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1997-11-18 CC Packetk t-'IL / UI aUUU11d11C, 1 VXd5 a November 14, 1997 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting, November 18, 1997 1. Agenda Item No. 5A Award of bid for the installation of sanitary sewer in Huntwick Estates. As noted in the memo from Bob Whitehead, Director of Public Works, award of this bid will allow us to move forward with another phase of the neighborhood sewer program, and will also allow the elimination of a sanitary sewer lift station at Carroll Middle School. Although the bid amount is more than budgeted in the 1997-98 CIP budget, there are additional funds available in the bond fund. We will be holding a work session in the near future to see what direction we need to be taking in resolving some of the problems we are experiencing with the level of participation in these projects, but we recommend we proceed as planned in this instance because of prior representations/commitments we have made. If you have any further questions, contact Bob at ext. 740 or Lou Ann Heath at ext. 716. 2. Agenda Item No. 5B. Award of bid for the installation of a 24-inch water line along N. to the water tower located at West Dove Street and N. White Chanel Boulevard. Since Tarrant County has plans to improve N. White Chapel Boulevard, it is best to install the water line before that work begins. As noted in the memo from Bob Whitehead, several S Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 Page 2 alternatives were considered. It is staff's recommendation, based on the bids received, to go with the concrete pipe and compacted native soil in the trench and award the bid to the low bidder, Atkins Brothers Equipment Co. The water line will be laid under the pavement. The low bid is within the budgeted amount. If you have any further questions, contact Bob at ext. 740. We aesign of Keconstruction to Brumlow Avenue As noted in the memo from Bob Whitehead, this agreement fulfills a portion of the City's interlocal agreement with the County for the reconstruction of Brumlow Ave. In the interlocal agreement, the City committed to provide construction materials, plans, and surveying, and Tarrant County agreed to provide the labor to construct the load. The cost for the surveying and engineering plans that Carter & Burgess will provide is $18,900.00. As noted by Bob Whitehead, the City will save approximately 30 percent on this project by partnering with the County. Contact Bob at ext. 740 if you have any questions. Wyndsor Creek. Phase II. This is a standard developer agreement and there are no unresolved issues with this agreement. As an aside, this agreement and the next one represent the first developers' agreements which incorporate the Park Board's new park credit fees worksheets. You will see examples of their formulae in the memos from Kim Lenoir, Parks Director. 5. Agenda Item No 5E Authorize the Mayor to enter into a developer agreement for Timarron Village J. Phase I. There are no unresolved issues with this agreement. 41 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 Page 3 6. Agenda Item No. 5F. Authorize the Mayor to execute a contract with Dunaway and Associates for the desi2n of Vifite Chapel Boulevard. This project has been moved up on the CIP plan due to our commitment to improve West Dove Street in conjunction with Maguire Partners' development. The project will also align West Dove at North White Chapel with East Dove Street. There are no unresolved issues with this contract. 7. Agenda Item No. 5G. Authorization to advertise for bids for fencing at Bob Tones Park; and Agenda Item No 5H Authorization to advertise for bids for paving at Bob Jones Park. These items will be considered by SPDC at their meeting on Monday. They are part of the current phase of construction at Bob Jones Park. 8. Agenda Item No 5I Resolution No 97-71. A resolution of the City Council canvassing the results of the November 4. 1997 Special Election. This resolution has been requested by the state Comptrollers office. It simply declares the results of the election, and mirrors the resolution passed by the Temporary Board of Directors on November 10. 9. Agenda Item No. 5J. Authorize the Mayor to execute a lease agreement with Nextel Communications to place an antenna on the Bicentennial Park water tower. There are no unresolved issues with this lease agreement. The changes to the standard agreement requested by NEXTEL are acceptable to staff. Primeco and Sprint already have- antennas on the Bicentennial Park water tower. If you have any questions, contact Public Works Director Bob Whitehead at ext. 740. 10. Agenda Item 7A. Ordinance No. 572-A, 2nd reading. amendment to the 1991 Edition of the Uniform Fire Code. This item was originally presented to Council on October 21. