1997-11-02 CC Packet City of Southlake, Texas
MEMORANDUM
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October 31, 1997
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TO: Honorable Mayor and Members of City Council j
FROM: Curtis E. Hawk, City Manager
SUBJECT: Agenda Item Comments and Other Items of Interest for City Council
Meeting November 4, 1997
Please note: the Council meeting will be held in the DPS training room upstairs at City Hall.
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There are no items on the agenda that are not routine. Hopefully, we will be in and out in a
matter minutes. We do have the executive session item on the agenda in case there are
developments in the Westlake case or other pending legal matters. Recall this change is
necessitated due to the conflict with the election and lack of meeting space, as well as, our
inability to change the date due to City Charter.
1. Agenda Item No. 5A. Resolution No. 97-68. Voting for Directors of the Tarrant
Appraisal District. As you recall, at the first meeting in October, you nominated Mr.
Mike Davis to the Board of Directors of the Tarrant Appraisal District. He is now on the
official ballot and this resolution is brought forward to document your votes. Based on
your discussion at the previous City Council meeting, we assumed you would cast your
votes collectively for Mr. Davis and therefore, the resolution is written accordingly. If
you decide to split your votes among the nominees, we can make the changes you desire.
2. Agenda Item No. 5B. Resolution No. 97-69. establishing a moratorium on Sexually
Oriented Businesses. As noted in the memo from Zoning Administrator Karen Gandy, this
resolution is brought forward in order to allow adequate time to review the existing
Ordinance No. 399 and Ordinance No. 480. Given the current work load and ordinance
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 31, 1997
Page 2
revisions already underway, we feel that 180 days is an appropriate amount of time.
Contact Karen Gandy at ext. 743 regarding this issue.
3. Agenda Item No. 5C. Resolution No. 97-70. appointing members to the Tax Increment
Reinvestment Zone Board. Significant progress has been made since the creation of the
Zone on September 23. All of the taxing jurisdictions have committed, at least verbally, to
participate in the TIF. The following highlights the status of each of the taxing entities.
• TCJC has approved a letter of intent (indicating they want to participate in the
zone, but not specifically at what amount) and passed a resolution appointing Dr.
Larry Darlage as their representative on the Board.
• Tarrant County approved a letter of intent and indicated they will appoint a
representative prior to November 21.
• The Hospital District will consider their appointment to the Board and their
participation agreement at their November 20 meeting.
• CISD will be appointing Ted Gillum at their November 10 meeting, and they feel
they will be able to approve their participation agreement on November 17.
Resolution 97-70 appoints the City's representatives to the Board. With the advice of the
City's Bond Counsel, Ed Esquivel, the Reinvestment Zone Ordinance was designed to give
the City the ability to appoint eight members to the Board. Since the statute only permits
each of the other taxing entities to designate one member to the Board, this "extra"
appointment will allow us to appoint the second representative of CISD that we have
agreed to in our preliminary negotiations. Staff has contacted CISD and they have
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 31, 1997
Page 3
indicated that they would prefer that Board President Buddy Luce be the City's
appointment. Ted Gillum will be appointed by CISD.
Over the next few weeks, it will be necessary for the Reinvestment Zone Board of
Directors to meet regularly to finalize the project and finance plan. At the same time, staff
will be working with the overlapping taxing jurisdictions to assist them in designing their
participation agreements. The first Reinvestment _Zone Board Meeting will be held on
Wednesday November 5 at 7:30 p.m. in Council Chambers. It is essential that you attend
to ensure that the City's interests are addressed,
4. Agenda Item No 5D Award of bid for Janitorial Services As noted in the attached
memo from Finance Director Lou Ann Heath, we received four bids for janitorial services
for the municipal facilities. We chose not to exercise our renewal option with the current
contractor due to dissatisfaction with their service. The recommended bidder's references
have been checked and they are satisfactory. The low bid of $18,660 is more than the
budgeted estimated amount of$15,600, however, we will make up the difference out of the
Professional Services line item budgeted in Support Services. If you have any questions
regarding this item, please contact Lou Ann Heath at ext. 716.
5. Agenda Item 5E. Developers Agreement for Lot 12R2 and Lot 12R1 of Diamond Circle
Estates. This is a standard developer agreement - only slightly abridged. This contract
covers only the extension of sanitary sewer to the referenced lot. You will note that the
developers agreement is not attached. The City Hall server was down most of this week
and has created difficulties accessing certain documents. The system should be operational
by Monday, and the developers agreement will be available at the meeting. The change is
insignificant enough that it can be quickly explained prior to your consideration.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 31, 1997
Page 4
6. Agenda Item No.8A. 1st Reading. Ordinance No. 480-262, ZA 97-136. Rezoning / Site
Plan for the Courtyard at Timarron from "R-PUD" with "C-2" uses to "S-P-1" with "0-
1 ' uses. This rezoning request (if approved) will downzone the site from C-2 to 0-1 uses.
The site plan which accompanies the request is the same site plan Council approved (4-0)
with case ZA 97-132 on October 21. 1997 with the following one exception.
The required parking (which generated some discussions during the previous case) was
revised to limit the medical-related uses to a maximum of 15,000 s.f. and to establish a
new parking ratio of 1 space for each 275 s.f. of floor area. You will note in P & Z's
motion that they recommended that the medical uses not exceed 33% of the floor area.
This percentage equates to the 15,000 s.f. of floor area shown on the current plan. Staff
feels that this revision will better regulate the number of required parking spaces as each
phase of development is constructed.
As you will recall, the developer, Richard Meyers, agreed to this downzoning of the site
(to the least intensive zoning district which will permit the intended development) in order
to provide a "comfort level" to the surrounding neighborhoods. The neighborhoods
support the change. Contact Dennis Killough at ext. 787 or Karen Gandy at ext. 743 if
you have any questions regarding this request. Staff recommends that this item be moved
to the consent agenda for Council action.
7. Agenda Item No 8B ZA 97-139 Plat Showing for Lots 3 and 4 Thomas Easter No 474
Addition (Commerce Square development) Although this item is routine, City Council
action is required under Section 4.04 of the Subdivision Ordinance because it involves
more than one lot. (Single-lot plat showings are processed at the staff level.) There are no
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 31, 1997
Page 5
significant issues remaining on this plat. P & Z approved the plat subject to staffs review
letter with a (5-0-1) vote. (Joe Wright abstained from voting on this case due to his
affiliation with Terry Wilkinson, owner of the property.) Contact Dennis Killough ext.
787 if you have any questions regarding this request. Staff recommends that this item be
moved to the consent agenda for Council action.
8. Agenda Item No. 8C. ZA 97-140. Plat Showing of Lots 6 and 7, T.M. Hood No 706
Addition. being 9.814 acres (Keene). As with the previous item, City Council action is
required because more than one lot is involved. There are no significant issues remaining
on this plat. P & Z recommended approval subject to staff's review letter with a (6-0)
vote. Council approved the rezoning of this property to SF-1A on October 21, 1997 with
a (4-0) vote. Contact Dennis Killough at ext. 787 regarding this request. Staff
recommends that this item be moved to the consent agenda for Council action.
OTHER ITEMS OF INTEREST
9. Land Use Plan Update. The 1997 Land Use Plan update is proceeding diligently at this
point. The Commission met last night (Thursday the 30th) and discussed areas G and H.
Their next meeting (tentatively November 13) will address all study areas and their
compatibility with one another. Contact Greg Last at ext. 750 or Chris Carpenter ext. 866
if you have any questions regarding the 97 LUP update.
10. United WayCampaign. On October 24, the City held its annual United Way Kick-off
Event - a Country BBQ. This event was to start the City's United Way campaign and to
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 31, 1997
Page 6
raise funds for United Way of Tarrant County. At the BBQ, $1,230.16 was raised from
meal tickets, raffle tickets, jail contributions and auction. As of Friday afternoon October
31, the total contributions from the BBQ and employee contributions is $11,991.90. The
City's goal this year is $13,500. Not all of the employee cards have been received as of
today. More contributions are expected and the total will be collected by United Way on
Monday, November 3.
Thank you to Mayor Stacy and Councilmembers Pamela Muller and Scott Martin for their
support and assistance during the kick-off event.
11. SPIN Summit. SPIN plans to host a follow-up meeting for interested parties to discuss the
next steps to take as a result of the summit. The top four projects identified by the
participants were:
Library 24 points
Nature Center 20 points
Multi-use recreational facility/joint use funding 17 points
City entrance portals 15 points
The reaction from most participants has been generally favorable. At their meeting last
night, the SPIN representatives felt the summit went well considering the time constraints.
We have identified some areas for improvement, but also feel that it was a great
accomplishment to get so many participants on a Sunday afternoon.
12. Early Voting Update. Early voting for the Crime Control and Prevention District and the
Town Hall closed today at 5:00 p.m. We have had approximately 100 people vote early,
which is significantly less than most elections at this point.
The October issue of the Southlake In Review went out today, and includes the letter from
the City Council regarding the Crime Control and Prevention District and a "Q&A" sheet.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 31, 1997
Page 7
13. Telecommunications Update. Attached to my memo is a summary from the TML
Legislative Update regarding the FCC ruling in the TCl/Troy, Michigan case. You may
recall that in this case, TCI requested the FCC preempt the city's telecommunications
ordinance, specifically:
• whether TCI could provide telephone services as part of their cable franchise,
without obtaining a telephone franchise;
• whether TCI could provide these telephone services without paying telephone
franchise fees; and
• whether the calculation of franchise fees based on a percentage of gross revenues
was fair.
As noted in the article, the FCC's ruling was generally favorable to cities, although the
FCC did take a narrow approach in its findings. It deliberately left several specific issues
unresolved, leaving open the question as to how it will approach many of these issues.
The FCC seems to find little distinction between right-of-way management and
reimbursement for use of public lands, and a City's right to exercise its franchise authority
over a service provider.
We participated in this legal case both monetarily and with letters to Congress, due to its
extreme importance to cities. We will continue to monitor the various events relating to
telecommunications. There are other issues and potential rulings by the FCC that are
ongoing and are of concern to us as well.
14. Senior Adult Activity Center Report. The kick-off day for the Senior Adult Activity
Center renovation project on October 25 was a huge success! Over 100 volunteers
participated in Southlake's Make a Difference Day project, including 95 individuals on
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 31, 1997
Page 8
Saturday and 35 on Sunday. A few volunteers have continued renovations throughout the
week. Because of the large volunteer turn-out, we are ahead of schedule. We are looking
forward to continuing the Senior Center Renovation Project and hope to have the center
open around the first of the new year. We are still recruiting volunteers with experience in
the skilled trades and are still in need of donated materials. Please feel free to come by the
house and see the renovation process first hand. Call Shelli at ext. 806 if you have any
questions.
15. Clean Cities 2000. Clean Cities 2000 is a statewide environmental partnership program
initiated by the Texas Natural Resource Conservation Commission. It is a voluntary
program, and its aim is to stimulate voluntary environmental excellence. This program
recognizes local governments that voluntarily develop comprehensive environmental
programs that contribute to reduce solid waste disposal and protect air, land, and water
quality. In order to be accepted as a Clean City 2000, staff prepared a plan of action
outlining several initiatives the City will implement to improve our local environment.
The City was recently informed that they were accepted as a Clean City 2000 and might
have the honor of a TNRCC Commissioner visit on Texas Recycles Day - November 15.
The Commissioner would recognize the City's efforts and present the City with its Clean
Cities 2000 sign. Keep Southlake Beautiful is working with Home Depot organizing a
special event for the day. We will let you know when the Commissioner's visit is
confirmed.
16. Please note on the enclosed calendar:
• Shana Yelverton will be back, part time, on Monday, November 3
• City Council meeting on Tuesday will be in the DPS Training Room
• Flu Shots will be given on Wednesday, November 5, 8:00 a.m. - 12:OOp.m.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 31, 1997
Page 9
• TIF Board Meeting on Wednesday, November 5, 7:30 p.m., Council Chamber
• My deposition in the Westlake lawsuit, Thursday, November 6
• Canvass of votes for the November 4 election will be Monday, November 10
• Leadership Southlake will be November 11
FCC RULING LEAVES CITTS
TELECOMMUNICATION-9 ORDINANCE IN PLACE
On September 19, 1997, the FCC issued its long-awaited ruling in the TCl/Troy case, in which
the TCI cablevision company requested the FCC to preempt the city's telecommunications
ordinance. Although the decision is generally a victory for Troy, the FCC failed to recognize the
distinction between a city's exercise of its cable franchising authority and management of its
rights-of-way. The FCC seems to view the process of issuing a permit to engage in construction
in the rights-of-way as a function of a city's franchising authority rather than right-of-way
management. This may be of potential significance as cities consider, adopt, and implement
telecommunications ordinances and right-of-way management plans. In the end, although the
FCC has left Troy's ordinance intact, the tone and language of the decision reveals only a
begrudging admission from the FCC that cities have a legitimate role in telecommunications
regulation and right-of-way management, and that the exercise of that authority is consistent with
federal law.
The FCC in large part denied TCI's request and left in place the ordinance, which requires any
telecommunications service provider using the city's rights-of-way to first obtain a franchise if it
is transacting business in the city, or a license if it is providing service outside the city. The FCC
found that TCI and its supporters failed to demonstrate that Troy's ordinance prohibited or
effectively prohibited TCI or any entity from providing telecommunications service in the city.
Thus, the FCC concluded that there was no showing that the ordinance violated the "barriers-to-
entry" provision of federal law.
Although the ruling is mostly a victory for Troy, the FCC did find that the city violated the
federal law in one limited respect. The city had placed a condition on two construction permits
( issued to TCI for the installation of new or upgraded cable television facilities in the city's rights-
of-way. Because the city was concerned that TCI might use these facilities for purposes other
00ithan those permitted in TCI's cable franchise, the condition on the permits precluded the use of
the facilities for telecommunications until TCI obtained any needed legal consents to provide
such service. (For example, TCI is required to comply with existing law before using the
facilities to provide telecommunications service). The FCC concluded that this condition
violated the law because it combined the city's cable franchising authority and
telecommunications regulation. This aspect of the decision is not, however, expected to have
much impact in Troy, because the legal requirements with which TCI needs to comply remain in
effect.
The case has received wide-spread notoriety because it raised a number of important issues
involving: (1) municipal authority to manage and receive fair and reasonable compensation for
the use of the public rights-of-way; and (2) the extent to which a city may require
telecommunications service providers, including existing cable operators, to obtain a franchise or
similar authorization before providing telecommunications service. TCI argued that because it
already had a right to use the city's rights-of-way under a cable franchise, Troy could not require
TCI to obtain a separate telecommunications franchise. TCI also challenged the annual right-of-
way fee assessed by Troy (the service provider's choice of five percent of gross revenue or a per
linear foot charge of$.40 for underground and $.25 for above-ground facilities), and certain other
provisions of the ordinance. Other issues included the FCC's authority to review or rule on the
scope of a city's right-of-way management authority, and the extent to which the FCC can
preempt the exercise of that authority. The FCC declined to rule on these specific issues
because, it believed, its other rulings resolved the dispute between TCI and the city.
The FCC's decision is a narrow one, based on the specific facts of the case. As a result, the
decision provides little guidance as to how the FCC intends to approach many of the specific
10
issues raised. The FCC did state, however, that if a party challenges a local ordinance or legal
requirement under federal law, that party has the burden of proving that the challenged ordinance
or requirement is a prohibition or effective prohibition on entry and that it is not within the
authority reserved to states and cities.
(-Idapted from an article published by the National League of Cities.)
Trading toward the Future
In August.Fort Worth assumed management of a new state-of-the-art public safety wireless
communications system in a trade which took the city from a bumpy,two-lane communication
road to a super-information-highway.The new system not only extends the range and capability
of the system,but also didn't cost the taxpayers a dime.
The new operation,which city officials say is 100 times more reliable than the old system.was
constructed free of charge by PSC PrimeCo as part of the wireless provider's purchase of four
frequencies that Fort Worth used for public safety radio and data transmissions.PrimeCo
acquired the rights to the channels at a 1995 Federal Communications Commission auction.
Under Federal Law,PrimeCo and the city had five years in which to negotiate how Fort Worth
would move to the other frequencies. Rather than dragging the negotiations out,the city decid-
ed it would be more beneficial to the taxpayers to move quickly.The outcome was a win-win
situation:the city obtained a state of the art system designed for future growth,and the telecom-
munications company was able to begin digital wireless communications service to new areas
sooner.
Fort Worth's new digital communications system includes eleven microwave transmission sites
around the city.extensively enhancing the coverage area for emergency broadcasts.For the
new system.PrimCo built two new 250-foot towers and retrofitted five older towers to city
specifications.The other four antenna sites are located atop office buildings downtown,reduc-
ing the clutter of transmission towers.These towers and microwaves connect the more than
5,300 two-way radios that the city uses to provide municipal service,including all police and
fire department radios. It also handles telephone communications for the Fort Worth police
headquarters. carious water facilities and other selected city buildings.Two-way radio coverage
now extends over more than 3.000 square miles,at an estimated value of S9 million for the
upgrade.The new system extends communications coverage for the city's emergency services
from Dallas to Weatherford and from Denton to Cleburne.This improved radio communication
loop means that any police officer,fire fighter or other city worker will have instant radio com-
munications.
Because of the advanced technology which created excess capacity,and because of an FCC pri-
ority call for public agencies to share the communication infrastructure when possible,Fort
Worth offered radio services to adjoining cities and governmental bodies.Currently, 14 public
agencies,seen news organizations and the local wrecker association are customers.Several
other cities are considering offers to join the system.The sale of radio services during the first
ten years of the system is expected to generate 53.3 million for Fort Worth.
For more information on this successful partnership with the private sector,contact Fort Worth
Information Systems and Services Director Michael DiPaolo at 817-871-8781 or Fort Worth
Public Information Officer Pat Svacina at 817-871-6415.
(Reprinted from the newsletter of the Texas City Management Association.)
