $3,841.50 0.10 $256.10 1.00 $2,561.00 20 EROSION CONTROL SYSTEM L.S. 1 1100.00 $1,100.00 1000.00 $1,000.00 700.00 $700.00 1000.00 $1,000.00 SUBTOTAL SECTION C(ITEM NOS.1-20) $185,089.00 $202,392.10 $190,427.10 $222,201.00 /424/SEKER • • 5 A-6 SE GE SYSTEM -JOB NO. 001-424 • CHEATHAM &ASSOCIATES BID TABULATION SHEET 4 OF 12 OWNER: CITY OF SOUTHLAKE BID DATE: APRIL 2, 1996 WRIGHT CONST.CO. GARR CONST. TRI-TECH CONST.,INC. MID-STATE UTILITIES 601 W.WALL ST. P.O.BOX 908 515 NORTH KEALY AV P.O.BOX 1160 JOB TITLE: PROPOSED SEWERAGE SYSTEM GRAPEVINE,TX 76051 GRAPEVINE,TX 76099 LEWISVILLE,TX 75057 WACO,TX 76703 HIGHLAND,WHISPERING DELL,EMERALD PHONE: 817/481-2594 PHONE: 817/424-5388 PHONE: 214/436-4566 PHONE: 214/533-3205 ESTATES ADDITION&"N-3"TRUNK SEWER FAX: 817/481-2597 FAX: 817/424-5361 FAX: 214/219-0019 FAX: 817/863-5644 JOB NO: 001-424 AMT.BID $581,890.00 AMT.BID $629,749.60 AMT.BID $654,218.20 AMT.BID $663,705.50 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE SECTION"D" EMERALD ESTATES ADDITION 1 6"SDR 35 SS PIPE,0'-6'DEPTH L.F. 532 19.00 $10,108.00 16.00 $8,512.00 25.00 $13,300.00 20.00 $10,640.00 2 6"SDR 35 SS PIPE,6'-8'DEPTH L.F. 1039 20.00 $20,780.00 16.00 $16,624.00 27.00 $28,053.00 21.00 $21,819.00 3 6"SDR 35 SS PIPE,8'-10'DEPTH L.F. 528 23.00 '.12,144.00 18.00 '.9,504.00 30.00 '.15,840.00 23.00 '12,144.00 4 6"SDR 35 SS PIPE, 10'-12' DEPTH L.F. 111 25.00 $2,775.00 20.00 $2,220.00 36.00 $3,996.00 27.00 $2,997.00 5 6"SDR 35-SS PIPE, 12'-14'DEPTH L.F. 16 29.00 $464.00 40.00 $640.00 43.00 $688.00 35.00 $560.00 6 6"SDR 35 SS PIPE,6'-8' DEPTH L.F. 40 20.00 $800.00 20.00 $800.00 27.00 $1,080.00 21.00 $840.00 7 6"SDR 35 SS PIPE, 8'-10' DEPTH L.F. 64 23.00 $1,472.00 30.00 $1,920.00 30.00 $1,920.00 23.00 $1,472.00 8 6"SDR-35 SS PIPE, 10'-12'DEPTH L.F. 55 25.00 $1,375.00 40.00 $2,200.00 36.00 $1,980.00 27.00 $1,485.00 9 4' DIA.SEWER MANHOLES(0'-6') EA. 8 1000.00 $8,000.00 1450.00 $11,600.00 1050.00 $8,400.00 1200.00 $9,600.00 10 CON T. EXTRA DEPTH •F 6' EWER MH V.F. 16.5 1.0.00 -$1,650.00 100.00 '.1,650.00 55.00 '.907.50 100.00 '•1,650.00 11 CRUSHED STONE C.Y. 30 21.00 $630.00 35.00 $1,050.00 20.00 $600.00 25.00 $750.00 12 6"CORED CONNECTION TO SEWER MH EA. 3 500.00 $1,500.00 450.00 $1,350.00 350.00 $1,050.00 1500.00 $4,500.00 13 6"PVC BORED CROSSING L.F. 40 90.00 $3,600.00 115.00 $4,600.00 91.00 $3,640.00 90.00 $3,600.00 14 4"SS SVC INSTALLATIONS ON 6"PVC LINES EA. 28 67.00 $1,876.00 285.00 $7,980.00 350.00 $9,800.00 200.00 $5,600.00 15 4"SS SVC INSTALLATIONS ON 6"/8"PVC LINE EA. 20 360.00 $7,200.00 350.00 $7,000.00 550.00 $11,000.00 500.00 $10,000.00 16 4"SDR 35 PVC SS PIPE PVMNT CROSSINGS L.F. 1500 18.00 $27,000.00 13.00 $19,500.00 12.00 $18,000.00 20.00 $30,000.00 17 6"CONCRETE DRIVEWAY CROSSINGS. L.F. 286 22.00 $6,292.00 25.00 $7,150.00 34.00 $9,724.00 30.00 $8,580.00 18 ASPHALTIC ROADWAY PVMNT CROSSINGS L.F. 132 17.00 $2,244.00 20.00 $2,640.00 21.00 $2,772.00 20.00 $2,640.00 19 4"SS SVC INSTALLATION EA. 1 450.00 $450.00 500.00 $500.00 500.00 $500.00 500.00 $500.00 20 8"CONNECTION TO EXIST.SEWAGE L.S. L.S. 1 2200.00 $2,200.00 2500.00 $2,500.00 1000.00 $1,000.00 2000.00 $2,000.00 21 TRENCH SAFETY L.F. 2385 1.00 $2,385.00 1.00 $2,385.00 0.10 $238.50 1.00 $2,385.00 22 EROSION CONTROL SYSTEM • L.S. 1 $0.00 2500.00 $2,500.00 700.00 $700.00 1000.00 $1,000.00 ■ SUBTOTAL SECTION D(ITEM NOS 1-22)--- $114,945.00 $114,825.00 $135,189.00 $134,762.00 GRAND TOTAL AMOUNT $581,890.00 $629,749.60 $654,218.20 $663,705.50 (SECTION A,B,C&D) • 1124/SE1NER • 5 A-7 SE GE SYSTEM -JOB NO. 001-424 CHEATHAM &ASSOCIATES BID TABULATION SHEET 5 OF 12 OWNER: CITY OF SOUTHLAKE BID DATE: APRIL 2, 1996 ATKINS BROS.EQUIP. BIL-MIK INC. J.C.EVANS CONST. L.JACKSON CONST. 918 W.MARSHALL 11585 ALTA VISTA 3900 VALLEY VIEW LN. 5112 SUN VALLEY DR. JOB TITLE: PROPOSED SEWERAGE SYSTEM GR PRAIRIE,TX 75051 KELLER,TX 76248 IRVING,TX 75062 FT.WORTH,TX 76119 HIGHLAND,WHISPERING DELL,EMERALD PHONE: 214/647-8890 PHONE: 817/231-2623 PHONE: 214/257-0639 PHONE: 817/572-3303 ESTATES ADDITION&"N-3"TRUNK SEWER FAX: FAX: 817/831-1014 FAX: 214/255-3224 FAX: 817/478-0443 JOB NO: 001-424 AMT.BID $702,406.00 AMT.BID $710,169.20 AMT.BID $754,211.00 AMT.BID $762,237.75 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE SECTION"A"HIGHLAND ESTATES ADDITION . 1 8"SDR 35 SS PIPE,0'-6' DEPTH L.F. 38 15.00 $570.00 17.00 $646.00 30.00 $1,140.00 18.25 $693.50 2 8"SDR 35 SS PIPE,6'-8'DEPTH L.F. 668 20.00 $13,360.00 18.00 $12,024.00 32.00 $21,376.00 20.00 $13,360.00 3 8"SDR 35 SS PIPE,8'-10'DEPTH L.F. 649. 22.00 $14,278.00 20.00 $12,980.00 34.00 $22,066.00 21.25 $13,791.25 4 8"SDR 35 SS PIPE, 10'-12' DEPTH L.F. 45 24.00 $1,080.00 24.00 $1,080.00 36.00 $1,620.00 23.00 $1,035.00 5 8"SDR 35 SS PIPE,0'-6'DEPTH L.F. 40 20.00 $800.00 19.00 $760.00 35.00 $1,400.00 21.25 $850.00 6 8"SDR 35 SS PIPE,6'-8'DEPTH L.F. 60 31.00 $1,860.00 20.00 $1,200.00 37.00 $2,220.00 24.50 $1,470.00 7 8"SDR 35 SS PIPE,6'-8'DEPTH L.F. 10 31.00 $310.00 20.00 $200.00 37.00 $370.00 24.50 $245.00 8 8"SDR 35 SS PIPE, 8'-10'DEPTH L.F. 18 35.00 $630.00 23.00 $414.00 39.00 $702.00 27.25 $490.50 9 6"SDR 35 SS PIPE,0'-6'DEPTH ' L.F. 149 19.00 $2,831.00 18.00 $2,682.00 30.00 $4,470.00 21.25 $3,166.25 10 6"SDR 35 SS PIPE,6'-8'DEPTH L.F. 657 29.00 $19,053.00 19.80 $13,008.60 32.00 $21,024.00 25.50 $16,753.50 11 6"SDR 35 SS PIPE,8'-10'DEPTH L.F. 135 34.00 $4,590.00 22.00 $2,970.00 34.00 $4,590.00 31.00 $4,185.00 12 6"SDR 35 SS PIPE,0'-6'DEPTH L.F. 37 19.00 $703.00 18.00 $666.00 30.00 $1,110.00 21.25 $786.25 13 6"SDR 35 SS PIPE,6'-8'DEPTH L.F. 211 28.00 $5,908.00 19.80 $4,177.80 32.00 $6,752.00 25.50 $5,380.50 14 6"SDR 35 SS PIPE,8'-10'DEPTH L.F. 180 34.00 $6,120.00 23.00 $4,140.00 34.00 $6,120.00 31.00 $5,580.00 15 4'DIA.SEWER MANHOLES(0'-6'DEPTH) EA. 13 .. 1255.00 $16,315.00 1200.00 $15,600.00 1000.00 $13,000.00 1000.00 $13,000.00 16 CONST. EXTRA DEPTH OF 4'SEWER MH . V.F. 22 130.00 $2,860.00 110.00 $2,420.00 100.00 $2,200.00 100.00 $2,200.00 17 4"SS SERVICE INSTALLATION EA - 18 237.00 $4,266.00 110.00 $1,980.00 250.00 $4,500.00 150.00 $2,700.00 18 4"PVC SEWER SERVICE PIPE L.F. 216 • 7.00 $1,512.00 12.00 $2,592.00 15.00 $3,240.00 40.00 $8,640.00 19 8"DIA.X 10'CONNECTIONS TO MANHOLES EA. 1 .190.00 $190.00 225.00 $225.00 250.00 $250.00 300.00 $300.00 20 8"PVC BORED CROSSINGS L.F. 190 81.00 $15,390.00 120.00 $22,800.00 75.00 $14,250.00 131.00 $24,890.00 21 6"PVC BORED CROSSING L.F. 105 63:00 $6,615.00 115.00 $12,075.00 70.00 $7,350.00 130.00 $13,650.00 22 6"CONCRETE DRIVEWAY REPLACEMENTS L.F. 109 24.00 $2,616.00 45.00 $4,905.00 15.00 $1,635.00 35.00 $3,815.00 23 ASPHALTIC ROADWAY PVMNT REPL. L.F. 420 31.00 $13,020.00 45.00 $18,900.00 10.00 $4,200.00 30.00 $12,600.00 24 TRENCH SAFETY L.F. 3002 1.00 •$3,002.00 1.30 $3,902.60 ' 1.00 $3,002.00 1.00 $3,002.00 25 EROSION CONTROL SYSTEM L.S. 1 3552.00 $3,552.00 • 2000.00 $2,000.00 200.00 $200.00 5000.00 $5,000.00 SUBTOTAL SECTION A(ITEM NO 1-25) . $141,431.00 $144,348.00 $148,787.00 $157,583.75 • #42a5EWEP S d - • • 5 A-8 SEVOGE SYSTEM -JOB NO. 001-424 • 1111 CHEATHAM & ASSOCIATES BID TABULATION SHEET 6 OF 12 OWNER: CITY OF SOUTHLAKE BID DATE: APRIL 2, 1996 ATKINS BROS.EQUIP. BIL-MIK INC. J.C.EVANS CONST. L.JACKSON CONST. • 918 W.MARSHALL 11585 ALTA VISTA 3900 VALLEY VIEW LN. 5112 SUN VALLEY DR. JOB TITLE: PROPOSED SEWERAGE SYSTEM GR PRAIRIE,TX 75051 KELLER,TX 76248 IRVING,TX 75062 FT.WORTH,TX 76119 IIIGIILAND,WI IISPERING DELL,EMERALD PHONE: 214/647-8890 PHONE: 817/231-2623 PHONE: 214/257-0639 PHONE: 817/572-3303 ESTATES ADDITION&"N-3"TRUNK SEWER . FAX: . FAX: 817/831-1014 FAX: 214/255-3224 FAX: 817/478-0443 JOB NO: 001-424 AMT.BID $702,406.00 AMT.BID $710,169.20 AMT.BID $754,211.00 AMT.BID $762,237.75 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE SECT."B"WHISPERING DELL ESTATES . 1 8"SDR 35 SS PIPE,0'-6'DEPTH L.F. 115 20.00 $2,300.00 19.00 $2,185.00 35.00 $4,025.00 22.25 $2,558.75 2 8"SDR 35 SS PIPE,6'-8' DEPTH L.F. 766 31.00 $23,746.00 21.00 $16,086.00 37.00 $28,342.00 26.25 $20,107.50 3 8"SDR 35 SS PIPE,8'-10'DEPTH L.F. 510 35.00 $17,850.00 24.00 $12,240.00 39.00 $19,890.00 31.75 $16,192.50 4 8"SDR 35 SS PIPE, 10'-12'DEPTH L.F. 339 40.00 $13,560.00 28.00 $9,492.00 41.00 $13,899.00 36.50 $12,373.50 5 8"SDR 35 SS PIPE, 12'-14' DEPTH L.F. 225 46.00 $10,350.00 35.00 $7,875.00 43.00 $9,675.00 42.25 $9,506.25 6 8"SDR 35 SS PIPE,6'-8'DEPTH L.F. 35 31.00 $1,085.00 21.00 $735.00 37.00 $1,295.00 26.25 $918.75 7 8"SDR 35 SS PIPE,8'-10'DEPTH L.F. 59 35.00 $2,065.00 24.00 $1,416.00 39.00 $2,301.00 31.75 $1,873.25 8 8"SDR 35 SS PIPE, 10'-12'DEPTH L.F. 42 40.00 $1,680.00 28.00 $1,176.00 41.00 $1,722.00 36.50 $1,533.00 9 6"SDR 35 SS PIPE,0'-6'DEPTH L.F. 120 19.00 $2,280.00 18.00 $2,160.00 30.00 $3,600.00 21.25 $2,550.00 10 6"SDR 35 SS PIPE,6'-8'DEPTH L.F. 383 29.00 $11,107.00 20.00 $7,660.00 32.00 $12,256.00 25.50 $9,766.50 11 6"SDR 35 SS PIPE,8'-10'DEPTH L.F. 90 34.00 $3,060.00 23.00 $2,070.00 34.00 $3,060.00 31.00 $2,790.00 12 6"SDR 35 SS PIPE,6'-8'DEPTH L.F. 155 29.00 $4,495.00 20.00 $3,100.00 32.00 $4,960.00 25.50 $3,952.50 13 4' DIA.SEWER MANHOLES(0'-6'DEPTH). EA. 13 1255.00 $16,315.00 1200.00 $15,600.00 1000.00 $13,000.00 1000.00 $13,000.00 14 CONST. EXTRA DEPTH OF 4'SEWER MH V.F. 20 130.00 $2,600.00 110.00 $2,200.00 100.00 $2,000.00 100.00 $2,000.00 15 STD.SEWER CLEAN OUT EA. 1 326.00 $326.00 275.00 $275.00 250.00 $250.00 250.00 $250.00 16 4"SS SERVICE INSTALLATIONS. EA. 33 237.00 $7,821.00 110.00 $3,630.00 250.00 $8,250.00 150.00 $4,950.00 17 4"PVC SDR 35 SEWER PIPE • L.F. 1116 7.00 $7,812.00 12.00 $13,392.00 15.00 $16,740.00 40.00 $44,640.00 18 8"SDR 35 PVC BORED CROSSING L.F. 30 141.00 $4,230.00 140.00 $4,200.00 75.00 $2,250.00 131.00 $3,930.00 19 6"SDR 35 PVC BORED CROSSING L.F. 30 126.00 $3,780.00 135.00 $4,050.00 70.00 $2,100.00 130.00 $3,900.00 20 6"BORED BROSSINGS INCL.6"SDR 18 PVC L.F. 235 75.00 $17,625.00 _ 135.00 $31,725.00 75.00 $17,625.00 130.00 $30,550.00 21 ASPHALTIC ROADWAY PVMNT REPL L.F. 327 31.00 $10,137.00 45.00 $14,715.00 10.00 $3,270.00 30.00 $9,810.00 22 6"REIN.CONCRETE DRIVEWAY REPL. L.F. 272 24.00 $6,528.00 45.00 $12,240.00 15.00 $4,080.00 35.00 $9,520.00 23 6"GRAVEL DRIVEWAY REPL. L.F. 30 5.00 $150.00 9.00 $270.00 5.00 $150.00 20.00 $600.00 24 4"CONCRETE SIDEWALK REPL. L.F. 25 . 19.00 $475.00 24.00 $600.00 15.00 $375.00 25.00 $625.00 25 TRENCH SAFETY L.F. 2839 1.00 $2,839.00 1.30 $3,690.70 1.00 $2,839.00 1.00 $2,839.00 26 EROSION CONTROL SYSTEM. L.S. ' 1 3552.00 $3,552.00 2000.00 $2,000.00 200.00 $200.00 5000.00 $5,000.00 SUBTOTAL SECTION B(ITEM NOS.1-26) $177,768.00 $174,782.70 $178,154.00 $215,736.50 MN/SEINER • 5A-9 SE GE SYSTEM -JOB NO. 001-424 0 • CHEATHAM &ASSOCIATES BID TABULATION. SHEET 7 OF 12 OWNER: CITY OF SOUTHLAKE BID DATE: APRIL 2, 1996 ATKINS BROS.EQUIP. BIL-MIK INC. J.C.EVANS CONST. L.JACKSON CONST. 918 W.MARSHALL 11585 ALTA VISTA 3900 VALLEY VIEW LN. 5112 SUN VALLEY DR. JOB TITLE: PROPOSED SEWERAGE SYSTEM GR PRAIRIE,TX 75051 KELLER,TX 76248 IRVING,TX 75062 FT.WORTH,TX 76119 IIIGIII.AND,WHISPERING DELI.,EMERALD PHONE: 214/647-8890 PHONE: 817/231-2623 PHONE: 214/257-0639 PHONE: 817/572-3303 ESTATES ADDITION&"N-3""TRUNK SEWER FAX: FAX: 817/831-1014 FAX: 214/255-3224 FAX: 817/478-0443 JOB NO: 001-424 AMT.BID $702,406.00 AMT.BID $710,169.20 AMT.BID $754,211.00 AMT.BID $762,237.75 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE SECT."C" DENTON CREEK INTERCEPTOR . 1 18"SDR 26 SS PIPE, 10'-12' DEPTH L.F. 732 46 $33,672.00 42.00 $30,744.00 72.00 $52,704.00 33.00 $24,156.00 2 18"SDR 26 SS PIPE, 12'-14'DEPTH L.F. 1066 49 $52,234.00 48.00 $51,168.00 78.00 $83,148.00 34.00 $36,244.00 3 18"SDR 26 SS PIPE, 14'-16' DEPTH L.F. 262 52 $13,624.00 58.00 $15,196.00 80.00 $20,960.00 36.00 $9,432.00 4 18"SDR 26 SS PIPE, 16'-18'DEPTH L.F. 304 55 $16,720.00 70.00 $21,280.00 85.00 $25,840.00 41.00 $12,464.00 5 18"SDR 26 SS PIPE, 18'-20'DEPTH L.F. 16. 57 _ $912.00 90.00 $1,440.00 100.00 $1,600.00 44.00 $704.00 6 18"SDR 26 SS PIPE, (DOVE RD)10'-16'DEPTH L.F. 67 75 $5,025.00 110.00 $7,370.00 85.00 $5,695.00 57.00 $3,819.00 7 18"SDR 26 PVC BORED CROSSING L.F. 50 277 $13,850.00 300.00 $15,000.00 150.00 $7,500.00 268.00 $13,400.00 8 18"SDR 26 PVC BORED CROSSING L.F. 70 275 $19,250.00 300.00 .. $21,000.00 150.00 $10,500.00 268.00 $18,760.00 9 18"SDR 26 PVC BORED CROSSING L.F. 75 270 $20,250.00 300.00 $22,500.00 150.00 $11,250.00 268.00 $20,100.00 10 18"SDR 26 PVC BORED CROSSING L.F. . 60 237 $14,220.00 300.00 $18,000.00 120.00 $7,200.00 268.00 $16,080.00 11 BORED C•• L.F. 55 237 $13,035.00 300.00 $16,500.00 120.00 $6,600.00 268.00 $14,740.00 12 • EA. 10 1373 $13,730.00 .1400.00 $14,000.00 2000.00 $20,000.00 1100.00 $11,000.00 13 CONST. - DEPTH OF - MH V.F. 94 148 $13,912.00 125.00 $11,750.00 100.00 $9,400.00 120.00 $11,280.00 14 18"PV R D& EALED NNE TI N L. . 1 711 $711.00 3500.00 $3,500.00 500.00 $500.00 1200.00 $1,200.00 15 8"DIA.X 10'STUB-OUT CONNECTIONS TO MH EA. 3 196.00 $588.00 225.00 $675.00 250.00 $750.00 300.00 $900.00 16 4"SANITARY SEWER SVC INSTALLATION EA. 6 533 $3,198.00 260.00 $1,560.00 250.00 $1,500.00 500 $3,000.00 17 4"SDR 35 PVC SEWER SVC PIPE L.F. 110 7.00 $770.00 14.00 $1,540.00 15.00 $1,650.00 35.00 $3,850.00 18 ASPHALTIC ROADWAY PVMNT REPL. L.F. 36 31.00 $1,116.00 45.00 $1,620.00 10.00 $360.00 75.00 $2,700.00 19 TRENCH SAFETY L.F. 2561 1.00 $2,561.00 _ 2.00 $5,122.00 5.00 $12,805.00 1.00 $2,561.00 20 EROSION CONTROL SYSTEM L.S. 1 3552.00 $3,552.00 2000.00 $2,000.00 332.00 $332.00 5000.00 $5,000.00 SUBTOTAL SECTION C(ITEM NOS.1-20) $242,930.00 $261,965.00 $280,294.00 $211,390.00 • • /<N/SEWER • • 5A-10 SE AGE SYSTEM -JOB NO. 001-424 ilk ..., CHEATHAM &ASSOCIATES BID TABULATION SHEET 8 OF 12 OWNER: CITY OF SOUTHLAKE BID DATE: APRIL 2, 1996 ATKINS BROS.EQUIP. BIL-MIK INC. 'LC.EVANS CONST. L.JACKSON CONST. 918 W.MARSHALL 11585 ALTA VISTA 3900 VALLEY VIEW LN. 5112 SUN VALLEY DR. JOB TITLE: PROPOSED SEWERAGE SYSTEM GR PRAIRIE,TX 75051 KELLER,TX 76248 IRVING,TX 75062 FT.WORTH,TX 76119 HIGHLAND,WHISPERING DELL,EMERALD PHONE: 214/647-8890 PHONE: 817/231-2623 PHONE: 214/257-0639 PHONE: 817/572-3303 ESTATES ADDITION&"N-3"TRUNK SEWER FAX:. FAX: 817/831-1014 FAX: 214/255-3224 FAX: 817/478-0443 JOB NO: 001-424 AMT.BID $702,406.00 AMT.BID $710,169.20 AMT.BID $754,211.00 AMT.BID $762,237.75 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE SECTION"D" EMERALD ESTATES ADDITION 1 6"SDR 35 SS PIPE,0'-6' DEPTH L.F. 532 18.00 $9,576.00 18.00 $9,576.00 30.00 $15,960.00 22.50 $11,970.00 2 6"SDR 35 SS PIPE,6'-8'DEPTH L.F. 1039 28.00 $29,092.00 20.00 $20,780.00 31.00 $32,209.00 25.50 $26,494.50 3 6"SDR 35 SS PIPE, 8'-10'DEPTH L.F. 528 33.00 $17,424.00 23.00 $12,144.00 34.00 $17,952.00 31.00 $16,368.00 4 6"SDR 35 SS PIPE, 10'-12' DEPTH L.F. 111 37.00 $4,107.00 26.00 $2,886.00 36.00 $3,996.00 33.00 $3,663.00 5 6"SDR 35 SS PIPE, 12'-14'DEPTH L.F. 16 44.00 $704.00 30.00 $480.00 38.00 $608.00 38.00 $608.00 6 6"SDR 35 SS PIPE, 6'-8' DEPTH - L.F. 40 28.00 $1,120.00 20.00 $800.00 32.00 $1,280.00 25.50 $1,020.00 7 6"SDR 35 SS PIPE, 8'-10' DEPTH L.F. 64 33.00 $2,112.00 23.00 $1,472.00 34.00 $2,176.00 31.00 $1,984.00 8 6"SDR 35 SS PIPE, 10'-12' DEPTH L.F. 55 38.00 $2,090.00 26.00 $1,430.00 36.00 $1,980.00 33.00 $1,815.00 9 4'DIA.SEWER MANHOLES(0'-6') EA. 8 1285.00 $10,280.00 1200.00 $9,600.00 1000.00 $8,000.00 1000.00 $8,000.00 10 CONST. EXTRA DEPTH OF 6'SEWER MH V.F. 16.5 130.00 $2,145.00 110.00 $1,815.00 100.00 $1,650.00 100.00 $1,650.00 11 CRUSHED STONE C.Y. 30 24.00 $720.00 30.00 $900.00 15.00 $450.00 20.00 $600.00 12 6"CORED CONNECTION TO SEWER MH EA. 3 444.00 $1,332.00 600.00 $1,800.00 500.00 $1,500.00 1200.00 $3,600.00 13 6"PVC BORED CROSSING - L.F. 40 137.00 $5,480.00 130.00 $5,200.00 70.00 $2,800.00 130.00 $5,200.00 14 4"SS SVC INSTALLATIONS ON 6"PVC LINES EA. 28 267.00 $7,476.00 110.00 $3,080.00 500.00 $14,000.00 150.00 $4,200.00 15 4"SS SVC INSTALLATIONS ON 6"/8"PVC LINE EA. 20 533.00 $10,660.00 480.00 $9,600.00 500.00 $10,000.00 250.00 $5,000.00 16 4"SDR 35 PVC SS PIPE PVMNT CROSSINGS L.F. . 1500 12.00 $18,000.00 14.00 $21,000.00 15.00 $22,500.00 40.00 $60,000.00 17 6"CONCRETE DRIVEWAY CROSSINGS L.F. 286 24.00 $6,864.00 45.00 $12,870.00 15.00 $4,290.00 35.00 $10,010.00 18 ASPHALTIC ROADWAY PVMNT CROSSINGS L.F. 132 31.00 $4,092.00 45.00 $5,940.00 10.00 $1,320.00 30.00 $3,960.00 19 4"SS SVC INSTALLATION EA. 1 533.00 $533.00 800.00 $800.00 520.00 $520.00 2000.00 $2,000.00 20 8"CONNECTION TO EXIST.SEWAGE L.S. L.S. 1 533.00 $533.00 1800.00 $1,800.00 1200.00 $1,200.00 2000.00 $2,000.00 21 TRENCH SAFETY L.F. 2385 1.00 $2,385.00 1.30 $3,100.50 1.00 $2,385.00 1.00 $2,385.00 22 EROSION CONTROL SYSTEM L.S. 1 3552.00 $3,552.00 2000.00 $2,000.00 200.00 $200.00 5000.00 $5,000.00 SUBTOTAL SECTION D(ITEM NOS 1-22) • $140,277.00 $129,073.50 $146,976.00 $177,527.50 GRAND TOTAL AMOUNT $702,406.00 $710,169.20 $754,211.00 $762,237.75 (SECTION A,B,C&D) /2 SEWER • 5 A-11 SE GE SYSTEM -JOB NO. 001-424 0 411) • CHEATHAM &ASSOCIATES BID TABULATION SHEET 9 OF 12 OWNER: CITY OF SOUTHLAKE BID DATE: APRIL 2, 1996 H&W UTILITIES 305 MAIN ST. JOB TITLE: PROPOSED SEWERAGE SYSTEM LAKE DALLAS,TX 7506 HIGHLAND,WHISPERING DELL,EMERALD PHONE: 817/521-5158 PHONE: PHONE: PHONE: ESTATES ADDITION&"N-3"TRUNK SEWER FAX: 817/321-5160 FAX: FAX: FAX: JOB NO: 001-424 AMT.BID $831,005.92 AMT.BID $0.00 AMT.BID $0.00 AMT.BID $0.00 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE SECTION"A"HIGHLAND ESTATES ADDITION 1 8"SDR 35 SS PIPE,0'-6' DEPTH L.F. ' 38 18.12 $688.56 $0.00 $0.00 $0.00 2 8"SDR 35 SS PIPE,6'-8'DEPTH L.F. 668 19.50 $13,026.00 $0.00 $0.00 $0.00 3 8"SDR 35 SS PIPE,8'-10' DEPTH L.F. 649 20.60 $13,369.40 $0.00 $0.00 $0.00 4 8"SDR 35 SS PIPE, 10'-12' DEPTH L.F. 45 22.50 $1,012.50 $0.00 $0.00 $0.00 5 8"SDR 35 SS PIPE,0'-6'DEPTH L.F. 40 18.12 $724.80 $0.00 $0.00 $0.00 6 8"SDR 35 SS PIPE,6'-8' DEPTH L.F. 60 19.50 $1,170.00 $0.00 $0.00 $0.00 7 8"SDR 35 SS PIPE,6'-8' DEPTH L.F. 10 23.60 $236.00 $0.00 $0.00 $0.00 8 8"SDR 35 SS PIPE, 8'-10' DEPTH L.F. 18 24.00 $432.00 $0.00 $0.00 $0.00 9 6"SDR 35 SS PIPE,0'-6' DEPTH L.F. 149 17.35 $2,585.15 $0.00 $0.00 $0.00 10 6"SDR 35 SS PIPE,6'-8'DEPTH L.F. 657 18.75 $12,318.75 $0.00 $0.00 $0.00 11 6"SDR 35 SS PIPE,8'-10'DEPTH L.F. 135 23.23 $3,136.05 $0.00 $0.00 $0.00 12 6"SDR 35 SS PIPE, 0'-6' DEPTH L.F. 37 22.23 $822.51 $0.00 $0.00 $0.00 13 6"SDR 35 SS PIPE,6'-8' DEPTH L.F. 211 22.83 $4,817.13 $0.00 $0.00 $0.00 14 6"SDR 35 SS PIPE,8'-10' DEPTH L.F. 180 23.23 $4,181.40 $0.00 $0.00 $0.00 15 4' DIA. SEWER MANHOLES(0'-6'DEPTH) EA. 13 1200.00 $15,600.00 $0.00 $0.00 $0.00 16 CONST. EXTRA DEPTH OF 4'SEWER MH V.F. 22 100.00 $2,200.00 $0.00 $0.00 $0.00 17 4"SS SERVICE INSTALLATION EA 18 220.00 $3,960.00 $0.00 $0.00 $0.00 18 4"PVC SEWER SERVICE PIPE L.F. 216 37.42 $8,082.72 $0.00 $0.00 $0.00 19 8"DIA.X 10'CONNECTIONS TO MANHOLES _EA. 1' 250.00 $250.00 $0.00 $0.00 $0.00 20 8"PVC BORED CROSSINGS L.F. 190 150.00 $28,500.00 $0.00 $0.00 $0.00 21 6"PVC BORED CROSSING L.F. 105 125.00 $13,125.00 $0.00 $0.00 $0.00 22 6"CONCRETE DRIVEWAY REPLACEMENTS L.F. 109 50.00 $5,450.00 $0.00 $0.00 $0.00 23 ASPHALTIC ROADWAY PVMNT REPL. L.F. 420 45.00 $18,900.00 $0.00 $0.00 $0.00 24 TRENCH SAFETY ' L.F. 3002 4.00 $12,008.00 $0.00 $0.00 $0.00 25 EROSION CONTROL SYSTEM L.S. 1 2500.00 $2,500.00 $0.00 $0.00 $0.00 SUBTOTAL SECTION A(ITEM NO 1-25L $169,095.97 $0.00 $0.00 $0.00 /<2 SEWER 5 A-12 SE AGE SYSTEM -JOB NO. 001-424 CHEATHAM &ASSOCIATES BID TABULATION SHEET 10 OF 12 OWNER: CITY OF SOUTHLAKE BID DATE: APRIL 2, 1996 H&W UTILITIES 305 MAIN ST. JOB TITLE: PROPOSED SEWERAGE SYSTEM LAKE DALLAS,TX 7506 HIGHLAND,WHISPERING DELL,EMERALD PHONE: 817/521-5158 PHONE: PHONE: PHONE: ESTATES ADDITION&"N-3"TRUNK SEWER FAX: 817/321-5160 FAX: FAX: FAX: JOB NO: 001-424 AMT.BID $831,005.92 AMT.BID $0.00 AMT.BID $0.00 AMT.BID $0.00 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE. . PRICE PRICE PRICE SECT."B"WHISPERING DELL ESTATES 1 8"SDR.35 SS PIPE, 0'-6' DEPTH L.F. 115 18.12 $2,083.80 $0.00 $0.00 $0.00 2 8"SDR 35 SS PIPE,6'-8'DEPTH L.F. 766 19.50 $14,937.00 $0.00 $0.00 $0.00 3 8"SDR 35 SS PIPE,8'-10'DEPTH L.F. 510 20.60 $10,506.00 $0.00 $0.00 $0.00 4 8"SDR 35 SS PIPE, 10'-12'DEPTH L.F. 339 22.50 $7,627.50 $0.00 $0.00 $0.00 5 8"SDR 35 SS PIPE, 12'-14'DEPTH L.F. 225 26.42 $5,944.50 $0.00 $0.00 $0.00 6 8"SDR 35 SS PIPE,6'-8' DEPTH L.F. 35 22.83 $799.05 $0.00 $0.00 $0.00 7 8"SDR 35 SS PIPE,8'-10' DEPTH L.F. 59 23.23 $1,370.57 $0.00 $0.00 $0.00 8 8"SDR 35 SS PIPE, 10'-12'DEPTH L.F. 42 23.65 $993.30 $0.00 $0.00 $0.00 9 6"SDR 35 SS PIPE,0'-6' DEPTH . L.F. 120 17.35 $2,082.00 $0.00 $0.00 $0.00 10 6"SDR 35 SS PIPE,6'-8' DEPTH L.F. 383 17.35 $6,645.05 $0.00 $0.00 $0.00 11 6"SDR 35 SS PIPE,8'-10'DEPTH L.F. 90 23.23 $2,090.70 $0.00 $0.00 $0.00 12 6"SDR 35 SS PIPE,6'-8'DEPTH L.F. 155 22.83 $3,538.65 $0.00 $0.00 $0.00 13 4'DIA.SEWER MANHOLES(0'-6'DEPTH) EA. 13 1200.00 $15,600.00 $0.00 $0.00 $0.00 14 CONST. EXTRA DEPTH OF 4'SEWER MH V.F. 20 100.00 $2,000.00 $0.00 $0.00 $0.00 15 STD.SEWER CLEAN OUT EA. 1 275.00 $275.00 $0.00 $0.00 $0.00 16 4"SS SERVICE INSTALLATIONS. EA. 33 220.00 $7,260.00 $0.00 $0.00 $0.00 17 4"PVC SDR 35 SEWER PIPE L.F. 1116 37.42 $41,760.72 $0.00 $0.00 $0.00 18 8"SDR 35 PVC BORED CROSSING L.F. 30 150.00 $4,500.00 $0.00 $0.00 $0.00 19 6"SDR 35 PVC BORED CROSSING L.F. 30 125.00 $3,750.00 $0.00 $0.00 $0.00 20 6"BORED BROSSINGS INCL.6"SDR 18 PVC L.F. 235 150.00 $35,250.00 $0.00 $0.00 $0.00 21 ASPHALTIC ROADWAY PVMNT REPL L.F. 327 45.00 $14,715.00 $0.00 $0.00 $0.00 22 6"REIN. CONCRETE DRIVEWAY REPL. L.F. 272 35.00 $9,520.00 $0.00 $0.00 $0.00 23 6"GRAVEL DRIVEWAY REPL. L.F. 30 25.00 $750.00 $0.00 . $0.00 $0.00 24 4"CONCRETE SIDEWALK REPL. L.F. 25 35.00 $875.00 $0.00 $0.00 $0.00 25 TRENCH SAFETY L.F. 2839 4.00 $11,356.00 $0.00 $0.00 $0.00 26 EROSION CONTROL SYSTEM L.S. 1 2500.00 $2,500.00 $0.00 $0.00 $0.00 SUBTOTAL SECTION B(ITEM NOS.1-26) $208,729.84 $0.00 $0.00 $0.00 • • u2'SEWER • 5 A-13 SE AGE SYSTEM -JOB NO. 001-424 ------Alk- . CHEATHAM &ASSOCIATES BID TABULATION SHEET 11 OF 12 OWNER: CITY OF SOUTIILAKE BID DATE: APRIL 2, 1996 H&W UTILITIES 305 MAIN ST. JOB TITLE: PROPOSED SEWERAGE SYSTEM LAKE DALLAS,TX 7506 HIGHLAND,WHISPERING DELL,EMERALD PHONE: 817/521-5158 PHONE: PHONE: PHONE: ESTATES ADDITION&"N-3"TRUNK SEWER FAX: 817/321-5160 FAX: FAX: FAX: JOB NO: 001-424 AMT.BID $831,005.92 AMT.BID $0.00 AMT.BID $0.00 AMT.BID $0.00 • ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE SECT."C" DENTON CREEK INTERCEPTOR 1 18"SDR 26 SS PIPE, 10'-12'DEPTH ' L.F. 732. 50 $36,600.00 $0.00 $0.00 - $0.00 2 18"SDR 26 SS PIPE, 12'-14'DEPTH L.F. 1066 52 $55,432.00 $0.00 $0.00 $0.00 3 18"SDR 26 SS PIPE, 14'-16'DEPTH L.F. 262 55 $14,410.00 $0.00 $0.00 $0.00 4 18"SDR 26 SS PIPE, 16'-18'DEPTH L.F. 304 59 $17,936.00 $0.00 $0.00 $0.00 5 18"SDR 26 SS PIPE, 18'-20'DEPTH L.F. 16 61 $976.00 $0.00 $0.00 $0.00 6 18"SDR 26 SS PIPE, (DOVE RD) 10'-16'DEPTH L.F. 67 58 $3,886.00 $0.00 $0.00 $0.00 7 18"SDR 26 PVC BORED CROSSING L.F. 50 280 $14,000.00 $0.00 $0.00 $0.00 8 18"SDR 26 PVC BORED CROSSING L.F. 70 280 $19,600.00 $0.00 $0.00 $0.00 9 18"SDR 26 PVC BORED CROSSING L.F. 75 280 $21,000.00 $0.00 $0.00 $0.00 10 18"SDR 26 PVC BORED CROSSING L.F. 60 280 $16,800.00 $0.00 $0.00 $0.00 11 18"SDR 26 PVC BORED CROSSING L.F. 55 280 $15,400.00 $0.00 $0.00 $0.00 12 4"SEWER MANHOLES(0'-6'DEPTH) EA. 10 1800 $18,000.00 $0.00 $0.00 $0.00 13 CONST. EXTRA DEPTH OF 4'SEWER MH V.F. 94 100 $9,400.00 $0.00 $0.00 $0.00 14 18"PVC CORED&SEALED CONNECTION L.S. 1 2000 $2,000.00 $0.00 $0.00 $0.00 15 8"DIA.X 10'STUB-OUT.CONNECTIONS TO MH EA. 3 400.00 $1,200.00 $0.00 $0.00 $0.00 16 4"SANITARY SEWER SVC INSTALLATION EA. 6 310 $1,860.00 $0.00 $0.00 $0.00 17 4"SDR 35 PVC SEWER SVC PIPE L.F. 110 46.00 $5,060.00 $0.00 $0.00 $0.00 18 ASPHALTIC ROADWAY PVMNT REPL. L.F. 36 100.00 $3,600.00 $0.00 $0.00 $0.00 19 TRENCH SAFETY L.F. 2561 7.00 $17,927.00 $0.00 $0.00 $0.00 20 EROSION CONTROL SYSTEM L.S. - 1 7500.00 $7,500.00 $0.00 $0.00 $0.00 SUBTOTAL SECTION C(ITEM NOS.1-20) $282,587.00 $0.00 $0.00 $0.00 /QNSEWER -5 A-14 SERGE SYSTEM -JOB NO. 001-424 ID -AP- . CHEATHAM &ASSOCIATES BID TABULATION SHEET 12 OF 12 OWNER: CITY OF SOUTHLAKE BID DATE: APRIL 2, 1996 H&W UTILITIES . 305 MAIN ST. JOB TITLE: PROPOSED SEWERAGE SYSTEM LAKE DALLAS,TX 7506 HIGHLAND,WHISPERING DELL,EMERALD PHONE: 817/521-5158 PHONE: PHONE: PHONE: ESTATES ADDITION&"N-3"TRUNK SEWER FAX: 817/321-5160 FAX: FAX: FAX: JOB NO: 001-424 AMT.BID $831,005.92 AMT.BID $0.00 AMT.BID $0.00 AMT.BID $0.00 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE • PRICE PRICE PRICE SECTION"D" EMERALD ESTATES ADDITION 1 6"SDR 35 SS PIPE,0'-6' DEPTH L.F. 532 17.35 $9,230.20 ' $0.00 $0.00 $0.00 2 6"SDR 35 SS PIPE,6'-8' DEPTH L.F. 1039 18.75 $19,481.25 $0.00 $0.00 $0.00 3 6"SDR 35 SS PIPE,8'-10' DEPTH L.F. 528 23.23 $12,265.44 $0.00 $0.00 $0.00 4 6"SDR 35 SS PIPE, 10'-12' DEPTH L.F. 111 23.65 $2,625.15 $0.00 $0.00 $0.00 5 6"SDR 35 SS PIPE, 12'-14' DEPTH L.F. 16 25.65 $410.40 - $0.00 $0.00 $0.00 6 6"SDR 35 SS PIPE,6'-8'DEPTH L.F. 40 22.83 $913.20 - $0.00 $0.00 $0.00 7 6"SDR 35 SS PIPE,8'-10' DEPTH L.F. 64 23.23 $1,486.72 ' $0.00 $0.00 $0.00 8 6"SDR 35 SS PIPE, 10'-12' DEPTH L.F. 55 23.65 $1,300.75 . $0.00 $0.00 $0.00 9 4'DIA.SEWER MANHOLES(0'-6') EA. 8 1200.00 $9,600.00 $0.00 $0.00 $0.00 10 CONST.•EXTRA DEPTH OF 6'SEWER MH V.F. 16.5 100.00 $1,650.00 $0.00 $0.00 $0.00 11 CRUSHED STONE C.Y. - 30 30.00 $900.00 ' $0.00 $0.00 $0.00 12 6"CORED CONNECTION TO SEWER MH EA. 3 750.00 $2,250.00 - $0.00 $0.00 $0.00 13 6"PVC BORED CROSSING L.F. 40 125.00 $5,000.00 $0.00 $0.00 $0.00 14 4"SS SVC INSTALLATIONS ON 6"PVC LINES EA. 28 220.00 $6,160.00 $0.00 $0.00 $0.00 15 4"SS SVC INSTALLATIONS ON 6"/8"PVC LINE EA. 20 550.00 $11,000.00 - $0.00 $0.00 $0.00 16 4"SDR 35 PVC SS PIPE PVMNT CROSSINGS L.F. 1500 37.42 $56,130.00 $0.00 $0.00 $0.00 17 6"CONCRETE DRIVEWAY CROSSINGS L.F. 286 35.00 $10,010.00 ' $0.00 $0.00 $0.00 18 ASPHALTIC ROADWAY PVMNT CROSSINGS L.F. 132 45.00 $5,940.00 ' $0.00 $0.00 $0.00 19 4"SS SVC INSTALLATION EA. 1 950.00 $950.00 - $0.00 $0.00 $0.00 20 8"CONNECTION TO EXIST.SEWAGE L.S. L.S. 1 1250.00 $1,250.00 $0.00 $0.00 $0.00 21 TRENCH SAFETY L.F. 2385 4.00 $9,540.00 $0.00 $0.00 $0.00 22 EROSION CONTROL SYSTEM L.S. 1 2500.00 $2,500.00 $0.00 $0.00 $0.00 SUBTOTAL SECTION D(ITEM NOS 1-22) - $170,593.11 $0.00 $0.00 $0.00 GRAND TOTAL AMOUNT $831,005.92 $0.00 $0.00 . $0.00 (SECTION A,B,C&D) I<2u5EWER 5 A-15 . ..... , _... Y1eu Dii° i (--� .; N„ �.,,:,.f ,r r.s 7+,,„:„._ ,,.( ,,,_- IL r''•I---J7o. ° UIGF9- 1 I _ ,, �- • GRAPCNRC CITY I4I rD pnt•'E ---- D.,4 ,a41 I �.5�r •,x� 4 UNtNCOR'.•AJED a. .•••r.w• NEG,1E ; I 0,-... • . . 9y. �d - • -.�� , 1 LW 4�, a,)4 'I, - y10 NOR I I 'x, 4 " f'... )11i; I I will. �'t�r •� m mr ,44 . <'• It . r , , Y • • . t---; 0 n_ : A• ai•10 1,c,,,,a,,,_A.,. .. ;• ,4i.Al _ '.:7 iZi-----, ,.;,_,..,,,..•' , 7..., .•(''.. ..,,( 1.....--,y) 1 ...,. ,..:.. iL w an4` 1 .fE$[_+_r---. -4;r 4d-J'„ ` }I n4 F_-. ..c: 4. , , • • .. : ' IA•: ;3•f. CHIV1'Rg 1 i,. . ''1%1'—' . ©lL� / � n%..>.Dro�.o, s ar a; A ..o., x : j , a4 ��®R7dRD I• ':e aB,(�q // e,M. 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" �� 1' - �,i >, '-.-� Y' •{'I i . /t7. j v, ,OW rl,,:F 1IFHI S•L\cS\,�- A �i�E a\ v s • ; ;: .,, • tc 06-- , Sy I'�' x-frg TS pE If r m al rn _ ESYA __ ` I a,w a1. � • ,c,„„ ....: __,,,,a, c • ... aa -- (.1 ...., i NORTH Y x, 11_ WEST PKwY a ST •111 ;Mil•r • ,•Z7 __�G-t-�--t- -- _ D4. n4 a • .ou' s z Q /•_ rw4 s.4 ;�. a fAR�R y :�------ IE� : . • - -- 2RARO Nes.. 5ION • rf 'ta _ . 'ONi� ADD ' '_ in n. 4..' 11 - ' -•YE : S y w, - so.„w< a K �t� f £- ns 4.x4 G ••�i.., sx4 }.4 • GORgII�- � D4 — SpJfH-ppA-C ILEtti , / ,!' �000 - 121 OIL Gc-- MWON --- _� B '' a •IT :as, w•• : : Jr i D D) AO RHT.; 1:... j04 1, �1rr�- - -r O eo. p I�'v} `4 ,.E x /� 0}K �, , ITU. .�°h� ALRES n 4 a. < _ AT�''-i' +, v E g k o-p0� F9®c v ax �y fa1 ,S• ^' PoR7P y..i [put.. �. ! "�lPc®IA,,. ..•-t IGFlT <4 • '-� • . �5 A-161 r w ,,.. I�3$COAP city or 5outnlake, I exas .f , MEMORANDUM April 8, 1996 0 TO: Curtis E. Hawk FROM: Edward S. McRoy SUBJECT: Ozone Awareness and Action Season The Dallas/Ft Worth metroplex has been designated a non-attainment area for ground-level Ozone by the EPA. Ozone is a colorless, odorless gas that may cause detrimental health impacts if encountered in high concentrations. Continued ozone non-attainment will also result in significant economic sanctions such as the loss of highway funds. The State of Texas has therefore made a commitment for our region to reduce this air pollution 15% by the end of 1996. In our region more than 50% of the Ozone-forming chemicals in the air come from vehicle emissions. In the past, the City of Southlake has in cooperated with the Fort Worth Transportation Authority, the North Texas Clean Air Coalition, and the North Central Texas Council of Governments, by posting Ozone Alert information and altering operations to reduce Ozone accumulation during critical times. o increase public awareness of the ozone situation, I request that you place the attached resolution on the City Council agenda for April 16, 1996. The resolution is simply a publicity device and does not obligate the city to anything beyond our current ozone policy. Edward S. McRoy RESOLUTION NO. 96 I • A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, DECLARING MAY 1, 1996 THROUGH OCTOBER 31, 1996 TO BE DESIGNATED "OZONE AWARENESS AND ACTION SEASON." WHEREAS, The City of Southlake recognizes that the Dallas/Ft Worth region has been designated as a "moderate" non-attainment area for safe levels of ozone by the Environmental Protection Agency; and, WHEREAS, Excessive ozone exposure can result in adverse health effects including respiratory distress; and, WHEREAS, continued ozone non-attainment may result in Federally imposed sanctions that will adversely impact the growth and economy of the region; and, • WHEREAS, The City of Southlake believes those small voluntary efforts taken by individuals can add up to a big improvement in air quality. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: The period of May 1, 1996 through October 31, 1996 is hereby proclaimed as Ozone Awareness and Action Season in the City of Southlake. In recognition of this the City of Southlake shall: fly the Ozone Alert Flag on declared Ozone Action Days; encourage carpooling; limit, where feasible, the use of gasoline powered engines operating prior to 10:00 a.m.; and encourage the fueling of vehicles in the evening or on the day prior to a declared Ozone Action Day. PASSED AND APPROVED this the 16th day of April, 1996. CITY OF SOUTHLAKE, TEXAS ATTEST: Gary Fickes, Mayor Sandra L. LeGrand City Secretary • City of Southlake,Texas MEMORANDUM April 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Director of Parks and Recreation SUBJECT: Contract with Glass and Associates for Park and Recreation Survey As you know, the Parks and Recreation Board and staff are reviewing and updating the 1992 Southlake Parks, Recreation and Open Space Master Plan in accordance with City Charter requirements. The Parks &Recreation Board and staff originally thought the data from the 1995 Citizens Survey and a few focus groups would meet our needs for evaluating citizens' needs and desires. The focus groups raised several issues. For further clarifications we now feel it is necessary to conduct a"scientific" random telephone survey. The City contracted with Glass and Associates for the 1995 Citizens Survey and we were pleased with their work. This Parks and Recreation survey will be smaller in scope,but we will use the same sample size (600 for a 95% accuracy). Work on this project will begin immediately. Dr. Glass is reviewing the focus groups comments to begin the preparation of the survey questions. The survey should take approximately two months to complete. Attached is a draft of the contract. The city attorney has reviewed and corrected this draft and a copy of the changes will be available Monday. The telephone survey was approved in the mid-year budget adjustments for FY 95-96 budget. The total contract is not to exceed $6,800 including reimbursables. Please put on the City Council agenda for April 16, authorizing the Mayor to enter into a contract with Glass and Associates for Park and Recreation Survey. You may contact me at 481-5581, extension 757, if you have any questions. KM • 5 - C., 04-03-1996 10:26A1 FROM : T0 9181742121Y7 r.e2 m CITY OF SOUTHLAKE PARK AND RECREATION SURVEY 1996 • A. Overview Glass and Associates proposes the design,administration,execution,and analysis of a random sample survey of Southlake citizens. The purpose of the survey is to provide .the City with citizen perceptions and preferences about park and recreation facilities. The consultants will design a survey instrument,based on input from city staff and the information produced by the focus groups. A sample of 600 interviews will be completed and will be generalizable to the residents of the City of Southlake. The survey will be administered by trained interviewers to the random sample of Southlake citizens. A final report will be prepared and presented to City staff. B. Objectives To satisfy the purposes of this project,the following major objectives will be accomplished: • 1. Design a survey instrument based on input and guidance from staff and focus groups. 2. Administer the telephone survey to a random sample of citizen. 3. Analyze the data acquired from the survey. 4. Submit a final report. • C.Telephone Survey 1.Sampling procedures A random sample will be drawn from a list of Southlake residential telephone numbers. Standard statistical methodology requires a total of 600 responses for a+/-4 percent margin of sampling error all at the 95 percent confidence Ievel. 2.Survey instrument: design and content The development of the survey questionnaire will be the responsibility of the consultants,based on input from City staff and from the previously held citizen focus groups. The consultants.will use this input to develop a quality survey instrument, adhering to the standard techniques of instrument design and question construction. • 04-03-1996 10:26A1 FROM TO 918174212175 P.03 3.Administering the survey instrument • critical aspect of a successful telephone surveyis the qualityof the A cnti p ep interviewers. Selecting,training,and monitoring interviewers is of paramount concern. The goal is not to allow interviewers to bias the response of an individual. In telephone surveying, it is possible that the respondent might receive verbal clues regarding the • . interviewer's opinion,and might hear the interviewer's reaction to particular responses. 'Only trained interviewers will be used on the Southlake project. The introductory phase of each telephone contact will include a reference to complete confidentiality of the information collected. Further,interviewers will be instructed to fully comply with this principle and disregard any possible references that respondents may make that would jeopardize such confidentiality. All interviewing is conducted from a centralized telephone bank. An experienced telephone supervisor is on duty at all times to supervise the administration of the sample, monitor for quality control,and handle any other problems. Shifts of interviewers are used throughout the day and evening. All telephone numbers in a sample are tried at least five times,using a rotating schedule of call-backs to ensure that a number has been tried at various times during the'day and evening. Households with answering machines are given special effort during off hours to increase the chances of contact. 4.Data base preparation • Using the latest state-of-the-art statistical software the raw data file will be analyzed. Basic frequency distributions will be prepared to detect the presence of any data errors that could have occurred. A sample of cases will be checked for accuracy and any discrepancies will be corrected. Complete protection and confidentiality of the survey data base will be assured during all phases of data analysis. 5.Data Analysis and Report The same statistical software used in data analysis will be used to generate tables for inclusion in the final report to the city. Frequency distributions for each survey question and demographic characteristics will be developed_ Cross-tabulations of each question by selected demographic characteristics(age,length of residence,owner/renter status,etc.)will be included in the analysis. 6-6 • 04-03-1996 1e:27A1 FROM TO 918174212175 P.04 D.Administrative Work Plan • TASK I: DESIGN OF THE SURVEY INSTRUMENT. This task will involve meetings with City to discuss the preliminary draft survey instrument,drafting the preliminary survey instrument,revising the draft,and producing the final survey instrument. • TASK 2: DEVELOP THE SAMPLING FRAME. This task will involve drawing of a random sample of citizens concurrent with the design of the survey instrument. TASK 3: SELECTION AND TRAINING OF INTERVIEWERS. This task will involve the selection and hiring of an adequate number of interviewers and training each of the interviewers. TASK 4: CONDUCT THE TELEPHONE SURVEY. This task will involve a pre-testing procedure,resolution of any changes in the instrument,and actual administration of the survey instrument to the selected sampling frame. - TASK 5: ANALYSIS OF SURVEY DATA. This task will involve designing the basic data base that ultimately will be provided to the city,the initial tabulation of raw survey data,cleaning the data,basic cross-tabulations,additional analysis,and drafting a preliminary report. • TASK 6: COMPILE FINAL REPORT. This task will involve preparing a final report for presentation. E.Cost The consultants agree to conduct the above-described survey and prepare a written report for the City of Southlake for a fixed fee of$6,800. James J. Glass Glass and Associates City of Southlake • �` �' TOTAL P.04 City of Southlake,Texas MEMORANDUM SApril 11, 1996 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Resolution No. 96-22, Abandonment of an Sanitary Sewer Access Easement with Trinity River Authority in Timarron-Golf Villas Timarron staff has requested that the City abandon two 15-foot wide perpetual access easements in the Golf Villas Addition. These easements being recorded in Volume 9955, Page 334 and Volume 11784, Page 446 of the Deed Records of Tarrant County are not being used, nor useful to the public and would be better served and benefitted by their vacation and abandonment. The purpose of these easements was to provide pedestrian and vehicular ingress and egress from the nearest current public road, to the S-6 Metering Manhole site. With the platting and construction of the Timarron-Golf Villas, the sewer was reconstructed in a new alignment. 