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 t% , Page 4 The proposed amendment requires all commercial buildings have sprinklers when the square footage exceeds 6,000 square feet of floor area. Residential one and two family homes are excepted and will not be required to have sprinklers at this time. However, this issue may be addressed when Council considers adopting the Uniform Fire Code later this year. As requested by the Mayor, Deputy Director Wilson did meet with several developers to discuss issues relevant to sprinkler systems and fire suppression. The meeting was productive, and a second meeting is scheduled to be held on November 17 to further discuss these issues. Please contact Garland Wilson at ext. 735 if you have questions regarding this amendment or the associated Uniform Building Code MIT the Uniform Building Code. This amendment is parallel to the modification to the Uniform Fire Code described in the previous item. 12. Agenda Item No. 7C. 2nd Reading Ordinance No 480-262 ZA 97-136 Rezoning and Site Plan for the Courtyard at Timarron. The applicant has requested that this item be tabled to December 16, 1997. This is as we discussed previously. Please call Community Development Director Greg Last at ext. 750 or Zoning Administrator Karen Gandy at ext. 743 if you have any questions concerning this item. 13. Agenda Item No 8A lst Reading Ordinance No 480-263, ZA 97-143 Rezoning and Site Plan for Lot 4R, Block B. North Davis Business Park Addition. The improvements shown on this site plan are currently existing facilities. The site plan was required as part of the SP-1 rezoning request which the applicant needed to process in order to include "Limited B-2" uses. The applicant has listed the desired uses (Staff Report under "Requested Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 Page 5 14. Zoning"), however the recommendation for approval (7-0) by the Planning and Zoning Commission eliminated all requested B-2 uses with the exception of auto painting facilities and automobile body shops. The applicant's request before Council still includes the originally requested uses although the applicant at the P&Z meeting did state that they were OK with the elimination of the uses as recommended by P&Z. Feel free to contact Dennis Killough or Karen Gandy regarding this request. Prevention District. As noted in the memo from Assistant City Manager Shana Yelverton, the purpose of this ordinance is to levy the half -cent sales tax on behalf of the Southlake Crime Control and Prevention District. Please let me or Shana know if you have any questions about this item. 15. Agenda Item No 8C Ordinance No 689 1 t Reading. Repealing the sales tax exemption on telecommunications services. As noted in Shana's memo, this ordinance will repeal the exemption for all sales taxes, including the one -percent general use sales tax, the half -cent sales tax for parks and the crime control district tax. 16. Agenda Item No. 8D. Ordinance No. 684. 1st Reading. Standards of Care for elementarv- age recreation programs. As discussed before, this item is brought forward to meet state statute requirements that require us to annually adopt, by ordinance, standards of care for elementary -age recreation programs. The Parks Board had reviewed the ordinance and recommended some things that were beyond the minimum requirements of the state, such as the staff /student ratio. As noted in the memo from Parks Director Kim Lenoir, although it is always our goal to exceed the state standard in staff/student ratio, we must also be careful in what we put into the ordinance. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 Page 6 Since we do not need to meet the same requirements as private day care providers, we need to ensure that we examine the potential impacts of exceeding minimum requirements. For example, the state mandates a staff/student ratio of 1:20, but note that the Park Board has recommended a 1:10 staff/student ratio. This is a budgetary decision that you must consider if we adopt a stricter standard than is required. If you have any further questions, contact Kim Lenoir at ext. 757. the Tax Increment Reinvestment Zone Number One City of Southlake As most of you are aware, CISD has requested that the Reinvestment Zone boundaries be expanded to include several potential school sites. In several discussions staff has had with the County's overlapping taxing jurisdictions, they did not raise any objections to the request. As you will note, the ordinance itself remains essentially unchanged. The exhibits are the only sections which are substantially altered. The Project and Finance Plan (Exhibit A) will be modified to include the additional school projects. This information was not available prior to preparing the packet, but will be incorporated in the previous project and finance plan received by Council on September 23. The revised plan will be distributed to Council on Tuesday. A legal description and map are being prepared by Cheatham and Associates and will also be available on Tuesday. A sketch has been included with the ordinance depicting the proposed