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MONTHLY CAPITAL IMPROVEMENT PROJECTS UPDATE
November 1997
1996-98 Sewer and Water Infrastructure CIP Projects
SEWER INFRASTRUCTURE
Project Description: Dove Estates Lift Station & Sanitary Sewer Improvements
Discussion: Currently, the majority of the Dove Estates subdivision is served with sanitary
sewer. This sewer flows to a small treatment facility where it is treated and discharged into Lake
Grapevine. This treatment facility is a maintenance problem and requires daily upkeep. In order
to abandon the treatment facility, a lift station needs to be constructed so the sewer can be
pumped within a force main to the gravity sewer located in Lonesome Dove Estates. The design
of this project should be completed by the end of November 1997. This project was originally
proposed and funded for the FY1996-97, but because no improvements to this project can occur
until the lift station at N. Carroll Ave. and E. Dove St. is abandoned and improvements to the lift
station at Lonesome Dove Ave. and E. Dove St. occur, this project was delayed and placed in the
FY1997-98. The estimated design and construction cost is $170,000.
ID Task Name Duration
56 Dove Estates Sewer 293d
57 Design 45 2
58 Review Plans 21 0%
59 Obtain Right of Way 120 0%
.. _
60 Finalize Plans 10
61 Advertise __.. 21 0%
62 -- Council Bid Award __._ -_ 6118
63 Obtain Contract Documents 15 0%
64 Preconstruction Conference 1 7/10
65 Construction .__..._. 90 0%
Project Description: Crossroads Square Sanitary Sewer"
Discussion: A portion of this project was approved and funded for the FY1996-97. This
original funding was $125,000. The original alignment of the sewer was revised due to the
developer of the Shady Oaks Retail Center participating with the city. Under this new alignment,
75% of this line will be constructed with the participation of the developer of Shady Oaks Retail
Center. Construction has begun for this portion of the sewer line which extends from the Shady
Oaks Retail Center to the entrance to Bicentennial Park and then across F.M. 1709 and connects
to the existing sewer at Caddo Lake Drive in the Lakecrest Subdivision. The construction of this
section should be completed by mid-November. Due to the alignment change, an additional
$50,000 is required to design and construct the remaining 25% of this sewer line. The remainder
of this sewer line is from the entrance to Bicentennial Park to the lift station located at F.M. 1709
and N. White Chapel. With the completion of this section, the existing lift station will be
abandoned. The preliminary design for the remainder of this line has recently begun. The
anticipated completion date is the end of Nlay, 1998.
* Designates a new project
** Designates a revision to a previously proposed project
1
ID Task Name Duration
89 Crossroads Square Sewer 100d
90 Design
i
91 Review Plans 7d 0 0 °
92 Obtain Right of Way Od Q 1 /25
93 Finalize Plans 3d %
94 Advertise 28
t�
95 'Council Bid Award 1d 1l19
_...._ ....._. __....._..._ .... O
96 Obtain Contrail t7ocuments 15 0%'
97 Preconstruction Conference Id 2/10
.._........._
98 Construction 15 o I, 0%
Project Description: Sewer Line Extension North on White Chapel to Bob Jones Park*
Discussion: This sewer line is needed to provide sanitary sewer service to Bob Jones Park.
The estimated design and construction cost is $244,000. The city anticipates having this sewer
line engineered and designed in the FY1997-98 and constructed in the FY1998-99. Therefore,
$19,520 will have to be funded for the engineering costs for the FY1997-98. The design of this
project was scheduled to be completed by the end of November 1997. However, the design has
been delayed because the TRA lift station is not yet in service. The design will begin once the
TRA lift station is in service. The projected completion date for this lift station is February,
1998.
ID Task Name Duration
100 Bob Jones Park Sewer 188d
I
101 Design... .. _................................-.—_ .._..__._ 30
102 Review Plans u 15 0%
i
_.....__. ... i
103 Obtain Right of Way 30 0%
104 Finalize Plans 5 /o
105 Advertise _. 21_ 0%
106 Council Bid Award 1 5127
_--
107 Obtain ContracEDowments 15 j 0%
108 Preconstruction Conference 1 6/18
109 Construction 90 0%
Project Description: S-7 Sewer Line Extension*
Discussion: The S-7 sewer line serves the southeast portion of the city. With the construction
of this extension, the city can eliminate the wastewater treatment facility at Bank Place. This
sewer line will also serve the commercial and industrial sites located in this portion of the city.
The estimated design and construction cost for this project is $1,000,000. The city anticipates
that the design and a portion of the construction will be completed in the FY1997-98 and the
remainder of the construction to occur within the FY1998-99. Therefore, $500,000 is proposed
to be allocated for the FY1997-98, and the remaining $500,000 to be allocated for the FY1998-
99. The intended completion date for this project is December 1999.
' Designates a ne«project
'* Designates a revision to a previoush proposed project
97-
ID Task Name Duration
122 S-7 Sewer Extension 458d
123 Design 90
124 Review Plans 15
125 Obtain Right of Way 150- 0%
126 Finalize Plans fn24
........... ........_ °
127 Advertise 21 0/o
128 Council Bid Award 1 3/2
129 Obtain Contract Documents 15
0%d
130 Preconstruction Conference 1 3/24
131 Construction 180 0
Project Description: Diamond Circle Estates Sewer/Streets
Discussion: Construction has begun for this project. There has been a slight delay in the
progress of the sewer line due the contractor having to handle construction while dealing with
large amounts of subsurface groundwater. Construction is scheduled to last approximately 120
days.
ID Task Name 1 Duration
23 Diamond Sewer/Roads 379d
24 Design 75 100°k
25 - Review Plans 21 100%
26 Obtain Right of Way--- — -- 45Inn_.. °
27 Finalize Plans
28 Advertise 19 100°k
29 Council Bid Award —1d 0 lk
9/2,
30 Obtain Contract Documents 15 a 1
31 Preconstruction Conference id 1 9/ 6
32 Construction 120 10%
Project Description: Sutton Place Sewer (CDBG)
Description: Construction began for this project on October 27, 1997. At least 60 days will be
required to install the sewer main line. As you are aware, there is a second phase of construction
which involves connecting the residents from their existing septic systems to the main sewer line.
This portion has been approved by City Council and currently is being processed through Tarrant
County. The city hopes to begin construction of this second phase immediately after the
construction of the main line.
* Designates a new project
** Designates a revision to a previously proposed project
ID Task Name Duration
1 Sutton Place Sewer(CDBG) 260d
2 Design 60 100%
3 Review Plans 21 100%
4 Obtain Right of Way _.._. 60 100%
5 Finalize Plans 10 °
6 Advertise 28. 100%I,
7 Council Bid Award t 9/2
8 Obtain Contract Documents 15 1T%
9 Preconstruction Conference t Q 0/2
10 Construction 60 1%
Project Description: Sanitary Sewer/Water Line Improvements for the Miron Addition
Discussion: Construction is continuing for this project. A change order was recently approved
by City Council for an extension of a 12" water line from Oaktree Estates to the Miron tank site.
Therefore, the anticipated completion date has changed to the end of November.
Project Description: Dove St. Force Main (Lonesome Dove Ave. to Kirkwood)**
Discussion: The first phase of this project was originally approved and funded for the
FY1996-97. The first phase will be constructing a 14" force main along Dove. St. and modifying
the existing lift station located at Dove. St. and Lonesome Dove Ave. In the future, an additional
18" force main along Dove St. will be required in order to serve the subsequent development and
the existing homes connecting to sewer. Therefore, instead of constructing the 18" force main at
a later date and disturbing the area a second time, the city proposes constructing the 18" force
main at the same time as constructing the 14" force main. The additional cost is $361,000, of
which $300,000 will be allocated for the FY1997-98 and the remainder $61,000 being allotted
for the FY1998-99. The design of this project is around 65% complete. Approval was recently
received from TU Electric in order for the proposed force mains along Dove St. to be located
within the existing TU Electric easement along the north side of Dove St. Permission still must
be granted by the homeowners for which this existing TU Electric easement is located. If these
homeowners are not receptive to this proposed construction within this existing TU Electric
easement, another route for the force main may be evaluated. Due to the alignment issues for
this force main, the design of this project has been delayed. The expected completion date is
January, 1999.
i
ID Task Name Duration
45 Dove Road Sewer 538d
46 Design 250 7
_ -
47 Review Plans 21 O 0%
48 Obtain Right of Way 120 0 0%
49 Finalize Plans 10 n9A
5o Advertise 28 0 0%
51 Council Bid Award 1d 0 6126
52 Obtain Contract Documents 15 0 0%
53 Preconstruction Conference 1d 7/20
54 Construction 120 0%
i
* Designates a new project
** Designates a revision to a previously proposed project
4
Project Description: 18" Force Main from Raintree Vicinity to Lonesome Dove Ave. Lift
Station*
Discussion: This force main will convey the sewer from the Raintree/Shady Lane vicinity to
the proposed sanitary sewer line at the intersection of Dove St. and the future Kirkwood Blvd.
The cost of this project is estimated at $648,000, although only $432,000 will be appropriated for
the FY1997-98. The remaining $216,000 will be funded in the FY1998-99 budget. This project
is in its beginning design stage. The preliminary schedule for this project is as shown on the next
page.
ID Task Name Duration
78 Force Main from Raintree Vicinity 515d
79 Design 1W 0%
80 _ Review Plans 30 °
81 Obtain Right of Way 150 0°
82 Finalize Plans 20 0°/u
83 Advertise 28 0%
84 Council Bid Award 1 0%
85 Obtain Contract Oowments 15 0%
86 Preconstruction Conference -._..._----
t.._. %
87 ConsUuction 150. 0%
Project Description: Lift Station Located in the Raintree/Shady Lane Vicinity•*
Discussion: This lift station will pump sanitary sewer from the Raintree/Shady Ln. area to the
gravity sanitary sewer located at Dove St. and the future Kirkwood Blvd. The estimated cost of
this project is $425,000, of which $318,650 will be allotted for the FY1997-98. The remaining
$106,250 will be allocated for the FY1998-99. This project has recently begun and should be
designed ahead of schedule. The anticipated schedule is as follows:
ID Task Name Duration
89 Lift Station Raintree/Shady Ana 440d
90 Design 75 °
91 Review Plans 30
92 Obtain Right of Way 150 I °
93 Finalize Plans 20 0% t=
....................._... .: ..........
94 Advertise 28 0%,
95 ---Council Bid AwarC — �1
96 Obtain Contract Documents 15 0% t]
97 Preconstruction Conference 1 %
98 Construction 150
°
Project Description: 18" Gravity Sewer Line from 11esco Lift Station to Proposed
Raintree/Shady Ln. Lift Station*
Discussion: This sanitary sewer line will begin at the existing lift station located near the
Mesco property and extend along the Jones Branch creekway to the proposed lift station located
in the Raintree/Shady Ln. vicinity. With the construction of this line, the existing lift station at
Mesco will be eliminated. The estimated design and construction cost is $175,000, although
only $116,667 will be appropriated in the FY1997-98 CIP budget. The remaining $58,333 will
(aw, be funded in the FY1998-99 budget. Approval was recently granted by Council for professional
* Designates a new project
** Designates a revision to a previously proposed project
5
services for the design of this project. This project is in its beginning design stage. The
preliminary schedule is depicted on the next page.
i
ID Task Name Duration J IFIMIAIMI
100 18"S.S.Line from Mesco to Raintree 515d
101 Design 150 0%
102 Review Plaris 30 °
_.._. ... ........ ...-_
103 Obtain Right of Way 150 0°
__ _....
104 Finalize Plans 20 0%
_rt_
105 Advertise 28 0%
106 Council Bid Award 1 0%
107 Obtain Contract Documents 15 0%
-__. _...-. .. _.._ --_._._....._.._
108 PreconStruction Conference 1 %
109 Construction 150
WATER INFRASTRUCTURE
Project Description: 12" Water Line along Continental to Crooked Lane to S. Kimball to F.M
1709
Discussion: Currently, the existing 12" water line along F.M. 1709 is fed only from one
direction. With the construction of the above referenced water line, a loop with the existing 12"
water line along F.M. 1709 with the 12" water line along Continental will be created. The
alignment for this water line along Continental has been revised. The plans for this revised
alignment have been approved by the city and the final design should be completed by mid-
November. The city is in the process of obtaining the required easements for construction. The
easement acquisition should be complete by the end of December. Construction is anticipated to
take at least 180 days, which will place the completion date to the end of November, 1998.
ID Task Name Duration r J
67 Continental/Kimball Water 493.5d
68 Design 240 1 C 0%
69 Review Plans 21 I= 0%
70 Obtain Right of Way 30 5%
71 Finalize Plans 10 I
72 _. Advertise - ---28_ m
73 Council Bid Award 1 d 2/16
74 Obtain Contract Documents 15 i' C3 0%
_... __ _.__._.....................
75 Preconstruction Conference ld 13
3/10
76 Construction--- -� 180 °
� 0
r
Project Description: 12" Water Line - Dove St. to Kirkwood Blvd. **
Discussion: This project will provide water service to the IBN1 complex in Solana as well as
the future development along the future Kirkwood Blvd. This project was approved and funded
in the FY1996-97 CIP budget. During the design process, various topography and development
concerns led to revising the original alignment. The original estimate which was funded in the
FY1996-97 budget was $200,000. With the alignment change and the addition of certain valves
and fittings, the revised estimate is $326,000. This additional $126.000 will be funded in the
FY1997-98 CIP budget. A pre-construction conference was held on October 23, 1997 and
* Designates a new project
** Designates a revision to a previously proposed project
6
construction will be under way by the beginning of November. The completion date is expected
to be at the end of April, 1998. 1997 1998
ID Task Name Duration
56 Dove to Kirkwood Water 395d
57 Design 60 100°!o
58 Review Plans 21 1009%
_.Right
_.
59 Obtain Right of Way 160 t00°h
60 Finalize Plans 10
61 Advertise 28 0 1Q0%
62 Council d Bi Awa dr td 911I 25.
63 Obtain Contract Documents 19 0 100%
64 Preconstruction Conference 1d 10/2
13
65 _.. Construction............._.. - 120 0%
Project Description: 24" Transmission Water Line from Trophy Club to Ground Storage Tank
No. 2**
Discussion: This water line will provide a second main feed for the city from the City of Fort
Worth. This project was approved and funded for $1,300,000 in the FY1996-97 CIP budget.
This amount was estimated based on a proposed 20" water line. Based upon a water model study
by Freese & Nichols, it was determined that a 24" water line was required in lieu of the 20" line.
Therefore the project estimate increased by $211,000. For the FY1997-98 CIP budget, $105,500
will be allocated with the remaining $105,500 budgeted for the FY1998-99 CIP budget. The
design of this project is 90% complete. The city has begun obtaining the necessary easements
L 1997 1998 1999
for this project. The expected completion date is the beginning of April of 1999.
ID Task Name Duration
12 24"Transmission Water Line 546d
13 Design.. .. 180 TD
14 Review Plans 21
15 ObtainRight of Way 90 10%
16 Finalize Plans 10124-71
O
17 Advertise 28 Tom,
0%
i
18 Council Bid Award 1d 0 4/9
19 Obtain Contract Documents 15 0 0%
20 Preconstruction Conference td 0 5/1
21 Construction 240 0°/
Project Description: 24" Transmission Line from Ground Storage Tank No. 2 to Dove Elevated
Tank**
Discussion: The construction of this water line will provide a redundant source from the
proposed Ground Storage Tank No.2 to the Dove St. elevated water tower. This project was
originally estimated to cost $650,000 in the FY1997-98 CIP budget. The original alignment of
this water line was revised in order to bypass Corps of Engineers property. Furthermore, the size
of this water line was increased from 20" to 24" for hydraulic considerations. For these reasons,
as well as for the purchase of the required easements, the estimated cost increased by $200,000.
This amount will be financed through the FY1997-98 CIP budget. This project is currently being
advertised for bid. The expected completion date is the end of August, 1998.
* Designates a ne« project
** Designates a revision to a previously proposed project
_ 7
ID Task Name Duration
100 24"Ground Storage 2 to Dove 413d
101 Design -1207 °
I
102 Review Plans 30 °
103 Obtain Right of Way 30
104 Finalize Plans 6d 1QQ%
_.._
105 Advertise 18 1 F,3
106 Council Bid Awardi td 111
107 Obtain ConVact Documents 15
108 Preconstruction Conference td 1TP2/JJ
109 _ Construction _..._._.. ._._........._._._.----
_180 I °
Project Description: 20" Water Line from FM 1709/White Chapel to Woodland Heights**
Discussion: This water line will feed the proposed Miron elevated water tower. The capacity
to the east side of town will also be increase with the construction of this water line. The original
estimate for this project, which was appropriated for FY1996-97, was $541,000. Due to the
easement costs and a required change order, this project is now estimated to cost $100,000
beyond the original estimate. This amount will be allotted in the FY1997-98 CIP budget. A
change order to this contract was recently approved to extend the 20" water line from F.M. 1709
to the proposed Miron tank site in order to mitigate water pressure problems in Oaktree Estates.
Therefore, the completion date has been delayed. The anticipated completion date is the end of
November, 1997.
Project Description: 12" Water Line on Continental from Crooked Lane to Heritage Business
Park*
Discussion: This water line is crucial in providing fire flow for Heritage Business Park. This
water line will also provide a loop with the existing water lines from Commerce Business Park
and Heritage Business Park to the proposed 12" water line along Continental. The estimate for
this water line $162,000. The preliminary schedule is depicted below.
ID Task Name Duration
111 12"Line on Continental to Heritage 196d
112 Design 60 0%
113 Review Plans 21 0%
114 Obtain Right of Way -' ---' 0 0
Cf
115 Finalize Plans 10 0%
_
116 Adverb se 28 0%
117 Council Bid Award 1
118 Obtain Contract Documents 15 0%
119 Preconstruction Conference 1 �0%
_. _.__.._.._.. _ . —_
120 Cons4ruction 60 0%
Project Description: 12" Water Line on E. Dove St.from White Chapel to Carroll Ave.
Discussion: This water line will replace the existing 6" water line along E. Dove St. The
engineering will be funded in the FY1997-98 CIP budget. The estimated cost for the engineering
is $22,800. The funding for the construction of this line will be budgeted in the FY1998-99. The
(lliw
' Designates a new project
Designates a revision to a previously proposed project
8
estimated amount for the construction is $262,200, therefore the total amount for this project is
estimated to be $285,000.