0 Trinity River Authority (TRA) is willing to release the access easements and provided the format for the Abandonment and Quitclaim of Access Easement for the Mayor's signature and their General Manager's signature. Resolution 96-22, Abandonment and Quitclaim of Access Easements, and descriptions have been prepared for Council consideration. Please place this on the April 16, 1996 agenda. RH/sm Attachments: Resolution 96-22 Abandonment and Quitclaim of Access Easements wp61 I wodocs I harper)agenda I timease.rel Ill 5 17-1 • RESOLUTION NO. 96-22 A RESOLUTION VACATING AND ABANDONING PORTIONS OF TWO 15-FOOT PERPETUAL ACCESS EASEMENTS, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUIT CLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF THE SAID 15-FOOT PERPETUAL ACCESS EASEMENTS AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local •overnment Code; and Whereas, two 15-foot perpetual access easements have previously been dedicated to the City of Southlake by the previous owner(s) of the affected property in the City of Southlake, Tarrant County, Texas Whereas, the City Council of the City of Southlake, after careful study and consideration, • has determined that the said 15-foot perpetual access easements recorded in Volume 9955, Page 334 and Volume 11784, Page 446 of the Deed Records of Tarrant County, Texas are not being used by, nor useful or convenient to the public in general; therefore, they constitute a public charge without a corresponding benefit, and the public would be better served and benefitted by their vacation and abandonment. The said 15-foot perpetual access easements are more specifically described on the attached exhibit: 5 F-2 • Exhibit A: Legal Description Exhibit B: Graphic Description Whereas, in order to remove any question as to the continued interest or ownership of the public in the said 15-foot perpetual access easements, the City desires to execute an Abandonment and Quitclaim of Access Easements Deed releasing all title, ownership and control in the said easements to the Timarron Land Corporation, Tarrant County, Texas and their heirs, and assigns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The 15-foot perpetual access easements, as described herein, are not being used by, nor •seful or convenient to the public in general. They constitute a public charge without a corresponding benefit, and the public would be better served and benefitted by their vacation and abandonment. Accordingly, the above described 15-foot perpetual access easements recorded in Volume 9955, Page 334 and Volume 11784, Page 446 of the Deed Records of Tarrant County, Texas are hereby vacated and abandoned as public property and such area so abandoned shall revert in fee simple to the Timarron Land Corporation. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to ' execute an Abandonment and Quitclaim of Access Easements deed releasing all claims to title, ownership, or control of the 15-foot perpetual access easements on behalf of the City of Southlake, Texas. A copy of said Abandonment and Quitclaim of Access Easements deed shall be •resented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. 5 F-3 S SECTION 3 This resolution shall be in full force and effect from and after its passage as provided by law. PASSED AND APPROVED ON THIS day of 1995. Mayor Attest: City Secretary • i 5 F-4 ABANDONMENT AND QUITCLAIM OF ACCESS EASEMENTS THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That the CITY OF SOUTHLAKE, TEXAS (CITY) and the TRINITY RIVER AUTHORITY OF TEXAS (AUTHORITY) have determined that certain portions of'two 15-foot-wide perpetual access easements, said easements being recorded in Volume 9955, Page 334 and Volume 11784, Page 446 of the Deed Records of Tarrant County, Texas, are not being used by, nor useful or convenient to the public in general; therefore, the easement portions constitute a public charge without a corresponding public benefit, and the public would be better served and benefitted by their vacation and abandonment. For and in consideration of the easement to be conveyed by separate instrument, the receipt and sufficiency of which is hereby acknowledged, the CITY and AUTHORITY do hereby bargain, sell, release, vacate, abandon, and forever quitclaim unto TIMARRON LAND CORPORATION and any and all of its successors and assigns, all of their rights, title and interest in and to those access easement portions described in Exhibits "A" and "B", attached hereto and made a part hereof. TO HAVE AND TO HOLD all of their rights, title and interest in and to the above-described access easement portions unto the said TIMARRON LAND CORPORATION, its successors 4and assigns, forever, so that neither CITY nor AUTHORITY or their successors and assigns hall have, claim or demand any rights or title to the abandoned access easement portions or appurtenances or any part thereof. Those remaining portions of said recorded easements not included in the abandonment descriptions described in Exhibits "A" and "B" shall remain in full force and effect. EXECUTED this day of , 1996. CITY OF SOUTHLAKE, TEXAS TRINITY RIVER AUTHORITY OF TEXAS BY: BY: GARY FICKES, Mayor DANNY F. VANCE, General Manager • 5F-5 • THE STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, on this day personally appeared GARY FICKES, MAYOR of THE CITY OF SOUTHLAKE, TEXAS, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therin expressed, in the capacity therein stated and as the act and deed of said city. Given under my hand and seal of office this day of , 1996. • Notary Public, State of Texas • THE STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, on this day personally appeared DANNY F. VANCE, General Manager of the Trinity River Authority of Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said agency. Given under my hand and seal of office this day of , 1996. Notary Public, State of Texas 5 F-6 SOLAKE.S-6 4/06/90 EXHIBIT 'A' 15' Permanent Access Easement Tract 2, Abstract 797 Tracts 1D, 2D, Abstract 482 • BEING a tract of land out of the Barnett & Hollingsworth Survey, Abstract 797, and the M. W. Davenport Survey, Abstract 432, Tarrant County, Texas, and being more particularly described by • metes and bounds as follows: The following is the description of the centerline of a permanent 15' wide access easement. • BEGINNING at a point in the Center of E. Continental Blvd.; (From which a 5/8" iron pin found for the southwest corner of a tract (6B) recorded in deed to Joe Wright according to V. 7303, P. 572, DRTCT, bears N80°05'19" E a distance of 146.50 feet); THENCE S13°36'48" E a distance of 279.30 feet to a point for a deflection; • THENCE S11°16'19" W a distance of 431.21 feet to a point for a deflection; THENCE S23°08'09" W a distance of 243.84 feet to a point for a deflection; THENCE S12°37'47" W a distance of 177.13 feet to a point for a deflection; THENCE S17°48'03" W a distance of 355.88 feet to a point for a deflection; THENCE SO4°55'16" W a distance of 248.35 feet to a point for a deflection; THENCE S03°04'42" E a distance of 439.16 feet to a point for a • deflection; THENCE S24°52'58" E a distance of 185.82 feet to a point for a deflection; THENCE-S02°03'41" W a distance of 94.89 feet to a point for a deflection; THENCE S45°56'25" E a distance of 439.61 feet to a point for a deflection; THENCE S85°51'31" E a distance of 417.69 feet to a point for a deflection; • THENCE S05°51'08" W a distance of 489.12 feet to a point for a deflection; • THENCE S02°30'59" E a distance of 172.39 feet to a point for the end of the herein described 15' wide access easement. This dedication excludes any area currently within dedicated City • R.O.W. 1111/ • 5 F-7 '12MO~I ✓Ut W/W IiT m I I I V 7303,P572 I ��Q re 68 rR s ;'4'"--�1 I , I 4 1 i IPO.e ' I A�e99_ �_- 1 1 __�_ 1 1 ( I -- A-Bw 4-797 -•••--coArri1V4'ri'177 J'—_., r- DL,D - -__ -- A-d9/ I 0 S 13°36`48"E-279.30' IR TR �ta u , I •t Ii .60 S 11°I6'19"W-431.21' _+�'i .\] ' 1 O I I5'PERMANENT I • •,. 1 J w 1 (ACCESS EASEMENT _- VQ�--. A _1_TR R -- d • ' „ 1 dB! S 23°08 09 W-243.84 ii. \ 1 " 1 I " S 12°37'471W-177.13' --�.- , 1 TR I �( II I 2' s 17°48'03"W-355.88' "/ Yro'um.BSMr. �'��TR / 2 0 1 S 04°55'16"W-248.35' `t ' , /� • \` 0 '? �SC4LE:•I`:400_ G ( / i \,11/40j'. I V..10E L.,WRIGHT /79 4� Pey S 03°04'42"E-439.16' m to S 24°52'58"E-I85,82' • / ' f/ re dr. t I ill . 302°03'41"W-94.89' i, 1 15'PERMANENT ACCESS EASEMENT INSIDE S46°56'251E-439.161' 20 PERMANENT 'el UTILITY EASEMENT I ` A-797 \ .-- --- t RI -- A-43! :- S85°61'31"E-417.69' ' '• 0 TR, ID TR I 41 1 1 SO5°51'08"W-489.12' '• TR IS 1 TR s ��( . CITY OF SOUTHLAKE J • 1 S 02°30'59"E-172.39 74...ts)• � • p1? /►-t • L__Vyy0�•CITY LIMIT UN .' • k` �, ! " V '` re !A!A VVVV TR 20 t J LPG �y� CITY OF COLLEYV/LLE ...."),.� , t1'' P re i • Arlington Surveying & Mapping I certify that this is a • Public Surve ors true and accurate ' y 'representation of this 04 1 1 EXHIBIT B I. survey as made on the 0 . ground and that there. f EnD1E • • L CBE'' >, 2O' ACCESS EASEMENT are no visual encroachments `tr.% .•• � T mea�arLy n ,\ except as shown. 9 2 3 4 6_ .q.r J 20II EAST LAMAR, SUITE 200 460-: 1-1- 7 , :r:�"�^ ARLINGTON , TEXAS T6006 METRO 265 5 F-g U 7 7 U b1A :4-41 ,-41.%1 . I, • EXHIBIT "A" Being a Portion of a 15' wide access easement out of the Barnett and Hollingsworth Survey, Abstract 797, and the M. W. Davenport Survey Abstract 434, situated in the City of Southlake, Tan-ant County, Texas, granted to the City of Southlake and the Trinity River Authority of Texas as recorded in Volume 11784, Page 446, Deed Records, Tarrant County, Texas (D.R.T.C.T.), and being 7.5 feet either side of the herein described centerline; BEGINNING at a point along the south line of Byron Nelson Parkway (a 60' wide right-of-way) said point being, North 88°57'21" West, 221.25 feet from a 5/8" capped iron rod found at the northwest corner of Lot 1, Block 20, Timarron Addition, Glendover, an addition to the City of Southlake as recorded in Cabinet A, Slide 1709, D.R.T.C.T.; THENCE along the centerline of the herein described easement as follows: South 01'302'39" West, a distance of 32.07 feet to the beginning of a curve to the left whose chord bears South 21°37'18" East; In a southeasterly direction along said curve to the left having a central angle of 45°19'54", a radius of 400.00 feet and an arc length of 316.47 feet to a point for corner; South 44°17'15" East, a distance of 50.00 feet to the beginning of a curve to the right whose chord bears South 15°44'28" East; • In a southwesterly direction along said curve to the right having a central angle of 57°05'33", a radius of 400.00 feet and an arc length of 398.58 feet to a point for corner; South 12°48'18" West, distance of 50.30 feet to the beginning of a curve to the left whose chord bears South 00°52'06" West; In a southeasterly direction along said curve to the left having a central angle of 23°52'24", a radius of 560.00 feet and an arc length of 233.33 feet to a point for corner; South 11°04'06" East, a distance of 69.75 feet to the beginning of a curve to the left whose chord bears South 04°07'52" East; In a southwesterly direction along said curve to the right having a central angle of 13°52'28", a radius of 2,005.00 feet and an arc length of 485.52 feet to a point for corner; South 61°16'46" East, a distance of 446.76 feet to a point for corner; South 49°52'15" West, a distance of 302.43 feet to a point for corner; • 95206001.S01 1 5 F-9 ri • • South 40°28'10" West, a distance of 536.55 feet to a point for corner; South 42°35'05" East, a distance of 325.49 feet to a point for corner; South 76°21'29" East, a distance of 297.36 feet to a point for corner; North 68°13'37" East, a distance of 529.18 feet to a point for corner; South 89°13'29" East, a distance of 59.36 feet to a point for corner, at the end of the herein described centerline; OF ® V 5 I • ��lap��Ib(�nt�*****yHJN�iM GAI � S. NGMFt0493 rWM rVeZ • / •• ler 95206001.S01 2 , 1 5 F-10 -c_i POINT OF BYRON NELSON PARKWAY (60' R.O.W.) BEGINNING r ea•srzl" w i < 8' 775 /8"C1RF S 01'02'39" W 32.07 1 1 D=45'19'54" \\ TIMARRON ADDITION R=400,00 \\ GLENDOVER '` L=316.48 S 44'17'15" E CAB. A, SLIDE 1709 LC=308.29 �: 50.00 P.R.T,C.T. CB=S 21"37'18" E \\ D=57°05'33" \\ • --- • R=400.00 11 L=398.58 LC=382.29 I, S 12'48'18" W CB=S 15'44'29" E 50.30 11 D=23'52'24" ,'; TIMARRON LAND CORP. II R=560.00 VOL. 9813, PG. 2375 I L=233.33 . - • D.R.T.C.T. II LC=231.65 . S I1'04'06" E „ CB=S00'52'06"W 69.75 15' ACCESS EASEMENT =' II 1.423 AC. „ D=13'52'28" \\ (TO BE ABANDONDED) . - R=2005.00 L=485.52 11 15' LC=484.33 -- - 1I" CB=S 04'07'52" E i--7.5' II it • S 61'16'46" E - 446.76 �� TIMARRON LAND CORP. VOL. 9813, PG. 2375 ' • S 49'52'15" W - 302.43 ,// D.R.T.C.T. • // // ,..: OF ,e„}^ // .�� ' !$ � T S 40°28'10" W j/ EXISTING ACCESS 536.55EASEMENT '�' ERG a /// VOL. 11784, PG. 446 D.R,T.C,T. �GARY�&V�� �fI // (TO REMAIN) • 7--\ ': Q>a .$9;.+'O(( S 89'13'29" E l�i'l1 E ,�` 59.36 il i �r ' 1Q''0/ \ \\ N 68'13'37" E /r i S 42°35'05" E - 325.49 \ 529.18 _ -� TIMARRON LAND CORP. / VOL. 9813, PG. 2375 ��_ - D.R.T.C.T. S 76"21'29" E297.36 EXHIBIT B 300 150 0 300 - 15' ACCESS EASEMENT .;AN 0 e; L,3 ABANDONMENT HOLLINGSWORTH & BARNETT SURVEY SCALE IN FEET f'T,ur N :i.'.1/9'' '�3 ABSTRACT NO. 797 DATE: 11/05 M.W. DAVENPORT SURVEY lir �~ i • SHEET S ABSTRACT NO. 432ALE: =300' CITY OF SOUTHLAKE CIS Carter::Burgess Consultants in Engineering,Architecture, DRAWN BY: DBH TARRANT COUNTY Planning and the Environment 2 OF 2 TEXAS CARTER & BURGESS, INC. 7950 ELMIBROOK DRIVE,SUITE 250 CHECKED BY: GSV DALLAS,TX 75247-4961 • F:\JOB\SLO\9520600 t\GRA\060EX001.DWG 5 F-11 r40_ , City of Southlake,Texas • MEMORANDUM April 10, 1996 TO: Curtis E. Hawk, City Manager FROM: Kate Barlow, Economic Development Coordinator SUBJECT: Support for The Aviation Coalition for Competition and Expanded Service Between the United States and Japan (ACCESS U.S.-Japan) GENERAL INFORMATION ACCESS U.S.-Japan is a coalition of U.S. businesses, civic leaders, labor groups and public officials urging the Clinton Administration to open talks with Japan on a new aviation agreement. The coalition is seeking expanded competition that would allow more passenger flights between more cities in the United States and Japan. A report prepared by Coopers & Lybrand L.L.P. estimates that opening this aviation market could reduce fares and generate more than $9 billion in new economic impact for the United States each year. The study also indicates that greater aviation competition would increase the level of service and induce more people to travel between the two Scountries. The North Texas Commission (NTC) has distributed a petition requesting area cities and chambers to offer support for ACCESS U.S.-Japan. NTC notes no financial obligation is required if support for ACCESS U.S.-Japan is given. Based on the relationship we are building with our Japanese Sister City, Southlake and Toyoma residents and businesses may benefit from increased U.S.-Japanese aviation competition. A complete copy of the request from the North Texas Commission is attached, including the petition. Dan S. Petty, NTC President, is aware that our earliest response date would come after the requested April 10 deadline due to City Council approval requirement. STAFF REQUEST Please place this item on the April 16, 1996, City Council agenda for Council consent. If additional information would be helpful, please contact me at your earliest convenience at extension 776. leAr KGB Attachments: Memo from Dan S. Petty, President, North Texas Commission S Petition Press Release Page two 11111 CESS U.S.-Japan Chairman Gerald Baliles, the former Governor of Virginia and Chairman of President linton's 1993 National Commission to Ensure a Strong Competitive Airline Industry, said it is time for a U.S.-Japan aviation market that corresponds to the economic relationship between the two countries. Baliles highlighted three major points at the event: • Expanded Air Service Will Boost U.S. Economy • Lack of Japan Links Limits Economic Growth in Major U.S. Cities • Adding Flights Means More Airline Revenue Baliles explained the organization's philosophy: ACCESS U.S.-Japan begins with the proposition that U.S. national interest is best served by expanding market access. It does not propose or support eliminating or reducing current levels of U.S. airline operations beyond Japan in order to capture these potential gains. Rather, it believes the best policy option for the United States (and for Japan as well) would be to expand air service on routes between the United States and Japan, while preserving beyond rights currently being exercised by U.S. carriers. "The purpose of transportation is to move people and products to destinations and markets. The system that is in place today to accomplish this objective in the U.S.-Japan market does not get the job done," Baliles said. "It restricts opportunity and choice. For countless businesses, scores of cities, and millions of 0 nsumers in both countries the current system imposes incredibly high costs." e study said that adding just three non-stop flights a day between the United States and Japan could produce more than 500,000 passengers and more than $500 million in airline revenues. It also found that increased competition would mean lower fares for U.S.-Japan travel and would generate new economic activity by inducing more people to make the trip. Under terms of the current aviation agreement, first negotiated in 1952, many major American hubs such as New York, Chicago, Atlanta, Dallas/Ft. Worth, and Newark have limited service to Japan. Other major cities, including Houston, Boston, Orlando, Cincinnati, St. Louis, Denver, and Las Vegas are excluded . entirely. Fares between the United States and other, more competitive, international destinations are far lower — typically by more than 50 percent— than fares to Tokyo. . Baliles was joined at the news conference by more than two dozen ACCESS U.S.-Japan members, including representatives of the American Society of Travel Agents, American Hotel & Motel Association, Greater Miami Convention and Visitors Bureau, New Jersey State Chamber of Commerce, Dallas/Ft. Worth International Airport, State of Nevada, City of Dallas, State of Missouri, and the National Consumers League. # # # S 6i -I AGREEMENT FOR COMMUNITY SERVICE 0 STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and Grapevine Relief and Community Exchange (G.R.A.C.E.), a nonprofit "relief' center operating in the Grapevine- Southlake-Colleyville area as an organization described in section 501(c)3 of the Internal Revenue Code, acting by and through its duly authorized Executive Director (hereinafter referred to as •.R.A.C.E.). WHEREAS, the purpose of G.R.A.C.E. is to centralize resources and to provide food, clothing, referral, and available financial assistance to the needy of the Grapevine-Southlake- Colleyville area, and others as referred by G.R.A.C.E. members; and WHEREAS, City and G.R.A.C.E. desire to . enter into an Agreement whereby G.R.A.C.E. will provide "relief" services to needy of the Southlake community and others as referred by City; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and G.R.A.C.E. do hereby covenant and agree as follows: S t-' SECTION 1 • SCOPE OF SERVICES The scope of Service shall include: 1. Short term emergency assistance for food and clothing needs. 2. Administration of direct aid as funding allows. 3. Screening for Direct Aid Utility Assistance. 4. Referrals to area agencies and organizations. 5. Distribution of furniture or other donated resources intended for emergency purposes as available. 6. Cooperation with local organizations to render additional aid in certain instances as this assistance is available, through either designated funding or seasonal programs. S SECTION 2 G.R.A.C.E.'S OPERATIONS 1. Hours of Operations shall be solely defined by G.R.A.C.E. 2. The City shall have the right to review the books and records kept incident to the services provided by G.R.A.C.E. to the City. SECTION 3 PAYMENT FOR SERVICES City agrees to pay to G.R.A.C.E. the sum of Seven Thousand Five Hundred ($7,500) Dollars in payment for services described in Section 1 hereinabove. SC:\oRDRES.AGR\GRACE96.AGR\kb\4o9-96 s-,-a • SECTION 4 IDTERM OF AGREEMENT The term of this agreement shall be for a period of one (1) year beginning October 1, 1995 and ending September 30, 1996. IN WITNESS WHEREOF the City and G.R.A.C.E. have executed this agreement as of this day of , 1996. Approved as to legal form and adequacy: • S Attorney at Law Mayor, City of Southlake Executive Director G.R.A.C.E. • C:\ORD-RES.AGR\GRACE-96.AGR\kb14-09-96 5- , - 3 \7 ®° . City of Southlake,Texas MEMORANDUM. April 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: Ordinance No. 480-194,Second Reading ZA 96-21,Rezoning and Concept Plan/Fox Hollow REQUESTED ACTION: Rezoning and Concept Plan for Lot 9,Block 1,Fox Hollow,being legally described as a portion of Lot 3R1,Block 1,Crumbaker Addition as shown on the plat recorded in Cabinet A, Slide 807,Plat Records Tarrant County, Texas, and being approximately 1.146 acres situated in T.M. Hood Survey,Abstract No. 706 LOCATION: South of Northwest Parkway West(S.H. 114), approximately 2600' south of the intersection of Shady Oaks Dr. and W. Dove St. and approximately 1000' east of Shady Oaks Dr. WNER: W. H. Crumbaker APPLICANT: Pima Properties,Inc. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "0-1" Office District LAND USE CATEGORY: Mixed Use CORRIDOR DESIGNATION: Office Commercial NO. NOTICES SENT: Three(3) RESPONSES: No written respones received. P &Z ACTION: March 21, 1996;Approved(5-0) subject to Plan Review Summary No. 1 dated March 15, 1996,amended as follows: 1) amending item #2 (bufferyards and planting calculations) to grant Staff the ability to review the plantings in the bufferyard at the time of irrigation review. 7A-1 MEMORANDUM CURTIS E. HAWK SRD. NO. 480-194, SECOND READING PRIL 12, 1996 PAGE 2 COUNCIL ACTION: April 2, 1996; Approved (4-0) First Reading, subject to Plan Review Summary No. 1 dated March 29, 1996, amended as follows: 1) waiving public/private street for access in item#3 (site does not abut a public private street). STAFF COMMENTS: The Applicant has met all the review comments of the Plan Review Summary No. 1 dated March 15, 1996 with the exception of the items addressed in the Plan Review Summary No. 2 dated March 29, 1996. KPG/ls G:\W PF\MEMO196CASES\96-021 ZC.WPD • • 7A-2 f II — ,D — _ q — r— — I3A3A ! . is .�� �Qr 1 ! —.�5 IC i ` `.. i S F 51 i{.. -yyY� ,'l- 3A2 3C JOI! \�" - .. , • f i IC 7A1 , I -J I� `lt __. , I14 4.9k 5.14k 2873k 24.76 Ac _'�'-"�5.1 1E2 10�3 • WO TIMORMIPIIIIII4 . , .• 2 1C2 IC 1 �1YV. 11V11 BVA 1BB881BIA 181A J ^IIVUIS1 sr Y.A-I113 G I 9 IIIV-..-• G,t/ gD----- tE oo ' I1 ��// amp 11 y��Yf1Y�W. ,b91 182 SURVEY A-7104A IBIC �i, } I "1"'."' 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I16niii �S 8A 0A16 E. eA8M m 1194 ! 1ii 162�_� fA�E 11C Err llE © 2Iii�i` : Y ..; ! w—I • � MA� Q�H L 5 k �"_� ! _ 8.3 eStA 5 c ...69 r �: -I-4-i-- __ t' eats I A / ?nil': I I � n ®� 8818 i ! i 1 ta, re' ; uc2 I uca l Iux I tlr I m I i ! ! ! i S *,' I i !. , �ij ,! t1D (. i O•3 1 ! i 1 ! i ! �' Comm wizt 11 1 ! I 1 i + 15.. I ~ • • Ps 7A-3 s 2CIq ' 2C1 : '- TRACT MAP \ i ; z ;. ' • ?' i i i �t /� }}-�� ��gg ..f i i i"i i i 1— li I y ° I-1��—aY M. '-� ; .`' i \y. -•-.rj i i i,Y t .L ,L.y+�.T•��. I M 11 :1._ ._.._—_— I 1 .U U @ I . \ \ 1 Spin #11 Representative Gary Fawks II0 06A . ._.. nAG rr 1 .00 @ I • 7 . • C. Shivers • - oN 6 EY ' Q • ' I� TR 1A1 O �/, ,i) 0 1� A V AA2ao 24.925 ACA 1 6 suit rr rr J "AG" �, C. Crumbaker �,. R 3R1. 3:2 � '. W. Crumbaker B A K5::::1 TR 6F 1 .50 AC U B99$ s . "AG" N T. Glasser 2 1:1..v 1. TH 6F �\ 4. 1 @ 4 '• 9 • \1 3 . A 'lid, i • y ArY Ou ' ,. FIAVFNAUX ' tl _ \Jr Au<_,C • 63 AC 'I} ADJACENT OWNERS Z 4 e AND ZONING Q a li ?I 1 TH 2E b„ ''' nI' t clq AC: $ I / � I • •••••••••••••--••-''''••••''••''•-•'•''•' \ , .. _ •. .. " � ' \\ , ........................................:.:............................................................................................................................................... .•. II \ \ - _.; .\\\ct' .---97 '---. - \ _ . . ••••••••••••••••••••••••••••••••••••••••••••••• ••-•••••-••-•••--•••••• 1, .. .--;-7.-.7.---. - - - ' •`,,, \\(__—__:: 1111 ► '______iipr :: .... :. .i�iil�■Y�I.■ u� _ 1.::::::-:•::::•:•:•:•::; •:::' ---- idd ......................... ..... ........... ■ w tam 1 ::'::**: i� J 1f I u ac IN FEET GRAPHIC scup LEGEND SOUTHLAKE CIT Y LIMIT T 100 YEAR •FLOOD PLAIN _ _ CORP OF ENGINEERS BOUNDARY•:- • • :: • : . . f' PUBLIC PARKS /.'OP.EN SPACE + + + + + _ •:+ + + + :j::: :: :::: /I PUBLIC SEMI—PUBLIC• + + + _.+ :: • Y1' DENSITY RESIDENTIAL MU + + + ■■■ ,EEDIUM DENSITY RESIDENTIAL `_.,4 `1-:�. 1 •• isms "•- "' " Nuso MIXED USE f_v_v_v_v_I TTTTITTC TT?TAT : 1::::::::.:::,: :: LAND USE PLAN :..:.::.:..::.:.:.:: CITY OF SOUTHLAKE, TEXAS • ORDINANCE NO. 480-194 • ORDINANCE AMENDING ORDINANC • NO. 480, AS AMENDED,THE COMPREHENSIVE ZONIN 'ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; G - TING A ZONING CHANGE ON A CERTAIN TRACT O' TRACTS OF LAND WITHIN THE CITY OF SOUT AKE, TEXAS BEING LEGALLY DESCRIBED AS A PO'.TION OF LOT 3R1, BLOCK 1, CRUMBAKER ADDITION • S SHOWN ON THE PLAT RECORDED IN CABINET • SLIDE 807, PLAT RECORDS TARRANT COUNTY,TE • AND BEING APPROXIMATELY 1.146 ACRES SITUATED I T.M. HOOD SURVEY,ABSTRACT NO.706,AND MORE F LY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FRO "AG" AGRICULTURAL DISTRICT TO "0-1" OFFICE D RICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING I OFFICIAL ZONING MAP; PRESERVING ALL OTHER ORTIONS OF THE ZONING ORDINANCE; DETE' I P G THAT THE PUBLIC INTEREST,MORALS AND GENERAL ' LFARE DEMAND THE ZONING CHANGES AND AMEND "ENTS HEREIN MADE; PROVIDING THAT THIS • ORDIN•NCE SHALL BE CUMULATIVE OF ALL ORD ,1 ANCES; PROVIDING A SEVERABILITY CLAUSE; PR• IDING FOR A PENALTY FOR VIOLATIONS HEREOF; P •VIDING A SAVINGS CLAUSE; PROVIDING FOR P BLICATION IN THE OFFICIAL NEWSPAPER; AND 'ROVIDING AN EFFECTIVE DATE. W REAS, the City of Sou ti . , is a home rule City acting under i : Charter adopted by the electorate pursuant to Article XI, Secho exas Constitu '• • d Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person • or corporation having a proprietary interest in said property; and G:\ORD\CASES\480-194.WPD 7A-6 Page 1 • WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does fmd that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly • requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does fmd that the changes in zoning lessen the congestion in the streets, helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas,has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: S Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, G:\ORD\CASES\480-194.WPD 7A-7 Page 2 Sis hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 1.146 acre tract of land being legally described as a portion of Lot 3R1, Block 1, Crumbaker Addition as shown on the plat recorded in Cabinet A, Slide 807, Plat Records Tarrant County, Texas, situated in T.M. Hood Survey, Abstract No. 706, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "0-1" Office District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". 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\CASES\480-194.WPD 7A-8 Page 3 • violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not,under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance,as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect 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 , 1996. S MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR S .. G:\ORD\CASES\480-194.WPD 7A-9 Page 4 ATTEST: • CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: • G:\ORD\CASES\480-194.WPD 7A-10 Page 5 EXHIBIT "A" • PROPERTY DESCRIPTION ZONING REQUEST- 01 FOX HOLLOW All of that certain tract or parcel of land situated in the city of Southlake, Tarrant County, Texas and being a portion of Lot 3R1,Block 1, CRUMBAKER ADDITION to the city of Southlake, Tarrant County,Texas as recorded in Cabinet A, Slide 807,Plat Records, Tarrant County,Texas and being more particularly described by metes and bounds as follows: BEGINNING at a/2 inch steel rod found for the Northeast corner of said Lot 3R1 and being the Northwest corner of Lot 3R2,Block 1 of said addition, said point being in a curve to the left through a central angle of 05 degrees 34 minutes 24 seconds and a radius of 2,501.80 feet-, THENCE southeasterly with the common line of said Lots 3R1 and 3R2 and with said curve to the left a total arc distance of 243.36 feet to a 1/2 inch capped steel rod at the most easterly southeast corner of said Lot 3R1; THENCE North 89 degrees 04 minutes 00 seconds West:with a boundary line of said Lot 3R1, 55.60 feet to a 5/S inch steel rod found for the inner corner of said lot; STHENCE South 00 degrees 09 minutes 00 seconds East with an easterly boundary line of said Lot 3R1, 111.70 feet to a point for corner; THENCE North 70 degrees 08 minutes 56 seconds West,224.84 feet to a point being on a curve to the left through a central angle of 21 degrees 47 minutes 53 seconds and a radius of 55.00 feet, • THENCE northwesterly with said curve to the left a total arc distance of 20.92 feet to a point for corner; THENCE North 00 degrees 52 minutes 00 seconds East, 199.17 feet to a point in the North boundary line of said Lot 3R1; THENCE South 89 degrees 08 minutes 00 seconds East 111.69 feet to the place of beginning and containing 1.146 acres of land. • S .. G:\ORD\CASES\480-194.WPD 7A-11 Page 6 NO•AeuemAe re) 1 " e .......,......... ..,..., , 4.41 hi • tA' 6 REQUIRED BUFFER YARDS •+11 \ ,, •IA *AU 1.. Chi, AC o.1 sow. • \ r ewe,,` • s?, • ,m• wet an n.n ¢t r.•rw�\\` ., vF,. .� • „,, ...... POCH r • I 2 0 O lh n,.N. ...•• -—.... I�r.wl r. Nei It: 1 e : .{�. ='\— i I_.r... �I '� r.e.e • , e 1. --_. --=�7- I _- >_mao ul�s.w+T.nT- _- _.. -. nlnf" • dWI n•D / 1 _f•.fl.— \ \\C'` ,••_ �/ LOCATION ICAO CO. IPA if II : It is ' , nr t • /A • \ ' rwa a A : 11 a I / \ f,? CO �y't• ya , EXISTING ZONING - AC .p e , 1 I1.1 ‘ ; ;`7 - EXISTING LAND HD:EDUSE USE RESIDENTIAL"• • .9. Oi' t v\ ,• �� %AO"tlmDl"e PROPOSED ZONING - 01 ACN. Ma t % 4\\\`• TOTAL PARKING SPACES 23 �ro-1 1O"�� 1 1E ` • ` \\':, I TOTAL LANDSCAPING . 20.146 S.F. y POOP.TONING•MIA I 7 2..1. •e\J 111 _ �\ 4f,C Le.� . a 4. e 1 0 j$, . �`LI ./, Uo•A%MO UM �� ! �•}l /,.aw. M 1 l•• /, AO 1 x • fo4 MOP.110ND10 tft0A 1 I Mph 1.•,I I.•A' 11.-11.�..WEI I� a HI CONCEPT PUN E. LOT 9, BLOCK 1 CC N WILBUR HENRY ORUMBAKER 1Axo USE DATA FOX HOLLOW - A RLYriTOR TO TOTAL I+wl•Mn u14 .IC, , LOT 3RI, BLOCK ONE 1•10•170 11:24 RIMA PROPERTIES (AMENDED PLAT) w••ev..1w M a r••e el M....N w h Mr N I...M?ma hal.rw...e,aR a h.11w N MT"ROM L R••..:eta.0.v1 °A� I u 1.1 CRIIMBAKER ADDITION MhaoCA ACOItle M h e.,N eh•...r•.sl Ch..Irw•e mph.w ChM A.Oh MI.Awl III....1M.1 R ISI Irk he Caw..11w N Ihq oh,w\.•.,wrM.er Owlet M•...e a M.rt 1.1.,R..w, AN ADDITION f0 wO mow•In M or we I*r h No. *••••Nona NI NIrw,h.••..•a tow.rI.>'.R11•••1 •w wI+,.M,1Iwerwrl.Mwy.lwwlwpr.lr.etn•M.I.en*we•who/y¢IIM THE CITY OF SOUl'HLAKEn—Inn n-w�.a.ha,rw h re•ww er a•rp�1`)11 0 MI w...a w..a Y M I.R a 4.4.11.oohs a!,All �w"^T"""' 0EYZL0P1( T EC>aDVit TARRANT COUNTY, TEXAS C i:;1: M M.IA M ION moo I,.Mahal MC •1 u.•.w hen,s•awo m..N IW w rn. J,i LBVITT 7TNIh 1.n.lae AS RECORDED M t••1•_.�':•: R2' INEsEPCS,INS. CC.gIIn•AAr.1II/ r fah, Irw CI*oh M haw w wow he.Nw•mho,ne N w W MI.ClM M1 M•I I M o•o w. ypOlmp 7LW= WINE A.lint 1107 ., n r h hi,haw N wM M .,.. 01R111AI.NOTES PUT RECORDS,TARRAM COURTT,ELCIE (i I.L e, Il "'"'••r.1•i 00 e..n.n OS.....le.CO wh••Cs.•..h h C..141,homey the•I oh 1.1 MI.III.le hi '���e� O ha w 1."1.MAO nu c IMMO. T.H. HOOD SURVEY 7 I . eaa.c Cool hal 1..A)j!Iwr w I a Iw a ABSTRACT NO.706 I' nwa hha H eTw.M M•.IN el•Nh.•1w•1 2:.N 1••t 1•e 1•.a•e..--I•--,Iw••I. • , IN0 w•Y.1 w•ICa�,(I��k 1■u 11.. '••• ••wrt h�.N 11 e•(.M•l ouetlN U s•h.M•a.4•N l�.00 Mtl i�pcmon..h,as PRESENT E0R1R0.AC L•'••�+•`I•`•/'L.• ..: hha.hl.•wl•1,ha woe ono a ea MN I INe w e•Ih..41 let/l hel n e owl M wwrl '' Oomph • 1AID•NDSD OTT •, ,• - n...•oh Ash.II hhla a w....e E•.1 MIA/M1 1••••e.l ew h A.a.I.wINr R.of. lot Y11I 1AVlo O.MOAK SURVEYORS.INC. CXISiV/0 UEE-R7�mtNTIAL h.....a n amt.mom PROPOSED 20RM0 01 •q•w..•,..et.sow./M III MI I.••rr,.Bohm.M h.,MP••w M oh M a let. L O.MU I1• 1a. 1.146 ACRES z I LOT �� 26 FEBRUARY 1606 to City of South lake,Texas CONCEPT PLAN REVIEW SUMMARY "lase No: ZA 96 -21 Review No: Two Date of Review: 3/29/96 Project Name: Concept Plan for"0-1" Zoning-Lot 9,Block 1,Fox Hollow,being a revision of Lot 3R1, . Block 1, Crumbaker Addition,.1.146 Acres,T.M. Hood Survey Abst. No. 706 APPLICANT: ENGINEER: Pima Properties J.E. Levitt Engineers,Inc. 5215 N. O'Conner, Suite 200 726 Commerce Street, Suite 104 Irving, Texas 75035 Southlake, Texas 76092 Phone: (817) 329-6996 Phone: (817) 488-3313 Fax: Fax: (817) 329-0407 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/22/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. ??.:':::,:.::.:::?.,::}::viY:r.:::?6•ri:•.yY.:;:?•. ?,.%.}i}i:;•i>'•?:;r.i:;;•i;•;•;•;.�:.:::. r,.Y?.:•%:-::,:;::,.:.::::::w•::::::?:: :..??{rr..iiC••.::?•i::•., .:.Y:::?.i:.i:?4}Y.i:.i:.i:•y:?•;�'.4+:?????.ii}.........r\1f:^:^:::::::i....u............t..:..x.:.n..fi.xh+i..n.:.+l.•::•�4n:m..r.::..........:.............:.::::::8i:?•isi??•\4::W::?�.v::???4::�:::::??4:...........•.....n...r/n r..:..........r.Jl.•::•.�::.•.•.v::n:::h::................:...........x.......... 1. Delete "Lot 5" from the heading of the bufferyard calculation chart. 2. The 4th and 5th calls of the written metes and bounds description and the lot area in the title and legal description does not match the graphic labels. Correct the discrepancies. This site does not abut a public or private street. The Subdivision Ordinance No. 483, Section 8.01.A requires that all lots abut on a public or private street. The applicant has stated in Note No. 3 that access onto S.H. 114 will be provided through an ingress and egress easement until the time at which • S.H. 114 is expanded and has stated in Note No. 2 there will be no access from this site onto the proposed residential street "Fox Glen". Please note that the Driveway Ordinance No.634 would prohibit commercial driveway access onto a"residential" local street unless no other access exists. * Although no review of required parking or interior landscape is provided at the Concept Plan level, staff strongly recommends that the lot be evaluated for compliance with the off-street parking requirements per Ord.480, Section 35,and the interior landscape area requirements per the Landscape Ordinance No. 544 prior to preparation of any site plans.The applicant should be aware that all areas intended for vehicular use must be of an all weather surface material in accordance with the Zoning Ordinance and all fire lanes must be per the City Fire Department. * Building articulation requirements will not be reviewed at the Concept Plan level. This issue will be addressed upon review of the Site Plan. Please note that vertical and horizontal building articulation meeting the requirements of Ordinance 480, Section 43.9.c.1(c), Corridor Overlay Zone Regulations, will be required. 7A-13 _- City of Southlake,Texas * The applicant should be aware that prior to issuance of a building permit, a plat must be submitted for approval and filed in the County Plat Records, a site plan, landscape plan, and irrigation plan along with the building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. . * The applicant should be aware that any revisions made prior to the next scheduled meeting must be received at,the City by 5:00 PM on 4/08/96. If not received by that time,no review will be prepared ' until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and include an 11"x 17"revised reduction. • • S • • , * Denotes Informational Comment cc: Pima Properties J.E. Levitt Engineers, Inc. 0 W.H. Crumbaker,Rt. 1,Box 72, Roanoke, Texas 76262 • 7A-14 • •7V AO uo•WMMN ® /01 [ •rA.r N11 .•«e••,..•... nOtaoe 9 •LOT 5 REQUIRED BUFFER YARDS •, •\\ .p 1N. .....--.,\‘ .,, , • .•4 ^Y11 II•IM•1 nm na.l NN.Af `�•• \\ •, Poi•, _r •/i IA DI Ism 4 we f1• I I • 16 ll• -•1•/l.- -? 'r•"\ \\ ;,, ss �f IOCAigN■AI m oes r 1 I s L'AIIA.ly' P.O., • II I 17 11 • =In v It h I 11 11 1 ' \ �. •ovs n I I �`. �a ' us.n EXISTING ZONING - AC \ ••"r� "^ EXISTING LAND USE - RESIDENTIAL •• I ,-I �II L \\\ a MIXED USE «./. ...n tit .: t v \ ��\ \• Po•I°m°1e PROPOSED ZONING - 01 �_AAGm I j •LON /• *e\\ \�,016 Mud, TOTAL PARKING SPACES « 23 FAO.ZONING.ST2OA r- >\1 \,\\ TOTAL LANDSCAPING 20.148 S.F. • • jli '`•� A 10 `LI ., uo.Alum LOG II /y«m, .....0.. I /4 AG I o PROP.10NI00.� •• I I 7/104 a . Lti CONCEPT PLAN anon E" LOT FOX HOLLOW 1 WILBUR HNr•.�CRUMBAKER IAND USL DATA FOX HOLLO 11 ••..l vow YNI . _ TS ,y A RESISTOR TO M../MN IM. ND rnr.l1 LOT 3R1, BLOCK ONE n'•'1R �'0 'fl' PIMA PROP•errnea - (AMENDED PIAT) .•.1•M••••Y••.•.0 It 1••01r.l MIN Iwo•I•+•A h-•N•••••«A1N M MT In.11aa1 I. ,.10116.01. �,.,MO 011E ' Cl '•' CRUMBAXER ADDITION MM*.1 A ansol.NonN7.7.M N ON,o M1•••.r..I,4.1A I.««•«.M 11 1«M A.Y Mt.N.1 As*.4.1 .•K•11Aa 1.••1.,.•.A.1...,,......01 Me..as.1....«.•... 1.1..N1 AN ADOPTION f9 s 0wi1 ei•1/1 M nos M+••I r..•A.•.•«•«..N•..u MI M 1o•r M IM••M1•••.•r u MS.1 THE CITY OF SOUTHLAKE •-.� n�: r••..,•«,......,-•M Y I.M I.-,..«•N-,,o...,•..N.1.1.•>r•N•I.A.R.. A.r Iaw..r./,1.«� Dfl'LLOPI1SNt SERUMS ?ARRANT COUNTY, TEXAS ^ r e•..«•rN..1«,.w ti••.•.�...•o••.Lw•'��1111 M III N•,e.I•AI•••r Y M M•1..1 w M.•«M f•SI1 AlRECORDED 1N r (• MIN•IA M••.1••NN r•I•1.M••.OM M.rNC •l N..•.•1••.MI .•NM a•..•1 •Y 41 NIt1 J.R LMTT ' �µ�Mn• I !.-,.L.—I.' 0.•...••.N II•1.N••.M•wl«M•r«641 N••$ .r o••I 44 I I MI.MN Y.1 Is I I/I I......••. ROINGOPENCS I • p INC. (�••• ,-.y PI,N••N...n..t«N-r CgamO • nANna1 000I,COIN'S A. I4T c 107 t J L OtMR4I•NOTES PUT RECORDS,?ARRANT COUNT?.TLUS I i C�E 11 sr....fwM N•N«•M 46414 M ww..tail*NA«C«1.1.•..•.,h..1«Y 41 eel.111.711 141 1.A1 WU ORS■NaOMMOL ••I..1 I.•.•. IN«o•1nR1 1♦N M T.M. ROOD SURVEY i! sw«.•C Rut NAl Lr1/DIM MX M 1•M 1A n.««N,.1/,„••t S.a,,.1.•1«M •.N..f1..1•Yy 1.. wl I.N1 M•..rw 1.1.•Yn w••f1 • ' nt N.INI LAOa II I w fA n•w ABSTRACT N0.T06 I .. • •.«tN np•r a•.,.•«•7.w1••ii«...•..•../.n..•r 1�.0o I«0 lmon 1A 1•K ?REM SONIN6.AO L�...:1•:i L,•1'•• IA...A.N••.1o1,••I•.••I M Y M MR.411.••.1..••11111 MI 1••MG M..•A.1 - 1i1.1/•'•' N [AtTTNO USE I�IDLi CNTUL N•.••.N•.1A 01 farm 11 6,1414 SO yw••C41 l.f.t7 I«I t••prow 1.,sort es.....,•., •M 1N ly}111 OAVIO Cs.MOAK SURVEYORS,INC, ,`1oM•.1n•r1 PROPOSED 20NDi0-O1 Zo f- s •II M•.•4••Mw N Y r1•• ••1•A 111.•I 41 ••/•.•01.•+.y..•.•..I.I....•A•«....Yw ,•,1.. 