boundaries that CISD has requested. It is still subject to additional modifications. im Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 Page 7 There has been concern raised by a few Councilmembers regarding the "loaning" of sales tax dollars within the Reinvestment Zone to alleviate the cash flow deficit in the first few years. Our Financial Advisor Jim Sabonis has investigated alternatives which may permit the City to avoid this need to restructure the debt so that no sales tax contribution will be required. Jim will have the numbers for us on Monday and we will present them to you at the Council Meeting. CISD Board President Buddy Luce has requested a joint work -session to be held next Wednesday at 6:30 p.m. in Council Chambers. Mayor Stacy and Mr. Luce anticipate this meeting will provide an opportunity for Councilmembers and the CISD Board to discuss the Reinvestment Zone and more specifically, CISD's participation agreement. CISD expects four Board Members to attend. CISD and the City have posted the meeting. Hopefully most of you will be able to attend. (See the notice in your packet.) fill an unexpired term. Larry Goldstein submitted his formal resignation from the Park Board on November 10. The City Secretary has provided the four applications which have been received this year for Park Board positions. All of the applicants have provided phone numbers, so please contact them directly if you have any questions regarding their applications. If need, Sandy can readervitise for applicants, or you may have others in mind. ��\�•�': • • • • • ••• t • • :•. • • Directors of the Crime Control and Prevention District. Your packet contains a resolution for the appointment of members to the Southlake Crime Control and Prevention Board of Directors, and a memo from Assistant City Manager Shana Yelverton describing the qualifications for the members. As discussed in her memo, we will be able to move Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 Page 8 forward with sales tax collections even if the Council does not appoint members at the November 18 meeting, however, there are compelling reasons for the board to begin its work as soon as possible. 20. Agenda Item No. 10A. Professional Services Agreement for Tong Range Financial Plan For several years we have talked about the need for a long range financial plan for the City. As mentioned in the packet memo from Director of Finance Lou Ann Heath, we have had key elements of the long range financial plan for several years -- those pertaining to water, wastewater, and roadways. We provided funds in the current FY 97-98 budget (105.230 professional services) to do the plan. Given the need for facilities and other programs and services, we need to have the model for the plan in place as we begin the FY 98-99 budget process. Please contact me or Lou Ann if you have questions concerning this item. 21. Agenda Item IOB Award of bid for slurrx grouting of pipe bedding at Timarron The memo from Bob Whitehead outlines the history of the City's attempt to remedy the street failures in Timarron. The most recent request of Council was to bid the first phase, Creekway Bend, for slurry grouting only. The lowest bidder was Denver Grouting with a total bid amount of $153, 013.61. There was some confusion among the bidders concerning alternates #1 and #2 as to the representation of costs for the additional phases of the project. City Attorneys have recommended that Council may award a bid for the base bid (Creekway Bend) since the bids are comparable. However, alternatives #1 and #2 should be rebid if Council wants to do these streets at this time. Contact Bob Whitehead at ext. 740 if you have questions regarding this bid. 22. Agenda Item 10C Requested variance to Sign Ordinance No 506-B for Carroll Independent School District. This item was tabled by Council at their October 21st Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 Page 9 meeting requesting that the applicant attempt to reduce the number of variances required. Chief Building Official Paul Ward and Plans Examiner Chuck Bloomberg met with Dr. Daniel Presley, Principal of Carroll High School, and attempted to address several of Council's concerns. Dr. Presley has agreed to a sign that is double -poled with masonry cladding rather than a single, metal pole. The height of the sign has also been reduced from 24 feet to 20 feet which is permitted under the sign ordinance. The Principal felt that he could not accommodate Council's request for a monument sign, citing concerns about vandalism, and given what recently happened to the "championship" sign, I see his point. Council is still being asked to consider three variances to the sign ordinance. These are: allowing an "off -premises" sign (for the corporate sponsor advertisements), permitting a "freestanding sign", and to allow the readerboard. A drawing of the proposed sign is attached to the memo from Bob Whitehead. A representative from the school