ID Task Name Duration
122 12"on E.Dove from WC to Carroll 415d
123 Design _._120 0%
124 Review Plans 21
__.._..... ................... ........... _.........
125 Obtain Right of Way 150 0%
126 Finalize Plans 10 0°h
127 _.... Advertise 28 0%
128 Council Bid Award
129 Obtain Contract Documents 15 0%
130 Preconstrudion Conference __ ....1 I 0%
131 Construction ..__ .. .._.......... 90_ 0%
Project Description: 12" Water Line on N. White Chapel from W.Highland to FILL 1709*
Discussion: The current 12" water line along N. White Chapel is deteriorating and requires
replacing. The water line will be designed in the FY1997-98 and constructed during the
FY1998-99 and FY1999-00. The engineering costs are estimated to be $22,800 and will be
allocated in the FY1997-98. The remaining $262,000 will be funded as part of the FY1998-99
and FY1999-00 CIP budgets. The preliminary design and construction schedule is below.
ID Task Name Duration
133 12"on WC from Highland to FM1709 340d
134 Design -- 45 o%
135 ..... Review Plans . ... y .... 21
136 Obtain Rigof W ht a 150 0%
137 Finalize Plans 10 0%
138 Advertise 28 0%
139 Council Bid Award 1 %
140 Obtain Contract Docu 11 ments 15 0%
141 Preconstruction Conference 1 0%
142 Construction 90 0°/
Project Description: Miron Elevated Tank**
Discussion: This water tower will maintain adequate fire flow and water pressure to the east
side of the city's water system. The design of this project is complete and is being reviewed by
the city. The original estimated amount for this project has increased from $1,560,000 to
$1,710,000. This increase is attributed to required modifications to the elevated tanks at
Bicentennial Park and at E. Dove St. once the construction is complete to the Miron elevated
tank. These improvements total $90,000. Furthermore, a second floor in the tank shaft will also
be constructed as part of the Miron elevated tank. This improvement will cost $60,000. The
engineering and construction costs are divided equally between the FY1997-98 and FY1998-99,
which amount to $855,000 each.
* Designates a new project
** Designates a revision to a previously proposed project
9
10 Task Name Duration r
78 Miron Elevated Tank 566d
79 Design 200 0%
80 Review Plans 30
81 Obtain Right of Way Od X2J582 Finalize Plans 2183 Advertise 28 84 CouncilBid _Award 1d_ 3
85 Obtain Contrail Documents �� 1'5 �°(,
.__... . _.. .
86 Preconstruilion Con.ference e 1d l�
Project Description: 30"/36" Transmission Line from 1V. Pearson to SH 11 4*
Discussion: As part of the Northeast Tarrant County Regional Water Supply (NETCREWS),
the city has committed to constructing a 30" water line from Pumping Station No.1 along N.
Pearson to Florence, thence along Florence to Randol Mill. At this intersection, the water line
will increase in size to a 36" water line and will extend north along Randol Mill to the
intersection of the future Precinct Line Rd. and SH 114. With the construction of this water line
and the proposed 24" water line along S.H. 114, a redundant main feed will be accomplished
from the City of Fort Worth. This line is scheduled to be completed in the FY2000-01. In order
to accomplish this, the engineering must be scheduled for the FY1997-98. This amount is
estimated to be $298,861. The remaining estimated costs will be appropriated over the FY1998-
99, FY1999-00, and FY2000-01. The entire project cost is estimated to be $3,733,5 16.
ID Task Name Duration
144 30 W6 Transmission Line 820d
145 Design - ... ... 150 0°k'
146 _.Reeview Plans 30� °
147 Obtain Right of Way _ 360 0%
148 Finalize Plans 15 0%
149 Advertise 28 0%
150 Council Bid Award 1
_ ._
151 Obtain Contrail Documents 15 0%
152 Preconstruction Conference
163 _ Construction 250 O%
Project Description: Pump Station No. 2 at T.TV. King Rd.**
Discussion: This pump station will provide water storage and distribution to the northern part
of the city. The tank itself was approved and funded for the FY1996-97 for an estimated cost of
$600,000. Along with the ornamental facade, which was not estimated in the original cost of the
tank, and the increase in the bid of the tank from the estimate, there is a $400,000 increase to the
project. The design is complete for the tank itself. Construction on the tank has begun. The
design of the pump station for the water tank is still taking place. For the FY1997-98 CIP
budget, $2,110,000 will be appropriated and the remaining $400,000 will be funded in the
FY1998-99 for a total estimated cost of the project of$3,110.000.
* Designates a new project
** Designates a revision to a previously proposed project
10
ID Task Name Dun 520
111 Ground Storage 2 520d
112 Design --- 215 80°
113 Review Plans 30' 0°h
114 Obtain Right of Way Od O 14
-91
_. _.
1.
115 Finalize Plans 20 0%
116 Advertise _._. _... 28 0%
117 Council Bid Award Id po/,
118 Obtain Contract Documents 15 o poi
119 Preconstruction Conference Id %
_...._
120 Construction___...--- -210 0% I
Project Description: Oversiaing of 20" Water Line Through Town Center*
Discussion: The current Master Water Concept Plan requires a 20" water line to loop with the
existing 20" transmission line along N. White Chapel and the proposed 20" transmission line
along F.M. 1709. The proposed route for this water line is along N. Carroll from F.M. 1709 to
S.H. 114 thence along S.H. 114 to N. White Chapel. Due to the future vertical alignment of the
proposed N. Carroll/S.H. 114 intersection, the city proposes to locate the section of this 20"
water line from F.M. 1709 to S.H. 114 through the Town Center Development. Consequently,
the oversizing cost of this water line will be refunded to the developer if this occurs. The
proposed cost to be funded through the FY1997-98 CIP budget is $20,000, with the remaining
$230,000 to be funded in the FY1998-99 budget. The construction plans are currently being
reviewed by the city to determine the feasibility of placing the proposed 20" through this
development.
Project Description: Painting Florence Water Tower*
Discussion: The Florence Rd. water tower is scheduled to be painted during the FY1997-98.
The estimated cost is $73,500.
Designates a new project
" Designates a revision to a previously proposed project
11
MONTHLY CAPITAL IMPROVEMENT PROJECTS UPDATE
November 1997
1996-98 Neighborhood Sewer/Street CIP Projects
NEIGHBORHOOD SEWER/STREET PROJECTS
Project Description: Shady Lane Area (Sewer, Water and Road Improvements)**
Discussion: Originally, $1,467,445 was approved and appropriated for the FY 1997-98 CIP
budget. Due to expanding the original concept of this project, there is an increase of$458,550.
This is attributed to providing sanitary sewer service for the residents north of the Jones Branch
creek as well as building the ultimate culvert under Shady Ln. across the Jones Branch. The
construction of the water lines will replace the existing undersized water lines. The design is
complete for this project. The city is currently in the process of obtaining the necessary
easements for the construction of the sewer. The bids for the sewer and water portion of this
project are scheduled to be opened on December 3, 1997. The street portion along with the
construction of the culvert under Shady Lane will be bid separately from the water and sewer.
ID Task Name Duration
1 Shady Lane Water/Sewer/Roads 537d
r
2 Design 75 100%.
3 ^Reev✓Plans_..._. 21 w 100%
4 Obtain Right of Way 210 750
5 Finalize Plans 10
6 Advertise 25 !1","
7 Council Bid Award id V12118 Obtain Contrail Documents 15 9 Preconstruction Conference 1d
___.. ....10 construction 210 1 0%
Project Description: W. Dove Reconstruction from S.H. 114 to X White Chapel
Discussion: Construction of this project involves reconstructing the existing roadway. The
widening of the existing cross-section of this road will be limited to 1 to 2 feet. Minor drainage
improvements will also be constructed for this project. This project was originally approved to
be budgeted for the FY1997-98 for an estimated cost of$150,000. Originally, this project was
delayed in order to not risk damaging the reconstructed road during the proposed development
along Dove. However, under the recently approved developer's agreement with Maguire
Thomas, this project has been moved up to be constructed entirely within the FY1997-98.
Therefore, the cost for constructing this project will be allocated within the FY1997-98 CIP
budget. The following schedule has been revised to reflect these changes.
* Designates a new project
** Designates a revision to a previously proposed project
12
1998 1999
ID Task Name Duration ov ec JanIFebI MarlAprIMaylJun I jul IAugISepIct ov ec JanIFebI MarIApr IMal Jun I Julug
89 W.Dove 114 to White Chapel 286d In
90 -- -Design 90d 0% 0
91 Review Plans 21d 0°/a
92 Obtain Right of Way 0d
93 Finalize Plans tOd 0% O
94 Advertise 28d 0% o
95 Council Bid Award 1d 6/26
.
96 ObtainContr............
ct Documents 15d 0% o
_._.
97 Preconstruction Conference ' td 7/20 13
98 Construction _._..._. ......_....._... 126 0%
Project Description: Huntwick Sanitary Sewer/Abandonment of Lift Station at Carroll and
Dove**
Discussion: This project has existing funds allotted. Due to a revision in the project, the
project will cost an additional estimate of $92,000. This additional cost will be funded in the
FY1997-98 CIP budget. The revision includes abandoning the existing lift station at E. Dove
and N. Carroll and constructing a new lift station near Quail Creek Estates. Construction of these
improvements will provide sanitary sewer service to Huntwick Estates. All easements have been
acquired and the project is being advertised for bids. The anticipated construction date is the end
of April, 1998.
1997 1998
ID Task Name Duration
12 Huntwick Sewer 322d
rr
13 Design 60 100%
14 Review Plans 15 O 100%
15 Obtain Right of Way -200 100
16 Finalize Plans 10 0 1 nn%
17 Advertise 15 t� 25
18 Council Bid Award Id 0 11 18
19 Obtain Contract Documents 15 01/6
20 Preconstruction Conference td � 2/10
21 Construction 90 0 0%
Project Description: Mission Hills Sanitary Sewer**
Discussion: This project was approved and funded for the FY1996-97 in the amount of
$368,000. The cost for this project has increased due to efforts to save existing trees and replace
existing landscaping within the R.O.W. This increase totals $62,000 and will be funded through
the FY1997-98 CIP budget. One easement is yet to be obtained before the project is bid. The
preliminary schedule reflects an anticipated completion date by the end of June, 1998.
* Designates a new project
** Designates a revision to a previously proposed project
13
ID Task Name Duration J
34 Mission Hills Sewer 451d
35 Design 75 °
36 Review Plans 21 100%
g y _
37 Obtain Right of Way 130 951
38 Finalize Plans 10
39 Advertise 28
O!
40 Council Bid Award td 12/22 !
___ ._....... . .. ........ .. .......... ....
O %: _
41 Obtain Contract Documents 15 0
42 Preconstruction Conference 1d Qi 1/13
43 Construction_.......__. ___....__..._.120 0%
Project Description: Burney Ln. Reconstruction from N. Carroll to Lonesome Dove Ave.**
Discussion: Construction of this project involves reconstructing the existing roadway. If
needed, the widening of the existing cross-section of this road will be limited to 1 to 2 feet.
Minor drainage improvements will also be constructed for this project. This project was
approved to be funded for the FY1997-98 for an estimate of$129,400. Recently, we received an
updated estimate reflecting the current construction prices and the estimate was $17,600 higher
for a total of$147,000. This increase will be funded through the FY1998-99 CIP budget. The
preliminary schedule for this project is depicted below.
ID Task Name Duration un u ug ep ct I Nov1ec an e a pr IMayl Jun I Julug ep d ov ec an a ar
1 Burney(Carroll to Lonesome D 226d
i
2 Design 60d 0%
3 Review Plans 21d 0°h
4 Obtain Right of Way Od s
_.._....... ........_. ..... _....
5 Finalize Plans 10d 0%
6 Advertise — — �- 28d 0%
7 Council Bid Award 1d lk 5/15'
... .._.............
8 Obtain Contract Documents 15d 0°b
9 Preconstruction Conference 1d 6l8
10 Construction 90d 0%
Project Description: Love Henry Court Reconstruction**
Discussion: This project was approved to be funded for the FY1997-98 for an estimate of
$66,800. This estimate reflected replacing the existing asphalt roadway while keeping the
existing concrete curb. Recently, we received an updated estimate reflecting the current
construction prices along with additional proposed improvements and the estimate was $42.200
higher for a total of $109,000. These proposed improvements include replacing the existing
concrete curb and existing asphalt roadway and constructing minor drainage improvements. This
increase will be funded through the FY 1998-99 CIP budget. The preliminary schedule for this
project is depicted on the following page.
' Designates a new project
" Designates a revision to a previously proposed project
14
ID Task Name Duration un u ug ep ct ov ec Jan JFebJ MarJAprJMayJun u ug ep ct ov ec an a ar
11
12 Love Henry Court 181d
13 Design 45d 0%
14 Review Plans 21d 0%
15 Obtain Right of Way od
16 Finalize Plans 10d 0%
17 Advertise 28d 0%
18 Council Bid Award 1d 6126
19 —� Obtain Contract Documents-� 15d 0%
20 Precanstruction Conference td 7/20I
21 Construction.-----
....__.._W 60d 0%
Project Description: Lake Dr. Street Reconstruction along w/ Water & Sewer Improvements**
Discussion: This project was approved to be funded for the FY1997-98 for an estimate of
$93,000. Recently, we received an updated estimate reflecting the current construction prices
along with the addition of constructing a water line and sewer line along Lake Dr. The proposed
water line will replace the existing undersized water line along Lake Drive. The proposed sewer
line will serve the residents along the east side of Lake Dr. The reconstructing of the road will
include widening the existing pavement 4'-6' in order to obtain a continuous 22' wide cross
section. The estimate was $76,000 higher for a total of$169,000. This increase will be funded
through the FY1998-99 CIP budget. The preliminary schedule for this project is depicted below.
23 Lake Drive - 256d p y 9 p e MarlApr a Jun u ug
24 Desi n 60d 0%
ID ask Name Duration ov ec an a ar r a unJulu e ov ec an
g
25 Review Plans 21d 0%
26 Obtain Right of Way Od
27 Finalize Plans 10d 0%
28 Advertise---—— -- 28d 0%
29 Council Bid Award 1 d 7/1
. .
30 Obtain Contract Docume 1.nts.i ......1.5d 0°h
31 Preconstruction Conference td 7/23
32 Construction 120 0%
Project Description: Pine Dr. and Lilac Ln. Reconstruction**
Discussion: This project was approved to be funded for the FY1997-98 for an estimate of
$234,600. The construction for this project will be removed from the FY1997-98 to the FY1998-
99 CIP budget. The engineering will be funded for the FY 1997-98 for the amount of$18,768.
The remaining $215,832 will be funded during the FY1998-99. The preliminary schedule for
this project is depicted below. The construction of this project will include reconstructing the
existing roadway. The estimate reflects widening the proposed roadway by 1 to 2 feet.
' Designates a new project
** Designates a revision to a previously proposed project
15
1998
ID Task Name Duration Mal Jun I Julug ISep ov ecJanJFeJMarJAprJMayJJunJ Julug ep il ov ec_NKJFe7
33
34 Lilac/Pine �30d
35 Design 75 0%
36 Review Plans 21
37 Obtain Right of Way 90 0%
38 iFinalize Plans 10 °
39 Advertise -28- 0%
40 Council Bid Award 1 4/29
41 Obtain Contract Documents 15 0°h
42 Preconstruction Conference 1 5/21
43 Construction ._........_ 1.20_. 0%
Project Description: Harrell Drive Reconstruction*
Discussion: Construction of this project involves reconstructing the existing roadway without
widening the existing roadway. The existing drainage problems will be addressed in the design
of this project. This project is estimated to cost $140,000. For the FY1997-98, $11,200 will be
appropriated for the engineering. For the FY1998-99, the remaining $128,800 will be funded for
the construction. The preliminary schedule is reflected below.
ID Task Name Duration MaIniii J-.1ug ep ct JanJFeJ MarJAprJMayJun u ug JSepJ OctJNovJec an e
99
too Harrell Dr.Reconstruction 271d
101 Design. 75 %
102 Review Plans 21 0%
103 Obtain Right of Way 0
sT
104 Finafize Plans 10 0%
105 Advertise _.._... 28 0%
106 Council Bid Award 1 3110 I
167 Obtain Contrail Documents 15 0%�
108 Preconstruction Conference 1 4/1
109 Construction 120 0%
Project Description: Union Church and S. Pearson Reconstruction*
Discussion: This project is estimated to cost $534,310. For the FY1997-98, $42,745 will be
appropriated for the engineering. For the FY1998-99, the remaining $491,565 will be funded for
the construction. If needed, the widening of the existing cross-section of this road will be limited
to 1 to 2 feet. The preliminary schedule is reflected on the following page.
Designates a new project
*' Desi=nates a revision to a previously proposed project
16
ID Task Name Duration MTYfTu—nJ-Ju-1-JT6gJSeFFct ov ec JanJFeJMar pr ayJJunJ JulAug I SeFF-7-ct ov ec an e
110
111 Union Church 3 S.Pearson � _ 316d
__.
112 Design 90 O°
113 Review Plans 21 p%
114 Obtain Right of Way 0
115 Finalize Plans- 10 0%
-. .....__...._.............. ..................... ............._ .._......__._.--
116 Advertise 28 0%
117 Council Bid Award '' 1. 2126
..... .
118 Obtain Dococ uments 15 0%
R120
Preconstruction Conference 1 41 3/22
1500%
Project Description: N. White Chapel from S.H. 114 to County Line*
Discussion: This project will be constructed as a cooperative project with Tarrant County.
The city will pay the engineering and material cost and Tarrant County will provide the labor.
The estimated material cost is $181,850. The existing cross section of the roadway will remain
the same. This project is currently being designed.
ID Task Name Duration un u ug ep d ov ec Jan1FebJMaJAprJMayJJunJ JulJAugJSep ct ov ec an e ar
122 N.White Chapel 225d
123 Design 45d 0°/
124 Review Plans 10d °/,
125 -' Obtain Right of Way �-- Od 2
- -
126 Finalize Plans 3d 0°/,
127 Advertise 281d 0%
128 Council Bid Award 1 d 2/2
129 Obtain Contract Documents 15d 0%
130 Preconstruction Conferen 11 ce 1d
2/24
131 Construction 120 0%
Project Description: S. Kimball Extension from Crooked Ln. to Heritage Business Park*
Discussion: The projected cost for this project $1,750,000. This project will be designed and
engineered during the FY1997-98 CIP budget for $80,000. It will be constructed within the
FY1998-99 and FY1999-00. These improvements include constructing a divided four lane
portland concrete roadway. The preliminary schedule is shown below.