1.146 ACRES ZA y(P' o 1 LOT - 20 FEBRUARY 1906 City of Southlake,Texas MEMORANDUM • April 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: Ordinance. No. 480-195, Second Reading ZA 96-22,Rezoning and Concept Plan/Fox Hollow REQUESTED ACTION: Rezoning and.Concept Plan for Fox Hollow, (less Block 1, Lot 9) being legally described as a portion of Lot 3R1, Block 1, Crumbaker Addition as shown on the plat recorded in Cabinet A, Slide 807, Plat Records Tarrant County, Texas, and being approximately 13.233 acres situated in T.M. Hood Survey, Abstract No. 706 This request proposing 18 residential lots. LOCATION: On the east side of Shady Oaks Dr., approximately 2,600' south of the • intersection of W. Dove St. and Shady Oaks Dr. OWNER: W. H. Crumbaker APPLICANT: Pima Properties, Inc. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Nineteen(19) RESPONSES: Three (3) written responses received within the 200' notification area: • Robin Jones, 510 Ravenaux, Southlake, Texas 76092,concerned with the existing equestrian trail system slowly vanishing due to rapid development. (See attached letters dated March 13, 1996 and June 9, 1994.) • Thomas E. Watson (Countryside Bible Church), 250 Ravenaux, Southlake, Texas 76092, in favor. • Von D. Tucker, 1530 Ravenaux Court, opposed, "Negative impact to property values and quality of life." 7B-1 MEMORANDUM .RTIS E. HAWK D. NO. 480-195, SECOND READING APRIL 12, 1996 PAGE 2 Southlake, Texas 76092, concerned with the trash on and around the existing trail. (See attached letter dated March 14, 1996.) P &Z ACTION: March 21, 1996; Approved (5-0) subject to Plan Review Summary No. 1 dated March 15, 1996, amended as follows: 1) forgiving item#4C(the minimum lot depth requirement of 125' for Lot 1) 2) forgiving item#7 (Lot 9 does not abut a public or private street.) 3) requiring the developer to provide a 10 ft. wide equestrian/pedestrian easement along the south property line from Lots 10-16 and a portion of Lot 17 that will be dedicated to the City. COUNCIL ACTION: April 2, 1996; Approved (4-0) First Reading, subject to Plan Review Summary No. 1 dated March 29, 1996, amended as follows: 1) forgiving item #1 (Lot 1 does not meet the minimum lot depth requirement of 125 ft.) SAFF COMMENTS: The Applicant has met all the review comments of the Plan Review Summary No. 1 dated March 15, 1996,with the exception of the items addressed in the Plan Review Summary No. 2 dated March 29,,1996. KPG/ls G:\WPF\MEMO\96CASES\96-022ZC.WPD • • 7B-2 . 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Eiland ;›,...- - \J. 24.925 AC A 1=7 LI- 7- SUF 2.- -Am.` -• — -- "C-2" A —:. • . N1,01 . i-bi : . ....-- • - • . , - - -,, - cf C. Crumbaker N "AGI, - - . 3R2 ______--- . F, • , .- t•S.". . . -- ' . .. • 5. •• , ... ,f, . .• . B. Goodman ',..,, . . . ' • k P ,--i ' - • 4' 0 / 7' TH' 6F1 . __JW ___.--------- • f 4 i ' . "AG" , 1 •. _. . . \----. _.. . . _ J. Davis . N, • 7.,, • / •J ' \ ' c ' \.. ,... \ \ M. Jones 03 E V. Tucker \N-:, \ c \ _.... .c L. Young , , 0 \ c..) • -. 0 , . . - -- . . as3 . co 40, n II R. Hinman 1 J. Nanson 1 -o 1= "SF-1A d - "SF-1A 1,14 1 = 10 A -----(1 P. Wilson fl, 7. I F. Newbu \Tji A fri - -- , - • "SF-TA" „, ....,. AU)( CS . RAVENAUX . Ve: • A.6 . x . D ...__ __ I\ '3 R. Maness 4 .-_-_------------ \ cr 7 - Z 11 Countryside Bible Church 2 3 ------, .._ Spin #11 Representative • ' ADJACENT OWNERS . . t • .. . . Gary Fawks ,10.'' ------.7s7;\,,,, AC AND ZONING \.!I I . . .., ..,,‘ • -_ - - City of Southlake,Texas MEMORANDUM • April 10, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Second Reading, Ordinance No. 480-U (Draft No. 4) During First Reading of Ordinance No. 480-U,the City Council recommended two revisions to the ordinance. The first recommendation was regarding the bufferyards in zero lot line developments. Specifically,the Council wanted to ensure that the open space and plantings were maintained when this method of construction was utilized. I have provided language in Sections 2 - 5 which address this concern. Secondly, the Council asked that additional research be provided regarding the typical height of freestanding flag poles and the possible conflict that the height exception (Section 33.5a)presented in Section 9 might have with the Sign Ordinance No. 506A. You will note that there is no conflict with the sign ordinance. Following are the three (3)references to flags within the Sign Ordinance: le "Article I Section 1.A- Definitions: SIGN: Every sign, name, number, identification, description, and announcement, declaration,demonstration,device,display,flag, banner,pennant, illustration, logo, balloon, streamer,valance, advertising display,poster,beacon, light or insignia, and structure supporting any of the same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a piece of land, which directs attention to any object, project, service, place, activity, person, institution, organization, or business. SIGN,BANNER: A temporary flag, cloth, flexible plastic or canvas material Article VI - Exemptions and Special Conditions, Section 23 -Exempt Signs 3. Government signs and signs for non-profit organizations sponsored by government including flags,insignia,legal notices,informational,directional and traffic signs." In response to whether a fifty-foot(50')freestanding flag pole is an excessive height, three flag pole companies were surveyed and responded in the following manner: ill 7C-1 For general businesses, banks, and post offices: ® 1 storybuilding - u g 20 25 feet 2-3 stories 40 feet Apartment complexes 18 feet (Source: In The Wind- 817-267-2069) Most common for businesses 25-30 feet Height depends if flag is to be seen above the roofline (Source: Concord Industries - 214-380-8186) Most common for businesses 8-10 feet (Source: AAA Manufacturing& Supply Company Of America- 800-800-4808) It appears by these responses that the proposed 50'height may be excessive and perhaps the current policy of permitting freestanding flag poles to be constructed to a height not exceeding thirty-five feet(35')may be more in line with the "real world." Note that I have made no changes to Section 9a,but will do so after further discussions with the City Council on Tuesday. I did delete fire towers from Section 9b as suggested by Councilmember Muller. Should you have questions regarding any of the above, please call me at extension 743. KPG S 7C-2 1111 ORDINANCE NO. 480-U ORDINANCE AMENDING ORDINANCE NO.480,AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING CERTAIN SIDE YARD REGULATIONS TO ALLOW FOR ZERO LOT LINE CONSTRUCTION; CORRECTING CONFLICTING SECTIONS WITHIN THE ZONING ORDINANCE; PROHIBITING SPLIT ZONED LOTS; REVISING EXCEPTIONS TO THE HEIGHT REGULATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE • WHEREAS,the City of Southlake,Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS,the city has adopted Ordinance No.480, as amended,as the Zoning Ordinance for the city; and WHEREAS,the city council has determined that it is appropriate and in the best interests of the city to amend Ordinance No. 480 as provided herein; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: • f:\files\slake\ordinanc\480-U Page 1 7C-3 , , SSECTION 1. Section 4, "Definitions", of Ordinance No. 480, as amended, is hereby amended by adding the following definitions thereto: "LOT LINE. ZERO -A side lot line of a lot on which a structure or structures may be permitted to be constructed directly on a lot line;therefore, creating a side yard in which the width is zero. PARTY WALL - A common shared wall or abutting walls between two separate structures, buildings or dwelling units." SECTION 2. Sections 8.5c, 18.5c, 20.5c, 21.5c, 22.5c, 23.5c, 24.5c, 25.5c, 26.5c, 27.5c and 28.5c of Ordinance No. 480, as amended, are hereby amended by adding the following language to the existing side yard regulations therein: "Zero lot line development may be permitted on a common interior lot line where S construction of a party wall is used and when approved by the City Council after a recommendation by the Planning and Zoning Commission. Where zero;lot development i$utilized,:the'equivalent open space and:plantings(normally-provided n-;;adjoining-bufferyards along the common kit line):shall be pr"ovid`edelsewherd within the two developing lots A concept plan meeting the requirements of Section 41 of this ordinance is required to be submitted with a request for zero lot line development. Approval shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the construction with adjacent land uses." SECTION 3. Section 30.5 of Ordinance No. 480, as amended, is hereby amended by revising the first paragraph thereof to read as follows: "30.5 DEVELOPMENT REGULATIONS -The height, setback, area,floor space, and other development regulations for permissible uses in a PUD district shall conform to the development regulations which would be applicable to such uses if the same were situated in the most restrictive district in which such uses are permitted. Zero lot line development may be permitted for non-residential uses on 0 f:\files\slake\ordinanc\480-U Page 2 7C-4 • a common interior lot line where construction of a party wall is used. ;Where'zero' lot development.is utilized, the. equivalent.open space and plantings (normally Provided.in adjoining bufferyards:alongu the:'commonjot line) shall::be provided elsewhere withiiillie,two developing lots. In addition,the City Council may approve more flexible development standards if other design features provide adequate protection to surrounding and adjacent properties. For any residential PUD, the maximum density permitted shall be equal to the maximum density permitted under the least restrictive single family zoning district at the time the PUD is granted. In any residential PUD, all buildings and structures shall have a maximum lot coverage not exceeding thirty percent(30%) of the lot area, except the sum total of accessory buildings shall not exceed six hundred(600) square feet." SECTION 4. Section 31.5 of Ordinance No. 480, as amended, is hereby amended by adding a new paragraph e thereto to read as follows: "e. Zero lot line development may be permitted on a common interior lot line where construction of a party wall is used. Where zero_lot development is utilized; the.equivalent.open space,and;plantings:(nornially provided in adjoining bufferyards aloe the common ) p idelsewhere' l � :two developing g T...„_ „ iodine)�shall be= rovided elsewhere within the S lots._:The approval shall be based upon an analysis of the location,the configuration, and the impact and compatibility of the construction with adjacent land uses." SECTION 5. Section 32.6 of Ordinance No. 480, as amended, is hereby amended by adding a new paragraph d thereto to read as follows: "d. Zero lot line development may be permitted on a common interior lot line where construction of a party wall is used. Where":zero lotTdevelopment is:utilizedl the'equivalent open space.and plananti igs(norniallyprovide&uiadjpining bufferyards alongthe common.lot dine);,shall_be.provi�edelsewhere::within the developing. lots.j The approval shall be based upon an analysis of the location,the configuration, and the impact and compatibility of the construction with adjacent land uses." SECTION 6. Section 21.2 of Ordinance No. 480, as amended, is hereby amended by deleting Permitted Use No. 3 and renumbering the remaining permitted uses correspondingly. 41) f:\files\slake\ordinanc\480-U Page 3 7C-5 SSECTION 7. Section 22.2 of Ordinance No. 480, as amended, is hereby amended by adding a new Permitted Use No. 3 to read as follows, and renumbering the remaining uses correspondingly. "3. Cleaning, dying and pressing works; laundry and washaterias,providing that the floor area does not exceed three thousand five hundred (3,500) square feet for separate or combined uses." SECTION 8. Section 29.5 of Ordinance No.480,as amended,is hereby amended by deleting Section 29.5i and revising Section 29.5c to read as follows: "c. Side yard: There shall be a minimum side yard requirement of not less than fifteen(15)feet on all lots, except that corner lots may have a minimum side yard of five (5) feet on the side yards adjacent to interior lots." SECTION 9. IIISection 33.5 of Ordinance No. 480, as amended, is hereby revised to read as follows: "33.5 EXCEPTIONS TO HEIGHT REGULATIONS a. In the districts where the maximum building or structure height shall not exceed two and one-half(2'/2) and three (3) stories nor thirty-five feet(35'), freestanding flag poles may exceed the maximum height of the district by fifteen feet(15'), to a height not exceeding fifty feet(50'). b. In the districts where the maximum building or structure height shall not exceed two and one-half(2'/2) and three(3) stories nor thirty-five feet(35'), water standpipes and water tankseirel-eweis.ichurch spires,belfries,cupolas, ornamental towers (as defined in the adopted Uniform Building Code), and flagpoles being placed on or above the roof level of a building and not ' intended for human occupancy may be erected so that the structure exceeds the district's maximum height regulations by fifteen feet(15'),to a height not exceeding fifty feet(50'). However, where structures with the above-noted roof-mounted appurtenances are adjacent to residentially zoned property or property shown as low density residential or medium density residential on the Land Use Plan,there shall be one(1)additional foot added to the required front, side, and year yard setbacks for each one(1) additional foot of • f:\files slake\ordinanc\480-U Page 4 7C-6 • height, or part thereof, exceeding the maximum height of the district. The increased yard requirement shall apply only to that portion of the structure that exceeds the maximum height requirement of thirty-five feet(35'). c. Waivers of the height requirements noted in paragraphs a. and b. above may be granted by the City Council,following a recommendation by the Planning and Zoning Commission,when being considered as a part of a concept plan or site plan review. Otherwise, waivers of these requirements may be approved by the Board of Adjustment. d. Sports lighting,communication antennas or communication structures,utility poles and towers, and water tanks are exempt from height restrictions if owned by government entities or public utilities having franchise agreements with the city. e. Limitations on number of stories shall not apply to buildings used exclusively for storage purposes provided such buildings do not exceed the height in feet permitted in the district in which they are located. f. The permitted height of any occupied building or structure shall be further restricted to the capability of the local or available fire fighting equipment to adequately handle any such building height." SSECTION 10. Sections 33.15 and 33.16 of Ordinance No.480, as amended, are hereby amended to read as follows: "33.15 SPLIT LOT ZONING-No zoning shall be approved which creates more than one zoning classification on a lot. 33.16 SIGNS -Unless otherwise specifically provided in this ordinance,the height, spacing, size, location,'illumination, construction and other regulation of signs, whether on-premise or off-premise, shall be in accordance with the requirements of the currently adopted sign ordinance or any other ordinances adopted by the city regarding sign standards." SECTION 11. Section 34.1 of Ordinance No. 480, as amended, is hereby amended by repealing Section 34.1u and by revising Section 34.1bb(3)to read as follows: • f:\files\slake\ordinanc\480-U Page 5 i 7C-7 "ACCESSORY USE DISTRICT WHERE PERMITTED 411 3. Other antennas,telecommunication facilities, or towers, accessory to the principal permitted use on site: Not exceeding 35 feet in height C-2, C-3, C-4 PLOT PLAN REQUIRED Not exceeding 65 feet in height CS,B-1, B-2, I-1,I-2 PLOT PLAN REQUIRED" SECTION 12. Section 45.1 of Ordinance No.480,as amended,is hereby amended by deleting Specific Use Nos. 34 and 35. SECTION 13. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, • Texas,except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 14. 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. } 0 . f:\files\slake\ordinanc\480-U Page 6 7C-8 • SECTION 15. Any person,firm or corporation who violates,disobeys, omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 16. 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 yard regulations 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 17. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 18. 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 • f:\files\slake\ordinanc\480-U Page 7 7C-9 its provisions, then the City Secretary shall additionally publish this ordinance or its caption and 41111 penalty in the official Citynewspaper one time within ten days after final passage of this ordinance, p tY as required by Section 3.13 of the Charter of the City of Southlake. SECTION 19. 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 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1996. MAYOR ATTEST: CITY SECRETARY f:\files\slake\ordinanc\480-U Page 8 7C-10 AshEFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney • f:\files\slake\ordinanc\480-U Page 9 7C-11 City of South lake,Texas MEMORANDUM 0 April 12, 1996 TO: Curtis E. Hawk, City Manager FROM: ' Karen P. Gandy, Zoning Administrator SUBJECT: ZA 96-32, Site Plan/Southlake Terminal REQUESTED ACTION: Site Plan for Southlake Terminal, per Zoning Ordinance No. 480, Section 45.1 (26), being approximately 27.20 acres situated in the John N. Gibson Survey Abstract No. 591,and Harrison Decker Survey,Abstract No.438,and being legally described as being a portion of Tract 1, Brumlow Industrial District, as recorded in Volume 388-127,page 89, P.R.T.C.T. LOCATION: Northeast corner of State Highway No. 26 and Brumlow Avenue OWNER/APPLICANT: Diamond Shamrock Refining and Marketing Co. leRRENT ZONING: "I-2" Heavy Industrial District with a Specific Use Permit for petroleum operations LAND USE CATEGORY: Industrial and Mixed Use NO. NOTICES SENT: Seven(7) RESPONSES: Two (2)written responses received within the 200' notification area: • John Thompson (Mid Cities Ready Mix Inc.), P.O. Box 660, 1968 Brumlow Ave., Colleyville, Texas 76034, undecided about, "Mid Cities is undecided because of increased traffic, the road is too narrow." • Bill Stowe, 1710 Brumlow Ave., Southlake, Texas 76092, in favor, "No objection as along as stock tank and trees on northwest corner of property are preserved,along with the addition of proposed bufferyard on west that • is indicated on proposed Site Plan." (Response received April 2, 1996.) P & Z ACTION: April 4, 1996;Approved(5-0) subject to Plan Review Summary No. 1 dated March 29, 1996, amended as follows: • 1) amending items#1 (Provide the required bufferyards,and show and label bufferyards on the graphic.) and #2 (Label the proposed and existing drives and fire lanes noting the type of surface material to be used.)to be IIIas shown on the Site Plan. 7D-1 MEMORANDUM TIS E. HAWK 96-32, SITE PLAN 41/R PRIL 12, 1996 PAGE 2 STAFF COMMENTS: The Applicant has met all the review comments of the Plan Review Summary No. 1 dated March 29, 1996 with the exception of the items addressed in the ' Plan Review Summary No. 2 dated April 12, 1996. 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'r "- ' \, 61 I i 1 \ \ • 2A2 i 1 1 EAST CONTINENTAL BLVD....' `_ _ 1 1 1 J - i ♦ ♦♦ may A-1IJ \..__a—.!11.;1— -p".11 lA 1 li 13 . —ems ♦♦ 1 9B3 • i pr IA 1 16 161 IA • ,Y 2F1� IA Ie.;; term r, I 161A t ♦�;♦♦ 1 y ...„F,, 11-f!.V tK 2 ♦ 6.3 Ac Ien Iefa MCI `.♦ I.� 184P ."-.- Ie10C IBIOC -166C1 15.6 Ac 1 iS* G -1f'i 17 Ac IBIO +IeN2 IBIS -fe6F `. •.11,, rV j1�j((�� taNl •' i., 1814 WE 382 "� _L 4 3 V p"5..,-� 184 N 1B4G 1850 , ii�� 184T w 1. 1 A 1 ID I�r� • --- tes - :t _WA 181 - J 1 (;) 3 .-• 194N :IBN4 -660 ✓, s p " = .. .. . iB6G 1 N I ,pN g 2E1 r...�7 1H4Y3 1841.E 109A 188- ,B6Bt p y i) ® IA �C 44,E Ac 18441 1941E 189e MC 18633 1e4412 I: 1 :• g 18682 Ac 2E4 31.61 Ac tea IB117 169C 1W81 -486AlA-1B1C -•1 f 5.31 Ac v': 187C „`e O h TB ' 1A4 1a 187A( 116T=1B6 1 i M 1 2E6 I63 1818 �1 GO tE �i1 i� 1y/@F� P tot ^— T4 2tlt 2G1 261 2G F'i 1-.I SOIIV ®l5�WL5W 15 a. Ac t • 4G R9 — . A-JQ �N I,A DOM •••``600 2K,/ 2J1 2K 20 1 30 v� S PM. Gir..:r:=n •1 I 2 J.-014 A-1tSJ d0� 2J .:11360 1 1 • 4e, lA 18 3 Arilti ,7.,6 Ac I �� 1t B E t 1 . i M� 4 E5 ,..,..............,.. 0 _ i .„,. „:::;... 4-432 �j SA SIG'" 5 . C HEATI zD ==' `7I E � , �E 11 58 _ • , CONSULTIN( 0 1601 E. i.AMAR ] • (817) 548-0696 TRACT MAP 7D-3 • B. Stowe Ill •31 "AG" 1 m Vibra—Whirl "I-1 " i C. Emery "AG" "AG" . ....../j ..., i . Z J. Wright )-` 1'1-2" O 1-1 P.U.D." I /\ . is ._ . , ECCO Properties - - 4E m 0 U /1 . „a z 4D D \i\I G. Mitchell • Spin #7 Representative Vacant „1_1 „ l 1 Mid—Cities Ready Mix V City of Grapevine Z . ' re ei ADJACENT OWNERS „1-1 „ a AND ZONING /_- E A i • v 2-0-] f •I • utlww ^o P._r co.ii I LUO- um. rJJr.J6' ! Z- D 1 S, P7!! ,. _ -snsa r� urn.."... '`-- • {"=]DTS. -_' r`-u"T 1.,E s snYOD•T ? R �.Yr T p YR�... f"y-eR-v-ou E ___. __, ---____ _____ _ _ -_ry_� •q i'1 S", a97 'E' S q c _ N+. 11 I -- 10'SEIBACK __� -II Om.n•na Ewe Lau lA - ,`+-_ 1i „,„r , r Xi 11 err vw nn:arr ��"�K -: '1 rr `rr.� -� 1 i 11 C=c a�7,e r' III wrNx gig ! ,n b� um vmumwL/ ("$ EXIS. �1 60M;1 WLL HAVE A DOMf ROOF E �SEPRC 11 y F S i D IN r L n fOR REPAIRS uxAl[tJ ��rj�r\� � a -I i. a 1•1 '7 �' rouL NE+cNr Lr rsi.1 7[�r��� �.�Prt Ott "I drle..Fc DOME.67' :. . .7 .0 I .\ ::;; �\- m o labor SrArwra'rc IrE Cr. / •. :,:i >: ® ivarlrnIE amc, -/wry / � 1° ,I , „ i ad T I / ;ur n. I �p/ ' - I" �• .::•Ic•:; ':':i \I�} .,a 0n.q ENnr Y/EX/I C z. r. I( �j 1 r' • I �•_.. .- III 1 PME , ,E>. �S f a tau„] ROAD .�' sw+ �r.] 1 • IE -.-----i: -.r.... --- ��_,>< E.lu 1 !!�� tM1 1 C III 1 V.1 11.01i / �� /, b I r I. -ee.�..,.">t..' tFaeM ] (v 4.3.E / 11 IWtRN KID,, r .wYX MO a� e..._ *'-� xa" . I iti�r � lei{ "I ;.r 4,. ��� e sI ��m /I LOT t-" rum• .). GVR n A I rl ER T�� // 0,'," LUD-MD R. ::,`i.�—?— • "J . ..., i�roor p7 I'1ttTr( //' / j�/ ^I r..:JP111°C I • I IIII wY Pon.,. tPos �;il°' I »„` ••t, ii . —r! �- I nl'I Ir fr ! III ,��/Y�� '' ]sr.d 5i j1 ta' • l 1— -- _-_.___.-Par J. �.._y //�) �' ' 1 /xn SCALE: I. 60' -J d 60 JO •O 1 0 1 0 I TD rn•..� /�1. e RmTUDnrr wD.DM. r rG/ , ZAP.' ` �� /� VJRR—]II,PGI DIiiii y_y _ - / yy+9' p \ HRT y PA.-J%.R Y N-t I m� war now AO as /5 I. 0 1 OM /y+.-' miwlerm erst ^/ 1'• P:6l F Cd[PACICD /%O�P60P0!®MO.. IT I. O �h'.l LT /�' y OFFICE BIRLDING 1 N li O ''+;'% .,:f 'Pj/ gyp'' I$2 /' CONTINENTAL BLVD. -ONE STORY 10'X JO'METAL BUILDING i , 1 O C`}},' Cy // o -v V -STORAGE MAINTENANCE/REPAIR . Id i P.'`'�. •. A.T 1` •. //�/- S.` �A,S j, r� �Py 16 TANK COVERAGE ~~ EXISTING - 41,07200 S.F. 1 I ,.,I+"�' ''• /' / O.'', R�ji 1V� PRMOSED - 1893590 SF, 1 - �.- / / 'C' BUILDING COVERAGE -Z700.00 SF. 1'i TOTAL m 59,707.90 SF.IR M,a I l 1 '•, , F•�• �� /' / Z. 5 PERCENT OF COVERAGE m 5.04X 11 I7 5 .,' 7,...„. /' - LOCAnoN MAP N@laA IOM30x oI —f , / - - j .�'/' = REgUDtED BUFFER YARDS BRU1II 011 DTRACT NI D[SIRICr •' . "7.] . IACA 'MOIR YARD CAMP,/CCM SWIM TOO ROR-IM PO.PP NEW Cuwr / _ m3TH inn,WM TRQS MAT RUM.TARMM COMM.IIIM wm OW /// s1T•' raer DA amoN MM.ABM m, ,���+]1/- 1 r��r.., (� / / / :or- PT.DYD 6' ; l0 u ,:T_ 6 DCCSL,PNIR},IMT.1!P D r! 1 1 1 I 1 1 nr ,// D -Rp1P / 01WER/DEVEEO°ER: 'DST_a],• 27.20 ACRES ROWER CDW3TE, / - / • R wD • • • '" ®"°"`,mO"' APR 0 .81996 4r ea.utT.l • /// 0 /' r SWIDr-IRoI, RO MRa MS Y IT..P.1 / O REpO 10 D T3 W J31 pJ1'T.'nt I• I i // ` /� Diomond Shamrock 1 I I L( �, .� / :O. , d16• Refining dL Marketing Co MV]Rt. 10• c .n er 155 17�1��r� - ' •1 I // -. / P.O.BOX 631 SOIITHLAKE TERMINAL_ AMARLLO.TEXAS 7917JGENERAL LAYOUT �� 96 EXISTIMA.E..\:11 yy Q O-' 806)J78-J569 •INCSX Oh MMN2 O•SWORMEW 3YARLN 1996 WAIVED 1 •yJ I /. 1 /1I f OE BUM TAROS al RE MORIN CASINO SOWN 96ES a PROPOSED RITE PLAN / /,a PROPERTY A�19 APPROVED YOOiTGTRYT TO 71E BIRFIR ���c) 1. DIAMOND SHAMROCK P memo mow rA111ArANr aaX.rr 66.A• I"1`-'L. ��. TOO 2 CALIRO CM PER 11437 O PLACED PRONORIG M w aTREES s ALCM a s",xnTat.r.6,IAn.T.sa..Euar.,r.>•n. ... uP Sn,,M' L' BRYAAQW ROAD.OW WEES ID BE PUTTIED SHALL BE ua u 1102 wta AT lc a cc .D xn•-Ia•-a- "7Y AKM4•Nn. rr Z CEDAR ELM.OAK OR RED CEDAR. A�Ela rIrt r00.. Dm Ha an r,� / d0J It II "./15/rR I II /'>aP. y + ME NO.7APR-v K, •",: DISHAM-D City of Southlake,Texas MEMORANDUM 4111 April 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-196,First Reading ZA 96-30, Rezoning REQUESTED ACTION: Rezoning on property, being approximately 8.760 acres situated in the Littleberry G. Hall Survey,Abstract No. 686, being Tracts 3B1, 3B1A, and 3B1B LOCATION: 300 and 320 N. Shady Oaks Dr.,being on the west side of Shady Oaks Dr., approximately 700' north of the intersection of Shady Oaks Dr. and W. Southlake Blvd. (F.M. 1709) OWNERS/APPLICANTS: Randall W. and Roy Stacy •URRENT ZONING: "AG"Agricultural District REQUESTED ZONING: "SF-1A" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO.NOTICES SENT: Eight(8) RESPONSES: One (1) written response received within the 200' notification area: • Ned R. and Shirley E. Conner, 320 Blanco Circle, Southlake, Texas 76092, in favor, "with the understanding that is the only sites that will subdivided and the pasture behind those lots are not be or never will be subdivided." (Response received April 2, 1996.) . P &Z ACTION: April 4, 1996; Approved(5-0). STAFF COMMENTS: The Applicant is proposing a Plat Showing with four(4) lois and dedicating area for right-of-way. KPG/ls \WPF\MEMO\96CASES\96-030Z.WPD 8A-1 a . t �- f5i: p 1 m `lT�n®P/IA.'S ` nn ®ts;Ce, _PI; i --1 -- TI� --. —•—•— ! pR L.__ �• / i i \ STARIEY .,-708 1` NEST W AN STREET i1 \ •__w—+-`- i - - -__ —� 5.53 Ac 118 6 6A 6A11 8A16 6�6A 1BA8At ® 6 6 884,I J�y� G /' + - s 11C ,lE 8 A f A 2 68S fl- •a i wad A 1 8 1 BB 1i5f1 i i i i A A 882A W,A 5 eJ,i % i r.� i 1 i -•--•- 6A3 6 OA C 'f�i i \ `• :.n�1 _I-. _L-•- ___- l.' BA15 AU Fru LAI 7 11C2 ac2A 1 11C2 11F '99 10 t 1 i i -1?•_ \..; ii 1 1 i j 7 j \ / i j i f 1 1 1 1 i �2BI8 1 281 I ! ">�:,r•r+i IID r''�SOQI' tYY.la a—�--- 28,E I ' .1. s i "� 1 • • I 1 1 \ i 1 i 1 \ • !-) ....- JO r� I .r' i 1 i I i i 1 i { ! i i i ! i 1 .. I ! �/ /� , _ \ I ! ..,•,�;1� itA2A or' m i I i I 11 i !r I I 11N a�AP D NNt I It,IO IILVINIMMID • {� I ! \-�-• , :C' ` I- .# •—•�j'—,�•_.-5,(i: \C-' I \�Si I 11�IK- , — 1 c- _ 9,.v. Ft 2A1 r.�: IA m • + C� 1 1 .• •1• '•••is,A, 1 + \ - A i \` _ Y ' 1. I!- \ 9 ' `v,tii X� .:. 1 1 I• libbni ? ' \ 2c 1 I I I 1 • f y Sii�• F.- i ` ' p E —+ —! �i i ij` ! ! •. w / i ,.i i i ! I i ! V/�I T LSE- Pi f- .E v r' :i aQL µ P a� -IBC % 1 i i 1 i i i "w i ! r,, , , , : — -'1-- , ' elv4505 ild m ir :.......,_ �_ f, 1 I 46. (.../.2..4._...4* • j% 1 . % \.\Ls 13 ./,-.).,•1-1 r\Gr'!1'.. „ r\ i ID zs A< :- 10 _ Apprr © r m y • e elw X 1 °. . , F1 rt,,: Jr C h i ---n• .wiummirl-croiai 1 iill ., xn al A 11114 G SC"/T10 i 3N tii A ` V ^TA• , art"{.T }} "v15iIr41 JiIs Ac I sx tK. /'• . i' ,: ` I - S( \ we �.e�. pQ" ®�t�\ ..:.. -�•�- '' ' • ` J{b'1`�Ei II_ �11 ; • �j;�ii= a „,:o oR p . ,is 0.,,. S ,i a +�r"."..n_. h'r r :' IK•.„0,..:1 A? 11 • 3:1 V-. • -‘ ,›-si. ! it 5 AC JD ., •a _ - ;. • t•;•a�I k p_ i I ., I61 { 46 wN r 1 /�� r -� 4.5 AJ EJ 1.1 ^ �, � ji`. .. n • , ri SURICY ••. i 1 i - -' j + .� . c: SLIMY A-'6eI II rj8 f i I s At .r` i i - ...1 I 1 ` r'• ;,, I:'�.M1•I 91 , r/ 6 Az r! '�i 3 • ,.f�m L 1 _ _- _ ! .�. _.S•s • •'—_i i riw1l tD Ac r� {(IY _j-_. _ .; rL1 nrF,ntryw 1 `1,• .�'.. _ /� `.+� .l�:;nr�•>r/A �,aT�l:i:! ._ •�r} `� -VL' P .D SCI f `"1 1 (_ ._. ' , ���fff 1 -.. '_ 1 L. C_D� 4.._•..N T.. AC !t PARK -• i ! i I I- �wein ! i j ._ N -'�i lii-/'' ; it - '��. L TRACT }.1-� ? _, _,. •r_ _ _.i�._:.: 1:,:,., MAP i I _� Y • 1 1 --4— ._ _ = ,D 'k_r. ' • -.� 8A-2 •�x ' � i i '. A pl/LG CT --C 14 -1----PT" �u - i i iry 1 to IB` -1� i/-'-•_,- 1 Lam,•i 4. l 1 ,., /R 3A . 61 - 59 58 le >s li H. HUGGINS ' -rsa 5.0 AC TR 30 filf_ ,,,, al " 15 "SF--20A" , b ,bt'' nsu os S� d 1R 2B BLANCO - 2.825 AC = er �: as •� ,+o „ a 55 G 1,:�� E. OWENS _.,< 3,1/ -� ,, /, oo 1 = 50 51 52 53 "SF-1 A„ „AG„ W. EVANSR 2A 54 1 7w - 825 AC 1 He I17 110 I,C _ ir71e 420 R 0II ‘�..r OM 44, E. STENGLE N. CONNER ' - NAL , 381 . �- • L RvEQ{r f \ . ... , — --. 4 74 • 5U - 6U6 I - ,/ A .. . a ,..) ,.... . ..._ . , \ .._. rr / .. - N E. OWENS , 361 w ` 3.09 A• All erAl TR .3C I "AG WI logo ACa 3g16 oyYyDX A� ,\325 I. CLOWERS SHADY OAKS GROUP i "AG" "AG" i r TR 3B3 1 e10— 0 19.995 ® TR 382 .72 AC -- —._— ... —._.__ 5.72 Ar. Spin Representative #13 Rex Potter ', TR 3C --- _-- 4.2758 9 ADJACENT OWNERS — - - AND ZONING TR-jc2--_— - 3.2842 p TR .8 .88 • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-196 N ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEYIVG APPROXIMA.l DI Y=4.8 760. ACRES-7SITUATED w IN-TIDE _LT=i:l=LEBERR� .:� �I1'AE� StJ1Z�V.��Y�:AB�STRA� O" 686 „ ., -. ,.,, .�. .fit tn. .�,�.,. s BEIN' r;TRACTS:73331 3,B;1A "A 519 3B1 , AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM i''A.G'" AGRICUETURAbLd;DISTRICT:`]TO i'SF=1A' SINGL% A_M1 r1 RESIDENTIAL DISTRTC SUBJECT TO THE SPECIFIC TS C REQUIREMENONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. REQUESTED ZO WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety,morals and general welfare,all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as ' "Cxgataa piI dander 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 G:\ORD\CASES\480-196.WPD 8A-4 Page 1 , WHEREAS,the City Council of the City of Southlake,Texas, at a public hearing called by • the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages;noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood;location,lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public • necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas, does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large,the citizens of the city of Southlake, Texas,and helps promote the general health, safety and welfare of the community. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: IIISection 1. That Ordinance No.480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, G:\ORD\CASES\480-196.WPD 8A-5 Page 2 • is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being ar8 760 acre tract of land sifu_ated in th Littlleberry G,Hall Suryey.,Abistract No °f8 ; being,Tracts:'3BI;;::3BIA,:and-3B1B, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from r.A.61 Agricultural District to rSF=IA'%,'Single Fanuly.R sirientialmDMict. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas,to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified,verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed,with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to • lessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. III Section 8. All rights and remedies of the City of Southlake are expressly saved as to any G:\ORD\CASES\480-196.WPD 8A-6 Page 3 • 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 , 1996. MAYOR S ATTEST: CITY SECRETARY • PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR III G:\ORD\CASES\480=196.WPD 8A-7 Page 4 . ATTEST: • CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: r G:\ORD\CASES\480-196.WPD 8A-8 Page 5 EXHIBIT "A" • FIELD NOTES FOR SF1A ZONING REQUEST CITY OF SOUTHLAKE , TARRANT COUNTY , TEXAS BEING A TRACT IN THE LITTLE BERRY G. HALL SURVEY ABSTRACT NO. 686 , AND BEING THE TRACT DESCRIBED IN A DEED TO ROY J . • STACY AND WIFE MERRILL D . ST•ACY OF RECORD IN VOLUME 4072 , PAGE 265 , DEED RECORDS; TARRANT COUNTY , TEXAS ,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS : BEGINNING at an x cut in concrete found at the Northeast corner of Lot 1 , Block 1 , Owens Addition to the City of Southlake , as shown on a plat of record ! in Cabinet A, Slide 139.2 , Plat Records , Tarrant County , Texas , for the Northwest corner and Point of Beginning of the herein described Tract ; THENCE N. 890-13 ' -00" E. 658. 36 feet along the South line of Block 1 , of • Southridge Lakes , Phase II , . an addition to the City. of Southlake , Tarrant County , Texas , as shown on a plat of record in Cabinet A, Slide 466 , Plat Records , Tarrant County , Texas , and continuing along the _ South • line of a tract described in a deed of record in • Vol ." 106.17 , Page -1835 , to a point for the' Northeast corner of the herein Described tract in Shady Oaks Drive , and from which said point- a concrete monument found bears S. 890- 13 ' -00" W. 21 .33 feet ; • THENCE S . 60- 27 ' - 25"E . 535 . 18 •feet along:said Shady Oaks Drive to a - poi.nt in:same .for .the Southeast corner of the herein described tract ; THENCE S. 860-22 ' -16" W. 727 ,34 feet , alon.g the Northerly line of a tract described in a deed of record in Vol . 8480 , Page 1300 , DRTCT, and continuing along the Northerly line of a tract described in a deed of record in Vol . 4297 . Page 77 , DRTCT, to a 3/8" iron found at. the Northwest corner of same in the East line of Lot 1 , Block 1 , Owens Addition above referenced , for the Southwest corner of the herein • described .tract ; THENCE N. 00-44 ' -44"E. 568 .88 feet along the East line of said Owens Addition to the POINT OF BEGINNING and containing 8.7.60 acres . • • 8A-9 G:\ORD\CASES\480-196.WPD Page 6 ;r City of Southlake,Texas MEMORANDUM April 12, 1996 S TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 96-31, Plat Showing �' REQUESTED ACTION: Plat Showing of Lots 5, 6, 7, and 8, L.B.G. Hall No. 686 Addition, being approximately 8.760 acres situated in the Littleberry G.Hall Survey,Abstract No. 686, being Tracts 3B1, 3B1A, and 3B1B LOCATION: 300 and 320 N. Shady Oaks Dr., being on the west side of Shady Oaks Dr., approximately 700' north of the intersection of Shady Oaks Dr. and W. Southlake Blvd. (F.M. 1709) OWNERS/APPLICANTS: Randall W. And Roy Stacy CURRENT ZONING: "AG"Agricultural District REQUESTED ZONING: "SF-IA" Single Family Residential District OAND USE CATEGORY: Low Density Residential NO.NOTICES SENT: Eight(8) RESPONSES: Two (2)written responses received within the 200' notification area: • Helen S. Huggins, 319 Blanco Circle, Southlake, Texas 76092, in favor, "We feel that a quality residential development at this location would enhance the value of our property.". • Shirley E. Conner, 320 Blanco Circle, Southlake, Texas 76092, in favor. (Response received April 2, 1996.) P &Z ACTION: April 4, 1996;Approved(5-0) subject to Plat Review Summary No. 1 dated March 29, 1996. STAFF COMMENTS: The Applicant has met all the review comments of the Plat Review Summary No. 1 dated March 29, 1996 with the exception of the items addressed in the Plat Review Summary No. 2 dated April 12, 1996. 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Spin Representative #13 Rex Potter TR 3C I 4.2758 0 ADJACENT OWNERS • — --- — AND ZONING TR-3_z---- :_ 3.2842 T _ . . . • . COON.OF....... 41, 0 • . r. ,,„..11,SOothAll141.1.11,45S i, I,'e. V.A.II •,,,,,•;•• 5 1• 1.1 1111111143.A..11 Y.1t•ry,Is 1.......1• .11 1111/e Perry G.11.11.Sil.....11110.11•4 In.0 C : I COB 11,51.44.1611 " '' ,*'.. n.' VOL 1001,,PO M. , Ralt..•CAAHS - .......ten,deter..In 4 Iron nf record In vol.61114.PAge LNAIA•01A 1.6664•I . I U........n herr.At one Ira.ann hel.none 4..6...... 1 re 1194,6.00% GSA 36 -AI 16 CANcrIANA hi...e.and...I Ns tn.., . SEGInninn 01 114 4 e. ............4 41 ihe 4.1 ttttt . '• /0,PIT Or VEDIMMICIO q''5. n , C rrrrr of lo1 1.DINO 1.Owens Andll..la lhe FOR DESCRholiON 11 .4 1 Thq6111•175:5,T;Ae.11;}".11:7 LVogt5't rrrrrr . 1.04 1,1.0CA 1, • • e' • . ON..AP0111014 1 !; •. 1 i; en'in.n0019'shit. ...,i ..; I ii I . • 7n,_, 3 1163•22 / DECKPIED/OR 1 5116122.16.0.011E n ?..., t;10,136•22.1e::1:8°5: 1.- : -. 0 . :•:;::.1::::.1:Zh::al.11:y.:1C.. II.of A..1 doscr11.4 In A do.of rt..la CA..of ttil.h.%...Pricrth......le Shed,Oiit • Delyo.4.tr.ahl.4414 A..a concrete........ (Mon.,1,401 i.!SA.111...V.i1.11 Feel. OA.Delve la 4 nolol In 14.roc 1.Sou... 7:::::4•71:."1/71:4:1:"Ien1:::'She narlhenIT II.0 a frac, le.rlhod.A deed 01 1.0.1,1 le . .1,10,11,PO TB, .1.flint,.0100 11n0,.101,non 0.11.1.0 Os. , . 0 1 . . , It. • 4I I" Ir.Inn.al the 41.11,4.1 Corner of t asse ist th• E•Il II.el I n1 1.nlera 1,0.ens Innli len•... 1 - . 1, rrrrrrr nen,fnr the....at enfant el Ihe h rrrrr • .0••• -- 3121T--- - ,,,. cleacelhed ti,r1, • ....air- 6 111111/Cr ry.0,1,1•.11.,•.1n..fn..On.th.NO II. ID!,III nE Ci..0Sy:E.11.3".i ::3• 1.‘ -.1 1•1--30. nr'tin n,,...An..loinn..too mist pi 6...., 64.0,OA.GROW, , A. . /\ . VOL.129/,PO TT VOL..00,P61100 , • . har..14......61.-•••,...4 , - _ any.111(insf..•rynt)AIL 41.1 PT Tut.P1113.1S • tRAT,Roy J.ffner ann.....11 P.Stacy.cod rrrrr II M.St.,ihe....nor.nn ho.e..61 fhls 061 det.... I.Aber.4..0.1,1 prn,rrrr VA hp I..at In.S.A./..01 A. 1.A.G..11 nn.Arc n1.1111.,,..•,1,11f 1.In Ike C II,.1 3111.1..1, .. .r.f,r; • tar..ran..16.a...1.hernst onleate In I. use et the . ,-..,i . :;i 1,11 III 0 . ' e.::•7 ei,...„,...-, On • • , 1 ..i:'.`....f.'17..:1,-.,..Llijil '''..7.- ; .4;11f'07-iii”:-•3:I7F--- .00 ':14•°I l-• M,4--1•-- .:I7I'I..-...,•1_7.-•,-'•:1•71;11•:-!• •...,-;•••-• 1• n.“.;11-,17-s.ai.7.;,•••cw------ I •••?'. •-•••• ' •II'''. 1 1 fftIrry 111.,Aq,.., t.,J1 • ...' '!,I"•-f..-.. •. .•'',OA:. •:. 'i I , 7'' I ....•',,a...,". Ana J.114ev 0.1.1.1.Moor.,D.Starys 4.eannoll V.61.4. tolo•rah., l5' .5'.7en*-.4::. . ..'04...........1.N.tIV:Ic.:.nfl:.4 •"- . v.rs- .1 In the 64 ttttt 4 vl,rrrrr iloton. Ni1tXR1 rama • • •-• PLAT SHOWING - Lots 5,6,7,88 . . . L.B.G. HALL NO.686 ADDITION ., . AN ADOITiON TOTHE CITY OF SOUTHLAK E.TARRANT COUNTY • . - TEXAS.IN THE LITTLE BERRY riRaca-Ffry.7 nr7 A HALL SuRYEY ABSTRACT NO 1•1s 1,In r•ntlf•..1 • 6E16, • t'17.1.1-EA7i7;;-o7-ill.s a t e.'1 le.s.ss.ttttt v1 I.Ibove urn.la Ion Ir.8%616°1 tttttt.tve,....,.1 thaf ntl lot corner,..4. . 4 Lots hi APR 0.81996 ,i 1 N:.;;;.::! t .""...."r"tttttt . . . 8760A Mch INTO .........e,••of..„4,X;Ciien'.T. rs:O.:11•1,::! Lrs•r T•-. ,,,-i--F,. LTR-I, 4-J Seurn.LAETA 16092 • 481."SYK. =:'P ' ‘-' ""i,t1-41,IFifr No.totr.-' _ . . , RANDALL w.STACT 300 N SHAD y 0.1S OR - •.-5606 _ . WA RD scV2471,9 - THIS?..:.1 Flt IN-:Nt•a77 [ ,..,,...,1..'°,,.!°,1t,,""' m;....." . _ - . • . . . . • . . . T- City of Southlake,Texas MEMORANDUM • April 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 96-34,Plat Revision REQUESTED ACTION: Plat Revision showing Lots 3R1 and 3R2, Block 1, Timarron Golf Course, being approximately 12.61 acres situated in the Hollingsworth & Barnett Survey, Abstract No. 797, and being a revision of property legally described as Lot 3, Block 1, Timarron Golf Course as shown on the Plat recorded in Cabinet A,Page Slide 1889,Plat Records, Tarrant County, Texas LOCATION: 1250 Byron Nelson Parkway, and being south of East Haven Addition and southeast of Glendover Addition OWNER/APPLICANT: Timarron Land Corporation •RRENT ZONING: "R-P.U.D.No. 1" Residential Planned Unit Development LAND USE CATEGORY: Mixed Use NO.NOTICES SENT: One (1) RESPONSES: No written responses received. P &Z ACTION: April 4, 1996; Approved (5-0) subject to Plat Review Summary No. 1 dated. March 29, 1996. STAFF COMMENTS: Attached is Plat Review Summary No. 1 dated March 29, 1996. KPG/ls G:\W PF\MEMO\96CASES\96-034PR.W PD S 8C-1 50,I 15. 