will be present Tuesday to answer any questions you may have. 23. Agenda Item No. 11A. Future Roadway Extension of Graphics Drive (proposed in Cornerstone Business Park) from Crooked Lane to FM 1709 As outlined in the memo from Greg Last, we have received a request from Richard Myers for a roadway connection between Crooked Lane and FM 1709. We would like to bring this before you as a discussion item regarding your interest in pursuing this new roadway. Should you have an interest, it is our recommendation that we coordinate a meeting with the affected property owners and make sure that the alignments work for all parties. We have not had -any time to evaluate alternatives in any detail. Contact Greg or Bob should you have any questions on this proposed roadway alignment. 24. Agenda Item No. 11B. Discussion of SH 114 Status. This afternoon we received a call from TxDOT Fort Worth District requesting a meeting to discuss some "policy decisions" 0 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 �w Page 1 o concerning the Dove Road interchange. Public Works Director Bob Whitehead and I will be meeting with the Fort Worth staff next Monday morning, November 17, at 11:00 a.m. Not knowing the nature of what they want to talk about, I have placed this item on the agenda in case we need to brief you on something. OTHER ITEMS OF INTEREST 25. Update on Library. There has been considerable media attention lately concerning the library issue. (See attached newspaper articles.) It was the number one priority identified at the SPIN Summit; I will be meeting with the SPIN Executive Committee on Monday, November 24, to bring them up-to-date on where we think we are in the process and a SPIN Summit follow up meeting has been scheduled for December 3. You will recall that on September 24 Mayor Stacy, Councilmember Harris, and I met with Mayor Bill Tate, Councilmember Sharon Spencer, and City Manager Roger Nelson of Grapevine, and Mayor Richard Newton, Councilmember Donna Arp, and City Manager Bob Stripling of Colleyville, at Grapevine to discuss the joint -library issue and the next steps to be considered in order to bring the matter before the respective City Councils. It was determined that afternoon to ask the consultant to update the numbers if needed, and get back to us in 30-40 days. We received the updated numbers this week. Hopefully, Roger, Bob and I will be able to meet sometime next week, and will schedule another meeting with the tri-city group ASAP to go over the issues prior to bringing a discussion/consider item before the respective City Councils. Regardless of which way we go (i.e., joint library or "stand-alone" library), there are considerable financial questions to be resolved, i.e., do we ask the voters to approve a general obligation bond package`? do we ask the voters to approve the use of SPDC funds? Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 Page t t how do we fund annual capital? Although it may seem to some that we have been moving too slowly, we have been moving deliberately forward. Hopefully we will soon be at some decision point for City Council. Meanwhile, let me know if you have any questions or concerns. 26. Update on Communications Tower. We are still working with both the City of Fort Worth and Denton County on possible sites for the communications tower for our 800 mhz radio system. Fort Worth is working with Motorola's engineers to see what can be done to their system to ensure coverage for us on their existing sites. Denton County is focused on a site located north of Lake Grapevine on property owned by the US Army Corps of Engineers. We are waiting on the coverage maps from Motorola to determine whether or not this site works for us. Also, we are independently of these two options, looking at the possibility of placing the 800 mhz conventional channel that we now have licensed to us on a 200 ft. tower (identical to the one now located behind City Hall) at our T.W. King site if the other options do not work for us. It appears from the coverage maps that this shorter tower could give us coverage for both the fixed and hand-held radios. We have requested DFW communications give us a cost estimate to erect our own tower should the other agencies fail to give us the coverage needed. FYI, apparently SPIN representative Cara White has contacted her neighbors to see if there would be any opposition to a communications tower on Bob Jones Park or adjacent to it on the Corps property. We have heard that only one or two residents in the area object. We will follow up on this as well. Oln Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 Page 12 27. Update on Farhat property, We are proceeding with the acquisition as authorized. We are requiring the owner provide a new survey in order to tie down the corners, and to locate an access easement granted to Marylyn Miles on the property. Recall that we mentioned to you that the appraisal was based on some 33.651 acres out