ID Task Name Duration AprlMa uniJulug epOct INovl Dec JaniFel MarJAprJMayJun ul JAugJSep ct ov ec an
132
133 S.Kimball Extension 316d
134 Design 90 0%
135 Review Plans "- 21 0%
136 Obtain Right of Way Od
137 Finalize Plans 10 0%
_138 Advertise 11
28 0
139 Council Bid Award 1d 3/31
140 Obtain Contract Documents 15 0%
141 Preconstruction Conference 1d 4/22
142 Construction 150 0%
" Designates a new project
Designates a revision to a previously proposed project
17
Project Description: Brumlow Reconstruction*
Discussion: This project will be constructed as a cooperative project with Tarrant County.
The city will pay the engineering and material cost and Tarrant County will provide the labor.
The estimated material cost is $112,700. The existing cross section of the roadway will remain
the same.
ID Task Name Duration un uIIJAug ep d ov ec Jan JFebJ Marlpr ay un I Julug I Sep-FOF[lTo-y-rfTe-c an a ar
144 Brumlow Reconstruction 225d
145 Design 45d 0°/
146 Review Plans .._...... 10d
147 Obtain Right of Way Od 2
148 Fze Plans 5d 0%
inali
149 Advertise 28d 0%.
_ ..........
150 Council Bid Award ...... 1 d 2/2
_. .. _.
151 Obtain Contract Documents 15d 0%
152 PreconstructionConference 1tl 2/24
153 Construction 120 0%
Project Description: Year 3 Neighborhood Sewer (Jellico, Cross Timbers, Dove Acres,
Hillwood Acres)
Discussion: As part of the Neighborhood Sewer Program, sanitary sewer service will be
provided for residents in Jellico Estates, Cross Timber Hills, Dove Acres, and Hillwood Estates.
The estimated engineering and construction cost is $2,000,000. Due to the extent of these
projects, $1,000,000 will be budgeted for both the FY1997-98 and FY1998-99 CIP budgets. The
preliminary design has already begun.
ID Task Name Duration
34 Hillwood,Dove Acres,Jellico 375d
........
35 Design 30 601
36 Review Plans ..... 21 %
37 Obtain Right of Way 90 0%
38 Finalize Plans 10 °
—�
39 Advertise 28 0%
40 Council Bid Award 1 ik 4127
41 Obtain Contract Documents 15 0%
42 Preconstruction Conference 1 5/19
43 Construction 210 0%
ID Task Name Duration J
45 Cross Timbers Sewer 480d MMMENNOMMMO
46 Design 120 25%
47 Review Plans 30 0%
48 Obtain Right of Way 150 0%
49 Finalize Plans 45 0%
50 Advertise 28 0%
51 Council Bid Award ITh
8110
52 Obtain Contract Documents 15 0%
53 PreconstructionConference 1 9/1
54 Construction 240 0%
* Designates a new project
" Designates a revision to a previously proposed project
is
Project Description: Intersection at Peytonville Ave. and FM 1709*
Discussion: The increased traffic congestion has warranted several changes along F.M. 1709
at various intersections. At the Peytonville/F.M. 1709 intersection, lane improvements are
needed in order to accommodate the traffic generated by the high school. The city has recently
received an estimated cost for these provisions, which amount a total of $570,258. The
engineering will be budgeted for the FY1997-98 for the amount of $70,000. The remaining
$500,278 will be budgeted for the FY1998-99 when construction commences. The preliminary
schedule is shown below.
ID Task Name Duration JanJFebJMarJAprJMayJJunJ JuiJAugJSep ct ov ecJanJFebJMarJAprJMay1Jun1 Julug ep
154
155 Peytonville Intersection 226d
156 Design _60d poi
157 Review Plans _....._. 21d 0%
158 Obtain Right of Way dd
159 Finalize Plans ..__._... 10d 0°h
160 ......... Advertise 28d 0%
161 Council Bid Award _.._ 1d 8/14
162 Obtain Contract Documents h -15d 0%
163 Preconstruction Conference 1d 9/7
164 _...__ Construction -90d 0%
Project Description: Intersection at S. White Chapel and F.M. 1709*
Discussion: The increased traffic congestion has warranted several changes along F.M. 1709
at various intersections. At the intersection of S. White Chapel and F.M. 1709, a third lane is
needed on S. White Chapel for a left turn only lane. The estimated cost for this project is
$225,000. During the FY1997-98, the project will be engineered and partially constructed. The
project will be complete in the FY1998-99. Therefore, $118,000 will be allocated for FY1997-
98 and $107,000 will be allotted for FY1998-99.
ID Task Name Duration Apr I MalJun I Julug ep ct ov ecJanJFeJMarJAprJMayJJunJ JulJAugJSFpT0-ct-[9o-y-r0—ec an
165
166 S.White Chapel Intersection 166d
167 _... Design.._. _ 30 p%
168 '-""'-Review Plans--- _ __ _._.. -21 0%
169 Obtain Right of Way Od
170 Finalize Plans 10 0%
171 Advertise 28 0%
172 Council Bid Award � -'id 10/13
173 Obtain Contract Documents 15 IF11
0%
174 Preconstruction Conference 1d 11/4
175 Construction 60 0%-6� J
Project Description: School Road from Shady Oaks to X White Chapel**
Discussion: This project was originally funded for $90,000 for the FY1996-97 and $860,000
for the FY1997-98. Due to the priority of this project, only funding for engineering for the
FY1997-98 will be appropriated and the existing $90,000 will not be used for this project. The
* Designates a new project
*' Desi_nates a revision to a previously proposed project
19
engineering costs are estimated to be $68,800. The remaining $881,200 will be funded in the
FY1998-99 CIP budget. The estimate reflects an undivided two-lane asphaltic concrete roadway.
ID Task Name Duration AprtlVla unlu ug ep ct ov ec Jan1Fel1MarJAprJMayJJunJ JullAuglSi5FO-Ei ov ec an
176
_ ._-
177 School Rd.from Shady Oaks to WC 221d
176 Design " 45 0%
179 RevlewPlans__._..... 21
o%
18o Obtain Right of Way Oct
_.._18 ........ %
1 Finalize Plans_ 00 10
182 Advertise 28 0%
183 Council Bid Award -.. 1d 12/25
184 ObtainContract0ocuments 15 0%
185 PreconstruCion Conference 1d 91
1/18
186 Construction ._....... -100 0%
Project Description: Seal Coat- Woodland Heights and 8" Water Line Construction
Discussion: This project was originally funded for completing the seal coat in the FY1996-97
for an estimated $17,500. The seal coat has been completed. The 8" water line was approved to
be funded for the FY1997-98 at an estimated cost of$30,000. This water line will loop the water
line within the Woodland Heights Subdivision and Oak Hill Estates Subdivision.
Project Description: W. Dove St.from Shady Oaks to Kirkwood Branch Creek
Discussion: This project involves reconstructing the existing roadway. As part of this project,
there will be no widening of the existing roadway. The culvert under the road located just west
of Shady Oaks will be replaced as part of this project. This project has been awarded and the
contracts are currently being executed. Construction is anticipated to begin by the end of
October. The construction should take up to four months.
ID Task Name Duration
1 Dove(Shady to Creek) 373d
2 Design 65
i
3 Review Plans 21 i 100%
..........
4 Obtain Right of Way 0
5 Finalize Plans 6 °
6 Advertise 13 0 100°fF
7 Council Bid Award9/16
8 Obtain Contract Documents 36 25%
109 Preconstruction Conference 1_. 11H /6
Construction - 90 0%
O
Project Description: Highland Road from Shady Oaks to White Chapel
Discussion: This project involves reconstructing the existing roadway. Although there will be
no widening of the roadway, the alignment of W. Highland will be realigned with E. Highland.
The city is currently negotiating with two homeowners to acquire the required right-of-way. The
city hopes to have this right-of-way by the end of October. Construction is anticipated to last for
180 days.
' Designates a neu project
" Designates a revision to a previously proposed project
20
ID Task Name Duration
12 Highland(Shady•WC) 503d
(awe - I . I .- i
13 Design _ 65 o
14 Review Plans 21 00%
15 Obtain Right of Way 170 50%
i
16 Finalize Plans 6 po
17 Advertise 26 t�
18 Council Bid Award 1 I O '' 2/10
.. .__ .... ......._....__._ .
19 Obtain Contract Documents 15 I, 0%
0
20 Preconstruction Conference 1..... 1/1
21 Construction ..._. . 180 0%
Project Description: Timarron Street Rehab
Discussion: The scope of this project has changed from the original. Originally, the distressed
streets were to be repaired as one project. Under a City Council recommendation, the project
was to be phased into three separate projects. Each phase would repair the distressed pavement
within the phase boundary. These phases would have been completed over a 2 to 3 year period.
The first phase was bid on recently. The bid prices were higher than expected and City Council
directed staff to request bids on just the grouting portion of the project for the entire subdivision.
The paving replacement and rehabilitation will take place separately in the coming years. The
project is currently being advertised and the bids will be opened on November 5, 1997. With
these revisions, the construction start date for the grouting portion will be around mid-December.
ID Task Name Duration
23 Street Rehab Timarron etal 370d
24 Design... _.._.... ... .........._93 100°h
25 Review Plans ._.....__............ i. 10
26 Obtain-'Right Right of Way _.. __O...
27 Finalize Plans 45 0
28 Advertise 24
i 10
t�
29 Council Bid Award 1 I 0 11 18
30 Obtain Contract Documents 15 /o
31 Preconstruction Conference 1 0 6 2/10
i
32 Construction _ __._....__45 ! 0%
Project Description: Ridgecrest Road
Discussion: This project involves reconstructing the existing roadway and constructing
various drainage improvements. If needed, the widening of the existing cross-section of this road
will be limited to 1 to 2 feet. The design of this project is completed. The offsite easements for
drainage have been successfully negotiated and are currently being obtained from the
downstream property owner. Construction is anticipated to take at least 90 days, which will
place the completion date at the end of May, 1998.
' Designates a new project
" Designates a revision to a previously proposed project
21
ID Task Name Duration
34 RidgeerestRoad 298d
i
35 Design 140 100% i
36 Review Plans 5 100%i
37 Obtain Right of Way 30 50%
38 Finalize Plans 10 °
39 Advertise 21 0%
40 Council Bid Award 1 12I26
0
41 Obtain Contract Documents 15 0%
0
42 Preconstruction Conference 1 1119
43 Construction 90 0%
Project Description: Continental Blvd.from Davis to White Chapel
Discussion: This scope of this project involves reconstructing the roadway and improving the
drainage along Continental. The roadway width will be increased in areas as needed at various
intersections with side streets to subdivisions and in front of Carroll Elementary. At these
locations, the roadway will be widened to three lanes. The design is in its beginning stages and
should be complete by the end of October. The city will need 30 days to review and approve
these construction plans. Obtaining the required easements and right-of-way may take longer
than originally anticipated. This delay will probably occur in part because of a possible
condemnation of the property located northeast of the intersection of Peytonville and
Continental. At this location, the city has recommended that the current alignment of the road be
changed. This change will result in the taking of property for the ROW at the aforementioned
intersection. The advertising, bidding, and award of contract will take up to 45 days.
Construction is anticipated to take at least 180 days. This project should be completed by the
beginning of April, 1999.
ID Task Name Duration
45 Continental Blvd 477d
_....__ -
.1..1...._1 . _.__ ...__...._. 1
46 Design 109 50%
47 Review Plans _..._...... 21_... 0 °
48 Obtain Right of Way 150 0%
O
49 Finalize Plans 10 °
50 _ Advertise 2116i_ 0%
51 Council Bid Award-- 1 O 6130
52 —"-Obteiri Contract Documents 15 0%
0
53 Preconstruction Conference 1. O 7/22
54 Construction 160 0%
Project Description: Burney to Cul-de-sac
Discussion: The design of this project is ongoing. This project involves reconstructing the
pavement from the cul-de-sac to approximately 1000' west along Burney. This project should be
designed by the end of November. The city will require 20 days to review and approve the plans.
The advertising, bidding, and award of contract will take up to 45 days. Construction is
anticipated to take at least 90 days. The anticipated completion date is the end of May, 1998.
Designates a new project
** Designates a revision to a previously proposed project
77
ID Task Name Duration
56 Burney to Cul-de-sac 243d
57 Design 95 21"fin
0
58 Review Plans 15 0%
O i
59 Obtain Right of Way 0 1128
i
60 Finalize Plans 5.. pap
61 Advertise 21 0
62 Council Bid Award 1 1127
63 Obtiin'Contract Documents 15 p'/a
011
64 TPeconitruction Conference 1 2/18
65 Construction 90 :pad
S.H. 114 RECONSTRUCTION PROJECTS
The State of Texas has recently committed to appropriating money over the next several years for
the reconstruction of S.H. 114. Consequently, the City of Southlake must satisfy several agendas
before the start of construction. The next few projects listed need to be funded for the FY1997-
98 CIP budget in order to carry out these agendas.
Project Description: Channel Improvements along the Jones Branch*
Discussion: Currently, Wal-Mart and the Village Center Development are detaining the runoff
from their sites. The proposed R.O.W. for S.H. 114 along these developments is the land area
which these detention ponds presently occupy. These detention ponds will be eliminated for the
reconstruction of S.H. 114. Before these detention ponds are eliminated, provisions must be
made to the downstream properties in order to increase the capacity of the current Jones Branch.
The city will appropriate $250,000 for each of the FY1997-98 and FY1998-99 for the easement
acquisition and construction of drainage improvements along the Jones Branch. These
improvements must be accomplished before construction of S.H. 114 begins.
Project Description: R.O.W. Acquisition at S.H. 114 and Dove St.*
Discussion: The city has committed to obtaining the additional R.O.W. required to build the
future intersection of Dove St. and S.H. 114. The estimated cost for the appraisals, property, etc.
is $1,500,000, which will be funded for the FY1997-98.
Project Description: Utility Relocation along S.H. 114*
Discussion: The city must relocate the existing utilities which are located in the S.H. 114
R.O.W. These utilities must be relocated prior to construction of S.H. 114. For the FY1997-98,
an estimated $269,600 will be required to relocate utilities before the first phase of construction
begins (Dove/S.H. 114 intersection).
MISCELLANEOUS PROJECTS
Project Description: Traffic Signal Lights on E.1f. 1709*
* Designates a new project
*' Designates a revision to a previously proposed project
23
Discussion: Recently, the city conducted a traffic signal warrant analysis along F.M. 1709.
The results warranted traffic signal lights at the intersections of Shady Oaks and F.M. 1709 and
Commerce and F.M. 1709. For the FY1997-98 CIP budget, $100,000 will be appropriated for
the signal lights at each of these intersections.
Project Description: Heritage Business Park Infrastructure Improvements*
Discussion: The city is committed, through the Developer's Agreement, to reimbursing the
developer for the oversizing of the water line along Kimball and the street improvements
constructed in the Heritage Business Park. These reimbursements are estimated to cost $85,000
and will be funded in the FY1997-98 CIP budget.
Project Description: Keller Water Meter Purchases for Southlake Residents on Keller Water*
Discussion: The City of Keller currently provides water service for approximately 250
residents of the City of Southlake. In order to transfer these customers to Southlake water, the
city must purchase these water meters, water lines, etc. Therefore, the city proposes to transfer
residents in the coming fiscal years in phases. For the FY1997-98, the city is allotting $250,000
for the purchase of a number of meters. In the subsequent years, all residents of the City of
Southlake will be transferred to Southlake water.
* Designates a ne%v project
** Designates a revision to a previously proposed project
24
TARRANT APPRAISAL DISTRICT
2315 Gravel Road Fort Worth, Texas 76118-6982 • (817) 284-0024 John R. Marshall
Lei praIr Q r f r,
U r �5
2
October 20, 1997 OFFICE o>:CITY
SECRETARY
Mr. Rick Stacy
Mayor
Citv of Southlake
667 N. Carroll Ave.
Southlake, Texas 76092
Dear Mr. Stacy:
The terms of service for the (5) five Directors of the Tarrant Appraisal District will expire
December 31, 1997. Nominations have been received from the voting tax entities for candidates
to fill these positions for a two (2) year term beginning January 1, 1998. Enclosed is an official
ballot listing the nominees.
,. According to the State Property Tax Code, each voting unit must vote in open meeting
and votes may all be cast for one candidate or they may be distributed among any number of
candidates listed on the official ballot. The results of your vote should be submitted by
November 15 to the Chief Appraiser on the enclosed ballot and by written resolution.
There is NO provision for write-in candidates. The Chief Appraiser may not count votes
cast for someone not listed on the official ballot.
When the ballots have been received and counted we will advise you of the results.
Sincerely,
John R. Marshall
Executive Director
Chief Appraiser
JRv1:mm
Encl.
5A - �
OFFICIAL BALLOT
ELECTION OF MEMBERS OF THE BOARD OF THE TARRANT APPRAISAL DISTRICT
We, the governing body of City of Southlake, having been advised by the Chief Appraiser of Tarrant
Appraisal District that we are entitled to cast 25 votes collectively or separately for the following nominees
for the Board of Tarrant Appraisal District:
Mike Davis
Gene Miers
Joe Potthoff
Charles Rogers
Melvin Shuler, Jr.
Jeff Stricklin
Tommy Vaughn
do hereby resolve and order that City of Southlake cast and does hereby cast it's votes as follows:
votes for
votes for
votes for
votes for
votes for
Passed this day of , 1997
Presiding Officer
ATTEST
Secretary or Clerk, City of Southlake
IMPORTANT: This ballot must be returned by November 15, 1997 to John R. Marshall,
Chief Appraiser, Tarrant Appraisal District, 2315 Gravel Road, Fort
Worth, Texas, 76118
City of Southlake, Texas
RESOLUTION NO. 97 - 68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, CASTING ITS VOTES TO THE TARRA.NT APPRAISAL DISTRICT
BOARD OF DIRECTORS; PROVIDING AN EFFECTIvE DATE.