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N,,..;.....-.....-,.......‘......... .., . _ iii 5A1 N. 58 I g GgAP5‘1 TRACT MAP 7/, 4 ry .) 0 l t 1 ' 'e .\ �/ `; r' Timarron 5 • - \ 74 1 Irr 1 it r' 1 1 ! ...: r °' �J '\ 3..1 i 4• O "PUD"' ' I" .aoJ t�'t��Cr� -,o• %d . `` \ (, A.Z1—= r- 1R 1p11' ;� \-P 7 /-T� \ ... .� �y6 1.06 n I , 805 / R \ )1: 1 \ PI TR 2r 1 \ 1 i rI -M 1.gv / TP. 2 • t � � ,' r . 41.732 0 <! L TR 1p1 • \ 1 25 � 1 .7 TR 1(/ 1.6.1r:4) - i-- • , 12 . 1 "' TR 1p • l 034 © . - • R 2G ..,. .. _._.. ........._. . _._ ./_ _ Smarron ) 12 a.5' .� "PUD„ TF ^Timarron _ ' F "PUD" TR i ` TR F1 TR 2 I _._� . iR E - I TR -J1 �/- '�.E;I R HI \ .43 r 129( w • • i.. / . TR 2E �� n\ /'" # 5.818 @ •(j5W \ /-� ��IN f TR 2 �' NO � d TR 2H :'z;I ; t I^vE I<2 9 fL3SAC v- A�NET 5 '�g� ti ... I f_. A sc-3 2F4R • ADJACENT OWNERS y,S• COLLEYVILLE�`CIT�` •LIMIT .S AND ZONING TH 1B \„};`. .54 @ r 11. , Spin Representative #9 i ",I Laura Miklosko �,y+. . in F,aq 0 // fit City of Southlake,Texas 7. Delete all zoning designations from the plat. 411 Correct the square footage shown on each lot. 9. Delete note number 3 and place the following note on the plat: "The owners of all corner lots shall maintain sight triangles in accordance with the City Subdivision Ordinance." 10. Designate the floodway area as a variable width drainage easement and provide a dimensional tie,to the nearest property corner at all points of intersection between easements and lot lines. 11. The following lots are missing bearings, curve data,and/or distances: A. lot lines of Lot 3R1 and 3R2 adjacent to the common southeast corner of Lot 3R1 and the northeast corner of Lot 3R2. B. The common west lot line of Lot 3R1 and east lot line of Lot 3R2. C. The common south lot line of Lot 3R1 and north lot line of Lot 3R2. • * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. IIIA statement from each taxingauthorityshowingthat all taxes due have beenpaid must be presented prior to filing this plat in the County records. * Original signatures and seals will be required on each blackline mylar prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * The applicant should be aware that any revisions made prior to the next scheduled meeting must be received at the City by 5:00 PM on 4/08/96. -If not received by that time, no review will be prepared until the following submittal schedule.All 17 revised submittals must be folded 6" x 9" and include an 11"x 17"revised reduction. P & Z ACTION: April 4, 1996; Approved (5-0) subject to Plat Review Summary No. 1 dated March 29, 1996. * Denotes Informational Comment cc: Timarron Land Corporation Carter& Burgess, Inc. 1110pF\REV\96\96-034PR.WPD 8C-5 Staff Review Letter No. 1 ' • . . . .._.__ . 1 . 1,, , I I , , , Will ( I i j �� to '� i • ,I. 161 11 3r I FLOOD%AT EASEMENT LNE TABLE 7 ! ?1! , 1 1 I4, I ? Na< NO- N.•a0 psl..C[ .0. BE••ec Oni•.Q ! i , • " I �i i nri r \4'r I� 300 2r275 4 J r.3r Lli Sr.•3•]39 a.n• i I` , , 1 j f•1 O t I '}" ' lA S20.2r•9•• r00.0Y Lx 33r•.52,4 Sim• '�" " ' r{ , • 11r1 'I I .EAST n . a]3• us sr6•a•2n u.m /rt«n�« L I irf Ln s.i•x'oo-. slsr l.e sro•rr•v1 oils•t2. Snm%l re..0' 14 50.32744 n.5,• IiJl__• dtC! •yi.•`r\•, i 'lR iu rr0o. [L•• io •.rYS 2 31 0• / - , 'ri,it=7 "1 I1rti__I -tzi SJG'v'M1• wS.c• l.. Stl•]r'oo2 n.)[• K. -� .. - 1 1 ` Pl, 306 ]O!•Y.1'• r101' L.J srr•s4•9s1r }irr j T ` '. 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C13•.CC • In 520•u•ol4 1600• or r: L10Tscr • 1^�r•:0.55:roL r .7.4- 34 S4]•DrS54 0.00' �� r FLODOr••• Wad \ Tk✓_ S. wm •.o:r• r eo.0 ur .51•4r014 MOO. MC= L LOT salt am cEVELaErn g tEJ t]r•.0 5 o•. ,710.51 1ft Sx'fts34 ur �f..u�!cos..� e f I «.Drrn.S, x_ .N is.il93r9 n.00' _ln 55]vr0rr Mr zn►o +v ocm.F N/Vlral: -5 -s 1 • '�-. x [�:r5=r]y am Lro sx•�ror. u.o• . b I[ :c.•3]i01 n.00' La 'Mg_32e DOT•P'TR ri7 I' F. 1 •I ®•t67,4a• Iiri`NJi,.T1 r 69.20 L22 x]•a•.e•• Ip3{• NOLLNCSlORTN&BARlET7 SiFVET.ABSTRACT H0.79T • iiiTl ,1/' 1 ...ARROLEJ "'' ®®Li n.u• u�su•o ar�i J�n)r9•A • M OY[D BT M N TIE J r D3N ,4 - - - CURVE TOWS - aft.•Mao r8r35O1 OTT OF SWTNLAKE.TARRANT COUNTY.TE9AS r Iu•a - - :sI'tr. u±se waa M1 t o•Tu jI •. '� u[n1.y:.�II IID .I 7 t I 1 L CURVE TABLE ',♦ ,.^ ':i'J•:' t'•. 5"It f r X'a 5- 51.00' ft.•] I if.2'I 1r0. A a 1 L 12.61 AC. 111Q? I 1 I •p t%•:'1 3�' ,.� ��..�..L. i \ T: Ca' O'4S'1r Na00•'SS.IS' tour &um.d r•2 rc.uss.. F 1 N - • \ 7' r.n..nmsr n1 KKI•ft•Jl• taW N.3• In.ar 0 YELOPEI4 TYARREE LAW CORPORATION TION LEGEND <u 3••..'oo 92co• ]0.5.• Say 300E CARPENTER FREE/AT,SUTE I425 �; \` / r w„,Y t;: - ¢r9 SECAE,YL7 _r• '\ E 1 _m t5•s3zs• R]D0• 37.r9• ¢r.5r• RVNG.TE O' 75062 M 70S3,r 130.00' 3i.X• r3.r•' III ' \J�' 1 1 • \•��1/ COO CAPPED RON p00 ROUt1 pM1 T4.7777 J '1 1 I t: RF RON R00 FOLK/ OS n•p•]5• MOO' ¢s 2.33• ??f. CAS CAPPED IRON R00 SET w ii'vsr• .¢m ..DO._Y CENGINEER/S0RVF70R1 CARTER A BLAMES.NC. f s tii l r. � ..:... _ NOV. 07 Ti'73'.• •0.00 2rso• S53Y 7950 EL3BROOC DRIVE.5UTE 250 )) {? __�•"tl•;r"':1 w•M.^�.- w1t..=.4�r,....rem BL BIADNG LINE Lu r05070 um• xis. `no,a OM ...d •a.•••`~ w "" ��~ 0E UTILITY CASEMENT N09 n•ls•os unoo• ftnn• 7nx• DALLAS.TEXAS 75267 Il l: '•••' rv.Z..••n.•.•.n a/or r.N•.•.•.,,a Irre.r can C.•.•rr.r•r. OE DRAM ICE EASEMENT 676'-3i•52.23• 63.00' 3,51 aM• 1216i 67B-p•5 _ CA 1-41•16• u2.00 r.s.• 6Ar S?t?E )e.now..rI.'.3 corm. • Dil£ DRAINAGE AND BTLITY EASEMENT vl 33 0970 5sw 2a53• ,,,,.I MARCN.1995 19713 TOWS RAT FLED N CABINET .SLIDE N0. •DATE - CAB FEE• CAB JOB• 9373000 RECD APR 0 9 1996 . --E___b- , City of Southlake,Texas MEMORANDUM April 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Sign Variance Request for Village Center and Home Depot Village Center, particularly Kroger and Home Depot, have requested numerous variances to Southiake's Sign Ordinance. Chuck Bloomberg, Plans Examiner, has reviewed their submittals and his memo is attached. I will attempt to summarize their requests. • Monument Sign A 1. "Freestanding Sign" vs. "Monument Sign" definition. This sign as designed does not meet either definition in our sign ordinance. Developer is requesting a variance to allow the Freestanding Sign definition to allow an enclosed base vs. a double pole. Their double pole design is shown as Monument sign A (Option#1). • 2. Council is requested to vary the sign area from 100 square feet to 130 square feet. • Monument Sign B - Shopping Center Sign 1. Ordinance permits one freestanding 20 foot tall shopping center sign. If Village Center is one shopping center then only one sign is allowed. Representatives of Kroger are asking for two additional Shopping Center signs (see Monument Sign D). The location of Monument Sign B would not be allowed just for Home.Depot, as it would be off their premise; therefore, their request for a.Shopping Center Sign. 2. Council is requested to vary the ordinance to allow for this sign to: a) have an enclosed base vs. the double pole and; b) allow the sign area to be 120 square feet vs. -100 square feet allowable on the ordinance r. • Monument Sign D - Shopping Center Sign 1. This request is the same as the above Monument Sign B, in that, Council is requested to allow a sign variance to: a) have an enclosed base vs. the double pole and; 10 A-1 A.-- , r 0 Curtis E. Hawk, City Manager Sign Variance Request Village Center and Home Depot April 12, 1996 Page 2. b) allow the sign area to be 128 square feet vs. 100 square feet allowable on the ordinance. 2. Also as noted in Mr. Bloomberg's memo, the developer is also asking for this same sign to be placed on the S.H. 114 frontage. • Attached Signs 1. Home Depot is asking for a variance to install 6-foot high letters containing 417 • square feet of signage vs. the ordinance requirements of 5-foot high letters and 400 square feet in area. 2. Kroger is asking for a variance on the height of the letters for both the front and the back of the store on the "K" and "G" which is part of their logo. These letters are 8 feet and 6 feet-9 inches respectively. The ordinance maximum is 5-foot letters. • 2. Kroger is also requesting a variance to allow the attached sign to the back of their building which technically does not have "street frontage" at this time as there is a platted lot in between Kroger and the present S.H. 114. A representative of the Collins Signs and the developer, The Midland Group, will be present at the Council meeting to answer questions and address Council. Please place this item on the April 16, 1996 agenda for Council consideration. &-'J0/ l , BW/sm Attachments: Chuck Bloomberg Memo Variance request packet wp61 I wpdocs I wthead.mem l agenda I villsnva.wpd • 10 A-2 City of Southlake,Texas 411 MEMORANDUM April 11, 1996 TO: Bob Whitehead, P. E., Director of Public Works FROM: Charles Bloomberg, Plans Examiner ei SUBJECT Sign appeal for Village Center and The Home Depot. The Home Depot has applied for variance for three signs as outlined in the letter from Collins Signs.. It was the staff's recommendation to Home.Depot that this request come from Village Center's Developer and that they present the sign package for the entire center. Because this request includes the Freestanding Sign allowed for the shopping center and only one is permitted, it did not seem proper to consider Monument Sign A without being aware of the intention to ask for Pylon Sign D. 0 In order to assist the CityCouncil in their review, Mr. Michael Clark of Winkelmann and Associates obtained for us copies of the sign drawings as proposed by Kroger and the Midland Group for the east side of Village Center Drive. Please note Mr. Uphoff's letter contains the request.and justification for the signs on the Kroger side of the site. Ms. Pamela Hebert of Collins Signs will be present to represent Home Depot at the City Council meeting on April 16, 1996. Mr. Rollan Uphoff of The Midland Group will represent the developer and the Kroger Site. Freestanding and Monument Signs Monument Sign A on the drawings is requested in the application as a 20 feet tall freestanding sign containing 130 square feet. The drawing does not comply as a Monument Sign per section 16-B of the Sign Ordinance because it is higher,than 6 feet and the base is higher than 2 feet. Also it does not comply as a Freestanding Sign,because in section 16-C of the ordinance the material standards specify it shall be a double pole sign. Either of these sign categories permit the sign only when the lot has frontage on Highway 114.The sign area is limited to 100 square feet. Please note the sign is shown to be located in a utility easement. If the Council approves the sign, an adjustment in its location will be required to get it out of the easement. Mr. Clark has said the utilities will be relocated so the easement will not be an issue. Ms. Hebert has said they will comply as a Freestanding Sign with a two pole base if that is the desire of the Council, however, they prefer the appearance of the solid base. 10 A-3 • City of Southlake,Texas ® Monument Sign B on the drawings is requested in the application as a 20 feet tall Shopping q PP PP g Center sign containing 120 square feet. The same issues about the category of sign apply as above. Section 16-C permits one Freestanding Sign for the shopping center. The plans for the other side of the center show an additional sign called Monument Sign D. If the developer chooses to say this is two shopping centers, because it is on two plats, then section 16-C 2 b would allow a Freestanding Sign for the Kroger center but it would not allow one for the Home Depot center because there are not 10 leases. Furthermore Home Depot would not be permitted a Monument sign because their lot has no frontage on Southlake Blvd. Mr. Clark told me the wrong drawing of Pylon Sign D was sent to us and there is a design for a 20 feet high sign that should have been sent. No such revised drawing has been received as of this date. Monument Sign C is not a part of the variance request because one such sign is permitted for each street frontage of each lot according to section 16-B of the ordinance. Monument Sign D contains 128 square feet of sign area. Like Monument sign A it does not comply as a Freestanding Sign because it does not have two poles and it exceeds the allowable area of 100 square feet. It does not comply as a Monument Sign because the base exceeds two feet height, The sign exceeds six feet height, and the sign exceeds 100 square feet area. The sign is 20 feet high, the allowable height for a Freestanding Sign. The letter from Mr. Uphoff also refers to Site Sign on S. H. 114. I cannot find this sign on the • site plan submitted. Section 16 C, 2 b only allows one such sign per site, that is Monument Sign D. Attached Signs The Home Depot wall letters are 6 feet high and contain 417 square feet. Section 16-A of the ordinance limits them to 5 feet high and 400 square feet. The requested sign is only on the front facing Village Center Drive as provided by the Ordinance. The "Contractor Pick Up" and "Nursery" signs appear to meet the definition of directional signs and are therefore authorized by Section 23 of the Ordinance. The Kroger wall sign is 204 square feet with the Food and Pharmacy signs adding 9 and 14 feet making a total of 227 square feet. This is within the permitted area of section 16-A of the ordinance, however the 8 feet high K is not permitted. Also the Kroger sign on the north side of the building does not have street frontage at this time in addition to having the 8 feet high K. attachments: application, justification letter from Home Depot letter from Mr. Clark (hand printed) letter from Rollan Uphoff site plans sign drawings CB • 10 A-4 gm'Pamela Hebert Collins Signs Far:813-781-6281 Velce:800-706-2655 RI3-787-4355 Page 2 of 5 Wednesday.Aprtl I0.1996 6:2039 AM To:Chudc Bloomberg at CHy of Southlake COLLINS SIGNS • TAMPA DIVISIONAL OFFIC:F. 3994 TARTAN COURT PALM HARBOR,FL 34684 800-706-2655 TOLL 813-7874355 LOCAL 813-781-6281 FAX April 10, 1996 Mr. Charles Bloomberg City of Southlake FAX: 817-488-5097 RE: The Home DepotNillage Center Dear Chuck: Please find attached the revised letter of hardship for the (3)three items which need a variance. For simplicity, I've listed the variances items as A, B & C. 1111 A= 20' tall freestanding sign on The Home Depot property nearest 114. VARIANCE REQUIRED DUE TO FUTURE FRONTAGE THAT WILL BE CREATED AFTER DOT PURCHASE OF PROPERTY AND ROAD WIDENING. We will supply an option for a 2 pole structure that meets your criteria and will have our civil engineers revise the placement to the satisfaction of your engineers concerning the placement of the sign in the utility easement. B= 20' tall Shopping Center sign on Southlake Blvd, between Lot#1 and Lot #2. VARIANCE REQUIRED DUE TO CITY'S INTERPRETATION OF BEING ALLOWED A SHOPPING CENTER SIGN AND THE HEIGHT ON SOUTHLAKE BLVD. We will supply an option for a 2 pole structure that meets your criteria. C= 6'tall THE HOME DEPOT-wall letters. VARIANCE REQUIRED DUE TO HEIGHT OF LETTERS OVER 60"TALL AND 15 SQUARE FEET OVER THEALLOWED OF 400 S.F. • 10 A-6 tom:Pamela Hebert Collins Signs Fax 813-781-62111 Vok:e 800-706-7155 8I3787-4355 Page 3 of 5 Wednesday.Apr1I 10.1996 6:25115 AM To:Chuck I3ioomberg at Q1y of Southlake • Mr. Charles Bloomberg Page 2 4110196 We have included drawings of Monument Sign"C"for your review only. We understand this meets code and does not need a variance. We also understand that the sign must maintain a 15' setback from our property line. We presented all signs together so the board can see the uniformity of design. Thank you so much for your assistance and patience. Sincerely, @e€ii4? t Pamela G. Hebert Sign Consultant CC: Steve Lam Emilou Barnes Jim Schmitt • t 10 A-7 Front:Pamela Hebert Collins Signs Fax 813-7R I-6281 Voice:800-706-2665 813-7R7-1355 Page 4 of 5 Wednesday,April 10,1996 6:25:49 AM To:Chuck Bloomberg at Clty of Southlake 4110 DEMONSTRATION OF HARDSHIP: 1. UNNECESSARY HARDSHIP AND PRACTICAL DIFFICULTY A: The 20'tall sign is allowed according to our street frontage. When the widening of S.N. 114 is complete we will be allowed this sign without the need for a variance. The sign sits on our property. The practical difficulty is that we need to utilize this future frontage at the time the store is opened until waiting for the completion of the widening. B:The practical difficulty is that the shopping center and main tenants need to be identified on Southlake Blvd. Without this sign the entrance to the property will not be readily apparent. C:The practical difficulty of the height of the wall letters is due to the fact that they need to be seen from the intersection of Southlake and S. Kimball which is the point where the letter height will be most useful in announcing the stores presence. 2. UNIQUE CHARACTERISTICS OF THE PROPERTY/NOT SELF-IMPOSED. A. Although THE HOME DEPOT will definitely have frontage on S.H. 114 in the future, they can not purchase nor obtain use of this section of property due to the impending street widening. It is quite unique that upon the store opening there will be access onto the property from S. H. 114, but because of the widening, can not calculate this as street frontage yet. B, The topo of the land on Southlake Blvd. dictates that a 20'tall shopping center sign is needed to identify the entrance and the tenants. C. The topo of the land at the intersection of Southlake and S. Kimball will make the storefront very visible, but because it is almost 2000'away from The Home Depot S storefront, the size of 6'tall letter is necessary. 3. NOT INJURIOUS AND COMPATIBLE WITH ADJACENT PROPERTIES. A. The 20'tall THE HOME DEPOT pylon on 114 will blend with the advertising of the adjacent properties and will only serve to enhance and will in no way be injurious to its surroundings. B. The 20'tall Shopping Center sign on Southlake Blvd will be of significant help to east bound traffic on Southlake and will not be injurious to its surroundings. The sign will be compatible with the advertising of surrounding properties. C. The 6'tall letters on The Home Depot's storefront will not be injurious and in fact will be appropriately sized for the distance from which they will be viewed. They will be more more compatible with the properties surroundings at 6'tall because of the largeness of the store and the fact that they will be viewed at such a great distance. 4. HARMONY AND THE SPIRIT OF THE SIGN ORDINANCE. A. The purpose of the sign ordinance is to allow a freestanding sign for a business that has a street frontage so the traffic will be able to access the property with the least amount of trouble. Very clearly, The Home Depot will have a street frontage on 114 in the future, and the spirit of the ordinance would be upheld in allowing this sign at the time it is needed. B. The purpose of the sign ordinance is to allow a shopping center sign to display the names of some of its retailers. The spirit of the ordinance would be upheld in allowing this sign on Southlake Blvd.which will certainly be an assistance to all traffic on that highly traveled street. S 10 A-8 'I`oih:Pamela Hebert Collins Signs Fax 813-781-5281 Vol=800-706-2855 813-787-4355 Page5 of 5 Wednesday.April 10.1955 6:2707 AM To:Chudc Bloomberg at City of Soutlake • C. The spirit of the ordinance is to allow wall signs that have a certain proportion to the building itself, which is evidenced in SEC 16, A,3,which allows 1.5 square feet of wall signs for each 1 linear foot of lease space. By this calculation The Home Depot should be allovwed 600 square feet of wall signs. The Home Depot building is certainly larger than the standard retailer and we believe that the intent of the sign ordinance is to provide for a balance between-building size and sign size. Our request is in harmony with the sign ordinance. • • • • 10 A-9 0 4-05-1996 11 :25AM FROM WINKELMANN 4907099 , \ P_ 5 . .‘ . . • . . :. . . 0 1 • . . . . . . • • 4 G 4114 • . _ __AeA2-W/W.Witilea. - -16_1•Pi-H-P-- . „... . . C;4111141,011:4°. .. -- . _ . . . . - irg--4t6S-0--Alil • . . ,. . •-• \Miee, Ce64110--- . . • . UPALIFifit • " ___ tili ezesiitis logget,.; 0/64 ;-)14 - te.- figauecik vo4444, Icte_htum4 -Qv 424.62.aereAvertceetrice..26 —10---- . ,r, 0.064,1761 4iriati_ ___64_004iiveetckeilL-i A'''.2.1,Le..-ezied-,- Asw___A.__ _. _______. 0 wal-- : • • • . . ___ __... -akite 414 L t4 44.40T.-. I, letitiOtcrtri &Let- 5tot--..1st 467 wage. . `tt .,..-aa... 41 tut. e,..4./.41.— . . _ __40/1v0_4.,%' (.40.4 ict4 bx ditd __ •. • • ..4 " . ... _ .. .. 10 A_10 1r '4-05-1996 11 :25AM FROM WINKELMANN 4907099 P_ 6 • I: . . . . rIpvt. Ko .A.k.c.,,,g; .. . . • .___c- rze/4„:.i, .. 4.. .... ._. ... • , , • • ... _ . _ . . • . . ._... . .. 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"-- 171--- 4LeAel4 • 10 A-13 . 04/11/96 08:44 ^U314 576 7005 MIDLAND GROUP iJ002 ® - PHASE I - (KROGER AND SITE SIGNAGE) DEMONSTRATION OF HARDSHIP KROGER WA..t- N- FR I NT _nd REAR BUIDING A. Unnecessary Hardship and Pract - Difficulty The practical difficulty of the heig 1 of the letter"K" is due to the fact that the sign needs to be seen from the intersection o Southiake Blvd.and S.Kimball which is the point where the letter height will be most us- tin announcing the store's presence. If we reduce the height of the letter"K",the pro.. 'anal reduction in the remaining letters will make the sign unreadable. This applies to both he front and rear wall signs. B. Unique Characteristics of the Pro•erty/ Not Self-Imposed The Kroger sign is a part of thel logo and reducing the "IC' height without reducing the other letters of the sign will cha ge the whole sign image. The tapo of the land at the intersection of Southiake Blvd. a d S. Kimball will make this store front very visible, but because it is almost 2,000 ' awa from the Kroger store front, the 4' letter height on the remaining letters is a minimum_ C. Not injurious and Compatible wit Adjacent Properties • The 8' tali letter "K" on the Kr.,,er wail sign will not be injurious and in fact will be appropriately sized for the distan e from which it will be viewed_ The letters will be more compatible with the properties su roundings because of the largeness of the store and the fact that the sign will be viewed :t a great distance. D. Harmony and the Spirit of the Si:n Ordinance The spirit of the ordinance Is to allow wall signs that have a certain proportion to the building itself,which is evidenced in SEC 16,A,3,which allows 1.5 square feet of wall signs for each one linear foot of lease space. By this calculation the Kroger sign is within the allowable square footage. We b- ieve that the intent of the sign ordinance is to provide for a balance between building size : • sign size,therefore,our request is in harmony with the sign ordinance. 2_ 20' SITE SIGN on SOUTHLAKE BLVD_ A Unnecessary Hardship and P . •cal Difficulty The 20' tall sign is allowed acco .ing'o our street frontage. The requirement of the sign ordinance for two support poles s not in compliance with the overall design of the center_ B. Unique Characteristics of the Pr.perty/Not Self-Imposed The overall design of the center lends itself to a site sign with an enclosed support structure. • 10 A-14 tr' 04/11/96 08:45 e314 576 7005 MIDLAND GROUP Uoo3 • C. Not Injurious and Compatible with Adjacent Properties • The 20' tall Shopping Center sign on Southiake Blvd. All be of significant help to east bound traffic on Southiake Blvd.and will not be injurious to its surroundings. The sign will be compatible with the advertising of surrounding properties. D. Harmony and the Spirit of the Sign Ordinance The 20' site sign is not In compliance because of the two pole requirements. We believe that Lrclllzing the two poles will distract from the overall appearance of the center and will not be in harmony with the architecture. 3. SITE SIGN on S.H. 114 A. Unnecessary Hardship and Practical Difficulty The 20'tail sign is allowed according to our street frontage. When the widening of S.H.114 is complete we will be allowed this sign without the need for a variance. The sign sits on our property. The practical difficulty is that we need to utilize this future frontage at the time the store is opened and not wait for the completion of the widening. B. Unique Characteristics of the Property/ Not Self-Imposed Although Kroger will definitely have frontage on S.H.114 in the future,they can not use this section of property due to the impending street widening. • C. Not Injurious and Compatible with Adjacent Properties The 20' tall Kroger site sign on S.H. 114 will blend with the advertising of the adjacent properties and will only serve to enhance and will In no way be Injurious to its surroundings. D. Harmony and the Spirit of the Sign Ordinance The purpose of the sign ordinance is to allow a free standing sign for a business that has a street frontage so the traffic will be able to access the property with the least amount of trouble. Very clearly, Village Center will have a street frontage on S.H. 114 in the future, and the spirit of the ordinance would be upheld In allowing this sign at the lime it is needed. WP:KROGSIGN.411 10 A-15 . • V ,. 10-0" } 1 III i I A • , • . • • . , 4 ,K rYi�rYtiKY,x,Y?ra•,rY.r4:K;tiY"k:YY'��,,rYr.',:r�k�>titi."+'~ rYY,.y✓.,4,sK,zav;rj K'? 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'::1 ...1 -'•• .•' • .-I .(., .., 1., . 1.•:7 1 .,I....•...I Monument Sign B (representation only) • • Option #1 Scale: 3/8" = 11-0" . ,.... . .-, i••'TWie Depot/Southiake COLLINS SIGNS TH D1155.CDR/040996 ,,...E44-74•1441. Color renderings are for presentation only and should not be considered as a manufacturing drawing. 10 A-20 5'-9" c > l y11..r11' t. �7''r"tk<E :dt vx'it;'::�3iti� ;'...c,..,t iii r.,.:k>%k.`.ni:;�;:t.+;r;,..,'k°.<t�,+tk.n.?.g,Ah?.tkr.t# :g °r .R '+,:k';-;t; �'+.w�+(tS,+�i:?:iSQ1C'�'i`�:lR iCi,+�h+..�0i�6 J)kh..:'i., r. �Y:*�;k�;�,»w wA.`v+ tL+.tti3• ? tt.MMI is»i?w P1 » »�»..., !,'.:}«.'r'::...y:.i ::1 ti i*Y.�A:- 3`�,5tk.};�li^ifhhii`iiY �'1?Ri i..:i:+�?hki;. isn.:.11111111;1rIg' ..?i `11411 :at»#*Y»:(t�»y+.i*yy'� Yt, Y4? Lk:Y ». `tY;kitRY. y 4,4:.+.;,tip Z.:k: `"s m.hri huh iKA",. .$ = i .:.f..;}:. ..fir: v� :N!.rt Vt"r:i::+r? 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"""""" S < 5t-9tt , n n Gn ••• •, ,,• ••14�c:T:,uu uuTuia:ua' 2S4 »» .' . � b i f . •fnt" »-.T. lit3i.''4;', ' h!'::1Aa<;h4ik.:tn::i.-!?.4 a � » 4f y �4ti(:�Sr +: +"td.4: W.: vtM»w{ .n � ` � LRh } A r+ ttke: hn14 (h 1 » R t.'2L .ttlY"».yt4.t CYG Y liiir .Y� `...R�+y.��iia v'k J!ti i:j,�.=c:,::}�t i-`. -:, ^^;", Internally Illuminated In >as 4;}<,}>, Yy:" ;; ,, Sign Face 4 �R+{',h�thn P ��+a`Rt : kt � ; +1 ,ALL V...Ht K Vtt vv \t::::::,:;10r:siltisils:fifil ;:cam„ t;i' It: t', —011141, 4...,...,,..4 y v. - .::: ¢\'\'ht Y y`hYt ``�. .kYh 7.;, ti, ii ..35 "+ /'' •fit°Qvr t`1 +YYMyLL»v xv Y. • 4444 C,',1..a, i ,, Y,_ ht vY »4vtr»» }i [5•741t,1/4, :J+Y+# tu`tv:tiv. YNy�,»4NLL:n'ry44+,+-3' i4,,g4.:.i;•4�.' � iy.;u s )ivf y,":?.}[y tt:?-.}.>t i,t}??>:.. ar.a.e t). .,. .t.l?.,f-la t�'t:"Y..`..t. ~yi5,2 Y2TJ2:3,. L2y L•:.?i>.`�"�3"ttv: }.:C;.:,'i Euumi4-FF:: +•ui,:r,•r:t;ax..'ItAk,a?;z;;3:ti.',.iL'u�'U:isi:+:xe.:t„1.2?>'h•,;w...:i^LL`.' En A ` ,. ' :"O-r-y _+yr'_r1•eJ:.r.:.iy..ti:^;-..-G ee7.et..�`�:?^.,:'r.>:.s:,..+;:^:''" + 1 + ++ + Rh+ + rhr + tM1hntb4firafifh� +hf S M � t Decorative Masonry.e + �� -.a �•----W ::� : + 4:,4 .c c,+,,..:..+•4i. :,��W_ .......�. r,tc;r•�' 'a'.�:tifn ..... .. £ t� ✓ c! <4',,:.',N<:, Wr`1C " `> Z.t ,. t"gta �.X.;i4aa"f�q, 1,iya. rf`.t iFdt'..*,"..�,;Y.r�. : ::gv,._:"= ::.x l.. a . Monument Sign C (representation only) Option#2 Scale: 1/2" = 11-0" Thee Depot/Southlake COLLINS SIGNS THD1152.CDR/040996 "si;:,• Color renderings are for presentation only and should 10 A-22 '-'_ not be considered as a manufacturing drawing. GOOD FULTON & FARRELL ARCHITECTS 3102 Oak Lawn Avenue Sheet No. 3 • Suite 250 Sheet Title . .MONUMENT SIGN. C Texas 75219 e Project No.. .95211 528-5599 Issue Date . .11/27/95 4 / 521-8672 File Name . .E-3.DWG u, I , ' ' •I ' I - SPRAYSTONE CAP • .. . . _ - SYNTHETIC STUCCO • to ' • b 1 Restaurant • • . • INDIVIDUAL • 1 "' LETTER SIGNS o - BRICK BASE . 1 . N • HOKUM T SOON • SCRIE:VAS"= I�-t�" . • 110 . 10 A-23 • 0 . 0 . . • .,.,,. 1\O Q. _ ` �J�„a� to a o a a a= � ti f - .�. ;U0 sort. m a ' r r ° CI 0 0 0 o �:. wm' • ay;a all WM alp; EMNell;MROAT.TMNINM:vIlElWe11n;itaiimcara=go:am lit in 5 9 2 7 ► E A C H T R E E ROAD N. E. • A T L A N T A . G E O R G I•A 2 0 2 1 9 • T E.L 110 4 • 2 2 7• 5 2 9 7 • FAX 4 0 4 • 2 2 2 • 0 0 9 0 * HOME DEPOT U.S.A. INC. NO GFA JOB 9 9 SIGN EXHIBIT SOUTHLA <E, TEXAS • - • ?:- N.) 0, C' J • • ' .- 0 r � , , 1IE rili' 6'-0" TIID Individual Channel Letters Electrical Requirements 415.25 Total Square Feet 69.5 Amps (6) 20 Amp Circuits 120 Volts • 8 3/4" Mounting Detail for 6'-0" 8 3/i" Mounting Detail for 6'-0" r „,---______--at f� Self—Contained Letters 1" «� Self—Contained Letters Dr vitl and Stucco Wall Construction ' 41) CMU and Concrete Tilt Panel �, Y j• Wall Construction =�, Scale: None }I Scale: None ` o A. Aluminum Returns and Backs A. Aluminum Returns and Backs #313 Bronze Outside #313 Bronze Outside Y N _IDWhite Inside t�� White Inside B. 2" Bronze Jewelite Trim i!'1 B. 2" Bronze Jewelite Trim J —.—� C. Tube Supports as Required C. Tube Supports as Required D. #2119 Orange Lexrin Face D. #2119 Orange Lexan Face g 100% l— 0") 100% neon �— � E. Green tube pumped with neon E. Green tube pumped with F. Neon Turnback with Master Boots F. Neon Turnback with Master Boots G. Standard Transformer (30MA) G. Standard Transformer (30MA) II. 1/4" WeepHoles II. 1/4" WeepHoles I. 1 1/2" Stand—offs 1. 1 1/2" Stand—offs ® J. 1/2" Sealtile Conduit* J. 1 2' Sealtite Conduit.* / J / 0 K. Threaded Rods K. Lagbolts L. 2" x 6" Blocking provided by C.C. *Equipment Ground t' Required ® \\` •Equipment Ground Required , -~ --\/ Account flop Drawing a Client COLLINS SIGNS, INC. COLLINS SIGHS, INC. APPROVED BY DATE Collins 94-3301 The Home Depot ant NAPIER FIELD ROAD 1A1eI Ern Ely Dot. �a A A.Adkison 9-14-94 Various DOT1i WAL38302 Engineering 1 Design lo.d lob De.orl`llooOM Phone: (205) 9133-9618 1,B" = 1'-0" 6'-0' TIMD Individual Letters r Tax: (205) 903-1379 Luslomer Raul.. Pr...ur. 9oII Condition ,1 15 [fir) Swum: Feel. • • • t .. . T ! • . . i• • 0 • 0 t. • ..i, • .. • I. ' •'; r 25'-6" • _C ic.1 acl--- ONTRACTOR PICK- up . ,.. Scale: 1/8" = 1'—O" ' -. ••:' Sign panel to be .125 (flat) Aluminum with Scothcal Graphics . . . ,--L '• Background: White -- • Copy: Black > , , .• t&) •• . 1 .1. • . • • ,. . • . .: . . . . . . . . . . 4,. •!. • . fli :' • 1.i Iloaccual Rap. Inowind No. Client, COLLINS SIGNS, INC. APPROVED BY DATE Collins 95-172 The Home Depot COLLINS SIGNS, INC. Miles Drawn 1.!y Data leasUoo 3701 NAPIER FIELD ROAD Adkison 4/18/95 . Various DOTHAN, AL 36302 tingtneering &Ala Nalco Load Job Devripllon ----‹ Phone: (205) 983-0515 Noted 24 x 25'-6" Alum. Panel —..„ Tex: (205) 953-1370 Customer GUT-PrvesUf• 0.011 Coalition 14'-8" 0 _ Elea'4,,` Each . of letters Req. 1-20 amp •,1 cv 120 volt circuit . 24" Individual Illuminated Letters 29,33 Square Feet Scale: 3/8" = 1'-0" • Mounting Detail for 2'-0" Mounting Detail for 2'-0" Self-Contained Letters Self-Contained Letters CMU and Concrete Tilt Pan=1 Dryvitt and Stucco Wall Construction Wall Construction Y 8 3/4" Scale: 1" = 1'-0" © 3/4,� Scale: 1" = 1'-0" A. Aluminum Returns and Backs IAluminum Returns N �® #313 Bronze Outside / (ID A #313 Bronze Outside and Backs White Inside ' a White Inside ■c4-i ti --I B. 2" Bronze Jewelite Trim i B. 2" Bronze Jewelite Trim C. Tube Supports as Required -® C. Tube Supports as Require D. #2119 Orange Lexan Face D. ube Oran a I.exan Face ® E. Green tube pu11ulped with 100% neon �'© E. Creen tube pumped with 00% neol ill I F. Neon Turnback with Master Boots G. Standard Transformer - F. Neon Turnback with Mast:r Boots '—® 1/4" G. Standard Transformer iml H. Weep Holes H. 1/4" WeepHoles 1. 1 1 2"" Stand-offs -© / J - J. 1/2" Sealtite Conduits QJ I. 1 1/2" Stand-offs 1� Rods (� J. 1/2" Sealtite Conduit K Threaded K. Lagbolts © f L. 2" x 6" Blocking provided by G.C. C *Equipment Ground Required 11111 'i 'Equipment Ground 'Y' Required -. `� ,r c7 /�r 1� �� ►' ® 0 1I1 D'� ® 0'0 ./ Aeeoul R br No. Cll.nl COLLINS SIGNS, INC. Gowns sioNs, 1Nc. APPROVED BY DATE Colllinss 94-4-4931 The Home Depot Bon 3701 NAPIER FIELD ROAD y°le'. D%►ABAdkison 111i 28-94loce Various DOTHAN, AL 36302 ng Weer g Scale 'Design lad lob Do.orlpllooIQ Phone: (206) 953-6610 _.±14l.stsl_ 24" Nursery Letters Self-Cont. 21 Felt (205) 903-1379 Cualomer 6qul.. Pr...'n Soli ConellUon o o o I Q CI) 0 g ' 1 _ J — —�- — OD - - - cv W �_ {' /' � e=....., y..... MIS:` u 5 m.: _ ____ 1 iii= -- it � .�_ ,. / Fr4Q,r� __rear.-- ----- ----. �. �: i�l='���� •=—• 2147.10 r.. SUP AO w. rw�rrw 09 KROCER ?;0177H ELEVATION i OOOO 0 1 PM Om Q _,..� O o I I` Cfl 04: 1 Ci I i I 1 CI . o wilt x -•.:t:f:::•••••••;:M`..I.. _z_.....•...rite 1 02 — Y �r..YLI Le 0.^ aY w 03 KROCER EAST ELEVATION Aw o • W �; T Ti T p� 7 "..ti ��Ix CORI �Z-... t I -- - -- -�� =LW.' I _ _...ulllli til)II IIII II I° . �44 44�....e F'o V' N Y In •`n.',"ri_Yi -.->• F�^.:�•Rj111:r' L�:-l-rji v •r- si'•"•- • �• •;•::'a....,.• �.•:%.` .::'I .- •,:"" '.-::'i•_... ?r' :a.. •:i„ :::. •1.1�-r `'t::•.Zi_I it=:: .''Z., ,'' •.'•'7:• •' ?c*i•• J .. '•- r•%;'�- 1 =--= �s - o. - .i—_._-q `.-c ._,. :�.``�:' . ._._. . .;"•... i111I111[Illd..- •ti. .�.w (V N - - M. —- - .—=IIIIIIIIIIIIIIIIIIIIIIIIII ....:(-.-:• :K,k. '-.., 8rG - a ice,_..— _ti'44jf'-a.:�:.1., i .. h • - r :rr. Ire �I .,. IT l .r-ev.. SS/'{1. y.9-f.`.. 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U LL _ r.Ia •'a=•1'ti' � �7GI�{�aS/. �.a,:.A. •-.''`:I`."i''ti•ice;�.. ; LETTER K R 0 G E R • FOOTAGE 47.5 10.5 20.0 38.E 21.5 10.5 ' f�{.�'4='^� `'�J m i I TRANSF. •12000 3000 5000 9000 5000 3000 CI_MA-HPF v r AMPS 6.60 1.65 7.75, 4.95_ 2.75 1.65 120 VOLT , ` ' C1RCUIT511.0A".1)20AMP CIRC 9,35 A•(1120 A CIRC, 12�20_ARP C.LRCUIIS - - _ y '(�DUPJl 'R�1r I� 1VNITE • PEa1U (#�5W1VNlTE) ' . . mA' z �2's/R6 .'PACK-1z' Mk f2 'LY• --� m ,, 'I rn Oa. I . ,`Q o t FLUTED kin5amr2Y WALL k _ - • :... ._•;_ .- -- -.. -- -- — - 5=0'd %L6 zL98 TES PIE IE:PI 966I-S0-6dU • // L� I / , , 1 -sf- . , n O cD I • <OI 1 L rn ,ri /..0—a t<0--.I f \ '''-...—. I MN cog L l—,V� 1111 11II i / 01/ Ln 0 it ��NuunuuilmiMuouuuuomum r r 1 r o r o 0 11/1 co LID I ILumllluun mmll I. . A 1 III \ .. 1 .. (1-- .--.__ • 0 L 1 1 L 7( 10 A-32 IIIlll L 9/L l ma „0-,Z� II I� / I c. enna T1AT_TAW/ '.T'.i'E) ZL99 TZS VIZ XVd 9I:VT CHM 96/CO/t'0 ,04/03/96 WED 14:18 FAX 214 521 8672 G.F.F. ARCHITEGf L uui i Y i Ili1 11111 L III I --- , • v 70 3 io '',4 C. D ---) _ 4 _g / rn 0 :. 4!) . , i Nvin Ipsi _______, I I I 11IIpI►/ _ Mil Q�j�G, © 1 N.1 / ‘Cl N.- i a - i_ I _ ] � ' � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUINI����� v CD -- 1I ' 41)/1 ❑ 24'-0" - III 1 1.-0" i3'-0i,( ii, , , .. S 10 A-33 APR-03-1996 14:21 214 521 8672 96% P.04 * S0'd %96 EL98 TES PIE TE:bT 966T-20-21dd S V I-- C U w v, t ' III :1 . 0 '-'. IIlIIllOhIllIll N� IØIIh 0. b8 .o o ILrl on ibrISOr �� II00 III Ill ,,rl r'1141'IIIIIlL .I ' _ ii CC 111 111111 _ 4.1 iliiiivilll w� z OOu w 0 a S- o u, O� W OW k� 10 A-34 • -- cnnFM T'VUTTUVW .J.J'n 7/no T7C. 1,T7 vt/_7 CT•RT R711 nc/nn/Rn City of Southlake,Texas MEMORANDUM • April 10, 1996 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Commercial Developer Agreement for Village Center, Phase 2 (Home Depot) The commercial developer agreement for Village Center, Phase 2 (Home Depot) is attached. The highlights of this agreement are as follows: • Pages 4, 5, 6 and 8 contains strikeouts regarding streets, amenities, public right-of-way, and perimeter street. This development will not have unique amenities such as pond, lakes, and walls. Village Center also will abut S.H. 114, therefore, there are no Southlake public right-of-way and perimeter street. • Page 8, OFF-SITE DRAINAGE: states that the Developer agrees to pay $15,103.20 toward the culvert expense prior to the beginning of construction. There are two culverts • that will be impacted by this development. The first culvert crosses Shady Lane at approximately 2,800 feet north of S.H. 114 and the second culvert crosses North Kimball Avenue approximately 800 feet north of S.H. 114. • PARK FEES: The developer agrees to pay the Park Fee of$12,000 ($500 per acre X 24 acres). eP -. dace is on the April 16, 1996 agenda for City Council consideration. a ' /sm Attachments: Commercial Developer Agreement Plat wp6l I wpdocs l harper l agenda l vilgcnt2.wpd • 10 B-1 VILLAGE CENTER, PHASE 2' COMMERCIAL DEVELOPERS AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the undersigned Developer, hereinafter referred to as the Developer, of VillageCenter,•.Phase 2 to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to Village Cente r,,Phase 2 (a commercial development) and to the off-site improvements necessary to support the development. I. GENERAL REQUIREMENTS:' A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, • performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required • for the completion of the subdivision if the Developer fails to complete the work within two (2) years of the signing of this agreement between the City and Developer. All bonds should be approved by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably • acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. ' The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of-two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. V 10B-2 D. It is further agreed and understood by the parties hereto that upon acceptance by • City, title to all facilities and improvements mentioned hereinabove, which are intended to be public facilities, shall be vested in the City of Southlake and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. E. On all public facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure:- 1. To pay to the City three (3%) percent of the construction cost for inspection fees of the public water, streets, drainage facilities, and sanitary sewer. 