of the total 37.651 acres, as being within the 572 foot elevation perpetual flowage easement, thus, leaving approximately 4 acres outside of the flowage easement. This would be sufficient for our purposes, since we are not planning to build a structure intended to be used for human habitation. Our master plan shows us building a pavilion day camp and a nature center in the general area. There are many structures we can construct within the area, such as pavilions, concession buildings, etc., that we would be allowed to build. We checked with the Corps prior to bringing the proposal to you. I bring this up because some of you have received a call from Park Board/SPDC Board member Ronnie Kendall expressing her concerns about whether or not any of the area is outside the 572 elevation. We have the December 20, 1990 survey which indicates, as pointed out above, the cited acreage inside and outside of the flowage easement. It is a good survey, but given where it is we have required the seller to provide a new survey as recommended by the appraiser. 28. Final Development Regulations For Town Center We are working through the various aspects of our developers agreement with the developers of Town Center. As noted in the memo from Community Development Director Greg Last, we thought you might want to have a copy of the final development regulations for your reference. Contact Greg Last at ext. 750 if you have any questions concerning this item. 29. New Lawsuit. Note the addition of the lawsuit filed by former police officer Maurice Robertson against the City alleging disability and age discrimination. We will discuss with City Council Tuesday night in executive session. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 Page 13 30. Drug and Alcohol Awareness Committee Update. The first meeting for the committee was held on Thursday, November 6. This initial meeting included discussion of the committee's mission, goals and objectives. The members of the committee selected Jackie Brooks -Lawrence as the Chairperson, Marty Dunbar as Vice -Chair, and Community Services Coordinator Shelli Siemer as Secretary. The committee will meet the first and third Thursday of every month at 6:00 p.m. at the Community Center. As you are probably aware, Plano has been experiencing a high number of heroin -related youth fatalities from drug overdoses this past year (10). It has received wide -spread media coverage. A community -wide forum sponsored by the Plano Police Department last night had over 1300 parents, teens, community leaders, and other concerned individuals in attendance. There have also been some deaths in the Northeast Tarrant County area. It is not inconceivable for Southlake to be in this same situation and simply underscores the need to address the problem proactively before a tragedy occurs. 31. Criminal History Policy, Refer to the attached memo from Assistant City Manager Shana Yelverton describing our current activity on this issue. If you have any questions, contact Shana at ext. 705. She will return to work full-time next week. Yea! 32. United Way Final Report. The money has been counted and the employees of the City of Southlake tipped the scales with their contributions. The City's goal this year for its United Way Campaign was $13,500, and as of Monday, November 11, the contributions totaled $14,406.64. 94 employees made contributions through payroll deduction or one- time contributions. This does not count the contributions made at the BBQ. Over $1,300 was raised at the BBQ and auction alone. Everyone's support and participation made this possible. um Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 Page 14 A big thanks goes to the United Way committee, our all night cookers, and the sponsors that provided the raffle and auction items. 33. SPIN Neighborhood Meeting with Proposed Personal Care Facility Developer. On Tuesday, November 11, a SPIN/Developer meeting was held at the office/home of Mr. and Mrs. Owens at 800 W. Southlake Blvd. This meeting was to present the site plan drawing for Remington Retirement Community, developed by Lifestyles, Inc., Southlake Texas, and managed by Southwest Senior Care, Inc., Colleyville Texas. The Phase One section proposed 20 villas, a 60 unit assisted living residence and 30 nursing suites. Phase Two will be an 80-unit Retirement residence with full service amenities. The design was well received by the 26 residents who attended. The density is (11) dwelling units per acre (recall our multi -family requirement is no more than 12/acre) and the estimated cost is between 14 and 18 million dollars. 34. Micro -paver Classes. As you probably know, we have been working with the SPIN representatives to recruit volunteers to assist the Public Works Department with assessing and indexing street pavement failure for inclusion in the pavement management system database. Public Works Administrative Assistant Chuck Ewings will conduct the first class on Saturday, November 22 at 10:00 a.m. If you would like more information regarding this program, contact Bob Whitehead at ext. 740 or Chuck at ext. 773. 