WHEREAS, the terms of service for the five members of the Tarrant Appraisal District Board
of Directors will expire on December 31, 1997; and
WHEREAS, the Tarrant Appraisal District has calculated the number of votes for the City of
Southlake based on the amount of the 1996 adjusted tax levy imposed by the City of Southlake to be
twenty-five (25) votes; and
WHEREAS, in order to be eligible to serve as directors. the candidates must meet the
guidelines set out by the Tarrant Appraisal District;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, THAT:
Section 1. All of the above premises are true and correct and are hereby incorporated into
the body of this resolution as if copied in its entirety.
Section 2. The Citv Council cast all twenty-five (25) of its votes to the Tarrant Appraisal
District Board of Directors to:
Mike Davis
Section 3. This resolution shall become effective from and after the date of its passage.
i
PASSED AND APPROVED THIS THE DAY OF , 1997.
I
ATTEST:
Rick Stacy, Mayor
i
I
Sandra L. LeGrand, City Secretary
D:AwD-FILES\RESOLCT1\97-68.DOC kb
j
City of Southlake,Texas
MEMORANDUM
October 29, 1997
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: Resolution No. 97-69, Moratorium on Sexually Oriented Businesses
Attached please find the above-referenced resolution which establishes a 180-day moratorium on
the issuance of licenses for the operation of sexually oriented businesses within the City. This time
period should give the City Council sufficient time to review the existing ordinance (No. 399)and
to determine if revisions are necessary to this ordinance and Ordinance No. 480.
Please note that this resolution includes a variance provision whereby an applicant or property
owner may appeal the moratorium and any negative impact it causes them to the Council.
Should you have questions regarding any of the above, please call me at extension 743.
KPG
att Ordinance No.399
AARES97-69.WPD
OCT-29-1997 14:36 LAW FIRM 817 332 4740 P.02i06
RESOLUTION NO.
A RESOLUTION DECLARING A MORATORIUM ON THE ISSUANCE OF
LICENSES FOR THE OPERATION OF SEXUALLY ORIENTED
BUSINESSES PENDING THE STUDY, REVIEW AND DISCUSSION OF
PROPOSED REGULATIONS REGARDING SEXUALLY ORIENTED
BUSINESSES:AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 1, 1987, the City Council of the City of Southlake adopted
Ordinance 399 regulating operation of sexually oriented businesses within the City;and
WHEREAS, the City Council of the City of Southlake believes that it will take several
months to develop sufficient information to determine whether it is appropriate to amend Ordinance
399 and Ordinance No. 480 regarding permitted locations for the operation of sexually oriented
businesses; and
WHEREAS, the City Council of the City of Southlake believes that it is necessary and
(awl appropriate to institute temporary limitations on the issuance of licenses to operate a sexually oriented
business for a United period of f•nt to provide the c rty anth the opportunity tyto complete its study and
review;and
WHEREAS,the city council desires to maintain the status quo within the city until such time
as the Planning and Zoning Commission and the City Council have had a reasonable opportunity to
study, discuss, review and take appropriate action as may be required to protect the public health,
safety and welfare;and
WHEREAS,a 180 day moratorium placed upon the issuance of licenses to operate a sexually
oriented business is a minimally intrusive method of maintaining the status quo until such review can
be completed.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
LviaaWob+naa(IQ2�97) Pane 1
c`
OCT-29-1997 14:36 LAW FIRM 817 332 4740 P.03i06
C,
OF SO V 1 E[IAKEf i riXAS:
SECTION I.
There is hereby declared to be a moratorium on the issuance of all licenses for the operation
of a sexually oriented business within the City of Southlake. Effective immediately and for a period
of 180 days*no application for a license,certificate of occupancy or building permit shall be accepted
and no license, certificate of occupancy or building permit shall be issued for the use of or the
construction, repair or renovation of any structure or land for the operation of a sexually oriented
business.
SECTION 2.
Any person who believes that the moratorium established by this Resolution unreasonably and
urutecessardy impacts his property shall have the right to request a variance to the provisions of this
moratorium from the City Council. A person seeking a variance shall make a written request to the
City Council by submitting it td the City Secretary's office. The request must provide the following
information:
a. A description of the property to be covered by the variance.
b. An explanation as to why the application of the moratorium is unreasonable as applied
to the applicant's property.
C. A description of any negative impacts created by the moratorium provision.
The City Secretary's office shall place the request for a variance on the agenda of the City
Council for consideration at a public meeting. The applicant shall receive written notice of the datc
of the proposed hearing on the variance request. The City staff shall not be required to provide
E1 edbkeieti� pig`2
Cl
5 B-3
OCT—29-19W 14:36 LAW FIRM 817 332 4740 P.04i06
written notice of the variance request to any other individual or entity. On the date that the item is
set for hearing, the City Council shall conduct a public hearing on the variance request giving any
individual who desires to present information or evidence to the Council on the appropriateness or
inappropriateness of the variance the opportunity to appear before the Council and present such
information. At the conclusion of the hearing,the City Council,by majority vote, may approve a
variance to the provisions of this moratorium resolution or may deny the request for variance. The
approval of a variance shall entitle the applicant to proceed through the normal permitting process
for the property to which the.variance has been granted
SECTION 3.
This moratorium shall be considered in full force and effect upon its passage and for a period
not to exceed one hundred and eighty(180)days unless terminated prior to that time by action of the
City Council upon final adoption of an ordinance adopting amendments regarding the regulation of
sexually oriented businesses.
SECTION 4. t
The planning and zoning commission is directed to expeditiously review amendments to the
zoning ordinance, conduct public hearings, and continue proper procedures for consideration of
adoption of zoning ordinance amendments regulating the location of sexually oriented businesses.
SECTION 5.
This Resolution shall become effective upon its passage and approval.
PASSED and APPROVED on this day of ) 1997.
Rick Stacy,Mayor
oo.zsM Pad.D
G
sg-�
OCT-29-1997 14:37 LAW FIRM 817 332 4740 P.05i06
c '
ATTEST:
Sandy LeGrand,City S=ctary
Em�ra �azs� PW•
J57 8-5
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. -�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, ESTABLISHING REGULA—
TIONS FOR SEXUALLY ORIENTED BUSINESSES;
PROVIDING DEFINITIONS; PROVIDING FOR
CLASSIFICATION; PROVIDING FOR THE LICENSING
AND REGULATION OF ADULT ARCADES, ADULT
BOOKSTORES, ADULT VIDEO STORES, ADULT
CABARETS, ADULT MOTELS, ADULT MOTION PICTURE
THEATERS, ESCORT AGENCIES, NUDE MODELING
STUDIOS AND SEXUAL ENCOUNTER CENTERS;
REGULATING THE DISPLAY OF SEXUALLY EXPLICIT
MATERIALS TO MINORS; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2, 000 . 00) FOR THE VIOLATION OF
SECTION 14 HEREOF, AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH AN OFFENSE OCCURS OR CONTINUES;
PROVIDING A PENALTY OF FINE OF FIVE HUNDRED
DOLLARS ($500 . 00) FOR A VIOLATION OF ANY
SECTION OF THIS ORDINANCE HEREOF OTHER THAN
SECTION 14 AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH
A VIOLATION OCCURS OR CONTINUES; PROVIDING
FOR INJUNCTIVE RELIEF; PROVIDING FOR AN
' AMORTIZATION PERIOD; PROVIDING A GRACE
PERIOD; PROVIDING FOR AMENDMENT OF THIS
ORDINANCE.; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR THE REPEAL OF INCONSISTENT
ORDINANCES .
WHEREAS, with respect to sexually oriented business
establishment , the City Council of the City of Southlake, Texas
(the "City" ) makes the following findings :
(1) That Article 1175 , Section 23 , of the Revised
Civil Statutes of Texas authorizes home rule cities to license
any lawful business , occupation, or calling that is susceptible
to the control of the police power ;
(2) That Article 1175, Section 34 , of the Revised
Civil Statutes of Texas authorizes home rule cities to enforce
all ordinances necessary to protect health, life, and property,
and to preserve the good government , order and security of such
cities and their inhabitants;
(3) That sexually oriented businesses require special
supervision from the public safety agencies of the City in
(60",
0 1 4 5 e i 1 5
order to protect and preserve the health, safety, and welfare
of the patrons of such businesses as well as the citizens of
the City;
(4) That sexually oriented businesses are frequently
used for unlawful sexual activities , including prostitution and
sexual liaisons of a casual nature;
(5) That the concern over sexually transmitted
diseases is a legitimate health concern of the City which
demands reasonable regulation of sexually oriented businesses
in order to protect the health and well-being of its citizens ;
(6) That licensing is a legitimate and reasonable
means of accountability to ensure that : ( i) operators of
sexually oriented businesses comply- with reasonable regulations
(ii) operators do not knowingly allow their establishments to
be used as places of illegal sexual activity or solicitation;
(7) That there is convincing documented evidence that
sexually oriented businesses , because of their very nature,
have a deleterious effect on both the existing businesses
around them and the surrounding residential areas adjacent to
them, causing increased crime and the downgrading of property
values;
(8) That police in numerous other jurisdictions have
made a substantial number of arrests for sexually related
-crimes in sexually oriented business establishments;
(9 ) That it is recognized that sexually oriented
businesses , due to their nature, have serious objectionable
operational characteristics particularly when they are located
in close proximity to each other , thereby contributing to urban
blight and downgrading the quality of life in the adjacent
areas; and
WHEREAS, the City Council of the City desires to : ( i)
minimize and control these adverse effects and thereby preserve
the property values and character of surrounding neighborhoods,
( ii) deter the spread of urban blight , ` ( iii) protect the
citizens from increased crime, (iv) preserve the quality of
life, and (v) protect the health, safety, and welfare of its
citizenry; and
WHEREAS, with respect to the licensing of sexually
oriented business establishments , the City Council of the City,
makes the following findings :
( 1) That it is in the interest of the public safety
and welfare to prohibit persons convicted of certain crimes
from engaging in the occupation of operating a sexually
oriented business ;
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(2) That the City Council of the City, in accordance
with Article 6252-13c of Vernon ' s Texas Civil Statutes , has
considered the following criteria:
( a) the nature and seriousness of the crimes ;
(b) the relationship of the crimes to the
purposes for requiring a license to engage in the
occupation;
(c) the extent to which a license might offer
an opportunity to engage in further criminal activity of
the same type as that in which the person previously had
been involved; and
(d) the relationship of the crimes to the
ability, capacity, or fitness required to perform the
duties and discharge the responsibilities of the licensed
occupation; and has determined that the crimes listed in
Section 6(a) ( 10) (A) of this Ordinance are serious crimes
which are directly related to the duties and
responsibilities of the occupation of operating a
sexually oriented business . The City Council of the City
has further determined that the very nature of the
occupation of operating a sexually oriented business
brings a person into constant contact with persons
interested in sexually oriented materials and activities
thereby giving the person repeated opportunities to
_ commit offenses against public order and decency or
crimes against the public health, safety, or morals
should the person be so inclined. Thus , it is the
opinion of the City Council of the City that the listed
crimes render a person unable, incompetent , and unfit to
perform the duties and responsibilities accompanying the
operation of a sexually oriented business in a manner
that would promote the public safety and trust of the
City;
(3) That the City Council of the City has determined
that no person who has been convicted of a crime listed in
Section 6(a) (10) (A) , as set forth in this ordinance, is
presently fit to operate a sexually oriented business until the
respective time periods designated in Section 6( a) ( 10) (B) have
expired.
(4) That it is the intent of the City Council of the
City to disqualify a person from being issued a sexually
oriented business license by the City of Southlake if the
person has been convicted within the designated time period of
any of the crimes listed in Section 6( a) ( 10) (A) , of this
ordinance;
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T
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS :
SECTION 1 . INCORPORATION OF THE PREMISES .
That all of the above premises are found to be true and
correct and are incorporated into the body of this ordinance as
if copied in their entirety.
SECTION 2 . SEXUALLY ORIENTED BUSINESSES - PURPOSE AND
INTENT OF ORDINANCE.
(a) It is the purpose of this Ordinance to regulate
. sexually oriented businesses in order to promote the health,
safety, morals, and general welfare of the citizens of the
City, and to establish reasonable -and uniform regulations -to
prevent the continued concentration of sexually oriented
businesses within the City. The provisions of this Ordinance
have neither the purpose nor effect of imposing a limitation or
restriction on the content of any communicative materials,
including sexually oriented materials . Similarly, it is
neither the intent nor the effect of this Ordinance to restrict
or deny access by adults to sexually oriented materials
protected by the First Amendment , or to deny access by the
distributors and exhibitors of sexually oriented entertainment
to their intended#market .
(b) It is the intent of the City Council that the
-locational regulations contained in Section 14 of this
Ordinance are promulgated pursuant to Article 2372w, Revised
Civil Statutes of Texas , as they apply to nude model studios
and sexual encounter centers only. It is the intent of the
City Council that all other provisions of this Ordinance are
promulgated pursuant to City of Southlake City Charter and
Article 1175 , Revised Civil Statutes of Texas .
SECTION 3 . DEFINITIONS .
For purposes of this Ordinance, the following terms shall
have the respective meanings ascribed to them:
ADULT ARCADE. Any place to which the public is permitted
or invited wherein coin-operated or slug-operated or
electronically, electrically, or mechanically controlled still
or motion picture machines , projectors , or other image-
producing devices are maintained to show images to five (5) or
fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the
depicting or describing of specified sexual activities or
specified anatomical areas .
(60" -4-
0 1 4 S a i 1 t
S 8-�
ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial
establishment which as one of its principal business purposes
openly advertises .or displays or offers for sale or rental for
any form of consideration any one or more of the following:
(a) books , magazines , periodicals or other
printed matter , or photographs , films , motion pictures,
video cassettes or video reproductions , slides , or other
visual representations - which depict or describe specified
sexual activities or specified anatomical areas; or
(b) instruments , devices, or paraphernalia
which are designed for use in connection with specified
sexual activities .
ADULT CABARET. A nightclub, -bar , restaurant, or similar
commercial establishment which regularly features :
(a)" persons who appear in a state of nudity or
seminudity; or
(b) live performances which are characterized
by the exposure of specified anatomical areas or by
specified sexual activities; or
(c) films, motion pictures , video cassettes,
s slides, or other photographic reproductions which ane
characterized by the depiction or description of
- specified sexual activities or specified anatomical areas .
ADULT MOTEL. A hotel , motel or similar commercial
establishment which:
(a) offers accommodations to the public for any
form of consideration and ( i ) provides patrons with
closed-circuit television transmissions , films , motion
pictures , video cassettes , slides , or other photographic
reproductions which are characterized by the depiction or
description of specified sexual activities or specified
anatomical areas , and (ii) has a sign visible from the
public right of way which advertises the availability of
this type of photographic reproductions; or
(b) offers a sleeping room for rent for a
period of time that is less than ten ( 10) hours; or
(c) allows a tenant or occupant of a sleeping
room to subrent the room for a period of time that is
less than ten ( 10) hours .
ADULT MOTION PICTURE THEATER. A commercial establishment
where, for any form of consideration, films , motion pictures,
video cassettes , slides , orssimilar photographic reproductions
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0 1 A S a 1 9
fig, ID
• 1 •
tion or
are regularly shown which aresexualcharacterized v by i s odepspecified
description of specified
anatomical areas .
rium
ADULT THEATER. A theater,
concert which ha regularly ° features
similar commercial establishment or
persons who appear in a state of nudity or s mi u exposure live
performances which are or by specified bsexual activities .
specified anatomical areas or by p
APPLICANT. Includes
lneachdmember natural
a partnership or
of the date of an application
association and, with respect to a corporation, each officer
and each owner of twenty percent (20%)establish ror ore of stoa ks f such
corporation, which intends to
ally
oriented business .
CHIEF OF POLICE. The Chief of Police of the City of
Southlake or his designated agent .
ESCORT . A person who, for consideration, agrees or
offers to act as a companion, guide, or date for another
person, or who agrees or offers to privately model lingerie or
to privately perform a striptease for another person.
who
on
ESCORT AGENCY. A person` advertisessto furni h lescorts
furnishes , offers to furnish, ° ur oses , for a fee, tip, or
as one of its primary business p P
other consideration.
ESTABLISHMENT . Any of the following:
( a) the opening or commencement of any sexually
oriented business as a new business ;
(b) the conversion of an existing business ,
whether or not a sexually oriented business , to any
sexually oriented business;
(c) the addition of any sexually oriented
existing sexually oriented
business to any other
business; or
ation of any sexually oriented
(d) the reloc
business . -
pplicant who has been issued a license to
LICENSEE. An a
operate a sexually oriented business .
NUDE MODEL STUDIO. Any place where a person who appears
in a state of nudity or seminudity or displays specified
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Sg-( I
anatomical areas is provided to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by
other persons who pay money or any form of consideration.
NUDITY or a STATE OF NUDITY.
(a) the appearance of a human bare buttock,
anus , male genitals, female genitals , or female breast; or
(b) a state of dress which fails to opaquely
cover a human buttock, anus , male genitals , female
genitals , or areola of the female breast .
PERSON. A natural person or individual .
SCHOOL. Any public or private nursery, preschool , day
care center, learning center , elementary or secondary school .
SEMINUDE. A state of dress in which clothing covers no
more than the genitals , pubic region, and areola of the female
breast, as well as portions of the body covered by supporting
straps or devices .
SEXUAL ENCOUNTER CENTER. A business or commercial
enterprise that , as one of its primary business purposes,
offers for any form of consideration: -
(a) physical contact in the form of wrestling
- or tumbling between persons of the opposite sex; or
(b) activities between male and female persons
and/or persons of the same sex when one or more of the
persons is in a state of nudity or seminudity.
SEXUALLY ORIENTED BUSINESS . An adult arcade, adult
bookstore or adult video store, adult cabaret , adult motel,
adult motion picture theater , adult theater , escort agency,
nude model studio, or sexual encounter center .
SPECIFIED ANATOMICAL AREAS . Human genitals in a state of ,
sexual arousal .