2. To pay to the City two (2%) percent of the construction cost for Administrative Processing Fee for public water, streets, drainage facilities, • and sanitary sewer. It is agreed byboth the Cityand the Developer that the City will pay the g following testing fees and the Developer will be responsible to pay for all other testing fees required by the City not listed below: a) All nuclear density tests on the roadway subgrade (95% Standard). Trench testing (95% Standard) shall be paid by the Developer; b) All gradation tests required to insure proper cement and/or lime stabilization; c) Technicians time for preparing concrete cylinders;. d) Concrete cylinder tests and concrete coring samples. Charges for retesting as a result of failed tests will be paid by the Developer. Fees are payable prior to construction of each phase, based on actual bid'construction costs. The Developer will be responsible to pay for all inspection fees when inspection'is required on Saturday or Sunday. These fees are considered over and above the 3% inspection fee as stated above. Acceptance of the project will not be given until all inspection fees are paid. S - 2 10B-3 ' 3. To delay connection of buildings to service lines or water mains constructed under this contract until said water mains and service lines have been completed to the satisfaction of and accepted by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as • a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. I. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits " or regulatory authorizations granted by the City during the development review process. II. FACILITIES: A. ON-SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the ge G "nte , ha { to the City of Southlake. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. • In the event that certain water lines are to be oversized because of City of 3 10 B-4 Southlake requirements, the City will reimburse the Developer for the oversize cost • greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, approved by the City Engineer, the City, and made part of the final plat as approved by the City Council. The developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. Compliance with the City's Storm Drainage Policy Ordinance does not relieve the Developer of the responsibility of complying with all other applicable laws, including, but not limited to, Section 11.086, Texas Water Code. C. STREETS: (If applicable) Si. If applicable, the street construction in the 2. The Developer will be responsible for: a) Installation and two year Director of lic �SI1L11orks7 3. All street improvements will be subject to inspection and approval by the Get-ef--Southlak-e=Nervverk-wilFbegimen-airrstreet-inelutlecl-hereinvier which they arc programmed. It is understood by and between the 4 10 ,B-5 • It is understood that in every construction projcct a decision later may be C. ON-SITE SANITARY SEWER FACILITIES: • The Developer hereby agrees to install sanitary sewerage collection facilities:to service lots as shown on the final plat of Villag7eCentei, Phase�l to the City of - ' Southlake. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. D. EROSION CONTROL: • •During construction of the subdivision and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydro mulch, etc., to prevent soil erosion., It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the subdivision. . E. AMENITIES: It understood by and between the City and Developer that the may incorporate a number of unique amenities and aesthetic , • home ociation-- 5 10 B-6 C. USE OP PUBLIC RICIIT OF-WAY: • • It is understood byand between the Cityand Developer that the Developer may P P , E. START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: _ 1. Approved payment and performance bonds submitted to the City, in,the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by the City to be paid to the City. 4. The Developer, or Contractor shall furnish to the City a policy of general liability insurance. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or .on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with this agreement or the construction of the improvements.or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, 6• .. 10 'B-7, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and\ competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on • . account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings bought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which' shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bidon public projects,and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, •or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. 7 10 B-8 F. Work performed under the agreement shall be completed within two (2)years from • . the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at -. Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: . A. OFF-SITE AND/OR SEWER PRO RATA: It has been the City's policy to pay the difference between required facilities versus upgraded facilities required by the City to serve future developments. B. OFF-SITE DRAINAGE:' The Developer understandstliaftlie:Drainage"°Orduiance;:Sect on"":6:06 B;requires that each4evelopment contribute-on"a:pro-grata,towards the cosfof replacing cntica1 drainage-structuires dovvnstreatn""fi`oam the development This"developtneiit=is within .� the basin.serviced"bytwo:boxculverts The first culvert:crosses;shady Larie:"�t • approximately;2,800;`feet north of S.H: 114;and°tlie second"culvert"crosses North wY;.n eet t of� .H,'114:"The:Develo er agrees Kunball';A:venue:approxunately,"80��,f north S p agrees to: pay ":$15,103.20 "toward:; the culvert� exp iiw-prior to -Elie begmnmg of • constivctioii? ..___-....�. �............_ ....� C. OFF-SITE WATER C. PARK FEES: The developer agrees to pay the Park Fee of$500 per acre, in accordance with the • Subdivision Ordinance No. 483, Section 7.0. There are approximately 24 acres in Village::Gentet, Pbii eo'2 which would bring the total cost of Park Fee to $a2 0o0. • E. PERIMETER STREET FEE: The Developer agrees to pay the .Perimet , ' , ' - • - on which would require a Perimeter Strcct Fee of$ . • 8 10 B-9 . SIGNED AND EFFECTIVE on the date last set forth below. • DEVELOPER: By: Title: Address Date: CITY OF SOUTHLAKE, TEXAS ID By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: • 9 10B-10 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT • 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The,L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of ' Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) . percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank , to allow the City to ascertain requirements are met. Suitable financial information . would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. - , 6. Partial drawings against L of C must be permitted. The City must be able to draft on sight with proof of amount owed. , , 0 8. , The customer pays any and all fees associated with obtaining L of C. 9. Expiring•letter of credit must be replaced by substitute letters,of credit at least 30 days prior to the expiration date on the L of C held by the City. , ii?ia: _. is 0 :,:„, „ . . . .. : 10 , i0 13-11 .. ® • so . • . 43 /il igTE N AOCAT.Et4 q f•.RUSE d ni LS I 1 .'1rt rrtN w.�.. . ff j ) ' 0 � ��.D.m,K=<f.t,l.R o Q< i l .sOAf,ETK...N�.as..•0..,,N. = a. 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R W)I.SRu 1 •i•-v'. \ Sw• sor s a0u s 1� _ I ••, •••u reef.a w cw A5A ACRES 1 A100 Atha O.eq).a mo.Y O.•04 •I.nN feel I.•.?ew .fry ...WAI �� 1..-el-.sr of mil SMOLA.00.1yRR FINAL PLAT I i; I, I = I I d..¢s.a Ve•.» .r....Nn ....I. r _�._ •i ----� >.. .� nTacw«a VILLAGE s i - 5, BLOCK x -- .ram POB• -"I r _... I I -.------r--�,,..---- -61 ' —— —— W�u.q Nam,On.nee.......).m7 on or 1.w.41-moon.w N cent non ; n • - �— CENTER M I T SOUTBLAXa BLVD. (F�u. 1709) a.wme.ao....elan RECD MAR 2 51996 PHASE 2 fir'R -- - - - - - BEING 21.02E ACRES OUT OF THE O ,{ i o'•^ "'„mac"tsc, �,,,. S„`,.I. 'a'y•^ T. MAHAN SURVEY,ABSTR. No. 1049 7-/x .7 1 .•-•.........-.�.�..Ne..As..Via..: IN THE CITY OF SOUTHLAKE.TARRANT COUNTY. TEXAS ,0 1$C 1e"1 �.�{.�!1 �}.- ' _- ���ty--—--—--—--— .,ya..4..,...•.........d.,,...or .e N DATE:2/25/96 i it d 8�C 1 pl '1.A.FREEMAN SURVEY,ABSTRACT MT.5:9 SHEET )! DEVELOPERS: OWNER: Y eat ra.. ri n L n cos+ ow,.usA.rc .wuut"isu..AL T Mr • ri bio-basscon nao (•.^e'^j.a.w seise 1." n yn www OF ^ al C \\\J City of Southlake,Texas MEMORANDUM April 10, 1996 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Developer Agreement for South Hollow, Phase I The Developer Agreement for South Hollow, Phase I is attached. The usual requirements for performance and payment bonds, letters of credit, or cash escrow are incorporated within the agreement. There are several revisions to the agreement that require Council attention: • Page 1, paragraph B. includes street sign issues. The City will allow 10 percent of the lots to be released for permits, but, the Developer must have securely fastened temporary signs or permanent signs installed. Also added is language regarding additional block numbers and regulatory signs, which must be installed before the addition is accepted by the City. Public Safety needs to have block numbers on street signs to expedite emergency calls. • Page 9, OFF-SITE DRAINAGE: states that Developer agrees to contribute pro-rata in the amount of$21,180.94 (24.098 acres X $878.95 per acre) towards a box culvert in East Continental Blvd. approximately 1,800 feet west of S. Kimball Avenue. • Page 10, PARK FEES: concerns the Park and Recreation Dedication Requirements. The Developer chooses to pay the Park Fee in the amount of$19,500 ($500 per lot X 39 lots). • STREET ACCESS FEES: have been requested in lieu of the Perimeter Street Fee. Council has authorized the utilization of Street Access Fees instead of the Perimeter Street Fee for previous Developers who made the request. The Street Access Fee is collected, normally from the home contractor, on a per lot basis when the building permit is issued. Please place this Developer Agreement for South Hollow, Phase I on the April 16, 1996 for ncil ons. ration. /s Attachments: Developer Agreement Plat Map wp61 I wpdocs Iharper)agenda I shollow.wpd 10 C-1 . ® SOUTH HOLLOW ADDITION,PHASE I DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the Soirth Hollow Addition, Pliasel!, to the City of Southlake,Tarrant County, Texas, hereinafter referred to as the "Addition," for the installation of certain community facilities located/therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 3.9 lots contained within the South,=Hollow Addition,Phase I and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed ® as rapidly as possible, the City agrees to release four (10%) of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied,and street signs with street names are in place.Temporary all-weath iietal signs securely fastened in the ground:are"acceptable until-permanent street sigris;are installed:? The Developer recognizes that the remaining building permits=or any Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including"permanent street signs"with'block numbers.and,regnl"atory:signs;;within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of-the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. 4110 10 C-2 • The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2)years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approves the design and grade of bar ditches,Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup,mowing, ® and erosion control. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: ® -2- 10 (;-3 ® a. Inspection fees equal to three percent(3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street,drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen(15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. -3- 10 C-4 ® I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas,provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the fmal plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further,the Developer agrees to complete this installation in accordance with ® Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements,the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, reviewed by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which,may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. -4- 10 C-5 C. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City Engineer. 2. The Developer will be responsible for: a)Installation and two year operation cost of street lights,which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works.It is understood that Developer may put in signage having unique architectural features,however, should the signs • be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. ® -5- 10 C-6 E. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. F. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydro mulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works,there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer,the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from ® the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. G. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes,unique landscaping,walls,and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture,pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any -6- 10 C-7 ® circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. START OF CONSTRUCTION: Before the construction of the streets, and the water, sewer, or drainage facilities can begin,the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement executed. ® 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance,naming the City as co-insured,prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted,brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify,hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever,brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly 4110 -7- 10 C-8 ® safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection,the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may ® arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof,to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract,the Developer agrees to employ a construction contractor who is approved by the City, and whose:approval shall not be unreasonably withheld or delayed, said contractor to meet City,and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof In the event the work is not completed within the two (2) year -8- 10 C-9 ® period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense;provided,however,that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgment by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. OFF-SITE AND/OR SEWER PRO-RATA: A. OFF-SITE DRAINAGE: The Developer understands that the Drainage Ordinance, Section 6.06-B, requires that each development contribute on:a pro-rata basis towards the cost of replacing critical drainage structures downstream from the development. This development is within the basin served by the box culvert in East Continental Blvd. approximately 1,800 fee west of"S."Kiniball Avenue. The Developer agrees to pay $21,180.94" toward the culvert expense prior to the beginning of construction. C. OFF-SITE WATER: ® -9- 10 C-10 SWater facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs,materials and engineering. In the event that certain water lines arc to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost. B. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Ord.),Article VII, Park and Recreation Dedication Requirements. The Addition consists of 39,lots for a total required park fee of$19;500 E. PERIMETER STREET ORDINANCE The Developer agrees to pay the Perimeter Street Fcc of $ . Ordinance No. 494. Approximately feet of the development abuts on , which will require a Perimeter Street Fee of$ C. STREET ACCESS FEES110 : The:Developer and-the City:.each agree arid acknowledge that the property"made subject tdthis agreement is subject to an existingperimneter streetfee,which would be required at the tune of the preconstruetion. conference:" The Developer has requested that as an alternative to the payment of the perimeter "streek the property within the Addition will be subject to a roadway impaet Tee, which,the City is anticipating during the fiscal 1995196 budget year., The Qity has agreed to Developer's request and all lots within the Addition"shall"be assessed a roadway impact fee at the time the roadway:'impact fee is adopted,aifd collected-when a valid:building.permit is issued In the eventthat building permits are requested prior-toNadeptietiof the""irripacf"fee,.a fee:equal to the roadway:impact fee shall be.Tcollected.'Any variation between the:anticipated arid actual fee Shall.be"collected"prior to,the issuance-'of a certificate of occupancy. The Developer agrees arid'acknowledges that:this obligation shall be binding upon his "successors in interest.; 1110 -10- 10 C-li • D. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: Vista Oaks Development By: Steve Gee Title:President Address 1431 Greenway Drive Suite 770, Irving, Texas 75038 Date: • CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: c. wp611 wpdocsldevagreelshollow.wpd • -11- 10 C-12 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit(L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six(6%)percent, and has,been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 07. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. 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J011 2,N GIESoi\ : ,i oto',c, • IA . \.,c 31 „.1 Y A-591 & .4Ap. 16 • 3 .5, • • I 1 e RIAL' 4E .41y4frk \k - • . 17.10 AcJ ' 1 1°94, Il .. _ TRACT MAP .--A \ \ \ —... ,,,,,,, s.,---) ,. tVENPONT i i SC,.. 10 C-15 ° ... C H-1-41 AT '',.•.,--,..„. cr .37 ..Li .r) V.:-....1..-•:.U.,.....„........... "Ae . L.....,Z77 1-014 . , • . CONSULTIN .• City of Southlake,Texas MEMORANDUM • April 11, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Commercial Developer Agreement for Schlotzsky's (W.R. Eaves No. 500 Addition, Lot 1) The commercial developer agreement for Schlotzsky's is attached. There are three lots platted within this Addition, but only one lot (Schlotzsky's) is to be developed at this time. The amendments to the standard commercial developer agreement are: • On pages 2, 4, 5 and 6 contains strikeouts because there are no public streets or public drainage facilities to be constructed. • Page 8 OFF-SITE AND/OR SEWER PRO RATA: There is to be a sewer extension from the S-2 Sewer Line on Randol Mill Avenue. The Developer is acquiring the necessary • easements and will construct the sewer line to Schlotzsky's. • Paragraph B. OFF-SITE DRAINAGE: This site will drain toward the Union Church area. The pro-rata charge to construct a box culvert in Union Church is $212.61 per acre. Based upon one acre, the drainage pro-rata is $212.61. • Paragraph C. PARK FEES: Developer agrees to pay the park fee of$500 per acre. There is approximately one acre for Schlotzsky's Addition, therefore the park fee is $500. • The abutting street along Schlotzsy's Addition is F.M. 1709, therefore, there will be no perimeter street fee. Please place this Commercial Developer Agreement on the April 16, 1996 Council agenda for consideration. BW/sm Attachments: Agreement Plat 10 D-1 • SCHLOTZSKY'S (W.R. EAVES NO. 500 ADDITION, LOT 1) COMMERCIAL DEVELOPERS AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the undersigned Developer, hereinafter referred to as the Developer, of Sohlotzs Ts , .R—Eave§, No 500—Addition,:TLaf I)to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to ilotzsky's (W:R:Eav_es Noo:,,500 Addition;Lot=•1)7.i a commercial development, and to the off-site improvements necessary to support the subdivision. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the subdivision if the Developer fails to complete the work within two (2) years of the signing of this agreement between the City and Developer. All bonds should be approved by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of twd (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any • required maintenance. 10 D-2 D. It is further agreed and understood by the parties hereto that upon acceptance by • City, title to all facilities and improvements mentioned hereinabove, which are intended to be public facilities, shall be vested in the City of Southlake and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. F. On all public facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: 1. To pay to the City three (3%) percent of the construction cost for inspection fees of the public water, , and sanitary sewer. 2. To pay to the City two (2%) percent of the construction cost for Administrative Processing Fee for public water, streets, drainage facilities, and sanitary sewer. following-test-ing-fees-and-the-Develeper-will-be-msperisible-te-par for-all a) All nuclear density tests on the roadway subgradc (95% Standard). b) All gradation tests required to insure proper cement and/or lime stabilization; c) Technicians time for preparing concrete cylinders; d) Concrete cylinder tests and concrete coring samples. Charges for retesting as a result of failed tests will be paid by the Developer. Fees are payable prior to construction of each phase, based on actual bid construction costs.. The Developer will be responsible to pay for all inspection fees when inspection is required on Saturday or Sunday. These fees are considered over and above the 3% inspection fee as stated above. Acceptance of the project will not be given until all inspection fees are paid. • 2 10 D-3 • 3. To delay connection of buildings to service lines or water mains constructed under this contract until said water mains and service lines have been completed to the satisfaction of and accepted by the City. G. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, tl:e City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. H. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. I. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as II/ a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. J. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake. K. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the to the City of Southlake. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City of Southlake requirements, the City will 3 10 D-4 • reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, approved by the City Engineer, the City, and made part of the final plat as approved by the City Council. The developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: (If applicable) 1. If applicable, the street construction in the to the requirements in Ordinance No. 217. Streets will be installed in aceordance with plans and specifications to be prepared by the Developer's engineer and approved by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year , color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation Control Devices and as directed by an engineering study performed by the erP ahlie `I or 3. All strcct improvements will be subject to inspection and approval by the All water, sanitary sewer, and storm drainage utilities which arc anticipated to be installed within the street or within the street right-of-way will be section of street in which the utility improvements have been placed or for which they arc programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. 4 10 D-5 ® It is understood that in every construction project a decision later may be made to realign a lint or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of Schlotzsky's (W:R."Eaves No. 500, Addition) to the City of Southlake. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. E. EROSION CONTROL: During construction of the subdivision and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to ® prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the subdivision. F. AMENITIES: It understood by and between the City and Developer that the may incorporate a number of unique amenities and aesthetic incorporate specialty signagc and accessory facilities.. The Developer agrees to specialty items such as walls, vegetation, signagc, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners-association..-- • C. USE OF PUBLIC RIGHT-OF-WAY: 5 10 D-6 ® It is understood by and between the City and Developer that the Developer may , irrigation, lighting, etc., for the enhancement of the addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these , , H. START OF CONSTRUCTION: Before the construction of the water and sanitary sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds submitted to the City in the name of the City prior to the commencement of any work. 2. At least six(6);five (5) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by the City to be paid to the City. 4. The Developer, or Contractor shall furnish to the City a policy of general liability insurance. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with this agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. 6 10 D-7 • B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings bought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. r. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the agreement shall be completed within two (2) years from S the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter 7 10 D-8 • of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. OFF-SITE AND/OR SEWER PRO RATA: It has been the City's policy to pay the difference between required facilities versus upgraded facilities required by the City to serve future developments. B. OFF-SITE DRAINAGE: The Developer;undersfaridswtha llie'Draihage µOrdinance, Section 670643, requires that each development contribute on:a pro-rata basisYtowards the cost of replacing critical drainage structures downstream fiom the development.„ This developinenfi �s.wi t e basin in`UiuonYChureh Road. T1ie Developer;agrees to pay $272:6Ij toward-drainage pro-rata:� C. OFF-SITE WATER: C. PARK FEES: The developer.agreesWOwpay-the Park'Fee- $500per acre, iri accordanceY with the Subdivision OrdmanceNo 483-,~Section? 0 There is approxunafely:one acxe_ii Schlotzky's wliich would-briiiplie fofaicastof Park Fee toM$500:i E. PERIMETER STREET FEE: The Developer agrees to pay the Perimeter Street Fcc of $50,000/milc, in accordance with Ordinance No. 494. There arc approximately_feet of frontage on which would require a Perimeter Strcct Fee of$ . SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: • Title: 8 10 D-9 • Address Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary • Date: c. • 10 D-10 9 • 111 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. ID 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. c:Iwpftlesldevagreelcmercial III 10 D-11 10 •• ao • _.._ . ___ ____ ___ / AMaD_ � VOL 7L1;PO.AIL DAT.cT. �, 7 fe as Roe O� • mvl.MEADOW PRASE TWO IIIHIH(II I I C!N(TY H a� COR11R MWaOM • CARNET A SIDE 2180,PALMY. CUPRIC leata-MT R.TS 7' /HD.A SSIDE=atlAL�T M.A.W , Ass., , vaun..rnmlumr �y ,. agl /1r/ j / ��'-� SC,h1ofLK11S wL.iii°ia'.iRoateT. /*o•19-/ ��� 'bra _ / roe . / `h A. CORNER ADDITION 7V LOT 3 / c.a.A SIDE.II.?ATt.t a / (Myer w.TT) y } r,-' omen •°'m'^ / ? } LOT 1 e/J/ (bAOO SO.rTJ ,5 / (/ O .......7 ; k ' "uein� an ui2nE �� Y �! .maa...m �- LOT 4 rAT.cT. --�— 1.,r...a., .fr i � 5 51.(r so• r-435.39. .POW= O 2.P • --5- WEST SOUIHtMO=BOULEVARDn(F.N.e1709) —•��-�,� �r r (130.0.0.x.) r �+j�rOO _r uruso sae a'uT1un ort.��• - - 8 � \ VISAn A C 11 J1.T.C.T. —_---- _ �1 JOIST DNSRESIDENT �T e.eIAIX 1 APPROVED ROMANCE nxranr,PRATE TWO —74 LEST r. elm,i IAT e.O,DO(L I LEST T.OLDER 2 rue a.m. LOT.,ELM(i `LOT 1, 2 AND 3, W.R. EAVES No. 500 ADDITI0. srounv+¢a0ssrfr.rA st. •w• P,/ LOT 3R ,DT 2R (:1B•iQ A SIDE INK•,rALCi. wmlua uernlle,PRASE i •• •r 3.35! ACRE TRACT b•'3 RSleaEt A SLIDE 1.15.vxt.cT. 11a CM a mimes¢MINA TES nnrt n aala MM..Velar rue mAC•IX m INA CM O w M.n MINACONTAIN 111111111 AIM, TM Men d.M nl.1. n.-TIOO n Y><a PPP, is Ma WI.a TM now MOM.Ira..Ia p""`.T TM TIM TM W.R.EAVES SURVEY,ABSTRACT NO.500 ter.RAM ALL m.r Iem rNMTD rl n I•TILES M MY 1.IOW.TO OnOL TMCITIOM.IBM rma Ter r TraMT, TOES aor.MY•tsr R w.ra¢t TOMS..IIeIN rum 0111ES1A / aWO 1p.110 M101•l•me• 11 TMT • MTO11 7.174. L!. • y ."Te,Or 21 nn OTT V.Ina.a.nMrI1Ml/.laY. (J y..y1y4,,�y tl+,eM • n(al A is M GM. MTY daI•EdwV�4,10. . it n MOO.uLn IAae 1.1.••.. 1 IW r.��ry�i �w,� i•Me f:••rb�.•MIJw Tr�..n~M v. w r..1 1••r ..•n•.e•M •�wi Xn'=r .. ...nf..•t w •M••1T 1 N�n.a.Y w•1.4.I•i.r.r..•.....Au Ire•I...,. i,•;ow.M,Y.•. T fw,M APPROVED 87 THE PLANNING AND ZONING C01,S,ISSION ••••••we awe'•Iµ(1.Irir•..r1W.•lnlrr w.r L1.•...wise...•n..1•..•aL r .. •a.• r raw*sly sly•..n+ area n 1Wr.•SimM:rg,T.,ren•wow. Teem mn• w "Cass Na.V.II-TD• r 4s....x em It 11n.."•I..I,. i• rr"'».:.� ..Y r'runRncw' r. .Mn i r.1. I:. �.In.�seas b. MI.seers 1. urn id`1..a nr.I, .o. r1.0 a 7 ^.: ..n.r..a..r a..1......, ewlrrae n 1.p. •.�". frr.w r.,•.�.1...•..r '•.r D.--.r,..,•.. Mn.,luen •r.. :irr..,•1nR .. „•..I,r e ass. . .r• I:s%wir r;a�wiwii..'�,.ni rs 4 w!Cr a..n1r. ••1•ayrL.4ID.n�AS..me.in '•i ' r;1z 0"...: ....- :~ i•.--,�� •.�s.•, r.,•.i u.1•r IM sir ii..R.....•1.arn.e..e.. •THY g,,,, •., ..•.,..r,.e.I...•..l•.,r•I.. !.2 Smavwrr pi.•wl.rr Tiotr Amen YI�w al a r..••wr4...All.1 wwrly OW 1a• ..._p 1•••^•M_• Ile APPROVED BY THE COT?COUNCIL Ile I? reel••••In In..•.,•�•a_1• •/;/!••sew Z'iali ri•"•:"•ir"—Inv rr..Y�S•e't ran w r... - •vI. a PM ice• • wl•J• •I�,.M ir+..1 I• W S•�ii .P.l•• 4 I !O a 4r•.Y MT. TIN r•r•••yy a•••.••.•ti•r•I"iw• ..•~i..M we flmlla mh.....4 � 1Mir•il.u4w�"i•.i.n, 14..•u. auaw.u•rvna,Ore PPP H}IM OP PT sell i „• ...se.• 'T.•.s... s.w a.a:.s�.,Ir�..,r ow LIMO)Ill I•.1� .Alm w mta.ra.w_•.•r ••.r10�imnm PT.n arm DAY/D C. ARM' ryppi' _a-w Se amen M.W MYMe Me... .-01.o 1.•f1 • :CI i i S�/vlrr//. Mt e CM LOWIIMTI •;IlM lrmi nu,. f.. Ir .Y • pn)M-•n1 m•w MS r• •1•nwnMn.... ' w 1.71:L 1.:••�:.:"VIL.'"r..r IZ.....1 l r..inr—r I iwr v{TMVw M.o n Ise �i u e~...Ii•for w ST.T.TT.o. PM.11-06-10011 Liw M. n+.••Ii '6sl.i.17,ti1 - aal[u1M rue .r. Mile'. w. . -'; City of Southlake,Texas MEMORANDUM April 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Director of Parks and Recreation SUBJECT: Consider Naming of Newest City Park (West Beach) As you know, the Parks and Recreation Board has been soliciting names from the community since early February. The Parks and Recreation Board will consider recommending to the City Council options for naming the newest city park (West Beach) on Tuesday, April 16. The Board had to continue their April 8 meeting on April 16 at 7:00pm, in The Lodge. Attached is an updated list of the names under consideration. Staff will contact City Hall with the recommendation as soon as the Board makes it, so the City Council can take action on its April 16 agenda. Please place this item on the April 16 City Council Agenda to consider naming the newest City Park. Please call me at 481-5581 ext 757, if you have any q uestions. dl dAht KM .. ill to i ORDINANCE NO.f°57 AN ORDINANCE RELATING TO THE REGULATION OF THE USE AND DEVELOPMENT OF LAND IN THE INCORPORATED LIMITS OF SOUTHLAKE, TEXAS; IMPOSING AN IMPACT FEE ON LAND DEVELOPMENT IN SOUTHLAKE FOR PROVIDING WATER AND SEWER. WASTEWATER FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; PROVIDING ROADWAY IMPROVEMENTS TO SUPPORT NEW DEVELOPMENT; STATING THE AUTHORITY FOR ADOPTION OF THE ORDINANCE; PROVIDING DEFINITIONS; PROVIDING FINDINGS AND DECLARATIONS OF THE CITY COUNCIL; PROVIDING FOR THE ASSESSMENT, PAYMENT AND TIME OF PAYMENT OF A WATER AND SEWER WASTEWATERY FACILITIES IMPACT FEE; PROVIDING FOR THE ;�..:a-kc ASSESSMENT,` PAYMENT AND TIME OF PAYMENT OF A ROADWAY IMPACT FEE; PROVIDING FOR REVIEW OF WATER AND &EWER WASTEWATER FACILITIES IMPACT FEES AND THE FEE SCHEDULES; PROVIDING FOR THE PLACEMENT OF REVENUE COLLECTED FROM WATER AND -SEWER WASTEWATER FACILITIES IMPACT FEES AND ROADWAY IMPACT FEES INTO WATER AND SEWER WASTEWATER FACILITIES IMPACT FEE ACCOUNTS AND ROADWAY IMPACT FEE ACCOUNTS ESTABLISHED FOR THAT PURPOSE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR REFUND OF UNEXPENDED FUNDS; PROVIDING FOR USE OF FUNDS DERIVED FROM WATER AND SEWER WASTEWATER FACILITIES IMPACT FEES AND PROVIDING IMPACT FEES; PROVIDING THAT WATER AND -SEWER WASTEWATER FACILITIES IMPACT FEES AND PROVIDING IMPACT FEES MAY BE PLEDGED TOWARD PAYMENT OF BOND ISSUES AND SIMILAR DEBT INSTRUMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is responsible for and committed to the provision -of public facilities and services at levels necessary to cure any existing public service deficiencies in already developed areas; and WHEREAS, such facilities and service levels shall be provided by the City utilizing funds allocated in the capital budget and • slake\impactfee.ord (03/19/96) -1- 7 Ya capital improvements programming processes and relying upon the funding sources indicated therein; and WHEREAS, new residential and nonresidential development causes and imposes increased and cxccssivc demands upon City public facilities and services, including water and acwcr wastewater facilities, and roadways, that would not otherwise occur; and WHEREAS, planning and zoning projections indicate that such development will continue and will place ever-increasing demands on the City to provide necessary public facilities; and WHEREAS, the development potential and property values of properties is strongly influenced and encouraged by City policy as expressed in the Comprehensive Larid-:Use Plan and as implemented via the City zoning ordinance and map; and WHEREAS, to the extent that such new development places demands upon the public facility infrastructure, those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public at large to the developments actually creating the demands for them; and WHEREAS, the amount of the impact fee to be imposed shall be determined by the cost of the additional public facilities needed to support such development, which public facilities shall be identified in a capital improvements program, and slake\impactfee.ord (03/19/96) -2- x � WHEREAS, the City Council, after careful consideration of the matter, hereby finds and declares that impact fees imposed upon residential and nonresidential development to finance specified major public facilities in designated service areas, the demand for which is created by such development, 3s are in the best interests of the general welfare of the City and its residents, -s are equitable, and does not impose an unfair burden on such development; WHEREAS, in 1987 the Texas Legislature adopted Senate Bill 336, now codified as Chapter 395 of the Local Government Code, providing guidelines and requirements for the adoption of impact fees; and WHEREAS, the City Council finds that in all things the City has complied with said statute in the notice, adoption, promulgation and methodology necessary to adopt Impact Fees; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : SECTION 1 SHORT TITLE This Ordinance shall be known and cited as the Water, Scwcr Wa"stewatet and Roadway Impact Fee Ordinance. SECTION 2 INTENT This Ordinance is intended to impose water, wastewater and roadway impact fees, as established in this Ordinance, in order to slake\impactfee.ord (03/19/96) -3- r r finance public facilities, the demand for which is generated by new development in the designated service area or areas . SECTION 3 AUTHORITY The City is authorized to enact this Ordinance by Chapter 395 of the Texas Local Government Code, and its successors, which authorize home-rule cities, among others, to enact or impose impact fees on land within their corporate boundaries or extraterritorial jurisdictions, and to persons with whom they have a water or ccwcr wastewater, service contract, as charges or assessments imposed against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to such new development; and by the Southlake City Charter. The provisions of this Ordinance shall not be construed to limit the power of the City to adopt such Ordinance pursuant to any other source of local authority, nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this Ordinance. Guidelines may be developed by resolution or otherwise to implement and administer this chapter. slake\impactfee.ord (03/19/96) -4- � c SECTION 4 DEFINITIONS As applied in this Ordinance, the following words and terms shall be used: (1) Assessment - The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this Ordinance . (2) Building Permit - Written permission issued by the City for the construction, repair, alteration or addition to a structure. (3) Capital Construction Cost of Service - Costs of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney' s fees, and expert witness fees) , and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the City. (4) Capital Improvements Advisory Committee (Advisory Committee) - Advisory committee, appointed by the City Council, consisting of at least five members, not less than 40 percent of which shall be representatives of the real estate, development, or . building industries which are not employees of the City, and, if impact fees are to be applied within the extraterritorial jurisdiction of the City, including one member representing the extraterritorial jurisdiction; or consisting of the Planning and Zoning Commission, including one regular or ad hoc member who is not an employee of the City and which is representative of the real estate, development, or building industry, and, if impact fees are to be applied within the extraterritorial jurisdiction of the City, one representative of the extraterritorial jurisdiction area; which committee is appointed to regularly review and update the capital improvements program in accordance with the requirements of Chapter 395 of the Local Government Code, and it successors. slake\impactfee.ord (03/19/96) -5- (5) Capital Improvements P-regr Pl l (CIP) - Plan which identifies water, ;mod wastewater : ;,,ari_dK;roadway capital improvements or facility expansions pursuant to which impact fees may be assessed. (6) City - City of Southlake . (7) City Council (Council) - Governing body of the City of Southlake . (8) City Public Works Director (Director) - Public Works Director of the City of Southlake. (9) Commercial Development - For the purposes of this Ordinance, all development which is neither residential nor industrial. (10) Comprehensive Plan (Master Plan) - The comprehensive long-range plan, adopted by the City Council, which is intended to guide the growth and development of the City which includes analysis, recommendations and proposals for the City regarding such topics as population, economy, housing, transportation, community facilities and land use. (11) Credit - The amount of the reduction of a impact fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed. (12) Existing Development - All development within the service area which has a water or wastewater tap on the City' s water or acwcr wastewater system; gr:.which.hasaccessw;to the City :"roadway-sys.t;em as of the date of the adoption of this Ordinance . (13) Facility Expansion- - The expansion of the capacity of an existing facility which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development . (14) Final Subdivision Plat - The map, drawing or chart meeting the requirements of the City' s Subdivision Ordinance on which is provided a subdivider' s plan of a subdivision, and which has received final approval by the slake\impactfee.ord (03/19/96) -6- 1 L Planning and Zoning Commission or City Council and which is recorded with the office of the County Clerk. (15) Growth-Related Costs - Capital construction costs of service related to providing additional service units to new development, either from excess capacity in existing facilities, from facility expansions or from new capital facilities . Growth-related costs do not include : (a) Construction, acquisition, or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan; (b) Repair, operation, or maintenance of existing or new capital improvements or facility expansions; (c) Upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental, or regulatory standards; (d) Upgrading, updating, expanding, or replacing existing capital. improvements to provide better service to existing development; (e) Administrative and operating costs of the City; and (f) Principal payments and interest or other finance charges on bonds or other indebtedness, except for such payments for growth-related facilities contained in the capital improvements program. (16) Impact Fees - Fee to be imposed upon new development, calculated based upon the costs of facilities in proportion to development creating the need for such facilities. Impact fees do not include dedication of rights-of-way or easements, or construction or dedication of site-related water distribution or wastewater collection facilities or internal roadways required by other ordinances of the City Code; or lot or acreage fees placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or ocwcr Wastewater mains or lines; or ".participation", fees`'charged as,.part:o t e:,Neig or oo" 'S:ewer "Program. slake\impactfee.ord (03/19/96) -7- (17) Industrial Development - Development which will be assigned to the industrial customer class of the water or wastewater utilities; generally development in which goods are manufactured, or development which is ancillary to such manufacturing activity. (18) Land Use Assumptions - Description of the service area and projections of changes in land uses, densities, intensities, and population therein over at least a 10- year period, adopted by the City, as may be amended from time to time, upon which the capital improvement plans 4 are based. (19) Living Unit Equivalent CLUE) - Basis for establishing equivalency among and within various customer classes=7a4d hand-" :us;es=- ==-Fbr-'taat_e_r- and'=wastewa_tart=;uses7,7=>.ant.LUE"::. s based upon the relationship of the continuous daily maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous daily maximum flow rate in gallons per minute for a 1" diameter simple water meter, using American Water Works Association C700-C703 standards . LUE' s for water mctcrs arc as follows : • METER SIZE TYPE LUE' s 5/8" Simplc 0 .4 3/4" Simplc 0 . G 1" Simplc 1 . 