35. Westlake - Court of Appeals Ruling. As you are likely aware, on Thursday November 6, the Second District Court of Appeals issued their ruling on the quo warranto action. Reversing the decision of the lower court, they declared that Dale White was (and is) the legitimate Mayor of Westlake. Significant legislative and judicial documentation was cited supporting the method by which Bradley was removed from office. The case is now being appealed to the Texas Supreme Court - who may or may not choose to hear the case. The Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 Page 15 City Attorney will provide an update on all of the Westlake proceedings during Executive Session. 36. Land Use Plan Update. The Planning and Zoning Commission completed review of the final Study Area "G" this past Thursday evening (11-13-97). Attached hereto is the anticipated schedule for finalization of the LUP update. Note that we are scheduling a joint CC/P&Z meeting for January 15 at which time we will have a briefing by the city attorney during executive session at approximately 5:30, and at approximately 7:00 p.m. begin a joint work session on the LUP'update as recommended by the P&Z. Feel free to contact Greg Last or Chris Carpenter (ext. 866) if you have any questions regarding the 97 LUP update. 37. Tree Preservation Ordinance Update. The Planning and Zoning Commission will review the Tree Preservation Ordinance again at its meeting on 11-20-97. It is our anticipation that the commission will vote on the ordinance at this meeting which would place the ordinance on your December 2, 1997 meeting. If you have any questions, feel free to contact Greg Last regarding the progress of this item. 38. Economic Development. Following are several items related to economic development activities that you may be interested in. Feel free to contact Greg Last or Kate Barlow (x776) if you would like any additional information on these items. The Economic Development Staff developed a "satisfaction survey" for the Southlake Chamber of Commerce. The survey was mailed by the Chamber of Commerce as a part of their newsletter to approximately 581 members and at this time there were only six responses. Although the response is very weak, the findings in the summary may be of interest to you. The compilation of the survey results are attached to my memo. 0 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 ,,. Page 16 The Economic Development Staff participated in the November 14 Northeast Leadership Forum sponsored Heart of North Texas Business Conference by joining Southlake Chamber of Commerce staff and possibly CISD staff in a Southlake booth. The Economic Development staff will be giving a tour to the real estate reporter of The Business Press on November 21. 39. Miscellaneous Item: Greg Last was recently appointed chairman of the "Urban Design Network" for the State Chapter of the American Planning Association. The network is a division of the state APA chapter and is responsible for providing research and education on various areas of urban design. Greg recently made a presentation to the state APA conference on Southlake's building articulation requirements and the benefits received from this innovative program. 40. Clean Cities 2000. Southlake has been accepted as a Clean City 2000 by the Texas Natural Resource Conservation Commission (TNRCC). Southlake will now join 76 other communities statewide that have made the commitment to reduce the volume of waste being sent to landfills and to protect the air, land, and water quality of our state. In honor of Southlake's selection, the chairman of the TNRCC will attend Southlake's Texas Recycles Day Event at Home Depot, Saturday, November 15. At 3:30 Chairman Barry McBee will present the City with a city limits road sign declaring Southlake's participation in the Clean Cities 2000 program. Please come to Home Depot at 3:00 p.m. on Saturday to welcome the Commissioner to Southlake. VAW G Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 14, 1997 Page 17 • Since I will be at the meeting with TxDOT on Monday, November 17, Assistant City Manager Shana Yelverton will be available to conduct the City Council briefing from staff, if needed. Please let her know if you would like additional staff at the meeting. • The group reviewing the sidewalk ordinance will be meeting again on Tuesday, November 18. We anticipate bringing forth to City Council the ordinance for discussion during the first meeting in December. � �;� city manager's report November 14, 1997 Thanks a million to our local contributors and wonderful volunteers! Over the past two weeks there has been significant progress with the Senior Center Renovation project. Five local companies teamed together to complete the concrete work: Farrier Concrete Construction, Mid Cities Ready Mix, Ready