SPECIFIED SEXUAL ACTIVITIES . Any of the following:
(a) the fondling or other erotic touching of
human genitals, pubic region, buttocks , anus, or female
breasts; or
(b) sex acts , normal or perverted, actual or
simulated, including intercourse, oral copulation, or
sodomy; or
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,58- IL
(c) masturbation, actual or simulated; or
(d) excretory functions as part of or in
connection with any of the activities set forth in ( a)
through (c) above .
SUBSTANTIAL ENLARGEMENT. With respect to a sexually
oriented business , means the increase in floor area occupied by
the business by more than twenty-five percent (25%) , as the
floor area exists on the effective date of this ordinance.
TRANSFER OF OWNERSHIP OR CONTROL. With respect to a
sexually oriented business, means and includes any of the
following:
(a) the sale, lease, or sublease of the
business;
(b) the transfer of securities or other
ownership interest which constitute a direct, indirect,
legal , equitable or beneficial controlling interest in
the business , whether by sale, exchange, or similar
means; or
(c) the establishment of a trust, gift, or
other similar legal device which transfers the direct,
indirect , legal , equitable or beneficial ownership or
control of the business , except for transfer by bequest
or other operation of law upon the death of the person
possessing the ownership or control to a person meeting
all of the requirements of Section 6 hereof, who shall
have notified the Chief of Police of the transfer and
furnished all of the information required to be submitted
in an application for a license, within 60 days of the
transfer .
SECTION 4 . CLASSIFICATION.
Sexually oriented business is defined and classified as
any commercial establishment operating in the City, in whole or
in part, as any one or more of the following:
( 1) adult arcade;
(2) adult bookstore or adult video store;
(3) adult cabaret;
(4) adult motel ;
( 5 ) adult motion picture theater ;
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Y
( 6) adult theater;
( 7 ) escort agency;
( 8) nude model studio; and
(9 ) sexual encounter center .
SECTION 5 . LICENSE REQUIRED.
(a) A person commits an offense if the person operates
a sexually oriented business without a valid license, issued by
the City for the particular type of business .
(b) ( 1) Each individual desiring to operate a
sexually oriented business must sign an application as
applicant . If a sexually oriented business is to be operated
by an association, partnership, corporation -or other legal
entity, each person who is a member or an officer or who owns
or controls a twenty percent (20%) or greater interest
( including corporate stock) in such entity must sign an
application as applicant and be qualified pursuant to t^is
Ordinance.
(2) Each person who is a member or an officer
or who owns or controls twenty percent (20%) or greater
interest ( including corporate stock) of an association,
'partnership, corporation or other legal entity which owns or
controls twenty percent (20%) or greater interest ( including
corporate stock) of an association, partnership, corporation or
other legal entity which operates a sexually oriented business
shall sign an application as applicant and must be qualified
hereunder .
(c) An application for a license must be made on a
form provided by the Chief of Police . The application form
shall be sworn to by the applicant and shall : ( i) include the
name and residence and business addresses of the applicant;
(ii) state whether or not the applicant meets each of the
requirements set forth in Section 6 of this Ordinance; ( iii)
include the address of the premises which the applicant intends
to operate as a sexually oriented business; (iv) state the
present ownership interest of such applicant in the sexually
oriented business; (v) include the name and residence and
business addresses of each person and each entity (association,
partnership or corporation) , if any, which owns or controls an
interest in the sexually oriented business with respect to
which such application applies and the names of any entities
(associations , partnerships or corporations) owned or
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�u- ly
controlled by the applicant and the names and residence and
business addresses of any person who is a member or officer or
holder of twenty percent (20%) or more corporate stock in such
entity or entities ; and (vi ) include information with respect
to such other matters , consistent with this Ordinance, as may
be specified in the application form.
(d) The application must be accompanied by a sketch or
diagram showing the configuration of the premises , including a
statement of total floor space occupied by the business . The
sketch or diagram need not .be professionally prepared but must
be drawn to a designated scale or drawn with marked dimensions
of the interior of the premises to an accuracy of plus or minus
six (6) inches . Applicants who must comply with Section 20 of
this Article shall submit a diagram meeting the requirements of
Section 20 .
(e) An applicant- shall have a present ownership
interest in the sexually oriented business with respect to
which the applicant makes application for license. A separate
application shall be required for each address , place, premises
or location which the applicant operates as a sexually oriented
business and a license issued to a person is valid only with
respect to the sexually oriented business and at the exact
address , place, premises or location listed in the application
for sdch license.
(f) The applicant must be qualified according to the
provisions of this Ordinance and the premises must be inspected
and found to be in compliance with the law by the health
department , fire department , and building official . The
applicant shall comply with all applicable city, county, state
and federal laws .
(g) An applicant operating a sexually oriented
business under an assumed name shall attach to the application
a certificate of assumed name issued by the County Clerk of the
County in which the sexuallyoriented business is to be the
operated showing that the applicant has complied
assumed name laws of the State of Texas . The assumed name
certificate shall be prepared on a form prescribed
by the when Chief
of police. No license shall be issuedrenewed
the
applicant is operating under an assumed name or any name other
than the real name or names of the individual or individuals
operating or intending to operate a sexually
CountyedC business
until such certificate, duly signed by
his deputy, is provided in compliance herewith.
SECTION 6 . ISSUANCE OF LICENSE.
(a) The Chief of police shall approve the issuance
a license to an applicant , or to the transferee as applicant
upon the transfer of ownership or control by an applicant or
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014Sa/ 2A
licensee of all or any part of such applicant ' s or licensee ' s
ownership or control of a sexually oriented business , within
thirty (30) days after receipt of an application unless the
Chief of Police finds one or more of the following to be true :
( 1 ) An applicant is under eighteen ( 18) years
of age .
( 2) An applicant or an applicant ' s spouse is
overdue in their payment to the City of taxes, fees ,
fines, or penalties assessed against or imposed upon them
in relation to a sexually oriented business .
(3) An applicant has failed to provide
information reasonably necessary for issuance of the
license or has falsely answered a question or request for
information on the application form.
(4) An applicant or an applicant ' s spouse has .
been convicted of a violation of a provision of this
Ordinance, other than the offense of operating a sexually
oriented business without a license, within two (2) years
immediately preceding the application. The fact that a
conviction is being appealed shall have no effect .
( 5) An applicant is residing with a person who
has been denied a license by the City to operate 'a
sexually oriented business within the preceding twelve
„r ( 12) months, or is residing with a person whose license
revoked
to operate a sexually oriented business has been
within the preceding twelve ( 12) months .
( 6) The premises to be used for the sexually
oriented business have not been approved by the health
department , fire department , and the building official as
being in compliance with applicable laws and ordinances .
( 7) The license fee required by this Ordinance
has not been paid.
(8) An applicant has been employed in a
sexually oriented business in a managerial capacity
within the preceding twelve (12) months and has
demonstrated that he or she is unable to operate or
manage a sexually oriented business premises in a
peaceful and law-abiding manner , thus necessitating
action by law enforcement officers .
(9) An applicant or the proposed establishment
is in violation of or is not in compliance with Sections
8 , 13 , 14 , 16 , 17 , 18 , 19 or 21 of this Ordinance .
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(10) An applicant or an applicant ' s spouse has
been convicted of a crime:
(A) involving :
( i) any of the following offenses
as described in Chapter 43 of the Texas
Penal Code:
(aa) prostitution;
(bb) promotion of prostitution;
(cc) aggravated promotion of
prostitution;
(dd) compelling prostitution;
(ee) obscenity;
(ff) sale, distribution, or
display of harmful material
to minor;
(gg) sexual performance by a
child;
(hh) possession of child
. pornography;
( ii) any of the following offenses as
described in Chapter 21 of the Texas Penal
Code:
(aa) public lewdness;
(bb) indecent exposure;
(cc) indecency with a child;
(iii) sexual assault
or aggravated
Cater 22
sexual assault as described
of the Texas Penal Code;
(iv) incest , solicitation of a child,
or harboring a runaway child as described
in Chapter 25 of the Texas Penal Code;
(v) criminal attempt, conspiracy, or
solicitation to commit any of the foregoing
offenses ; and
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(B) for which:
( i) less than two (2) years have
elapsed since the date of conviction or the
date of release from confinement imposed
for the conviction, whichever is the later
date, if the conviction is of a misdemeanor
offense;
( ii) less than five ( 5) years have
elapsed since the date of conviction or the
date of release from confinement for the
conviction, whichever is the later date, if
the conviction is of a felony offense; or
(iii) less than five (5) years have
elapsed since the date of the last
conviction or the date of release from
confinement for the last conviction,
whichever is the later date, if the
convictions are of two or more misdemeanor
offenses or combination of misdemeanor
offenses occurring within any 24-month
period.
i
(b) The fact that a conviction is being appealed Ishall
have no effect on the disqualification of the applicant or the
_applicant ' s spouse .
(c) The license, if granted, shall state on its face
the name of the person or persons to whom it is granted, the
expiration date, and the address of the sexually oriented
business . The license shall be posted in a conspicuous place
at or near the entrance to the sexually oriented business so
that it may be easily read at any time.
SECTION 7 . FEES .
Each application for a license or a license renewal shall
be accompanied by a cashier ' s check or money order , payable to
the City of Southlake, in the amount of $500 . Such fee shall
be nonrefundable.
SECTION 8 . INSPECTION.
(a) At any time it is occupied or open for business,
an applicant or licensee shall permit representatives of the
police department , health department , fire department and
building inspection division to inspect the premises of a
sexually oriented business for the purpose of insuring
compliance with the law.
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0 1 4 5 a/ 2 7
(b) A person ( i) who operates a sexually oriented
business , or ( ii ) whose agent or employee operates the same,
commits an offense if the person or the person' s agent or
employee refuses to permit a lawful inspection of the premises
by a representative of the above described departments at any
time it is occupied or open for business .
(c) The provisions of this section do not apply to
areas of an adult motel which are currently being rented by a
customer for use as a permanent or temporary habitation.
SECTION 9 . EXPIRATION AND RENEWAL OF LICENSE.
( a) Each license shall expire one ( 1) year from the
date of issuance and may be renewed only by making application
as provided in Section 5 . Application for renewal should be
made at least thirty (30) days before the expiration date, and
when made less than thirty (30) days before the expiration
date, the expiration of the license will not be affected.
(b) When the Chief of Police denies renewal of a
license, the applicant shall not be issued a license for one
( 1) year from the date of denial . If , subsequent to denial ,
the Chief of Police finds that the basis for denial of the
renewal license has been corrected or abated, the applicant may
-be granted a license if at least ninety (90) days have elapsed
since the date denial became final .
(Moe SECTION 10 SUSPENSION.
The Chief of Police shall suspend a license for a period
of not to exceed thirty (30) days if the Chief of Police
determines that a licensee or an agent or an employee of a
licensee has :
(a) violated or is not in compliance with Sections 8,
13 , 14 , 16 , 17 , 18, 19 , 20 or 21 of this Ordinance;
(b) engaged in excessive use of alcoholic beverages
while on the sexually oriented business premises;
(c) refused to allow an inspection of the sexually
oriented business premises as authorized by this Ordinance;
(d) knowingly permitted gambling by any person on the
sexually oriented business premises ;
(e) demonstrated inability to operate or manage a
sexually oriented business in a peaceful and law-abiding manner
thus necessitating action by law enforcement officers;
(f) failed to notify the Chief of Police of a
conveyance or transfer of ownership or control of the sexually
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0 1 , 5 0/ 2 E
5$-Iq
oriented business within ten ( 10) days of such conveyance or
transfer in accordance with Section 13(c) hereof .
SECTION 11 . REVOCATION.
(a) The Chief of Police shall revoke a license if a
cause of suspension in Section 10 occurs and the license has
been suspended within the preceding twelve ( 12) months .
(b) The Chief of Police shall revoke a license if the
Chief of Police determines that :
( 1) a licensee gave false or misleading
information in the material submitted to the Chief of Police
during the application process;
(2) a licensee or an agent or an employee of a
licensee has knowingly allowed possession, use, or sale
of controlled substances on the premises;
(3) a licensee or an agent or an employee of
the licensee has knowingly allowed prostitution on the
premises;
(4) a licensee or an agent or an employee of
the licensee knowingly operated the sexually oriented
business during a period of time when the licensee' s
license was suspended;
( 5) a licensee has been convicted of an offense
listed in Section 6( a) ( 10) (A) for which the time period
required in Section 6( a) ( 10) (B) has not elapsed;
( 6) on two (2) or more occasions within a
twelve ( 12) month period, a person or persons committed
an offense occurring in or on the licensed premises of a
crime listed in Section 6(a) ( 10) (A) , for which a
conviction has been obtained, and the person or persons
convicted of such crime were agents or employees of the
licensee at the time the offenses were committed;
(7) except as provided in Subsection (d) of
this Section 11 , a licensee or an agent or an employee of
a licensee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or
sexual contact to occur in or on the licensed premises.
The term "sexual contact shall have the same meaning as
it is defined in Section 21 . 01 Texas Penal Code;
( 8) a licensee is delinquent in payment to the
City for hotel occupancy taxes , ad valorem taxes , or
sales taxes related to the sexually oriented business; or
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5 �-ZO
(9 ) a receiver , successor in interest or a
transferee of an ownership interest in the sexually
oriented business failed to notify the Chief of Police of
such change in accordance with Section 13(c) hereof .
(c) The fact that a conviction is being appealed shall
have *no effect on the revocation of the license .
(d) Subsection (b) ( 7) of this Section 11 does not
apply to adult motels as a ground for revoking the license
unless the licensee or an agent or an employee of the licensee
knowingly allowed the act of sexual intercourse, sodomy, oral
copulation, masturbation, or sexual contact to occur in a
public place or within public view.
(e) When the Chief of Police revokes a license, the
revocation shall continue for one ( 1 ) year and the licensee
shall not be issued a license to operate a sexually oriented
business in accordance with Sec . 14-111(c) hereof, for one ( 1)
year from the date revocation became effective . If , subsequent
to revocation, the Chief of Police finds that the basis for the
revocation has been corrected or abated, the applicant may be
granted a license if at least ninety (90 ) days have elapsed
since the date the revocation became effective . An individual
whose license was revoked under Section 11(b) ( 5) mcly not be
granted another license until the appropriate number of years
required under Section 6(a) ( 10) (B) has elapsed since the
termination of any sentence, parole, or probation.
SECTION 12 . APPEAL.
If the Chief of Police denies the issuance of a license,
or suspends or revokes a license, the Chief of Police shall
send to the applicant, or licensee, by certified mail , return
receipt requested, written notice of such action and notice of
the right to an appeal . The aggrieved party may appeal the
decision of the Chief of Police to the City Council by filing
an appeal with the city secretary within ten ( 10) days of the
receipt of the notice of such denial , suspension or
revocation. The filing of an appeal stays the action of the
Chief of Police in suspending or revoking a license and the
City Council shall make a final decision with respect to such
denial , suspension or revocation. If within a ten ( 10) day
period the Chief of Police suspends , revokes or denies issuance
of any other license of an individual operating a sexually
oriented business at the same location, then the City Council
may consolidate the request for appeals , if any, of those
actions into one ( 1) appeal .
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15 V-2,'
SECTION 13 . TRANSFER OF LICENSE .
( a) A licensee, including any applicant for a license,
shall not transfer his or her license or all or any part of his
or her ownership or control of a sexually oriented business to
another , nor shall a licensee operate a sexually oriented
business under the authority of a license at any place other
than the address designated in the application and stated on
the face of the license.
(b) On the death of a licensee, or upon bankruptcy,
receivership or partnership dissolution with respect to a
sexually oriented business, the receiver or successor in
interest to a license may apply to the county judge for
certification that such person is the receiver or successor in
interest to such license. On certification and upon the
furnishing of such information as the Chief of Police may
require, unless good cause for refusal is shown, the Chief of
Police shall grant permission, by letter or otherwise, for the
receiver or successor in interest to operate the sexually
oriented business during the unexpired portion of the license.
Such a license shall not be renewed but the receiver or
successor in interest may apply for an original license in
accordance with the requirements of this Ordinance. A receiver
or successor in interest operati4g a sexually oriented business
for the unexpired portion of the license shall be subject to
the requirements of this Ordinance in the same manner as if
such receiver or successor in interest had been issued the
original license .
(c) Each person becoming a receiver, successor in
interest or transferee of an ownership or controlling interest
in a sexually oriented business shall notify the Chief of
Police of such change in ownership or control within ten ( 10)
days of the effective date of such transfer . Failure to notify
the Chief of Police shall be grounds for suspension or
revocation of the license.
SECTION 14 . LOCATION OF SEXUALLY ORIENTED BUSINESSES .
(a) A person commits an offense if he operates or
causes to be operated a sexually oriented business within one
thousand ( 1 , 000) feet of :
( 1) a church;
(2) a school;
(3) a boundary of a residential district as
defined in the Comprehensive Zoning Ordinance, as
amended, of the City of Southlake;
' -17-
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5$-ZZ
(4) a public park; or
( 5) the property line of a lot devoted to
residential use .
(b) A person commits an offense if the person causes
or. permits the operation, establishment , substantial enlarge-
ment, or transfer of ownership or control of a sexually
oriented business located within five hundred (500) feet of
another sexually oriented business .
(c) A person commits an offense if the person causes
or permits the operation, establishment, or maintenance of more
than one sexually oriented business in the same building,
structure, or portion thereof, or the increase of floor area of
any sexually oriented business in any building, structure, or
portion thereof containing another sexually oriented business .
(d) For the purposes of Section 14(a) above, measure-
ment shall be made in a straight line, without regard to
intervening structures or objects , from the nearest portion of
the building or structure used as a part of the premises where
a sexually oriented business is conducted, to the nearest
property line of the premises of a church or school , or to the
nearest boundary of an affected public park, residential
district , or residential lot .
(e) For purposes of Section 14(b) above, the distance
between any two (2) sexually oriented businesses shall be
measured in a straight line, without regard to intervening
structures or objects , from the closest exterior wall of the
structure in which each business is located .