0 1 1/2" Simplc 2 . 0 2" Simplc 3 . 2 2" Compound 3 .2 2" Turbinc ' 4 . 0 3" Compound 6 .4 3 " Turbinc 9 . G 4" Compound 10 . 0 4" Turbinc 16 . 8 G" Compound 20 . 0 6" Turbinc 3G . 8 8" Compound 32 . 0 8" Turbinc G4 . 0 10" Compound 46 . 0 10" Turbinc 100 . 0 12" Turbinc 132 . 0 The-,table::':of ;equivalencies for water"" and- wastewater is, yinc]:ucTedwiri Exh .bx D-'1`" slake\impactfee.ord (03/19/96) -8- (20) New Development - Subdivision of land; or the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units for water,wastewater or roadway services . New development includes the and purchase of a new water or wastewater tap. New development includes the sale of water taps resulting from the conversion of an individual well to the City' s water utility and includes the sale of wastewater taps resulting from the conversion of an individual septic or other individual waste disposal system to the City' s wastewater utility. (21) Offset - The amount of the reduction of an capital rccovcry f cc -impact i fee designed to fairly reflect the value of system-related facilities, pursuant to rules herein established or administrative guidelines, provided and funded by a developer pursuant to the City' s subdivision regulations or requirements . (22) Residential Development - A lot developed for use and occupancy as a residence or residences, according to the City' s zoning ordinance. 3)1 RCiadray7 Faculty <';= " 'Improvement -for providing roadway service including;-:;but" not= limited-to 'pavement;µ right- of-way;;.';drainage'".and- :traf f ic' control devicee':—;"Roadway facility excludes "roadways;v`.wYi cYi T"::'0dn tructed:7- developers ':th.e;' co"sas"--"of "which=;~yar_e. reimbursed"F;_from char-ges- 'pad"T"b; diet entT-yusers.`'""of7="the.Tfac lr t" e Roadway fac -pities; al'�so:;7e71Calude:'470d- cats on:of�"ra' �ht . .. ... �'�u.- :g;. , . ..,,.. gam, s=cif-= e sements or... :construc : on or. "_;.. site :roadways 7t6— wired`"-by" val=id ord riances":of�"t�ieT;CtYof Southlake arid' recess"hated and attributable to:"tI e 'new development:' :'(:24); Roadtal-W FacilityEitparisio :- -Expansion:of;;the'=capacity,;;of, any "eX"i s"t 1—rig---;"roadways"improvement'?="f or=Ttl e :�_pur rose µ:"o f serving =:;:;rievu .developm"erit;:�:Triot7 : r 1ud rig :the; -re" "a-ir ' may ntenarice '"modernization TorT'expans 'ori<:7of:--:the;'existing roadvaay`-7facility;'to;° serve-existing-'deve•lopment- 25 y Roadway Improvements'Plan '_.. Portion of the as.:Oay. be amended :from;Wtithe to;"'time;`"`whicbT identifies ""the .roadway f:ac11 itleSx":or::;::roadWay4'E'Xpansiope' ;,arid;"";,their"%.:associated cost`sr' which " =area riecess -tested 7 `' and,-- "wh- c1177—are slake\impactfee.ord (03/19/96) -9- at;tr butable,R,eto rl,ewP; deuelopmeritt;,:"34nd s,Wh= eh, _are; "tq,;.r b,"e financed yin:1whoor'. insa5"art :thrbu" Y ;the, rimy 5oston; of roadway impact fees pursuant to this Ordinance . (23-6) Service Area - Area within the corporate boundaries to be served by the capital improvements or faciliticsy expansions specified in the capital improvements program plan applicable to the service area. (27) Service Unit - Standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements or facility expansions. , cxprcsscd in living units cquivalcnt . (28) Site-related Facility - Improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of water or wastewater facilities to serve the new development, and which is not included in the capital improvements plan, and for which the developer or property owner is solely responsible under subdivision and other .applicable regulations. (29;) System-related Facility - A capital improvement or facility expansion which is designated in the Capital Improvements Plan and which is not a site-related facility. A system-related facility may include a capital improvement which is located offsite, within or on the perimeter of the development site. (50) Tap Purchase - The filing with the City of a written application for a water or wastewater tap and the acceptance of applicable fees by the City. The term "tap purchase" shall not be applicable to a meter purchased for and exclusively dedicated to fire protection. (:31) Wastewater Facility - Improvement for providing wastewater service, including, but not limited to, land or easements, treatment facilities, lift stations, or interceptor mains . Wastewater facility excludes wastewater lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts . Wastewater facilities also exclude dedication of rights-of-way or slake\impactfee.ord (03/19/96) -10- easements or construction or dedication of on-site wastewater collection facilities required by valid ordinances of the City and necessitated by and attributable to the new development . (32) Wastewater Facility Expansion - Expansion of the capacity of any existing wastewater improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing wastewater facility to serve existing development . (33) Wastewater Improvements Plan - Portion of the CIP, as may be amended from time to time, which identifies the wastewater facilities or wastewater expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this Ordinance. (34) Water Facility - Improvement for providing water service, including, but not limited to, land or easements, water supply facilities, treatment facilities, pumping facilities, storage facilities, or transmission mains. Water facility excludes water lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Water facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site water distribution facilities required by valid ordinances of the City and necessitated by and attributable to the new development . (35!) Water Facility Expansion - Expansion of the capacity of any existing water improvement for the purpose of. serving new development, not including the repair, maintenance, modernization or expansion of an existing water facility to serve existing development. (36) Water Improvements Plan - Portion of the CIP, as may be amended from time to time, which identifies the water facilities or water expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part slake\impactfee.ord (03/19/96) -11- • through the imposition of water impact fees pursuant to this Ordinance. (37). Vehicle Mile =A unit' ,-used to express- -both supply. and demand provided)by, 'and placed on, the roadway _system. A combination of a number of vehicles travelling during a, •,given ; time .period ;;.and the distance : in which -;:these vehicles ;travel in ;mile"s:.' SECTION 5 APPLICABILITY OF IMPACT FEES A. This Ordinance shall be uniformly applicable to new development which occurs within the corporate limits of the city and its extraterritorial jurisdiction. B. No new development shall be exempt from the assessment of impact fees as defined in this Ordinance. SECTION 6 IMPACT. FEES AS CONDITIONS OF DEVELOPMENT APPROVAL No application for new development shall be approved within the City without assessment of impact fees pursuant to this Ordinance, and no water and wastewater tap shall be issued and no building permit shall be issued unless the applicant has paid the applicable impact fees imposed by and calculated hereunder. SECTION 7 ESTABLISHMENT OF WATER AND WASTEWATER SERVICE AREAS AND ROADWAY SERVICE AREAS A. The water and wastewater service areas are established as shown on the Water-and- Wastewater Service Area Map which is Exhibit A=1; for this Ordinance. The roadway service areas are established slake\impactfee.ord (03/19/96) -12- as shown on the Roadway =Service Area Map, which is Exhibit Er k!:? for this Ordinance. B. The service areas shall be established consistent with any facility service area defined in the CIP (Exhibit:;C), for each utility or facility. Additions to the service area may be designated by the City Council consistent with the procedure set forth in Chapter 395 of the Local Government Code and its successors . SECTION 8 LAND USE ASSUMPTIONS Land use assumptions used in the development •of the impact fees are contained in Exhibit E B of this Ordinance. These assumptions may be revised by the City Council according to the procedure set forth in Chapter 395 of the Local Government Code and its successors. SECTION 9 SERVICE UNITS A. Service units are established in accordance with generally accepted engineering and planning standards . B. Service units for water and wastewater fees shall be calculated based on living units equivalent as determined by the size of the water meter (s) for the development, or alternatively, as approved by City Council, based on the recommendation of the Director as a result of an engineering report prepared by a qualified professional engineer licensed to perform such slake\impactfee.ord (03/19/96) -13- professional engineering services in the State of Texas, which demonstrates that the number of LUE ' s of service for the new development will be different than those indicated by the size of the water meter. C. If the Director determines that the water pressure in the ' City' s transmission main is significantly higher or lower than standard pressure such that the size of the water meter is not indicative of actual service demand, the Council D4wae:tol may adjust the number of LUE' s based on a smaller or larger sized meter which more accurately reflects the flow rate and the system pressure conditions. D. If a fire demand meter (tap) is purchased for a property, the meter size utilized to calculate the number of LUE ' s shall be the dimension of the portion of the fire demand meter which reflects the meter size which would provide only domestic service to the property. Said reduced meter size shall then be utilized to calculate the number of LUE' s. • 1 . The meter types used to calculate the number of LUE ' s shall be either simple, compound of tutbirie meters . 2 . To avoid the use of fire flow volumes for domestic usage, the owner of any property for which a fire demand meter is purchased shall be required to execute a restrictive covenant on a form approved by the City Attorney, which covenant shall acknowledge the right of the City to assess slake\impactfee.ord (03/19/96) -14- such fees to subsequent owners of the property. Said covenant shall be executed prior to the purchase of the fire demand meter and shall be filed in the deed records of the County. E. Upon wastewater tap purchase for lots for which no water meter has been purchased, service units shall be established based . W 1".".:.,water "meter .unless' other` data`: is submitted by a professional engineer licensed in the State of Texas, and shall be reviewed and approved by the Director and shall bc presented to Council, which shall designate the appropriate number of service F. The standard service unit of m asurcmcnt for roadways i3 a - - al roa- y—e re--x il-e—in le th an provide approximately G50 vehicle mils of supply. A single family residential household or living unit equivalent (SFLUE roadway) will generate 2 . 85 vchicic mild of demand. Under this method of analysis one mile of a single lane of roadway will bc re - �e gel 28—sinngle fa ill h_...e_. A; single family`;"residentia'l -household"will .generate "2 85,"vehicl:e ";mires: of demand;: " Other" development's :=wi141; generate-^demand` based;:upon-,:size an type'" of d"evel"opmerit,: "'; TYie"demand"" factors""wilh `bey-fqurTd -in:-the Table;-;�df-,,Equivalenc es'';forTroadways; which? s7Exhib t, p.F . G: --.The 'demand factors' will ;^be" -:fbiind `.in .the "Table' ` of Equivalencies--for"."water and.""wastewater is:.included as-:Exhibits: D-1.; : for?roadways-.;,Ekh-ib -AY=2 slake\impactfee.ord (03/19/96) -15- GH. The City Council may revise the service units designation according to the procedure set forth in Chapter 395 of the Local Government Code and its successors . SECTION 10 IMPACT FEES PER SERVICE UNIT A. The maximum impact fee per service unit for each service area shall be computed by dividing the growth-related capital construction cost of service in the service area identified in the capital improvements plan for that category . of capital improvements, by the total number of projected service units anticipated within the service area which are necessitated by and attributable to new development, based on the land use assumptions for that service area. Maximum assessable impact fees per service unit for each service area shall be established by category of capital improvements and shall be set forth in Exhibit G E=1' to this Ordinance. B. Maximum assessable fees in Exhibit E=13 may be amended by the City Council according to the procedure set forth in Chapter 395 of the Local Government -Code and its successors . C. Currcnt Collected fees shall be set forth in Exhibit G :E 2 to this Ordinance, and shall not exceed the maximum fees also set forth in Exhibit E-1. Current collected fees may be amended by the City Council from time to time, provided they do not exceed the maximum assessable fees . slake\impactfee.ord (03/19/96) -16- SECTION 11 ASSESSMENT OF IMPACT FEES A. The approval of any subdivision of land or of any new development shall include as a condition the assessment of the impact fee applicable to such development . B. Assessment of the impact fee for any new development shall be made as follows : 1 . For a development which is submitted for approval pursuant to the City' s subdivision regulations following the effective date of this Ordinance, assessment shall be at the time of final plat rccordation approval, and shall be the value of the impact fee per service unit then in effect, as provided in Exhibit € E1 as set forth in Section 10 (A) . The City may provide the subdivider with a copy of Exhibit E E1 prior to final plat approval, but such shall not constitute assessment within the meaning of this Ordinance . 2 . For a development which has received final plat approval prior to the effective date of this Ordinance 510 and for which no replatting is necessary prior to water tap purchase, assessment shall be upon water tap purchase, and shall be the value of the water and ocwcr wastewater or roadway impact fee per service unit set forth in Exhibit E E- 1 . slake\impactfee.ord (03/19/96) -17- 3 . Because fire protection is of critical concern to the community as a whole, water demand related solely to fire protection is not subject to collection of an impact fee. However, if the fire protection capacity of the fire demand meter is routinely utilized for domestic purposes as evidenced by the registration of consumption recorded on the City' s meter-reading and billing systems, the current owner of the property shall be assessed the current impact fees for the fire protection capacity which has been converted to domestic capacity by its routine usage as domestic capacity. C. Following assessment of the impact fee pursuant to subsection 11B, no additional impact fees or increases thereof shall be assessed against that development unless the number of service units increases, as set forth under Section 9 . D. Following the lapse or expiration of approval for a plat, a new assessment must be performed at the time e new appli ation final :plat for such development is filed approved. SECTION 12 CALCULATION OF IMPACT FEES A. Following the request for new development as provided in Section 11 of this Ordinance, the City shall compute impact fees due for the new development in the following manner: 1 . Water and Wastewater Fees slake\impactfee.ord (03/19/96) -18- a. The number of LUE' s shall be determined by the size of the water meter (s) or by evaluation of the Director and determination of Council upon review of reports provided by a professional engineer licensed in the State of Texas, as determined according to Section 9 of this Ordinance . b. LUE' s shall be summed for all meters purchased for the development . c. The total service units shall be multiplied by the appropriate per-unit fee value determined as set forth in Ccction 10 EXhibitE2; and d. Fee credits and offsets shall be subtracted as determined by the process set forth in Section 14 of this Ordinance . 2 . Roadway Fees a. The City has been divided into a ocrious series of service areas and for each service area a specific maximum roadway fee has been calculated. The service unit measure is stated in vchicular vehicle miles . Each service area has a different maximum impact fee per vchicic m-i-Ie service unit . b. To calculate the roadway impact fee it is first necessary to identify the service area in which the new development is located. The fee per vehicle mile is then determined from the table attached as Exhibit E-2 to this ordinance. slake\impactfee.ord (03/19/96) -19- c. A dctcrmination has been madc that thc Einglc Family Living Unit dcmand is equal to 2 . 85 vchicic miles of roadway use. Roadway impact fccs for each single Family Living Unit equivalent arc thcrcforc calculated by multiplying 2 . 85 time thc impact fcc per vchicic mile for thc ar a to where' thc development i3 to atcd. d%. The final determination of the impact fee to be charged each new development is calculated by identifying the total number of living or dwelling development units located within a development and multiplying that number by the numbcr produccd in c (2 . 85 servide uri t"s '^(as 'identified,on"ahe7table), times the impact fee per:'TTse 1-00-77uri tT: for thc particular scrvicc ar a) . ed. Fee credits and offsets shall be subtracted as determined by the process set forth in Section 14 of this ordinance. 3 . The value of each impact fee due for a new development shall not exceed a value computed by multiplying the fee assessed per service unit pursuant to Section 10 by the number of service units generated by the development . SECTION 13 COLLECTION OF IMPACT FEES A. No water or wastewater tap shall be issued until all t impact fees including roadway have been paid to the City except as provided otherwise by contract . slake\impactfee.ord (03/19/96) -20- t } B. Within one (1) year of the effective date of this Ordinance, roadway/impact fees shall be collected at the time of the issuance of the building permit for new development, or if no permit is required, at the time of tap purchase. C. Subsequent to that one year period, impact fees shall be collected as follows : 1. For a development which is submitted for approval pursuant to the City' s subdivision regulations subsequent to the effective date of this Ordinance, impact fees shall be collected at the time of building permit . 2 . For a development which has received final plat approval prior to the effective date of this Ordinance or for which no replatting is necessary prior to provision of a water or wastewater tap, roadway impact fees shall be collected at the time of tap purchase. GD. The City may, at its sole discretion, enter into contracts to establish a different date of fee collection than those provided in this Section. SECTION 14 SUSPENSION OF FEE COLLECTION A. For any new development which has received final plat approval prior to the effective date of this Ordinance in accordance with Texas Local Government Code, Ordinance 212, or pursuant to the City' s subdivision regulations, the City may slake\impactfee.ord (03/19/96) -21- assess, but shall not collect any roadway impact fee as herein defined, on any service unit for which a valid building permit is issued within one (1) year subsequent to the effective date of this Ordinance . However, water, and wastewater .impact, fees in .effect -at the 'time bf final e plat'= approval will be. -:cbiie"cted - for the appl;icable• .deveIopment.: B. If the building permit, which is obtained within the period provided for in subsection 14A, subsequently expires, and no new application is made and approved within such period, the new development shall be subject to the payment of an impact fees., as ' provided in Section 13 . SECTION 15 OFFSETS AND CREDITS AGAINST Impact FEES A. The City may offset the present value of any system- related facilities, pursuant to rules established in this section, which have been dedicated to and have been received by the City, including the value of capital improvements constructed pursuant to an agreement with the City, against the value of the impact fee due for that category of capital improvement . B. The City shall may credit impact, perimeter roadway, pro rata, acreage or lot fees which have been paid pursuant to Ordinance Nos. 493, 494, 330, or other City ordinances prior to the effective date of this Ordinance against the value of impact due slake\impactfee.ord (03/19/96) -22- "' ' 1 1 for that category of capital improvement, subject to guidelines established by the City. C. All offsets and credits against impact fees shall be subject to the following limitations and shall be granted based on this Ordinance and additional standards promulgated by the City, which may be adopted as administrative guidelines. 1 . No offset or credit shall be given for the dedication or construction of site-related facilities . 2 . The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the capital improvements plan for the category of facility within the service area for which the impact fee is imposed. 3 . If an offset or credit applicable to a plat has not been exhausted within ten (10) years from the date of the date of this ordinance plat" filing or within such period as may be otherwise designated by contract, such offset or credit shall lapse expire. 4 . In no event will the City reimburse the property owner or developer for an offset or credit when no impact fees for the new development can be collected pursuant to this Ordinance or for any value exceeding the total impact fees due for the development for that category of capital improvement, unless otherwise agreed to by the City. slake\impactfee.ord (03/19/96) -23- • D. An applicant for new development must apply for an offset or credit against impact fees due for the development either at or before the time of fee payment, unless the City agrees to a different time. The applicant shall file a petition for offsets or credits with the City on a form provided for such purpose. The contents of the petition shall be established by administrative guidelines . The City must provide the applicant, in writing, with a decision on the offset or credit request, including the reasons for the decision. The decision shall specify the maximum value of the offset or credit which may be applied against an impact fee, which value and the date of the determination shall be associated with the plat for the new development . E. The available offset or credit associated with the plat shall be applied against an impact fee in the following manner: 1 . Such offset or credit shall be prorated equally among all living unite equivalents;, as calculated in Section 9, and remain applicable to such LUE' s, to be applied at time of filing and acceptance of an application for a building permit or tap purchase, as appropriate, against impact fees due. 2 . If the total number of LUE' s used by the City in the original offset or credit calculation described in (1) is eventually exceeded by the number of total LUE' s realized by the actual development, the City may, at its sole discretion, slake\impactfee.ord (03/19/96) -24- collect the full impact fee exclusive of any associated offset or credits for the excess LUE ' s . 3 . At its sole discretion, the City may authorize alternative credit or offset agreements upon petition by the owner in accordance with guidelines promulgated by the City. SECTION 16 ESTABLISHMENT OF ACCOUNTS AND RECORDS A. The City shall establish separate interest-bearing accounts, in a bank authorized to receive deposits of City funds, for each major category of capital facility for which an impact fee is imposed pursuant to this Ordinance. • B. Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for funds authorized in Section 17 . C. The City shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in Section 17. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this Ordinance; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten (10) years from the date the fee is deposited into the account . slake\impactfee.ord (03/19/96) -25- 1 D. The City shall maintain and keep adequate financial records for each such account, which shall show the source and disbursement of all revenues, which shall account for all monies received, and which shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of uses specified in the capital improvements program as system-related capital projects. The City Finance Department shall also maintain such records as are necessary to ensure that refunds are appropriately made under the provision in Section 19 of this Ordinance, and such other information as may be necessary for the proper implementation of this Ordinance. SECTION 17 USE OF PROCEEDS OF CAPITAL IMPACT FEE. ACCOUNTS A. The impact fees collected pursuant to this Ordinance may be used to finance or to recoup capital construction costs of service. Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance such capital improvements or facilities expansions . B. Impact fees collected pursuant to this Ordinance shall not be used to pay for any of the following expenses : 1 . Construction, acquisition or expansion of capital improvements or assets other than those identified for the appropriate utility facility in the capital improvements plan; slake\impactfee.ord (03/19/96) -26- i ? 2 . Repair, operation, or maintenance of existing or new capital improvements or facilities expansions; 3 . Upgrading, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; 4 . Upgrading, expanding or replacing existing capital improvements to provide better service to existing development; provided however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or 5 . Administrative and operating costs of the City. SECTION 18 APPEALS A. The property owner or applicant for new development may appeal the following decisions to the Director or his/her designate: 1 . The applicability of an impact fee to the development; 2 . The value of the impact fee due; 3 . The availability or the value of an offset or credit; slake\impactfee.ord (03/19/96) -27- T Y 4 . The application of an offset or credit against an impact fee due; 5 . The amount of the refund (reference Section 19) due, if any. All appeals shall be takcn must : ;be;; received :in:; writing within thirty (30) days of notice of the action for which the appeal is takcn re cquested. B. The burden of proof shall be on the appellant to demonstrate that the value of the fee or the value of the offset or credit was not calculated according to the applicable impact fee schedule or the guidelines established for determining offsets and credits. C. The appellant may appeal the decision of the Director to the Council . A notice of appeal to the Council must be filed by the applicant with the City Secretary within thirty (30) days following the Director' s decision. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the original determination of the impact fee due, the development application or tap purchase or building permit issuance may be processed while the appeal is pending. slake\impactfee.ord (03/19/96) -28- T SECTION 19 REFUNDS A. Any impact fee or portion thereof collected pursuant to this Ordinance which has not been expended within ten (10) years from the date of payment, shall be refunded, upon application, to the record owner of the property at the time the refund is paid, or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Article 1 . 03, Title 79, Revised Statutes (Article 5069-1 . 03 , Vernon' s Texas Civil Statutes) , or any successor statute. B. If a refund is due pursuant to subsection (A) , the City shall pro-rate the same by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner or governmental entity shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. C. Upon completion of all the capital improvements or facilities expansions identified in the capital improvements plan upon which the fee was based, the City shall recalculate the slake\impactfee.ord (03/19/96) -29- i 1 maximum impact fee per service unit using the actual costs for the improvements or expansions . If the maximum impact fee per service unit based on actual cost is less than the impact fee per service unit paid, the City shall refund the difference, if such difference exceeds the impact fee paid by more than ten percent (100) . The refund to the record owner or governmental entity shall be calculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount . D. Upon the request of an owner of the property on which an impact fee has been paid, the City shall refund such fees if : 1. Existing service is available and service is denied; or 2 . Service was not available when the fee was collected and the City has failed to commence construction of facilities to provide service within two years of fee payment; or • 3 . Service was not available when the fee was collected and has not subsequently been made available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in any event later than five years from the date of fee payment . E. The City shall refund an appropriate proportion of water; impact fee payments in the event that a previously purchased water slake\impactfee.ord (03/19/96) -30- meter is replaced with a smaller meter, based on the LUE differential of the two meter sizes and the per-LUE fee at the time of the original fee payment, less an administrative charge set forth in City guidelines . F . Petition for refunds shall be submitted to the Director on a form provided by the City for such purpose. Within one month of the date of receipt of a petition for refund, the Director must provide the petitioner, in writing, with a decision on the refund request, including the reasons for the decision. If a refund is due to the petitioner, the Director shall notify the Finance Director and request that a refund payment be made to the petitioner. The petitioner may appeal the determination to the Council, as set forth in Section 18 . SECTION 20 UPDATES TO PLAN AND REVISION OF FEES The City shall review the land use assumptions and capital improvements plan for water, wastewater and roadway facilities at least every three years, the first three year period which shall commence from the date of adoption of the capital improvements plan referenced herein. The City Council shall accordingly then make a determination of whether changes to the land use assumptions, capital improvements plan or impact fees are needed and shall, in accordance with the procedures set forth in Chapter 395 of the slake\impactfee.ord (03/19/96) -31- Local Government Code, or any successor statute, either update the fees or make a determination that no update is necessary. SECTION 21 FUNCTIONS OF ADVISORY COMMITTEE A. The functions of the Advisory Committee are those set forth in Chapter 395 of the Local Government Code, or any successor statute, and shall include the following: 1 . Advise and assist the City in adopting land use assumptions; 2 . Review the capital improvements plan regarding water and wastewater capital improvements and file written comments thereon; 3 . Monitor and evaluate implementation of the capital improvements program; 4 . Advise the City of the need to update or revise the land use assumptions, capital improvements program and impact fees; and 5 . File a semiannual report evaluating the progress of the City in achieving- the capital improvements plans and identifying any problems in implementing the plans or administering the impact fees . B. The City shall make available to the Advisory Committee any professional reports prepared in the development or implementation of the capital improvements plan. slake\impactfee.ord (03/19/96) -32- r C. The Council shall adopt procedural rules for the committee to follow in carrying out it duties . SECTION 22 AGREEMENT FOR CAPITAL IMPROVEMENTS A. The City Council may authorize the owner of a new development to construct or finance some of the public improvements identified in the CIP. In the case of such approval, the property owner must enter into an agreement with the City prior to fee collection. The agreement shall be on a form approved, by the City, and shall establish the estimated cost of improvement, the schedule for initiation and completion of the improvement, as requirement that the improvement shall be completed to City standards, and any other terms and conditions the City deems necessary. The Director shall review the improvement plan, verify costs and time schedules, determine if the improvement is contained in the CIP, and determine the method and timing of reimbursing the owner for construction costs from impact fee or other revenues. SECTION 23 USE OF OTHER FINANCING MECHANISMS A. The City may finance water, wastewater, and roadway capital improvements or facilities expansions designated in the capital improvements plan through the issuance of bonds, through the formation of public improvement districts or other assessment districts, or through `any other authorized mechanism, in such slake\impactfee.ord (03/19/96) -33- t 1 manner and subject to such limitations as may be provided by law, in addition to the use of impact fees . B. Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. SECTION 24 IMPACT FEES AS ADDITIONAL AND SUPPLEMENTAL REGULATION A. Impact fees established by this Ordinance are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land or the issuance of building permits or the sale of water or wastewater taps or the issuance of certificates of occupancy. Such fees are intended to be consistent with and to further the policies of City' s Comprehensive Plan, capital improvements plan, zoning ordinance, subdivision regulations and other City policies, ordinances and resolutions by which the City seeks to ensure the provision of adequate public facilities in conjunction with the development of land. B. This Ordinance shall not affect, in any manner, the permissible use of property, density of development, design, and improvement standards and requirements, or any other aspect of the development of land or provision of public improvements subject to slake\impactfee.ord (03/19/96) -34- the zoning and subdivision regulations or other regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all such development . SECTION 25 RELIEF PROCEDURES A. Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the Council to determine whether any duty required by this ordinance has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the act be performed within sixty (60) days of the request . If the Council determines that the duty is required pursuant to the ordinance and is. late in being performed, it shall cause the duty to commence within sixty (60) days of the date of the request and to continue until completion. B. The Council may grant a variance or waiver from any requirement of this ordinance, upon written request by a developer or owner of property subject to the ordinance, following a public hearing, upon finding that a "strict application of such requirement would, when regarded as a whole, result in confiscation of the property. slake\impactfee.ord (03/19/96) -35- WATER FACILITIES FEES SECTION 26 WATER SERVICE AREA A. There is hereby established a water service area as depicted on Exhibit A-1, attached hereto and incorporated herein by reference. B. The boundaries of the water service area may be amended from time to time, and new water service areas may be delineated, pursuant to the procedures in Section 7 . SECTION 27 WATER IMPROVEMENT PLAN A. The Water Improvement Plan for the City is hereby adopted as Exhibit 430CT attached hereto and incorporated by reference herein. B. The Water Improvement Plan may be amended from time to time, pursuant to the procedures set forth in Chapter 395 of the Local Government Code and its successors . SECTION 28 WATER IMPACT FEES A. The maximum impact- fee values per service unit for water facilities are hereby adopted and incorporated in Exhibit E E=°l attached hereto and made a part hereof by reference. B The- _"1 cohhepted__impact" "fee "wahue;s .per'7 8etVide-7uriit7-7for water facilities- are hereby adopted and incorporated in Exhibit' E-2 attached hereto and made a part' .hereof :by"reference:; slake\impactfee.ord (03/19/96) -36- L � B . The impact fee values per service unit for water facilities may be amended from time to time, pursuant to the procedures in Section 10 . WASTEWATER FACILITIES FEES SECTION 29 WASTEWATER SERVICE AREA A. There is hereby established a wastewater service area as depicted on Exhibit A-I, attached hereto and incorporated herein by reference . B. The boundaries of the wastewater service area may be amended from time to time, and new wastewater service areas may be delineated, pursuant to the procedures in Section 7 . SECTION 30 WASTEWATER IMPROVEMENT PLAN A. The Wastewater Improvement Plan for the City is hereby adopted as Exhibit C-1 attached hereto and incorporated by reference herein. B. The Wastewater Improvement Plan may be amended from time to time, pursuant to the procedures set forth in Chapter 395 of the Local Government Code and its successors . SECTION 31 WASTEWATER IMPACT FEES A. The maximum impact fee values per service unit for wastewater facilities are hereby adopted and incorporated in Exhibit E=T attached hereto and made a part hereof by reference. slake\impactfee.ord (03/19/96) -37- I J Thefr' col:leeted l:: mtipaet te:e:7=:values, 15er;7 e -g ce 1-0XTgfor wastewater facilities are hereby adopted and incorporated in Exhibit E-2 attached hereto and made a part hereof by reference. BC. The impact fee values per service unit for wastewater facilities may be amended from time to time, pursuant to the procedures in Section 10 . ROADWAY=FACILITIES; FEES `SECTIONS=3:2, 77777 ROADWAY--SERVICE7AREAS • Pi`a There- `is. .:hereby .es tab l:ished roadway 'sery ;ce 'are as `as- depiqted 'ori'rExh bia`.A=2 7 attache;d7hereto:and-, incgrporated7:here ri by ref erenceW:' B The boundaries 70-f-the ,roadway,: service areas may;be-:amended from .time,�to,.time, ;and new roadwa y"s;ervicea.reas may'be' :delineated,> ursu p, an T -o7 the, proceidures°' ;Section 7SECTION" 3'3 ROADWAY IMPROVENENT PLAN A. The roadway improvement plan for the City is hereby adopted as Exhibit C='2., hereto incorporated by reference herein. B. The roadway improvement plan may be amended from time to time, pursuant to the procedures set forth in Chapter 395 of the Local Government Code and its successors . slake\impactfee.ord (03/19/96) -38- L i I SECTION 443;9 ROADWAY IMPACT FEES A. The maximum impact fees values per service unit for the facilities are hereby adopted and incorporated as Exhibit E-1, hereto and made a part hereof by reference . B. :.Thecollected impact-lee- values per service. unit for the fac t "e'S" are . hereby', adopted' ';an=d'".incorporatedI'='as ,::Exhib`it `;E=2, liere:toarid::made:`a :part 'hereof :,byrefererice` C. The impact fee values per service unit for wastewater facilities may be amended from time to time, pursuant to the procedures set forth in Section 10 . • SECTION 344 35 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. Ordinance. 330 shall remain in force and effect as provided in Section 14C of this Ordinance . SECTION 3-5-3:6: 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 slake\impactfee.ord (03/19/96) -39- 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 3437 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance 330 or any other ordinances imposing impact or development fees 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 3430 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof . slake\impactfee.ord (03/19/96) -40- I I 4 SECTION &&.3:`. 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 days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake . SECTION 4440: 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 slake\impactfee.brd (03/19/96) -41- City of Southlake, Texas • MEMORANDUM April 19, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Primco Personal Communications, L.P. Ground and Tower Lease Agreement Primco Personal Communication, L.P. (PPC) has requested an agreement with the City of Southlake to place an antenna on the Bicentennial Water Tower, to obtain a:right of access and a right to install any necessary appurtenances. The summary of the agreement is as follows: • 1.B. - The lease property will have landscaping and fencing as determined by the City. Park Director, Kim McAdams, and the consultant are designing areas for the equipment building. • • 2.A. - PPC will lease the property for$11,040 per year for an initial term of five (5) years from commencement date. Every five (5) year extension period will increase the annual rent by fifteen percent. • 4.A - The City retains the right to approve, disapprove or request modifications to plans or any improvements or modifications installed by PPC. PPC must obtain all of the certificates, permits, licenses, or any governmental approvals required by federal, state, or local authority. • 4. F.- PPC may terminate this lease any time after ten (10) years upon one year prior written notice to City and the City may terminate this lease after five (5) years in the same manner. City may terminate this lease at any time upon 30 days written notice to PPC, should the water tower be removed or dismantled. PPC may not sublease the property without written consent of the City. • 8.C. - If the Tower is damaged or destroyed, the City shall deliver by written notice to PPC within twenty days after receipt of notice from City's insurance company, whether the city will or will not repair, restore or reconstruct the tower. If the City chooses not to restore property, PPC may abate rent for the unused period. • PPC agrees to indemnity and hold the City harmless against any and all claims of liability • • Curtis E. Hawk, City Manager Primco Personal Communications April 19, 1996 Page 2. for personal injury or property damage and City agrees to same. PPC shall provide the City with a certificate of insurance not less than $500,000 for injury to any one person, $1,000,000 for all injuries sustained by more than one person in any occurrence, and $1,000,000 for damage as a result of any one accident. • 18.B. - Non-interference clause requires both PPC and the City to eliminate any frequency interference between existing and future uses. • 18.B. - Only qualified and adequately insured persons will be allowed to climb the tower. [No PPC employee, agent, contractor or person will be allowed in the tower without a water utility employee with them.] • 23.A. - This agreement is not a franchise and does not authorize PPC to use City right-of- way to conduct a telecommunications business in the City. If the City determines that a franchise is required for PPC to conduct its telecommunications business in the City, the City will expect PPC to obtain a franchise in accordance with law. IIIPlease place this on the April 23rd agenda for Council review and consideration. mac,. BW/sm Attachment: Agreement • • • S G0 - .2-- GROUND AND TOWER LEASE AGREEMENT • SITE ID: R0034A THIS GROUND AND TOWER LEASE AGREEMENT("Lease"), is entered into as of this day of , 1996, by and between City of Southlake, Texas, a municipal corporation, ("OWNER"), and Primco Personal Communications, L.P., a Delaware limited partnership ("PPC"). In consideration of the premises and of the mutual obligations and agreements in this Lease,the parties agree as follows: 1. THE PROPERTY A. OWNER is the titleholder of that certain real property commonly known as Bicentennial Water Tower("Tower") at 400 North White Chapel, City of Southlake,County of Tarrant,State of Texas,(OWNER's Property")which is described on the attached Exhibit"Al." The parties agree that the legal description of OWNER's Property may be attached as Exhibit"A-1" after execution of this Lease. B. PPC hereby desires to lease a portion of OWNER's Property,and a certain portion of the elevated water storage tank ("Tower") located on OWNER's Property, together with obtaining a right of access and a right to install utilities (the "Property"). • „ • • • t ° E �ttac'-ea her _. The PPC lease property (Property) and landscaping requirements including any fencing,are to be determined by the City. In addition,PPC shall have the right to run cables and wires under,over •across OWNER's Property to connect PPC's equipment on the Tower to its equipment in its facility located on the Property pproved by the City. PPC may park its vehicles on OWNER's Property when PPC is constructing,removing,replacing,and/or servicing its communications facility. C. PPC covenants and agrees that it has inspected the Tower and the Property and that it does not rely on any representation of OWNER as to the condition of the Property or Tower or their suitability for the purposes and uses herein intended. PPC accepts the Property in its present condition and finds it suitable for the purposes herein intended. OWNER hereby grants PPC the right to obtain a title report,soils tests,and other engineering procedures or environmental investigations on,under and over the Property necessary to determine that PCs's use of the Property will be compatible with PPC's engineering specifications, system, design,operations and Governmental Approvals(thereinafter defined). D. OWNER and PPC further agree that the Property(including an access right-of-way thereto but excluding the space on the Tower)may be surveyed by a licensed surveyor at the sole cost of PPC,and such survey shall then replace Exhibit "A2"and become a part hereof and shall control to describe the Property in the event of any discrepancy between such survey and the description contained in Paragraph 1.B.above. 2. LEASE AND EASEMENT OWNER leases the Property to PPC and grants to PPC a non-exclusive easement(during the term of this Lease) to access the Property(seven[7]days a week,twenty-four[24]hours a day)and to install,remove,replace,and maintain utility cables,conduits and pipes from the Property to the appropriate,in the discretion of PPC,source of electric and telephone facilities.. 3. TERM AND RENT • GROUND AND TOWER LEASE AGREEMENT(Revised 4-18-96) 1 lo 4 -3 A. This Lease shall be fora initial term of five(5)years beginning on , 1996 ("Commencement Date") at an Annual Rent of Eleven Thousand Forty Dollars($11,040) , which rent shall be paid annually, in advance, beginning on the Commencement Date and on each anniversary thereof(partial years prorated to OWNER or as OWNER may otherwise direct from time to time in writing at least thirty(30)days before any rent payment date). 1111 B. PPC is granted options to extend this Lease on these same terms and conditions for four(4) additional five(5) ar extension period(s) after the original term expires. This lease shall automatically be extended for the next extension period at the end of the then-current term g' the then current subject to the termination requirements in Section 5. C. The Annual Rent for each extension period shall be the Annual Rent in effect for the final year of the prior term or extension period, as the case may be, increased by fifteen percent(15%). C.Alternate The Annual Rent for each extension period shall be the Annual Rent in effect for the final year of the prior term or extension period, as the case may be, increased equal to the cumulative Cost-of-Living Index . D. Should this Lease still be in effect at the conclusion of all the extension periods provided for herein,this Lease shall continue in effect upon the same terms and conditions[other than Annual Rent which shall be an amount equal to the Annual Rent in effect for the prior one(1)year period, increased by fifteen percent(15%)paragraph 3C. above] for a further period of one(1)year,and for like annual periods thereafter,until and unless terminated by either party by giving to the other at least ninety (90)days written notice of its intention to so terminate before the date this Lease expires. 4. USE OF THE PROPERTY A. PPC may use the Property for any lawful purpose,relating to construction,removal,replacement,maintenance, security and operation of a communications facility, including,without limitation, required PPC.antenna array(as such antenna array may be modified,added to or substituted from time to time)and antenna support structures,and for any other uses incidental thereto. PPC shall not use or permit the Property to be used for any purposes other than described above without the written consent of OWNER,which consent will not be unreasonably withheld. Each such antenna or antenna support structure may be figured as requested by PPC from time to time provided PPC obtains,pursuant to Paragraph 4.B., all permits and approvals 41, fired by applicable jurisdictions for such requested configuration notwithstanding the above. OWNER shall have-Else-fie approve,disapprove or request modifications to plans for any improvements or modifications installed by PPC on the Property, which review and action approval shall not be unreasonably withheld or delayed. Improvement of the Property to meet PPC's needs shall be at PPC's sole expense, and PPC shall maintain such improvements to the Property in a reasonable condition throughout the term. B. OWNER acknowledges that PPC's ability to use the Property for its intended purposes is contingent upon PPC's obtaining and maintaining, both before and after the Commencement Date, all of the certificates, permits, licenses and other approvals(collectively,"Governmental Approvals")that may be required by any federal,state or local authority for the foregoing uses and improvements to the Property desired by PPC. OWNER shall cooperate with PPC in PPC's efforts to obtain such Governmental Approvals and shall take no action that would knowingly or intentionally adversely affect PPC's obtaining or maintaining such Governmental Approvals,so long as PPC is in compliance with applicable provisions of the City Charter, ordinances,and rules. • 5. TERMINATION Provided PPC is not in default hereunder, if any of the following occurs,PPC shall have the right to immediately terminate this Lease by giving written notice to OWNER of such termination. A. PPC determines,in its sole discretion,that it will be unable to obtain all necessary Governmental Approvals for PPC intended use of and improvements to the Property desired by PPC;or B. PPC's application for any Governmental Approvals necessary for PPC's use of the Property and improvements desired by PPC's is denied; or i GROUND AND TOWER LEASE AGREEMENT(Revised 4-18-96) C. any Governmental Approvals necessary for PPC's use of the Property and/or improvements to the Property, whether now or hereafter desired by PPC, are canceled, expired, lapsed or are otherwise, terminated or denied so that PPC, in its reasonable judgement, determines that it will not longer be able to use the Property for PPC's intended use; or • D. the Federal Communications Commission allocates the frequencies at which PPC may operate its antennas and ment and may from time to time change such frequencies. Any change of this nature that, in PPC's reasonable judgement, renders its operation of a wireless communications facility at the Property obsolete; or E. if PPC determines that the Property has become unsuitable for PPC's operations due to changes in system or network design or in the types of equipment used in such operations or PPC's operations at the Property become unprofitable. J J J J the Tower, upon which PPC'3 equipment is to be installed, should be removed or dismantled. In the event the Tower is to be replaced by OWNER, PPC shall have the right, at PPC'3 option, to locate on the replacement structure, within one half(Y)mile of the original. PPC shall have the right to erect and operate temporary facilities suitable to PPC's uses at a location mutually acceptable to OWNER and PPC. F. Provided PPC is not in default hereunder and shall have paid all rents and sums due and payable to OWNER by PPC,PPC shall have the right to terminate this Lease at any time after ten (10)years upon one(1)year prior written notice to OWNER. OWNER shall have the right to terminate this Lease at any time after five(5)years upon one(1)year prior written notice to PPC Notwithstanding anything contained herein to the contrary, OWNER shall have the right to terminate this Lease at any time upon thirty(30) days prior written notice to PPC should OWNER, in its sole discretion, determined that the water tower upon which PPC's equipment is to be installed should be removed or dismantled. Notwithstanding anything herein to the contrary, any breach, default or failure by PPC to perform any of the duties or obligations assumed by PPC under this Lease, or to faithfully keep and perform any of the terms, conditions and provisions hereof,shall be cause for termination of this Lease by OWNER in the manner set forth in this Paragraph. OWNER shall deliver to PPC ten (10) days prior written notice of its intention to so terminate this Lease, including in such notice a reasonable ription of the breach, default or failure. If PPC shall fail or refuse to cure, adjust or correct same to the reasonable action of OWNER within said ten (10) days written notice to PPC, to terminate this Lease. Upon termination of this ER,all rights,powers and privileges of PPC hereunder shall cease and terminate and PPC shall, within (10) days,vacate the Property and remove all of its improvements,fixtures and equipment. In the event PPC does not vacate the Property within said period,OWNER may, without being deemed guilty of trespass,and without any liability whatsoever on the part of OWNER, enter upon and take full possession of the Property and remove any and all improvements,fixtures and equipment not belong to OWNER that may be found upon the Property without being liable for damages. Any termination notice rendered by PPC pursuant to this Paragraph shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date,with respect to payments due to the other under this Lease. 6. ASSIGNMENT AND SUBLETTING • A. Except to a"Partner Company,""Affiliate,""Subsidiary"or a Subsidiary or Affiliate of a Partner Company of PPC (as defined below), PPC shall not assign this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise or mortgage or pledge the same,or sublet the Property,or any part thereof,without the prior written consent of OWNER such consent not be be unreasonably withheld or delayed. OWNER's consent to an assignment or sublease shall be deemed given if OWNER does not respond to PPC's request within ninety (90) after OWNER's receipt of such request. B. NYTEX, Bell Atlantic,Air Touch Communications and U.S. West are each a Partner Company. An Affiliate of an entity is any corporation fifty-one percent(51%)or more of the stock of which is owned,directly or indirectly,by such entity. A Subsidiary of an entity is any corporation eighty percent(80%) or more of which is owned by such entity. C. No consent by OWNER to any assignment or sublease by PPC shall relieve PPC of any obligation to be performed by PPC under this Lease, whether arising before or after the assignment or sublease. The consent by OWNER to any III GROUND AND TOWER LEASE AGREEMENT(Revised 4-18-96) 3 /Dit assignment or sublease shall not relieve PPC from the obligation to obtain OWNER's express written consent to any other assignment or sublease. D. Any sale or other transfer, including by consolidation,merger or reorganization,of a majority of the voting stock C, if PPC is a corporation, or any sale or other transfer of a majority in interest(whether of profits, losses, capital or voting er)or a majority of the persons composing the managers of the partnership. if PPC is a partnership, shall not be an assignment for purposes of this Paragraph 6. 7. FIRE OR OTHER CASUALTY A. If the Tower, or access to it, is damaged or destroyed by a casualty, OWNER shall deliver written notice to PPC within twenty (20) days after receipt of notice from OWNER's insurance company, which notice from OWNER sets forth OWNER's election (a) not to repair, restore and/or reconstruct the Tower but - des a ..hi h PPC ay'-rclocatc in b , or(b)to repair,restore and/or reconstruct the Tower. If, as a result of any such casualty, the Property becomes totally or partially unusable by PPC, rent shall abate during the period of repair in the same proportion to the total rent as the portion of the Property rendered unusable bears to the entire Property. If OWNER elects to repair, then OWNER shall promptly commence appropriate repairs(to be diligently prosecuted to completion entirely at OWNER's expense), and this lease shall continue in full force and effect. B. Notwithstanding anything contained herein to the contrary,OWNER is under no duty or obligation to repair the Tower in a manner that would accommodate PPC's equipment or antenna array. In the event that following repairs,the Tower is no longer suitable for PPC's intended uses, PPC's sole remedy shall be to terminate this Lease. C. If OWNER(a)undertakes the repair,restoration and/or reconstruction of the Tower or of any access thereto but fails to complete such repair,restoration, and/or reconstruction within forty-five(45)days after the casualty,or(b)notifies PPC of OWNER's intention not to repair,restore and/or reconstruct the Tower, or fails to deliver to PPC the written notice required under Paragraph 7.A.within twenty(20)days,then PPC may immediately cancel this Lease by giving written notice of its election to cancel to OWNER. b b , t f •b � designate a permanent 31te to which PPC may relocate in any notice to PPC that it does not intend to repair, restore and/or reconstruct the Tower. 8. INDEMNIFICATION AND INSURANCE A. PPC hereby agrees to indemnify and hold OWNER harmless from and against any and all claims of liability for personal injury or property damage to the extent that they result from or arise out of(i)the acts or omissions of PPC, its agents and employees in, on or about the Tower, including the Property, excepting however, such claims or damages as may be due to or caused solely by the acts or omissions of OWNER, its employees or agents,and/or(ii)PPC's breach of any term or condition of this Lease on PPC's part to be observed or performed: B. OWNER hereby agrees to indemnify and hold PPC harmless from any against any and all claims of liability for personal injury or property damage to the extent that they result from or arise out of(i)the acts or omissions of OWNER,its agents and employees in, on or about the tower, including the property, excepting,however, such claims or damages as may be due to or caused solely by the acts or omissions of owner,its employees or agents,and/or(ii)OWNER's breach of any term or condition of the Lease on OWNER's part to be observed or performed. C. PPC shall provide OWNER with a certificate of insurance, issued by an insurance company licensed to do business in the state in which the Tower is located indicating that PPC carries comprehensive general liability insurance with limits of liability thereunder of not less than: Bodily Injury: S500,000 for injury to any one person and 51,000,000 for all injuries S GROUND AND TOWER LEASE AGREEMENT(Revised 4-18-96) 4 la - ' sustained by more than one person in any occurrence;Property Damage:$1,000,000 for damage as a result of any one accident a • Such insurance shall name OWNER as an additional insured with respect to the Property. PPC will provide OWNER with a renewal certificate within ten(10)business days of OWNER's request for such certificate. Any insurance required to be provided PPC under this Paragraph 8 may be provided by a blanket insurance policy covering this the Property and other locations of , provided such blanket insurance policy complies with all of the other requirements of this Lease with respect to the type and unt of insurance required. PPC may also fulfill its requirements under this Paragraph 8 through a program of self-insurance, subject to approval by OWNER, which approval shall not be unreasonably withheld. If PPC elects to self-insure, then PPC shall furnish OWNER with a letter stating that there is a self-insurance program in effect that provides for the same, or greater, coverage than required of PPC herein. All insurance policies furnished under this provision shall name OWNER as an additional insured. PPC agrees to furnish OWNER with certificates of insurance certifying that PPC has in force and effect the above specified insurance. D. Each hazard insurance policy carried by or on behalf of PPC insuring PPC's antennas and equipment located on or about the Property shall provide standard extended coverage, including without limitation, coverage against losses caused by fire. The parties further agree and hereby release each other with respect to any claim(including a claim for negligence)which the other party may have against such party for loss,damage or destruction of, or liability for damages to ,the property of the other occurring during the term of this Lease, as same may be extended, and normally covered under a fire insurance policy with extended coverage. Notwithstanding anything contained in this Lease to the contrary,the provisions of the Subparagraph 8.D.shall control. 9. UTILITIES PPC shall be responsible directly to the serving entities for all utilities required by PPC's use of the Property; however, OWNER agrees to cooperate with PCC in its efforts to obtain utilities from any location provided by the OWNER or the servicing utility. Should electric power be provided by OWNER,PPC will install an electric meter and PPC's usage shall be read by OWNER or, at OWNER'S option,by PPC,on an annual basis and the cost of electricity used by PPC shall be paid by PPC to OWNER annually as a payment separate from rent and shall be computed at the then-current public utility rate. 10. RIGHTS TO EQUIPMENT; CONDITION ON SURRENDER IlkA. PPC's antennas and equipment shall remain personal to and the property of PPC. At the termination or expiration is Lease,if notice is received from OWNER,PPC shall remove its antennas and/or equipment. PPC shall repair any damage caused by such removal,and shall otherwise surrender the Property at the expiration of the term,as same may have been extended, or earlier termination thereof,in good condition,ordinary wear and tear,damage by fire and other casualty excepted. Any of PPC's equipment or other property that has not been removed from the Property at the time of Lease termination shall be deemed abandoned by PPC and OWNER shall be free to dispose of same in any manner OWNER chooses and without any liability to PPC therefor. B. Any claims relating to the condition of the Property must be presented by OWNER in writing to PPC within one hundred eighty(180)days after the removal of antennas and equipment by PPC or OWNER shall be deemed to have irrevocably waived any and all such claims. 11. PPC DEFAULTS A. The occurrence of any one or more of-the following events shall constitute an"Event of Default"hereunder by PPC: (1) The failure by PPC to make any payment of rent or any other payment required to be made by PPC hereunder,as and when due,where such failure shall continue for a period of ten(10) twenty days after written notice thereof is received by PPC from OWNER. (2) The failure by PPC to observe or perform any of the covenants or provisions of this Lease to be observed or performed by PPC, other than specified in Paragraph 11.A.(1),where such failure shall continue for a period of ten (10)thifty GO)days after written notice thereof is received by PPC from OWNER;provided. however, that it shall not be deemed an Event ®GROUND AND TOWER LEASE AGREEMENT(Revised 4-1 - 6) 5 log - ? of Default by PPC if PPC shall commence to cure such failure within said ten (10) thirty-(39j day period and thereafter diligently prosecutes such cure to completion. B. If there occurs an Event of Default by PPC,in addition to any other remedies available to OWNER at law or in ity,OWNER shall have the option to terminate this Lease and all rights of PPC hereunder. NOTICES All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given if sent by certified mail,return receipt requested, addressed as follows(or to any other mailing address which the party to be notified may designate to the other party by such notice)or as otherwise provided under applicable state law. Should OWNER or PPC have a change of address, the other party shall immediately be notified as provided in this Paragraph of such change. Unless OWNER otherwise specifies in writing, rent checks from PPC shall be sent to the person listed below to whom notices are sent. PPC: Primco Personal Communications, L.P., a Delaware limited partnership ATTN: Property Manager Address: 6 Campus Circle, Westlake,Texas 76262 Telephone Number: (817)258-1944 With a copy to: Legal Department Address: 6 Campus Circle Westlake,Texas 76262 OWNER: City of Southlake,Texas Attn: Curtis E. Hawk, City Manager RobertWhitel e..a Director_f Public_Wor s Address: 667 North Carroll Avenue Southlake,Texas 76092 Telephone Number: (817)481-5581 Extension 741 0 SALE OR TRANSFER BY OWNER Should OWNER,at any time during the term of this Lease,sell, lease transfer or otherwise convey all or any part of OWNER'S Property to any transferee other than PPC, then such transfer shall be under and subject to this Lease and all of PPC's rights hereunder. 14. HAZARDOUS SUBSTANCES PPC represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws(as defined in attached Exhibit B). Owner represents and warrants that it has received no notice of,nor has nay knowledge of, any violations of any environmental,federal, state, county or municipal laws, ordinances, orders, regulations or other environmental requirements affecting the Property. Owner represents and warrants that,to the best of its knowledge,the Property has never been used for the disposal of Hazardous Substances as defined in Exhibit B attached hereto. Owner shall be responsible for, and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law, of all spills or other releases of Hazardous Substance, not caused by PPC, that have occurred or that may occur on the Owner's Property,arising from OWNER's activities on the Property. PPC agrees to defend, indemnify and hold Owner harmless from any against any and all claims, causes of action, demands and liability including,but not limited to,damages,costs,expenses,assessments,penalties,fines,losses,judgments and attorney's fees that Owner may suffer due to the existence or discovery of any Hazardous Substance on the Owner's Property or the migration of any Hazardous Substance to other properties or released into the environment arising from PPC's activities on the Property. 41111GROUND AND TOWER LEASE AGREEMENT(Revised 4-18-96) 6 Owner agrees to defend, indemnify and hold PPC harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments,penalties,fines, losses,judgments and attorney's fees that PPC may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment, arising from OWNER's activities the Property during this Lease. • b , a t b , b b ' Paragraph 14. B.)on, under about or within OWNER's Property i -'4 lation of any law or regulation. OWNER and PPC each b b b . • b ' t b , b {, • tt . ., t t b + t 15. CONDEMNATION A. In the event the whole of OWNER's Property,including without limitation the Property and Tower,shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking,then this Lease shall forthwith automatically cease and terminate. B. In the even any portion of the Property, including without limitation the Tower, shall be taken or condemned, either temporarily or permanently,for public purposes,or sold to a condemning authority under threat of condemnation to prevent taking,then OWNER agrees that PPC may use and/or construct upon an alternative portion of OWNER's Property which is equally suitable for PPC's purposes,provided such space is available. The Exact site to which PPC may relocate will be determined by OWNER, and it may be upon any portion of OWNER's Property(or other property owned or controlled by OWNER,provided that PPC reasonably approves the site as equally suitable for PPC's intended uses. OWNER will designate a site to which PPC relocate prior to the taking,condemnation or sale. In the event no alternative portion of the OWNER's Property is equally ble for the purposes of PPC,then PPC may terminate this Lease. C. OWNER shall receive the entire condemnation award for land,Tower and such other improvements as are paid for by OWNER,and PPC hereby expressly assigns to OWNER any and all right,title and interest of PPC now or hereafter arising in and to any such award. PPC shall have the right to recover from such authority but not from OWNER,any compensation as may be awarded to PPC on account of the leasehold interest of PPC now or hereafter arising in and to any such award. PPC shall have the right to recover from such authority,but not from OWNER, any compensation as may be awarded to PPC on account of the leasehold interest, moving and relocation expenses, and deprecation to and removal of the personal property and fixtures of PPC. 16. LIENS PPC shall keep the Property free from any liens arising out or any work performed,materials furnished,or obligations incurred . by or for PPC. PPC shall,within twenty(20)days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond. No work which OWNER permits PPC to perform on the Property shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reason of its consent to such work. OWNER shall have the right to post notices that it is not responsible for payment for any such work. 17. TAXES PPC shall be liable for and shall pay to the applicable taxing authority if billed directly to PPC,or to OWNER if billed to OWNER, upon thirty(30)days prior,written notice from OWNER,any and all taxes and assessments levied against any personal property or trade or other fixtures placed by PPC in or about the Property. "'GROUND AND TOWER LEASE AGREEMENT(Revised 4-18-96) PPC shall pay as additional rent any increases in real property taxes levied against OWNER's Property, including the Tower,as a result of improvements constructed by PPC on the Property. PPC will not be responsible for any increases in real property taxes which are a result of reassessment of OWNER's Property due to any sale or transfer of ownership thereof. 0QUIET ENJOYMENT AND NON-INTERFERENCE A. OWNER warrants and agrees that PPC,upon paying the rent and performing the covenant herein provided,shall peaceably and quietly have and enjoy the Property. B. PPC covenants and agrees that PPC's equipment, its installation, operation and maintenance will: (1) Not interfere with the operation of existing radio equipment at the tower site, whether operated by Owner or other operators prior to installation of PPC's antennas and/or transmission lines on the tower. PPC shall coordinate with Owner and all other operators of radio equipment at the tower site to insure that PPC's frequencies and antenna locations will be compatible with said existing radio equipment. In addition, in the event Owner desires to install additional radio equipment at the water tower site in the future, PPC agrees to take all reasonable measures to eliminate any interference with said radio equipment, however, in no event shall PPC be required to move its antennas or equipment on the tower site or the equipment building. In the event there is harmful interference to said electronic equipment,PPC will promptly take all steps to eliminate said harmful interference with ten(10)days after notice from OWNER or such other operator to PPC advising of the interference. If said interference cannot be eliminated within thirty (30) days of notice thereof, PPC agrees to suspend operations(transmissions)at the site while the interference problems are studies and a means found to mitigate them. If said interference cannot be eliminated,then PPC shall remove its building and equipment from OWNER's property and this Lease shall hereupon be terminated. During the term of this Lease or any extension thereof, OWNER shall not permit other Leasers, to place or operate any equipment which would interfere with PPC's equipment or operations on the Owner's Property or Property. Owner shall cause that all subsequent users of the other structure to first coordinate with PPC to ensure that their frequencies and antenna locations will be compatible with PPC's and to agree to a clause similar to this Paragraph 8.A. herein,promising to immediately eliminate harmful interference if said user's radio equipment should interfere with that of PPC herein. 9ain B. Comply with all applicable rules and regulations of the Federal Communications Commission, and rica!codes of City and for State. Under this Lease,the Owner assumes no responsibilityfor the licensing,operations and/or tenance of PPC's equipment, antennas, transmission lines or attachments. C. This paragraph is made subject to paragraph 19.F. B. OWNER hereby grants to PPC,as a primary inducement to PPC's entering into this Le ib • , . b b 19. COORDINATION OF OPERATION A. , , , , , cause inconvenience,expense and economic loss to PPC. Therefore,OWNER agrees(i)to use its best efforts to minimize such •GROUND AND TOWER LEASE AGREEMENT(Revised 4-18-96) 8 70k — /o • • inconvenient , to PPC by, o b , 0 5 O using its best efforts not to cause or permit any interruption or interfere with the operations of PPC's antennas or equipment,during the hours of 4:00 p.m. to 7:00 p.m.on any weekday,and(ii)to give PPC notice of any repairs, alterations,additions or improvements to be made with respect to the maintenance and operation of the Tower and the Property or of any planned shut downs assoicated with 00 he Tower for scheduled or routin maintenance that might adverstly affect the operation of PPC's wireless communications facility, nnas or equipment. B. Only qualified and adequately insured employees, agents,contractors or persons under PPC's direct supervision will be permitted to climb the Tower and to install, maintain, or remove PPC's antennas and/or equipment from the Tower. OWNER retains the right to permit its own employees and agents and employees and agents of the subsequent users of the Tower to climb the Tower for the purpose of repair and maintenance or for any other purposes that do not interfere with PPC's use of the Tower,and so long as PPC complies with the provisions of Paragraph 19 of this Lease. C. OWNER shall not permit any person, including without limitation any contractor, employee,agent,tenant,or invitee,to work within a ten (10) foot radius of PPC's antennas unless PPC is notified prior to such activity. OWNER agrees to give PPC reasonable advance written notice(except in the case of emergency where advance written notice cannot be reasonably given, in which event, OWNER shall give PPC telephonic notice (at 1-817-258-1944) of repairs, alterations, additions, or improvements to be made with respect to the maintenance and operation of the Tower and the Property within such radius of the antennas. D. In the event that OWNER determines that any equipment or operation of PPC causes radio interference, as defined and regulated by the Federal Communications Commission,or interferes with the operation or use of the Tower or with any of OWNER's facilities or OWNER's equipment on the Tower, then (i) PPC shall have thirty(30)days within which to correct such radio interference,pursuant to Paragraph 11.A.