(f) Any sexually oriented business lawfully operating
on the effective date of this ordinance that is in violation of
Sections 14 (a) , (b) , or (c) above shall be deemed a
nonconforming use . The nonconforming use will be permitted to
continue for a period not to exceed one ( 1) year , unless sooner
terminated for any reason or voluntarily discontinued for a
period of thirty (30) days or more. Such nonconforming uses
shall not be increased, enlarged, extended or altered except
that the use may be changed to a conforming use. If two or
more sexually oriented businesses are within five hundred (500)
feet of one another and otherwise in a permissible location,
the sexually oriented business which was first established and
continually operating at a particular location is the
conforming use and the later-established business(es) is
nonconforming.
(g) A sexually oriented business lawfully operating as
a conforming use is not rendered a nonconforming use by the
location, subsequent to the grant or renewal of the sexually
-18-
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S 9>- 2,_75
oriented business license, of a church, school , public park,
residential district , or residential lot within one thousand
( 1000) feet of the sexually oriented business . This provision
applies only to the renewal of a valid license, and does not
apply when an application for a license is submitted after a
license has expired or has been revoked.
(h) A sexually oriented business established on or
after the effective date of this ordinance shall be located
only within the districts so permitted by and shall conform in
all respects with the requirements of the Comprehensive Zoning
Ordinance of the city as such Comprehensive Zoning Ordinance
may, from time to time, be amended.
SECTION 15. EXEMPTION FROM LOCATION RESTRICTIONS .
(a) If the Chief of Police denies the issuance of a
license to an applicant because the location of the sexually
oriented business establishment is in violation of Section 14
of this Ordinance, then the applicant may, not later than ten
( 10) calendar days after receiving notice of the denial , file
with the City Secretary a written request for an exemption from
the locational restrictions of Section 14 (a) through (g) .
(b) If the written request is filed ., with the City
Secretary within the ten (10) day-limit , the City Council shall
consider the request . The city secretary shall set a date for
_the hearing within sixty (60) days from the date the written
request is received.
(c) A hearing by the City Council may proceed if a
quorum is present . The City Council shall hear and consider
evidence offered by any interested person. The formal rules of
evidence do not apply.
(d) The City Council may, in its discretion, grant an
exemption from the locational restrictions of Section 14(a)
through (g) hereof provided that it makes the following
findings :
(1) That the location of the proposed sexually
oriented business will not have a detrimental effect on
nearby properties or be contrary to the public safety or
welfare;
(2) That the granting of the exemption will not
violate the spirit and intent of this Ordinance;
(3) That the location of the proposed sexually
oriented business will not downgrade the property values
or quality of life in the adjacent areas or encourage the
development of urban blight;
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a 1 4 5 a/ > >
3Q-z 1
(4) That the location of an additional sexually
oriented business in the area will not be contrary to any
program of neighborhood conservation nor will it
interfere with any efforts of urban renewal or
restoration; and
(5) That all other applicable provisions of
this Ordinance will be observed.
(e) The City Council shall grant or deny the exemption
by a majority vote . Failure to reach a majority vote shall
result in denial of the exemption. Disputes of fact shall be
decided on the basis of a preponderance of the evidence. The
decision of the City Council shall be final .
(f) If the City Council grants the exemption, the
exemption shall be valid for one ( 1) year from the date of the
City Council ' s action. Upon the expiration of an exemption,
the sexually oriented business shall be in violation of the
locational restrictions of Section 14(a) through (g) until the
applicant applies for and receives another exemption.
(g) If the City Council denies the exemption, the
applicant may not re-apply for an exemption until at least
twelve ( 12) months have elapsed since the date of the governing
.body' s action. .
(h) The grant of an exemption does not exempt the
-applicant from any other provisions of this Article other than
the locational restrictions of Section 14(a) through (g) .
SECTION 16 . ADDITIONAL REGULATIONS FOR ESCORT AGENCIES .
(a) An escort agency shall not employ any person under
the age of eighteen ( 18) years .
(b) A person commits an offense if said person acts as
an escort or agrees to act as an escort for any person under
the age of 18 Years .
SECTION 17 . ADDITIONAL REGULATIONS FOR NUDE MODEL
STUDIOS .
(a) A nude model studio shall not employ any person
under the age of eighteen ( 18) years .
(b) A person under the age of eighteen (18) years
commits an offense if said person appears in a state of nudity
or seminudity in or on the premises of a nude model studio . It
is a defense to prosecution under this subsection if the person
under eighteen ( 18) years was in a restroom not open to public
view or persons of the opposite sex .
` -20-
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�8-z5
(c) A person commits an offense if said person appears
in a state of nudity or seminudity or knowingly allows another
to appear in a state of nudity or seminudity in an area of a
nude model studio premises which can be viewed from the public
right of way.
(d) A nude model studio shall not place or permit a
bed, sofa, or mattress in any room on the premises, except that
a sofa may be placed in a reception room open to the public .
SECTION 18 . ADDITIONAL REGULATIONS FOR ADULT THEATERS
AND ADULT MOTION PICTURE THEATERS .
(a) A person commits an offense if said person
knowingly allows a person under the age of eighteen ( 18) years
to appear in a state of nudity or seminudity in or on the
premises of an adult theater or adult motion picture theater .
(b) A person under the age of eighteen ( 18) years
commits an offense if said person knowingly appears in a state
of nudity or seminudity in or on the premises of an adult
theater or adult motion picture theater .
(c) It is a defense to prosecution under Subsections
(a) ;and (b) of this Sec . 14-116 if the person under eighteen;
(18) years was in a restroom not open to public view or persons
of the opposite sex.
SECTION 19 . ADDITIONAL REGULATIONS FOR ADULT MOTELS .
(a) Evidence that a sleeping room in a hotel , motel,
or similar commercial establishment has been rented and vacated
two (2) or more times in a period of time that is less than ten
( 10) hours creates a rebuttable presumption that the
establishment is an adult motel as that term is defined in this
Ordinance.
(b) A person commits an offense if, as the person in
control of a sleeping room in a hotel , motel , or similar
commercial establishment that does not have a sexually oriented
business license, said person rents or subrents a sleeping room
to a person and, within ten ( 10) hours from the time the room
is rented, he rents or subrents the same sleeping room again.
(c) For purposes of Section 19 (b) above, the terms
"rent" or "subrent" shall mean the act of permitting a room to
be occupied for any form of consideration.
SECTION 20 . REGULATIONS PERTAINING TO EXHIBITION OF
SEXUALLY EXPLICIT FILMS OR VIDEOS .
(a) A person who operates or causes to be operated a
(W sexually oriented business, other than an adult motel , which
-21-
0 1 4 S a/ 3 S Q
exhibits on the premises in a viewing room of less than one
hundred fifty ( 150) square feet of floor space, a film, video
cassette, or other video reproduction which depicts specified
sexual activities or specified anatomical areas , shall comply
with the following requirements :
( 1) The application for a license to operate a
sexually oriented business shall be accompanied by a
diagram of the premises showing a plan thereof specifying
the location of one or more manager ' s stations and the
location of all overhead lighting fixtures and
designating any portion of the premises in which patrons
will not be permitted. A manager ' s station may not
exceed thirty-two (32) square feet of floor area. The
diagram shall also designate the place at which the
permit will be conspicuously posted, if granted. A
professionally prepared diagram in the nature of an
engineer ' s or architect ' s blueprint shall not be
required; however each diagram should be oriented to the
north or to some designated street or object and should
be drawn to a designated scale or with marked dimensions
sufficient to show the various internal dimensions of all
areas of the interior of the premises to an accuracy of
plus or minus six ( 6) inches . The Chief of Police may
waive the foregoing diagram for renewal applications if
the applicant adopts a diagram that was previously
submitted and certifies that the configuration of the
premises has not been altered since it was prepared.
(2) The application shall be sworn to be true
and correct by the applicant .
(3) No alteration in the configuration or
location of a manager ' s station may be made without the
prior approval of the Chief of Police or his or her
designee.
(4 ) It is the duty of the licensee to ensure
that at least one ( 1) agent or employee is on duty and
situated in each manager ' s station at all times that any
patron is present inside the premises .
(5) The interior of the premises shall be
configured in such a manner that there is an unobstructed
view from a manager ' s station of every area of the
premises to which any patron is permitted access for any
purpose excluding restrooms . Restrooms may not contain
video reproduction equipment . If the premises has two
(2) or more manager ' s stations designated, then the
interior of the premises shall be configured in such a
manner that there is an unobstructed view of each area of
the premises to which any patron is permitted access for
-22-
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any purpose from at least one ( 1) of the manager ' s
stations . The view required in this subsection must be
by direct line of sight from the manager ' s station.
( 6) It shall be the duty of the licensee, and
it shall also be the duty of any agents and employees
present in the premises to ensure that :
(a) the view area specified in Sub-
section (5) remains unobstructed by any doors,
walls, merchandise, display racks or other
materials at all times that any patron is present
in the premises, and
(b) no patron is permitted access to any
area of the premises which has been designated as
an area in which patrons will not be permitted in
the application filed pursuant to Subsection ( 1)
of this section.
(7) The premises shall be equipped with
overhead lighting fixtures of sufficient intensity to
illuminate every place to which patrons are permitted
access at an illumination of not less than one (1 . 0)
footcandle as mesasured at the floor level .
(8) It shall be the duty of the licensee and it
shall also be the duty of any agents and employees
present in the premises to ensure that the illumination
described above, is maintained at all times that any
patron is present in the premises .
(b) A person having a duty under Subsections ( 1)
through (8) of Subsection (a) above commits an offense if said
person knowingly fails to fulfill that duty.
SECTION 21 . DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO
MINORS.
(a) A person commits an offense if, in a business
establishment open to persons under the age of seventeen (17)
years, said person displays a book, pamphlet , newspaper,
magazine, film, or video cassette, the cover of which depicts,
in a manner calculated to arouse sexual lust or passion for
commercial gain or . to exploit sexual lust or perversion for
commercial gain, any of the following:
(1) human sexual intercourse, masturbation, or
sodomy;
(2) fondling or other erotic touching of human
genitals , pubic region, buttocks , or female breasts;
-23-
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`� 8-z S
(3) less than completely and opaquely covered
human genitals , buttocks, or that portion of the female
Cr, breast below the top of the areola; or
(4 ) human male genitals in a discernibly turgid
state, whether covered or uncovered.
(b) In this section "display" means to locate an item
in such a manner that, without obtaining assistance from an
employee of the business establishment :
(1) it is available to the general.. public for
handling and inspection; or
(2) the cover, outside packaging, or contents
of the item is visible to members of the general public .
SECTION 22 . ENFORCEMENT.
(a) Except as provided by Subsection (b) , any person
violating a provision of this Ordinance other than Section 14 ,
upon conviction, is punishable by a fine not to exceed Two
Thousand Dollars ($2, 000 . 00) for each offense and a separate
offense shall be deemed committed upon each day during or on
! .which a violation occurs .
(b) If the sexually oriented business involved is a
_nude model studio or sexual encounter center , then violation of
Section 5( a) or 14 of this Ordinance is punishable as a Class B
misdemeanor .
(c) Except as provided by Section 22(b) above, any
person violating a provision of this Article other than Section
14 , upon conviction, is punishable by a fine not to exceed Five
Hundred Dollars ($500 . 00) for each offense and a separate
offense shall be deemed committed upon each day during or on
which a violation occurs .
(d) It is a defense to prosecution under Sections
5(a) , 14, or 17(d) that a person appearing in a state of nudity
did so in a modeling class operated:
(1) by a proprietary school licensed by the
State of Texas; a college, junior college, or university
supported entirely or partly by taxation;
(2) by a private college or university which
maintains and operates educational programs in which
credits are transferrable to a college, junior college,
or university supported entirely or partly by taxation; or
Ce -24-
0 1 4 S a z 3 a
'57g'z`1
(3) in a structure:
(A) which has no sign visible from the
exterior of the structure and no other advertising
that indicates a nude or seminude person is
available for viewing; and
(B) where in order to participate in a
class a student must enroll at least three (3)
days in advance of the class; and
(C) where no more than one (1) nude or
seminude model is on the premises at any one time.
(e) It is a defense to prosecution under Section 5(a)
or Section 14 hereof that- each item of descriptive, printed,
film, or video material offered for sale or rental , taken- as a
whole, contains serious literary, artistic, political, or
scientific value.
SECTION 23 . INJUNCTIVE RELIEF.
A person who operates or causes to be operated a sexually
'oriented business without a valid license or in violation of
Section 14 of this Ordinance is subject to a suit for
_injunction as well as prosecution for criminal violations .
SECTION 24 . GRACE PERIOD FOR COMPLIANCE.
That all persons required by this Ordinance to obtain a
sexually oriented business license because said business is in
existence on the date of or prior to the effective date of this
Ordinance, are hereby granted a grace period, which shall be
for a period of ninety (90) days from the effective date of the
Ordinance.
SECTION 25 . REPEAL OF INCONSISTENT ORDINANCES .
That all ordinances or parts of ordinances inconsistent
or in conflict with the provisions of this Ordinance are hereby
expressly repealed to the extent of the inconsistency or
conflict .
SECTION 26 . SEVERABILITY CLAUSE.
That if any section, article, paragraph, sentence,
clause, phrase or word in this Ordinance, or application
thereof to any person or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions
-2 5-
o t 4 S a i 3 9
of this Ordinance; and the City Council of the City hereby
declares it would have passed such remaining portions of this
Ordinance despite such invalidity, which remaining portions
shall remain in full force and effect .
SECTION 27 . AMENDMENT OF THIS ORDINANCE.
Sections 14 and 15 of this Ordinance may be amended only
after compliance with the procedure required to amend a zoning
ordinance. Other sections of this Ordinance may be amended by
vote of the City Council .
PASS D AND APPROVED ON FIRST READING the day
of`����CJ 1987 .
of � PASSEp AND APPROVED ON S ING t�C day
���n�l<Cc� 1987 .
i •
May Ity' 6f-SoYlthlake, Texas
ATTEST: �
City Secretary, City of
Southlake, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney, City of
Southlake, Texas
-26-
ot � ssieo
5g-31
City of Southlake, Texas
MEMORANDUM
October 29, 1997
TO: Curtis E. Hawk, City Manager
FROM: Darcey Imm, Assistant to the City Manager
er
i
SUBJECT: Resolution 97-70 Appointing eight members to the Tax Increment Reinvestment
i
Zone Number One Board of Directors.
I
i
Resolution 97-70 appoints the City's representatives to the Reinvestment Zone Board of Directors.
With the advice of the City's Bond Counsel, Ed Esquivel, the Reinvestment Zone Ordinance was
designed to give the City the ability to appoint eight members to the Board. Since the statute only
permits each of the other taxing entities to designate one member to the Board, this "extra"
appointment will allow us to appoint the second representative of CISD that we have agreed to in our
preliminary negotiations. Staff has contacted CISD and they have indicated that they would prefer
that Board President Buddy Luce be the City's appointment. Ted Gillum will be appointed by CISD.
I will be happy to answer any questions you may have.
DAI
5C - 1
RESOLUTION NO. 97-70
A RESOLUTION OF THE CITY COUNCIL OF
SOUTHLAKE, TX ESTABLISHING A BOARD OF
DIRECTORS TO ADMINISTER TAX INCREMENT
REINVESTMENT ZONE NUMBER ONE, APPOINTING
EIGHT MEMBERS TO SAID BOARD OF DIRECTORS AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Southlake, Texas, after public hearing,
created Tax Increment Reinvestment Zone Number One, City of Southlake, at the
September 23, 1997 Council Meeting; and
WHEREAS, A Board of Directors was established by the City of Southlake Ordinance
No. 682, adopted September 23, 1997, to administer the Zone; and
WHEREAS, the City of Southlake is to appoint eight (8) members to the Board; and
WHEREAS, this action is to be taken within sixty (60) days of the passage of
Ordinance 682 creating the Tax Increment Reinvestment Zone.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1. That all matters stated in the preamble of this resolution are true and correct
and are hereby incorporated into the body of this resolution as if copied in their
entirety.
Section 2. That the City of Southlake hereby appoints eight members to the Board of
Directors of Tax Increment Reinvestment Zone Number One, City of Southlake,
Texas, to serve for three year terms as named in the attached Exhibit "A".
Section 3. That the City of Southlake authorizes and directs that this action be made
part of the City's permanent records.
Section 4. That this resolution shall become effective from and after the date of its
passage.
`� Cw �.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS on this the 5th day of November, 1997.
APPROVED:
Rick Stacy
Mayor
ATTEST:
Sandy LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
EXHIBIT A
The City Council of the City of Southlake, Texas, hereby appoints the following
members to the Board of Directors of the City of Southlake Tax Increment
Reinvestment Zone Number One:
Mayor Rick Stacy
Mayor Pro Tem Ralph Evans
Deputy Mayor Pro Tem. David Harris
Councilmember Gray Fawks
Councilmember Scott Martin
Councilmember Wayne Moffatt
Councilmember Pamela Mueller
Buddy Luce, Chair of Carroll ISD Board of Directors
City of Southlake,Texas
MEMORANDUM
October 31, 1997
TO: Curtis E. Hawk, City Manager
FROM: Lou Ann Heath, Director of Finance
SUBJECT: Award of Bid for Janitorial Services
On Monday, October 27,1997, the City of Southlake received bids from 4 vendors for
janitorial services. The janitorial services contract is for all City facilities, including the main
City Hall building, the City Hall annex, the Community Building and Lodge at Bicentennial
Park, and the Public Works Facility. The contract specifies an initial one year contract period
with the City's option, on an annual basis, to continue the contract for up to two additional
years. On October 21, a pre-bid conference and tour of the facilities was conducted with 2
companies attending.
Evaluation of the bids was based on several criteria: price; special needs and requirements of
the City; results of reference checks; past performance with the City; and staff evaluation of
the bidder's ability to perform. The low bid of $18,660.00 annual charge was received from
Kenniko Janitorial Maintenance & Supply Company, a N. Richland Hills firm. The next
lowest bid received was S5.670. 12 more than the lowest bid. As a requirement of the bid
Kenniko was required to provide several references. The references contacted were very
complimentary about the company, their service and their professionalism. Most references
contacted had utilized Kenniko's services in excess of one year.
After evaluation of the financial information submitted by the company, business history,
training plan, and reference checks, 1 am recommending award of bid to Kenniko Janitorial
Maintenance & Supply Company for the $18,660.00 annual bid price submitted.
The current janitorial services contract expires at the end of October, therefore the Council
will need to take action at their November 4, 1997 meeting to award the contract to Kenniko
Janitorial Maintenance & Supply Company for one year beginning November 10, 1997. We
have negotiated with the current janitorial services contractor to extend their services an
additional week to provide continuous service. Please place this item on the agenda for
Council consideration.
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City of Southlake, Texas --
MEMORANDUM
October 31 1997
TO: Curtis E. Hawk, City Manager
FROM: Ron Harper, City Engineer
i
SUBJECT: Commercial Developer Agreement for Lot 12R2 and Lot 12R1 of
Diamond Circle Estates
I i
BACKGROUND
Dr. Wallace Ryne is developing lots 12R2 and 12R1 of Diamond Circle Estates for
commercial use. This standard agreement covers the extension of sanitary sewer to the
referenced lots.
The developer agrees to construct an eight-inch sewer line to serve this property. Park
fees have been paid for this project.
RECOMMENDATION
Staff recommends the commercial developer agreement for lot 12R2 and 12R1 of
Diamond Circle Estates be placed on the November 2, 1997 Regular City Council
Agenda for City Council review and consideration.
i
CRE
Attachment: Site Plan
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' City of Southlake, Texas j
STAFF REPORT
October 31, 1997
CASE NO: ZA 97-136 PROJECT: First Reading/Ordinance No. 480-262
Rezoning and Site Plan - The Courtyard
at Timarron
i
STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743
Dennis Killough, Planner II, 481-5581, ext. 787 t
i
REQUESTED ACTION: Zoning Change on property legally described as being Lot 2,
Hall Medlin No. 1038 Addition, an addition to the City of }
Southlake, Tarrant County, Texas, according to the plat
recorded in Cabinet A, Slide 2495, Plat Records, Tarrant
County, Texas, and being approximately 4.855 acres. A Site
Plan for The Courtyard at Timarron will be considered with
this request.
LOCATION: Southeast corner of the intersection of South White Chapel
Boulevard and East Continental Boulevard.
OWNER: Westerra-Timarron, L.P.
APPLICANT: Realty Capital Corporation
CURRENT ZONING: "R-PUD" Residential Planned Unit Development District
with "C-2" Local Retail Commercial District uses.
REQUESTED ZONING: "S-P-l" Detailed Site Plan District with "0-1" Office District
uses
LAND USE CATEGORY: Mixed Use
NO. NOTICES SENT: Fourteen (14)
RESPONSES: None
P&Z ACTION: October 23, 1997; Approved (5-0-1) subject to Site Plan
Review Summary No. 1, dated October 17, 1997, deleting
Items 44a and 44b (parking requirements) to allow a ratio of
one (1)parking space per every 275 s.f. of building floor area
and not to exceed 33% medical uses.
'OA -
' City of Southlake, Texas
STAFF COMMENTS: The applicant has met all requirements of Site Plan Review
Summary No. 1 dated October 17, 1997, with the exception
of those items listed in the attached Site Plan Review
Summary No. 2 dated October 31, 1997.
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City of Southlake,Texas
SITE PLAN REVIEW SUMMARY
ase No.: ZA 97-136 Review No: Two Date of Review: 10/31/97
Project Name: Site Plan-for "S-P-1" Zoning w/110-1" uses -The Courtyard at Timarron.Lot 2,Haal
Medlin No. 1038 Addition
APPLICANT: SURVEYOR:
Realty Capital Comoration CnK Associates Inc.
2425 E. Southlake Blvd._ Suite 150 2045 N. Higlwav No. 360, Suite 160
Southlake.Texas 76092 Grand Prairie. Texas 75050
Phone : (817)4884200 Phone : (817) 640-0100
Fax : (817) 488-5257 Attn: Richard Myers Fax : (817) 633-3309 Attn: Khit
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10 / AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE 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.
1. The following changes are needed with regard to adjacent property information:
a. Correct the zoning for the properties at the northeast and northwest corners of Continental
Blvd. and White Chapel Blvd.to SF-IA and SF-20A respectively.
b. Show and label all adjacent properties within 200'with the owner's name.
C. Label Lot 1, Hall Medlin No. 1038 Addition, Cabinet A, Slide 2495.
2. The following changes are needed with regard to bufferyards and/or interior landscape:
a. Provide a 5'Type'A'Bufferyard along the northwesterly property lines adjacent to Lot 1 Hall
Medlin Addition. Include these bufferyards and planting calculation in the Bufferyard
Calculation Chart.
b. Please enlarge the print for the bufferyard and interior landscape chart to improve readability.
C. Correct the required interior landscape area and plantings as follows: Required Area= 14,925
sf, Req'd Area @ front & sides 75% (11,194 sf), Req'd Canopy Trees = 25, Req'd Accent
Trees= 50, Req'd Shrubs=249, Req'd Ground Cover 1493 sf. Also,verify and include the
amounts to be provided in the chart.
* Please be aware that plant locations shown on this plan are conceptual and may change upon
detailed review of the landscape plan for this development.
Correct the rear (south) building setback line. The minimum setback permitted under the "C-2"
district regulations (and "O-1") is 25'. A 15' building line is shown.
City of Southlake,Texas
1. The following changes are needed with regard to site data provided:
i
a. The required parking ratio for general office is 1 space per 300 sf of floor area and the required
ratio for medical/dental is 1 space per 150'sf of floor area with 8 spaces provided for the first
1000 sf. The applicant has requested a reduction in parking ratio to 1 space per 275 sf for all
permitted uses. The required parking based on required ratio with a maximum of 15,000 sf
of medical/dental use is 204 spaces. The applicant proposes 163 spaces.
b. Correct the maximum building height. The maximum building height is measured by UBC
standard which appears to be approximately 30' for the proposed two story buildings. The
maximum permitted height is 35'UBC standard measurement.
5. The summary chart showing all variances should also include any proposed deviations from the
permitted uses and/or development regulations of the zoning district(i.e. elimination or addition of
permitted uses, increases or decreases in building setbacks,maximum height,etc.).
* The applicant should be aware that new submittals for the next scheduled meeting must be received
at the Cif, 5y :00 PM on 11/10197. 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 an 11"x 17'
revised reduction must be provided.
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* The applicant should be aware that prior to issuance of a building permit a Plat must be processed and
filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and
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.
* Protected trees cannot be removed outside of 12' from the proposed building without processing a
Tree Removal Permit or without approval by the Planning and Zoning Commission. Cuts or fills
greater than 4 inches within the limits of the critical root zone of protected trees are not permitted
unless adequate construction methods are approved by the Landscape Administrator.
* Denotes Informational Comment
cc: Realty Capital Corporation, CnK Associates Inc.
L:\WP-FILES\RJEV\97\97136SP2.WPD
(toe CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-262
AN ORDNANCE AMENDING ORDNANCE NO. 480, AS
AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 4.855'
ACRES, LEGALLY DESCRIBED AS LOT 2, HALL MEDLIN
NO. 1038 ADDITION, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "R-PUD"RESIDENTIAL
PLANNED UNIT DEVELOPMENT DISTRICT WITH "C-2'" j
LOCAL.-RETAIL'COMMERCIAL DISTRICT USES TO "S-P 1'1
DETAILED SITE PLAN DISTRICT WITH "0-1" DISTRICT
USES, SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED N 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; PROVIDNG 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 N THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS,the hereinafter described property is currently zoned as "R-PUD"Residential
Planned Unit Development District with"C-2" Local Retail Commercial District uses=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
V �10
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:
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,
(aw, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed
and amended as shown and described below:
Being 4.855, legally described as Lot 2, Hall Medlin No.1038 Addition and more
fully and completely described in Exhibit "A" attached hereto and incorporated
herein, from "R-PUD"Residential Planned Unit Development District with"C-211
Local Retail Commercial District uses to "S-P-1 Detailed Site Plan District with
"O-l" District uses, as depicted on the approved Site Pan 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,
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
(We refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall
9h-c2
1
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
Section 8. All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to
such accrued violations and all pending litigation,both civil and criminal, whether pending in court
or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
Section 9. The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any
of its provisions,then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13
of the Charter of the City of Southlake. -
Section 10. This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1 st reading the day of , 1995.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1995.
MAYOR
ATTEST:
8h - c3
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
SAS- Iq
EXHIBIT "A"
BEGINNING AT A 5/8" IRON ROD FOUND FOR THE NORTHWEST CORNER OF COMMON
GREEN 3 OF THE FINAL PLAT OF TIMARRON PHASE ONE SECTION TWO BENT CREEK. AN
ADDITION TO THE CITY OF SOUTHLAKE RECORDED IN CABINET a SLIDE 1015 P.R.T.C.T.;
THENCE S 00'31'32" W. ALONG THE WEST LINE OF SAID COMMON.-GREEN 3. A
DISTANCE OF 404.28 FEET TO A 5/8" IRON FOUND FOR THE SOUTHWEST CORNER OF
SAID COMMON GREEN 3, SAID POINT BEING IN THE NORTH LINE OF BLOCK 6 OF SAID
TIMARRON PHASE ONE SECTION TWO;
THENCE ALONG THE NORTH LINE OF SAID BLOCK 6, THE FOLLOWING FOUR COURSES
AND DISTANCES;
N 8728'01" W. A DISTANCE OF 31.47 FEET TO A 5/8" IRON ROD FOUND;
S 8823'28" W. A DISTANCE OF 115.09 FEET TO A 5/8" IRON ROD FOUND;
S 00'38'50" W. A DISTANCE OF 5.00 FEET TO A 5/8" IRON ROD FOUND;
N 89'44'48" W. A DISTANCE OF 420.15 FEET TO A 5/8" IRON ROD CAPPED
"CARTER & BURGESS" SET IN THE EAST RIGHT—OF—WAY LINE OF SOUTH
WHITE CHAPEL BOULEVARD (VARIABLE WIDTH R.O.W.);
THENCE ALONG SAID EAST RIGHT—OF—WAY LINE, ALONG A CURVE TO THE RIGHT HAVING
A RADIUS OF 988.00 FEET. A DELTA ANGLE OF 24 32'06", A.LONG CHORD THAT BEARS
(00" N 21'37'09" E A DISTANCE OF 419.85 FEET, AN ARC DISTANCE OF 423.08 FEET TO A
5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR THE SOUTHWEST CORNER OF
LOT 1 OF SAID LOT 1 & LOT 2 HALL MEDLIN NO. 1038 ADDITION;
THENCE S 89'44'48" E. ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 123.56
FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR THE SOUTHEAST
CORNER OF SAID LOT 1;
THENCE N 00'15'12" E. ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 77.1.6
FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS"r;SET FOR THE NORTHEAST
CORNER OF LOT 1. SAID POINT BEING IN THE SOUTH RIGHT�.OF—WAY LINE OF EAST
CONTINENTAL BOULEVARD (VARIABLE WIDTH R.O.W.);
THENCE ALONG SAID SOUTH RIGHT—OF—WAY LINE, THE FOLLOWING TWO COURSES AND
DISTANCES;
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF .774.50 FEET. A DELTA
ANGLE OF 11'43'10 , A LONG CHORD THAT BEARS S 78746'00" E A
DISTANCE OF 158.14 FEET, AN ARC DISTANCE OF 158.42 FEET TO -A 5/8"
IRON ROD CAPPED "CARTER & BURGESS". SET FOR c10RNER;
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 825.50 FEET, A DELTA
ANGLE OF 09'42'08", A LONG CHORD THAT BEARS S 7745'29" E A
DISTANCE OF 139.62 FEET, AN ARC DISTANCE OF:139.79 FEET TO 'THE
POINT OF BEGINNING, AND CONTAINING 4.855 ACRES OF LAND, MORE -OR- ``
LESS.
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City of Southlake, Texas
STAFF REPORT
October 31, 1997
CASE NO: ZA 97-139 PROJECT: Plat Showing/Lots 3 & 4, Thomas Easter No 474
Addition
STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787
i
REQUESTED ACTION: Plat Showing of Lots 3 & 4, Thomas Easter No. 474 Addition on
property legally described as being approximately 7.237 acres
situated in the Thomas Easter Survey, Abstract No. 474, and being
Tract 3A.
LOCATION: South side of East Southlake Boulevard(F.M. 1709)and immediately
east of Crooked Lane.
OWNER/APPLICANT: Southlake Properties, Inc.
CURRENT ZONING: "S-P-2" Generalized Site Plan District with "C-2" Local Retail
Commercial District and limited "I-1" Light Industrial District uses.
LAND USE CATEGORY: Mixed Use
CORRIDOR
RECOMMENDATION: Retail Commercial
NO. NOTICES SENT: Ten (10)
RESPONSES: One (1) response was received within the 200' notification area:
Catherine A. Jurgensen, 4138 Willow Grove Road, Southlake,
Texas, in favor.
P&Z ACTION: October 23, 1997; Approved (5-0-1) subject to Plat Review
Summary No. 1, dated October 17, 1997.
STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated October 17, 1997.
L:\WP-FILES\MEMO\97CASES\97-139PS.WPD
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City of Southlake,Texas
PLAT REVIEW SUMMARY
e No: ZA 97-139 Review No: One Date of Review: 10/17/97
Project Name: Plat Showing. Lot 3 and 4.Thomas Easter No. 474 Addition.being 7.237 acres out of the
Thomas Easter Survev. Abstract No. 474
APPLICANT: SURVEYOR:
Southlake Properties. Inc. Alan Ward Surveying Co.
930 Parkview Lane P.O. Box 821327
Sou lake.TX 76092 Fort Worth. TX 76182
Phone: (817)329-4599 Phone: (812) 834-0897
817) Fax: _ (817) 834-0940
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/29/97 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787.
1. Place the City case number"ZA 97-139" in the lower right-hand corner of the plat.
2. Add a date line to the end of the courthouse filing note above the title block.
Provide the standard approval blocks for P&Z and City Council on the plat per appendix 9.
4. The following changes are needed with regard to adjacent properties within 200'to include properties
across any adjacent R.O.W.:
a. Show and label the name of the record owner&corresponding deed record(volume&page)
for all unplatted tracts across FM 1709 and across Crooked Lane within 200 feet of this
property.
5. Add the following notes to the face of the plat:
a. Avigation easement and release per Appendix 3.
6. The following changes are needed with regard to the legal description:
a. The plat record reference for the POB does not match the references shown on the face of the
plat.
b, Show and label all property corners as to type and size of monuments and whether found or
set. (Also note the legal description does not match the graphic as to found or set for the
northwest comer monument.)
City of Southlake,Texas
7. The following changes are needed with regard to easements:
a. Delete the"Fire Lane"from the face of the plat.
b. Show and label common access easements from Lot 3 to the existing drive east of the property
in accordance with the approved Concept Plan or Site Plan.
8. The following changes are needed regarding the proposed lotting:
a. The following lots are missing lot dimensions: North line of Lots 3 and 4.
* A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing
this plat in the County records.
* The signed "Avigation Easement" with metes and bounds description must be submitted separately
in addition to the plat prior to filing this plat in the County records.
* Please submit a revised blueline "check print" prior to submitting blackline mylars with original
signatures.
* Original signatures and seals will be required three blackline mylars prior to filing the plat. Also
required are two sets of owner's dedications and notaries (8.5" x 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 new submittals for the next scheduled meeting must be received
at the City by 5:00 PM on 10/27/97. 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 an 11"x 17"
revised reduction must be provided.
* Denotes Informational Comment
cc: Southlake Properties, Inc.
Alan Ward Surveying Co.
J.E. Levitt Engineers,Inc.
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City of Southlake, Texas
STAFF REPORT
October 31, 1997
CASE NO: ZA 97-140 PROJECT: Plat Showing/Lots 6 & 7, T.M. Hood No
706 Addition
STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787
REQUESTED ACTION: Plat Showing of Lots 6&7,T.M. Hood No. 706 Addition,on
property legally described as being approximately 9.81 acres
situated in the Thomas M. Hood Survey, Abstract No. 706,
and being Tract 8A.
LOCATION: 503 W. Highland Street, approximately 400' east of the
intersection of Shady Oaks Drive and West Highland Street.
OWNERS: J. Randall & Terri G. Keene
APPLICANT: Hughes & Associates
CURRENT ZONING: "SF-IA" Single Family Residential District
LAND USE CATEGORY: Low Density Residential
NO. NOTICES SENT: Eleven (11)
RESPONSES: None
P&Z ACTION: October 23, 1997; Approved (6-0) subject to Plat Review
Summary No. 1 dated October 17, 1997.
STAFF COMMENTS: The applicant has met all requirements of Plat Review
Summary No. 1, dated October 17, 1997, with the exception
of those items listed in the attached Plat Review Summary
No. 2, dated October 31, 1997.
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City of Southlake,Texas
PLAT REVIEW SUMMARY
ase No.: ZA 97-140 Review No: Two Date of Review: 10/31/97
Project Name:Plat Showing,Lots 6& 7,T.M.Hood No. 706 Addition, being 9.81 acres out of the T.M.
Hood Survey,Abstract No.706
APPLICANT: SURVEYOR:
J. Randall and Terry G.Keene Hughes&Associates
200 Brazos Drive 5750 Rufe Snow Drive, Suite 170
Southlake,Texas 76092 Fort Worth.Texas 76180
Phone: ( Phone : (812)498-3511
Fax : ( l Fax : ( 1
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/27/97 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE 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.
I. The following changes are needed with regard to adjacent properties within 200'to include properties
across any adjacent ROW:
a. Label the corresponding deed record(volume&page)for all unplatted tracts across Highland
Street east of Arnold Estates.
b. Show and label the existing drainage and utility easements for CISD No. 1 Addition within
200' of this property.
2. The following change is needed regarding the proposed lotting:
a. Provide a minimum finish floor elevation on Lot 6.
* A"Certificate of Taxes Paid" from each taxing authority must be provided to the City prior to filing
this plat tin the County records.
* Please submit a revised blueline "check print" prior to submitting blackline mylars with original
signatures.
* Original signatures and seals will be required on three blackline mylars prior to filing the plat. Also
required are two sets of owner's dedications and notaries (8.5" x l l" 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.
* Denotes Informational Comment
J. Randall and Terri G. Keene
Hughes & Associates, Surveyors
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