(2)hereof. , . Unless such interference is with OWNER's emergency communications then such interference shall be corrected immediately or terminated E. It is further understood and agreed that OWNER may perform reasonable routine maintenance,painting,etc. of the Tower without compensation or liability to PPC,even though such maintenance and painting may cause interference with PPC's operations. OWNER shall notify PPC at least sixty(60)days prior to any scheduled maintenance or painting on the Tower that iiii be likely to interfere with the operation of PPC's equipment and SHALL allow PPC to construct and operate temporary ties on OWNER's Property. OWNER shall not be required to notify PPC prior to performing any emergency maintenance e Tower. F. In addition to the requirements at subparagraph D of this paragraph,PPC covenants and agrees that PPC's equipment, its installation,operation and maintenance will not interfere with the operation of pre-existing radio equipment on the Tower, whether operated by OWNER or other operators prior to installation of PCC's antenna and/or transmission lines on the Tower. PCC shall coordinate with OWNER and all other pre-existing radio equipment at the Tower site in the future. PPC agrees to take all reasonable measures to eliminate any radio interference, as defined and regulated by the Federal Communications Commission, with said pre-existing radio equipment, however, in no event shall PPC be required to remove its antennas or equipment from the Tower. In the event there is harmful radio interference to said pre-existing equipment, PPC will promptly take all steps necessary to identify the problem, and, if caused by PPC's equipment,take all reasonable steps to eliminate said harmful radio interference within ten(10)days after notice from OWNER or such other pre-existing operator to PPC advising of the interference. If said interference cannot be eliminated within thirty(30)days notice thereof,PPC agrees to suspend operations (transmissions) at the Property while the radio interference problems are studied and a means found to mitigate them. If said interference cannot be eliminated,then PPC shall remove its shelter and equipment from OWNER's Property, and this Lease shall thereupon be terminated. 20. LIGHTING OF ANTENNAS OWNER hereby agrees that, if because of PPC's operations on the Property any laws or regulations of the Federal Aviation Administration,Federal Communications Commission or any other relevant governmental agency or body require or recommend that PPC's antennas and/or the Tower be lit and/or marked,PPC may install and maintain such lighting and markings. In no event, however, shall PPC be responsible for the installation or maintenance of any lighting or markings required by the operations of likROUND AND TOWER LEASE AGREEMENT(Revised 4-18-96) 9 OWNER or any other tenant in the Tower. OWNER will permit PPC access to all portions of the Tower that PPC may need in order to check and replace such required or recommended lighting or marking. 21. BROKERS ER and PPC represent to each other that they have not negotiated with any real estate broker in connection with this Lease. J + + b, O 22. ESTOPPEL CERTIFICATES A. OWNER, at the request of PPC,shall provide PPC with a certificate stating:(1)whether OWNER has any claim against PPC and if so,stating the nature of such claim: (2)that OWNER recognizes PPC's right to PPC's antennas,equipment and other property;(3)that PPC has the right to remove PPC's equipment and other property from the Property notwithstanding that same may be considered a fixture under local law; and(4) that OWNER has no interest in and disclaims any interest to PPC's equipment and other property. B. PPC,at the request of OWNER,shall provide OWNER with a certificate stating:(1)that this Lease is unmodified and in full force and effect(or, if there has been any modification,that the same is in full force and effect as modified and stating the modification);(2)whether or not,to PPC's knowledge,there are then existing any set-offs,or defenses against the enforcement of any of the agreements,terms,covenants or conditions hereof upon the part of PPC to be performed or complied with(and, if so specifying the same); and(3)the dates, if any,to which the rent has been paid in advance. 23. MISCELLANEOUS PROVISIONS A. This agreement is not a franchise and does not authorize PPC to use city right-of-way to conduct a telecommunications business in the City. If the City determines that a franchise is required for PPC to conduct its telecommunications business in the city,the City will expect PPC to obtain a franchise in accordance with law. ilkB. OWNER warrants and agrees that OWNER is seized of good and sufficient title to and interest in the Property as full authority to enter into and execute this Lease and that here are no undisclosed liens,judgments or impediments of title on OWNER's Property that would affect this Lease. C. This Lease, including attached exhibits which are hereby incorporated by reference,incorporates all agreements and understandings between OWNER and PPC,and no verbal agreements or understandings shall be binding upon either OWNER or PPC, and any addition, variation, or modification to this Lease shall be ineffective unless made in writing and signed by the parties. D. OWNER agrees that OWNER's Property (including, without limitation, the Tower) and all improvements comply,and during the term of this Lease,shall continue to comply with all building,life/safety,disability and other laws,codes and regulations of any applicable governmental or quasi-governmental authority. All such compliance shall be accomplished at OWNER's sole cost and expense. Except for improvements made by PPC, OWNER, at its sole cost, shall maintain in good condition and repair,the Tower and other improvements upon which the Property is located. PPC agrees that PPC's property and, all equipment and improvements erected hereunder shall comply,and during the term of this Lease,shall continue to comply with all building, life/safety, disability and other laws,codes and regulations of any applicable governmental or quasi-governmental authority. All such compliance shall be accomplished at PPC's sole cost and expense. PPC, at its sole cost and expense,shall maintain the appearance of all such equipment and improvements in a manner or condition not materially different from that at the time of installation. E. This Lease and the performance hereof shall be governed,interpreted,construed and regulated by the laws of the State of Texas. Any litigation concerning this Lease shall be conducted in Tarrant County,Texas and the parties hereby agree to the venue and personal jurisdiction of these courts. 4110GROUND AND TOWER LEASE AGREEMENT(Revised 4-18-96) ® 10 F. This Lease,and each and every covenant and condition herein,is intended to benefit the Property and shall extend to and bind the heirs, personal representatives,successors and assigns of the parties. G. The parties agree that all of the provisions hereof shall be construed as both covenants and conditions the same if the words importing such covenants and conditions had been used in each separate paragraph. H. The parties acknowledge that each has had an opportunity to review and negotiate this Lease and have executed this Lease only after such review and negotiation. The language of each part of this Lease shall be construed simply and according to its fair meaning, and this Lease shall not be construed more strictly in favor or against either party. I. At OWNER's option,this Lease shall be subordinate to any mortgage by OWNER which from time to time may encumber all or any part of the Property,provided that every such mortgagee shall recognize(in writing and in a form acceptable to PPC's counsel)the validity of this Lease in the event of a foreclosure of OWNER's interest and also PPC's right to remain in occupancy and have access to the property as long as PPC is not in default of this Lease. PPC shall execute whatever instruments may reasonably be required to evidence this subordination. If,as of the date of execution of this Lease,there is any deed of trust, ground lease or other similar encumbrance affecting OWNER's Property,OWNER agrees to use its best efforts in cooperating with PPC to obtain from the holder of such encumbrance an agreement that PPC shall not be disturbed in its possession, use and enjoyment of the Property. J. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable,then such portion shall be deemed modified to the extent necessary in such court's opinion to render such condition enforceable and, as so modified,such portion and the balance of this Lease shall continue in full force and effect. K. If either party institutes any action or proceeding in court to enforce any provision hereof, or any action for damages for any alleged breach of any provision hereof, then the prevailing party in such action or proceeding shall be entitled to receive from the non-prevailing party such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing party,together with its other reasonable litigation expenses. L. In addition to the other remedies provided for in this Lease,OWNER and PPC shall be entitled to immediate restraint by injunction of any violation any of the covenants,conditions,or provisions of this Lease. M. The captions of the paragraphs of this Lease are for convenience of reference only and shall not affect the retation of this Lease. IN WITNESS WHEREOF,OWNER and PPC have duly executed this Lease as of the day and year first above written. PPC: PPC PRIMECO,L.P., a Delaware limited partnership By: Name: Douglas Athas Its: Director-Site Development OWNER: City of Southlake,Texas By: Name: Its: Tax No: &ROUND AND TOWER LEASE AGREEMENT(Revised 4-18-96) 11 NOTARIES-GROUND AND TOWER LEASE AGREEMENT STATE OF TEXAS •UNTY OF The foregoing instrument was acknowledged before me this day of 1996, by ,of a corporation, on behalf of the corporation. ❑by partner(or agent)on behalf of , a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC-STATE OF (PRINTED,TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of 1996, ,of a ration,on behalf of the corporation. 0 by partner(or agent)on behalf of ,a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC-STATE OF (PRINTED,TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: ROUND AND TOWER LEASE AGREEMENT(Revised 4-18-96) 111 12 /O , - /� EXHIBIT "Al" • LEGAL DESCRIPTION OF OWNER'S PROPERTY SITE ID: R0034 That certain parcel or parcels of land located in the City of Southlake, County of Tarrant, State of Texas, more particularly described as follows, to-wit: BEING 10.00 acres of land out of the L. B. G. Hall Survey, Tarrant County, Texas and described by metes and bounds as follows: BEGINNING at an iron pin 25.0 feet West and 993.2 feet South of the Northeast corner of the L. B. G. Hall Survey, said point being in the West line of County. Road No. 3016; THENCE South, along the West line of said road, 335.6 feet to iron pin for corner; THENCE South 89 degrees 34 minutes West, 1296.6 feet to iron pin for corner, THENCE North 1 degree 07 minutes West, along fence line, 335.6 feet to iron pin for corner; THENCE North 89 degrees 34 minutes East, 1303.2 feet to the POINT OF BEGINNING, and containing 10.00 acres of land, approximately; SAVE AND EXCEPT any part or portion thereof in the use or occupancy of any public road or highway r Initialed (TEX/HAW/ILLUWIS/IND 10/5/95) GROUND AND TOWER LEASE AGREEMENT • 10X -/ EXHIBIT "A2" IIIDEPICTION OF PROPERTY SITE ID: R0034 The leased Property, as depicted by cross-hatching in the drawing below, is situated within Owner's Property as described in Exhibit"Al". S 1 vi . . _ ---- ti y =F ter► ,R_ ,- „gy - vn -t� .\--V, ; i / _4 ,„ : \ \ 1 \ 1 \ \ \ \ �� '\N. 1\ I 1� ��'e\\. \ \ \1 \ \ \ \ 11 )\ I - / r------s \\ �\ \ ,; 11y \ ( , �� I:, lel a , ., ,. \0\ \ 1, ,\.\ \ \ , ‘ , . %. \1.. \ 1 t, \ \ s ,\ f 1 ; 1 0 S ,� ' ,.-- ? ...4i4 : \ t (A > .,j,.. i----- CI'N\V" .. ( .. \ -k - 44-1(4- tih-c\.(%. I . •-a .'Pva a. .M• C c < C,-• : c \ • \ . V AA V Ca TO BE REPLACED UPON COMPLETION OF SITE SURVEY IF /p X -/(' EXHIBIT "A3" • PCS'S SPACE ON TOWER SITE ID: R o0 34 Antennas will be mounted on the Tower located on Owner's Property described in Exhibit"Al", at a height of 77', and oriented at 07 120,' and 240°. an�enno. I 7 /0/, - /7 EXHIBIT B to the Tower/Ground Lease Agreement dated May _, 1994, • between the CITY OF SOUTHLAKE, as Lessor, •and METROPLEX TELEPHONE COMPANY, d/b/a MetroCel Cellular Telephone Company, as Lessee Environmental Laws As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances,judicial or administrative decrees, orders, decisions, authorizations or permits pertaining to the protection of human health and/or the environment, including,but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq., the Clean Air Act, 42 U.S.C. §§ 7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 1101, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq., the Oil Pollution Control Act, 33 U.S.C. §§ 2701, et seq., and Texas superfund laws, or any other comparable local, state or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. This definition includes all federal, state or local land use laws dealing with environmental sensitivity including, but not limited to, laws regarding wetlands, steep slopes, aquifers, critical or sensitive areas, shorelines, fish and wildlife habitat, or historical or archeological significance. As used in this Lease, "Hazardous Substance" means any hazardous or toxic substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time; any and all material waste or substance defined as hazardous ursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and their byproducts. • S -1- rox, - /s Vlly VI ODULIIIdIW, ItlAdb MEMORANDUM April 19, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Work Session on Water and Wastewater The following is an outline of what I feel are items/issues to be discussed with the City Council. We will use plan "boards" to present the information to Council. I. Wastewater Issues A. Denton Creek Pressure System (DCPS) - Continuation of the DCPS from White Chapel Blvd. to Lonesome Dove Ave. and the relationship of the Diversion Agreement. • B. Wastewater Treatment Plants • Dove Estates 411 • Bank Street II. Water Issues: A. Regional Water System B. S.H. 114 water line to Trophy Club C. Ground storage on T.W. King • III. Water Management Plan - We plan to present an outline of a water management plan to be able to reduce the summer peak hour and peak day flows. BW/sm wp611 wpdocs l wthead.mem l agenda l outline • / Jet 1 ' CITY OF SOUTHLAKE Employment Agreement City Manager THIS AGREEMENT, made and entered into this day of , 1996, by and between the City of Southlake, State of Texas, a municipal corporation, chartered under the constitution of the State of Texas as a home rule city, herein after called "Southlake" and Curtis E. Hawk, hereinafter called "City Manager," both of which parties hereto understand and agree as follows: WITNESSETH: WHEREAS, Southlake desires to employ Curtis E. Hawk as City Manager of the; City of Southlake, as provided by the Southlake City Charter; and • WHEREAS, it is the desire of the Southlake City Council to provide certain benefits, establish certain conditions of employment, and set certain working conditions of said City Manager; and WHEREAS, Curtis E. Hawk desires to accept employment as City Manager of said City on the terms outlined herein; • NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and hereinbefore stated, the parties hereto agree as follows: Section 1. Employment and Duties Southlake hereby agrees to the continued employment of Curtis E. Hawk as City Manager of Southlake and Curtis E. Hawk agrees to perform the functions and duties specified in the Southlake City Charter, and to perform such other duties and functions as the City Council shall from time to time assign. Section 2. Term A. Nothing in this Agreement is intended, nor shall same be construed, to in anywise create a limitation of term of City Manager's appointment as City Manager of the, City of Southlake for less than an indefinite term, nor to anywise abridge the authority, of City Manager as Chief Administrative Officer of the City of Southlake. B. Likewise, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of City Manager at any time, subject only to the provisions set forth in Section 3, paragraphs A and B, of this Agreement. Employment Agreement City Manager Page 2 C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Manager to resign at any time from his position with Southlake, subject only to the provisions set forth in Section 3, paragraph D, of this Agreement. D. City Manager agrees to remain in the exclusive employ of Southlake as its City Manager until , and for any further periods for which this contract may be extended, and neither to seep, accept, nor to become employed by any other employer until said termination date, unless this Agreement is earlier terminated as hereinafter provided. E. The term "exclusive employ" is not construed to include occasional teaching, writing, or lecturing by City Manager. Section 3. Termination and Severance Pay A. In the event City Manager is terminated by the City Council after the effective date of this Agreement and before expiration of the aforesaid term of employment and during such time City Manager is willing and able to perform his duties of City Manager, then, in that event, Southlake agrees to pay City Manager a lump sum payment in an amount equal to six (6) months salary at the then current salary of City Manager and to extend City Manager's health and life insurance for six months. B. In the event City Manager is terminated "for cause," Southlake shall have no obligation to pay the cash severance payment designated in this paragraph. The term "for cause" shall mean: 1. Any willful breach, disregard or habitual neglect of duties requested of City Manager by the Southlake City Council formally communicated to City Manager or required to be performed by City Manager hereunder or under the Charter and ordinances of the City of Southlake and the laws of the United States and the State of Texas. _ 2. Any misconduct of City Manager involving an act of moral turpitude or of illegality. 3. Any misapplication or misuse by City Manager of City funds entrusted to or administered by City Manager. C. In the event Southlake, at any time after the effective date of contract and during the employment term hereof, reduces the salary or other financial benefits of City Manager in a greater percentage than an applicable across-the-board reduction for all city employees, or in the event Southlake refuses, subsequent to such date and following written notice, to comply with any provision hereof benefiting City Manager herein, then, Employment Agreement City Manager Page 3 in that event, City Manager may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply with terms hereof by Southlake and'shall be entitled to the cash severance payment and insurance benefit extension provided for above. D. In the event City Manager voluntarily resigns his position with the City of Southlake before expiration of the aforesaid term of employment, then City Manager shall'give the City of Southlake two (2) months notice in advance, unless both parties agree otherwise. Section 4. Salary Southlake agrees to pay City Manager for his services rendered pursuant hereto an annual base salary of payable in installments at the same time as other employees of Southlake are paid. Such annual salary may be modified from time to time by notice to City Manager, in writing, referencing this Agreement and signed by the then Mayor or Mayor Pro Tern of the City of Southlake. Section 5. Hours of Work City Manager is an exempt employee expected to engage in those hours of work which are necessary to fulfill the obligations of the City Manager's position and therefore does not have set hours of work and is available at all times. City Manager acknowledges that the proper performance of duties as chief administrative officer of the City will often require the performance of necessary services at other times and for more extended periods. City Manager agrees to devote such additional time as is necessary for the full and proper performance of duties'and that the compensation herein provided for includes compensation for the performance of;all such services; however, it is the desire of Southlake that reasonable compensatory time off be permitted City Manager, such as is customary for all other exempt employees, so long as such compensatory time off does not interfere with the normal conduct of the Office of the City Manager. Section 6. Automobile. Mobile Phone, and Other Expenses A. City Manager's duties require that he shall have the exclusive and unrestricted use of an automobile. Southlake shall acquire and maintain, as part of the City's fleet, an automobile during the term of this Agreement which shall be available for City Manager's exclusive and unrestricted use in the performance of his duties hereunder. B. A mobile phone and public safety radio will be provided for.City Manager's unlimited use in the performance of his duties hereunder. C. Southlake agrees to pay all reasonable business expenses incurred by the City Manager on City business. • Employment Agreement City Manager Page 4 Section 7. Dues and Subscriptions Southlake agrees to budget and to pay the dues of City Manager for membership in the following professional and civic organizations and subscriptions of City Manager necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for continued professional participation, growth and advancement, for the good of Southlake: American Society for Public Administration International City/County Management Association Texas City Management Association North Texas City Management Association Southlake Chamber of Commerce • Northeast Leadership Forum Section 8. Professional Development A. Southlake hereby agrees to budget and to pay the reasonable travel and subsistence expenses of City Manager for professional development and official travel in sums adequate to continue the professional development of City Manager and to adequately pursue necessary official and other functions for Southlake, including, but not limited to, the Annual Conference for the International City/County Management Association, the Texas Municipal League, and such other national, regional, state and local governmental groups and committees thereof which City Manager serves as a member, subject to City Council review and approval. B. Southlake also agrees to budget and to pay for the travel and subsistence expenses of City Manager for short courses, institutes and seminars that are necessary for professional development and for the good of Southlake. Section 9. Sick Leave City Manager shall be entitled to sick leave on the same basis as heretofore accrued and credited, and on the same basis as for all other general employees of the City of Southlake. Should City Manager become so disabled by injury or illness so as to be totally disabled from performing his duties as the City Manager, City Manager shall be additionally entitled to disability benefits which will continue City Manager's salary and other benefits hereunder for a period beyond and after accumulated vacation and sick leave not to exceed twelve (12) weeks in the aggregate. Employment Agreement City Manager Page 5 Section 10. Vacation City Manager shall be entitled to vacation leave on the same basis as heretofore accrued and credited, and on the same basis as for all other general employees of the City of Southlake. Section 11. Health Insurance and Annual Medical Examination, Southlake agrees to provide dental, hospitalization, surgical and comprehensive medical insurance for City Manager and to pay the premium thereon, such benefits to be equal to that which is provided for all other city employees. Southlake further agrees to pay or reimburse,to City Manager the expenses of an annual medical physical examination"with appropriate tests being necessary or advisable by the examining physician of City Manager's choice for and during the term of this Agreement. Expenses for such annual physical medical examination shall in no event exceed those reasonably and customarily charged by area physicians for like examinations. Section 12. Retirement Southlake agrees to provide City Manager, to the full extent of his eligibility for same, retirement - benefits under the Texas Municipal Retirement System, same being the normal city retirement system presently in force. Section 13. Outside Employment City Manager acknowledges, for and during the term of this Agreement, that City Manager shall devote his full time and effort to performance of the duties required hereunder and shall not undertake, nor accept, any outside or other employment which would in anywise limit City Manager's performance of his duties hereunder or his availability for performance of duties hereunder without the prior consent of the Southlake City Council. Section 14. Investments It is further understood and agreed that because of the duties of City Manager within and on behalf of the City of Southlake and its citizenry, City Manager shall not, during the term of this Agreement, individually, as a partner,joint venturer, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City of Southlake, except as to stock ownership in any company whose capital stock is publicly held and regularly traded, without the prior consent of the Southlake City Council. For and during the term of this Agreement, City Manager further agrees, except as to City Manager's personal residence or residential property acquired or held for future use as City Manager's personal residence, not Employment Agreement City Manager Page 6 to invest, without the prior approval of the Southlake City Council, in any other real estate or real property improvements within the corporate limits of the City of Southlake, Texas. Section 15. Indemnification A. Southlake shall indemnify City Manager against expenses (including attorney's fees) and amounts paid in settlement actually and reasonably incurred by him in connection with the defense of any civil, criminal or administrative action, suit or proceeding in which he is made a party or with which he is threatened, by reason of being or because of any act as City Manager within the course and scope of his duties and employment hereunder if he acted in good faith and in a manner in which he reasonably believed to be in or not opposed to the best interest of Southlake, and with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. B. Notwithstanding the foregoing, he shall not be entitled to indemnification regarding (i) any matter in which he shall be adjudged to be liable for negligence or misconduct in the performance of his duties, or (ii) any matter in which he fails to notify Southlake of a claim within a reasonable time or fails to cooperate in the defense of such claim, but only to the extent that the defense of such claim is prejudiced by his failure to give notice or to cooperate. Section 16. Bonding Southlake shall bear the full cost of any fidelity or other bonds required of City Manager under any law or ordinance. - Section 17. Other Terms and Conditions of Employment A. The City Council shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, or any other law. B. All provisions of the City Charter, Code, and regulations and rules of Southlake relating to vacation, sick leave, retirement, pension system contributions, holidays, other fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to City Manager as they would to other employees of Southlake in addition to the other benefits enumerated specifically for the benefit of City Manager as herein provided. Employment Agreement City Manager Page 7 Section 18. Terms. Renewal and Extension Subject to the provisions of Section 2 hereof, it is intended by the parties hereto that, unless same be sooner modified or terminated as herein authorized, the initial term of this Agreement shall be from 1996, through . Commencing during the month of 1996, and on each successive during the term of this Agreement, the City Council shall review the employment of the City Manager and this Agreement generally and specifically for the purpose of determining extensions thereof for successive year periods. In the event the decision shall then be made to modify the annual salary of the City Manager and/or extend the term hereof for a successive one (1) year period, same may be effected by attachment of an addendum hereto in the form of an Exhibit "A" indicating any salary modification and term extension and signed by City Manager and the Mayor or Mayor Pro Tem of the City of Southlake. Section 19. General Provisions A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement, subject to the provisions of Sections 2 and 18 hereof, shall become effective commencing , and extend through , and for any and such other extensions as may be provided under the provisions of Section 18 hereof. C. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. Tfie:City..Counashall'conch an annual-revie:W70 he;Ci Mana er's=perfor ee on or before""April:1"of"each.:year: :";The :anrniaT'review;"is"a rocess"b'";which:actual e ormance is co `� _...__.o p ._.... .-:_ .. mpare against i�vritten standarrds establislieil aiia agreed;to:mterms:of key;dufies goals;T andµ performance dimensions for the proceeding year A written evaluation shall be piepired:by owcoo-oir men iber,;witli":the results;compiledrinto'a single,formbywthe Mayor:-"TheMayorxand City:(Council sb-or,i oef with-the-City"Manager in:Executive"Session µto'"di"scuss`tiie`evaluation: IN WITNESS WHEREOF, the City of Southlake has caused this Agreement to be signed and executed on its behalf by its Mayor and the below-named members of the Southlake City Council, duly attested by its City Secretary, and the City Manager has signed and executed this Agreement, both in duplicate, and day and year first above written. Employment Agreement City Manager Page 8 Gary Fickes, Mayor Andrew Wambsganss, Mayor Pro Tern Pamela Muller, Deputy Mayor Pro Tern W. Ralph Evans, Councilmember Sally Hall, Councilmember Michael Richarme, Councilmember Andrew Wambsganss, Councilmember City Manager: Curtis E. Hawk • Employment Agreement City Manager Page 9 ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney • c\wp511ah&cc ayrcmm.ceh/kb(4/12196) i� l% City of Southlake,Texas CAI MEMORANDUM April 16, 1996 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: South Hollow Developer's Agreement We have been informed that Art Clayton plans on protesting the South Hollow Developer's Agreement. The scenario, as we understand it, is as follows: Art submitted plans for the original South Hollow which showed the sanitary sewer for the western portion to go through the Versailles project. The original South Hollow project was abandoned when Council refused to allow a private gated community. Art came in with a plan for Napa Valley - Phase 2 which showed the sanitary sewer to go through the Versailles project. We requested that Versailles plan for appropriate easements, which they agreed to. Steve Gee presented plans for a new South Hollow. Based upon the plans submitted by Art Clayton for Napa Valley 2, we did not require South Hollow to construct a stub to the Napa Valley project. After the preliminary plans for South Hollow had been approved, Art informed us that he had decided to take the Napa Valley sewer to the east through the South Hollow project. We informed Art that he would have to construct the sewer line, but that we would require South Hollow to grant an easement and provide a stub out of their terminal manhole. Art began work on Napa Valley and attempted to install the sewer line on the South Hollow property without informing the property owner of his intention. Mr. Gee informed him that he was not allowed on the property. TO: CEH FROM: RJH April 16, 1996 Page 2 Art now wants the City to either force Steve Gee to construct the stub, allow him to continue construction, or place funds in escrow in order that South Hollow can complete the project at a later date. We feel that staff has worked to satisfy all parties, but as is so common, nobody is pleased with the situation. Bob Whitehead and I have spoken with all the parties and it does not appear that an early resolution is at hand. RJH/ TEXAS UTILITIES ENSERCH Corp. PRESS RELEASE For more information, contact: TEXAS UTILITIES, ENSERCH AGREE TO COMBINE DALLAS, Texas (April 15, 1996) -- In a historic and innovative step that will enhance service for millions of Texas electric and natural gas customers, Texas Utilities Company and units of ENSERCH Corporation entered into a definitive agreement to combine, the two companies announced Monday. The agreement is subject to shareholder and certain regulatory approvals. Under the terms of the agreement, approved by both.companies' boards of directors, Lone Star Gas and Lone Star Pipeline, the local distribution and pipeline companies of ENSERCH, and other businesses will be merged into Texas Utilities. Texas Utilities owns two electric utilities in Texas, Texas Utilities Electric Company (TU Electric) and Southwestern Electric Service Company(SESCO), which together serve almost 2.4 million customers. Lone Star Gas serves more than 1.3 million customers, many of whom are also customers of Texas Utilities. "This action allows us to continue the tradition of excellence in meeting the. needs of customers," said Erle Nye, president and chief executive of Texas Utilities Company. "The success of this exciting opportunity will be measured by the enhanced service to both companies' customers." "The combination of these two great Texas companies means that the decision-making will remain in the communities we serve, an important consideration during an era of national and international business consolidations," said David Biegler, chairman, president, and chief executive officer of ENSERCH. , Both said the merger will allow significant operational efficiencies as roles and duties are consolidated. Specific changes will not be known until the transition process has begun. It is anticipated that attrition, reassignment, retraining, and controlled hiring will account for many of the changes. "A combination of these companies is a natural one," Nye said. "Cost savings will benefit customers and shareholders by keeping energy costs low. This is a major step for the Texas economy. Our commitment to Texas cannot be overstated." "The responsibilities of corporations extend beyond the bottom line," said Biegler. "And, the responsibilities of providing electric and gas services to millions of Texans are important. In our vision these responsibilities come first." "This combination will bring customers enhanced customer service and convenience," said Nye. "In addition, the operational efficiencies of the new organization will mean rates for • gas and electric service will remain low and competitive." Under the terms of the agreement, which have been approved by the boards of directors of both Texas Utilities Company and ENSERCH Corporation, the terms of the transaction are that Enserch.Exploration, Inc., an exploration and production company, will be spun off as an independent company. Texas Utilities will acquire the remaining companies for $1.7 billion, which is composed of$1.15 billion net debt and preferred stock and $550 million for common stock and which will be exchanged for the outstanding shares of ENSERCH at the close of the transaction. APR— 2-96 TUE 1 1,:39 Ft worth P 11a9 SUAP I`9 �F1 f4ya�a L L r.cri �,A° 7 ,,.� -� �' y 4• eal14'`Jr-s deb frG/..d/ev ��l .rL7�1,� April 2, 1996 '.744 i``d /21E.+rr4 "1"ddirf. To: Mayor Fickes and City Council membersPiatfra) 3 Y/ From: Gary Hargett //t) The following request has been spurned by an increasing concern I have about Public Safety. First , I feel our Fire Dept. does an excellent job, however, there is always room for improvement. With the addition of on Infra Red Detector Southlake's Public Safety dept will be armed with a weapon that will allow them to save lives and minimize fire damages. My suggestions for fund-raising: 1. a city wide mailer explaining the benefits and requesting donations 2. a student awareness orientation with copies of this mailer distributed to parents by their children 3. Mayor Fickes invitation to the business community to participate Southiake's Public Saftey Dept. has not had the opportunity to field-test. however, this equipment was used in the Persian Gulf War by the military and several municipalities are using an Infra Red detector. I would like to suggest we contact these cities for their experiences while we are waiting to conduct our own field-tests, The Mgr. will most likely move Southlake to the top of their prospect list once they become aware a purchase order is pending awaiting our validation. I would request Mayor Fickes take the lead in this community project.. This personifya the image, of Southlake and its residents commitment to excellence. And as you prepare to conclude your duties as Mayor - I can't think of a more beneficial project for Southlake residents. Thank you for the opportunity to bring this request public. Sincerely, Gary Hargett