Cable, Inc., Tri-Steel and Alliance Materials. This week Humphrey and Associates has devoted a team of employees to the electrical work. Humphrey and Associates have also obtained donated materials from their suppliers to contribute to this project. Faithful volunteers continue to donate their time and resources to this project. Together, we are making great progress toward an activity center for Southlake seniors. Micro PAVER Class +,November 22, 1997 10:00 a.m. Council Chamber Call Chuck Ewings ext. 773 for more information. City Council Action November 18, 1997 The following items will be addressed at the regular City Council meeting on November 18, 1997 Lonsent Agenaa• A) Award of bid for sewer installation in Huntwick Estates B) Award of bid for installation of 24 inch water line along N. White Chapel C) A contract for the design of reconstruction of Brumlow Avenue D) Developer agreement for Wyndsor Creek, Phase II E) Developer agreement for Timarron Village J F) Execute a contract for design of the reconstruction of West Dove Street G) Authorization to advertise for bids for fencing at Bob Jones Park IT) Authorization to advertise for bids for paving at Bob Jones Park 1) Res. No. 97-71 Canvassing the results of the November 4, 1997 election .n A lease agreement to place an antenna on the Bicentennial Park water tower Ordinances,_ second readings, public hearings, and related items: A) Ord. No. 572-A, Amendment to the 1991 Uniform Fire Code B) Ord. No. 619-A, Amendment to the 1994 Uniform Building Code C) Ord. No. 480-262, Rezoning and Site Plan for the Courtyard at Timarron at the S.E. comer of White Chapel Blvd. and Continental (#9) Ordinances, first readings, and related items: A) Ord. 480-263, Rezoning and Site Plan for Lot 4R, Block B, N. Davis Business Park. (#16) B) Ord. No. 688, Adopting and levying a sales and use tax for the purpose of financing the operation of the Southlake Crime Control and Prevention District C) Ord. No. 689 Repealing the sales tax exemption on telecommunications services. D) Ord. No. 684, Standards in Care E) Ord. No. 682-A Amending the TIF Ordinance Resolutions: A) Res. No. 97-72, Appointing members to the Board of Directors of the Crime Control and Prevention District B) Res. No. 97-73, Appointment to the Parks and Recreation. Board to fill an unexpired term Other items for consideration: A) Consider the Lewis McLain Study B) Award of bid for slurry grouting of pipe bedding at Timarron (#9) C) Requested variance to the Sign Ordinance for CISD at 1501 West Southlake Blvu. Other items for discussion: A) Future roadway extension of Graphics Drive from Crooked Lane to F.M. 1709 east of Georgetown Park Office Development (#7) MEETING DATES November 17, 1997 SPDC 6:00 p.m. Council Chamber SPIN Vacancies: #3, #5, #9E, #9W, #11 7:30 p.m. White's Chapel Rm. Historical Society 7:00 p.m. Lodge November 18, 1997 City Council 7:00 p.m. Council Chamber November 19, 1997 Youth Action Commission 7:00 p.m. Lodge TIF Board Meeting 7:30 p.m. Council Chamber November 20, 1997 Planning and Zoning 7:00 p.m. Council Chamber November 22, 1997 Micro PAVER Class 10:00 a.m. Council Chamber November 24, 1997 SPIN Executive Committee 3:00 p.m. Admin. Bldg. SPIN #5, #6, #15 Meeting with the Mayor 7:00 p.m. White's Chapel Rm. SPIN #6 Sewer Update Advertisement will begin this week and bids will be opened on December 3. It is expected that the bid will be awarded at the December 16 City Council meeting and construction would begin within 6 weeks. Development Activity This information is from a working staff document. To confirm, call 481-5581 ext. 744 P&Z - November 20 Tree Preservation Ordinance 97-134 Zoning/Concept Plan, Village at Pine Forest (#11) 97-135 Preliminary Plat, Village at Pine Forest (#11) 97-141 Concept Plan, Kimball/ 1709 Add. (#7) 97-142 Plat Revision, Kimball/1709 (#7) 97-145 Final Plat, Timarron Wyndsor Grove Phase Two (#9) 97-146 Final Plat, Timarron Village J, Phase I (#9) 97-147 Final Plat, Timarron Village H (#9) 97-148 Plat Revision, Timarron Addition Brenwyck (#9) 97-149 Site Plan, Telesupport at Woodland Heights (#8) 97-150 Zoning/Site Plan, Georgetown Park (#7) 97-151 Revised Preliminary Plat, Georgetown Park (#7) 97-152 Plat Revision, Georgetown Park (#7) 97-153 Final Plat, Panorama Place May be heard on a later agenda 97-155 Zoning, Cornerstone Business Park 97-156 Preliminary Plat, Cornerstone Business Park Holiday Closing: City Offices will be closed on November 27 and 28. 11 SPIN Vacancy Updates Congratulations to Angela George and Cara White who were selected as Co - representatives for SPIN #1. Congratulations also to Wayne & June Haney who were reappointed as Representatives for SPIN #15; to Barry Friedman who was reappointed as Representative for SPIN #13; to Darrell Faglie who was reappointed as Representative for SPIN #7. SPIN #16 remains vacant New neighborhood liaisons for SPIN #7 will be: Kim & Todd Fox, Lowell and Pam Morrison, and Charlie and Marla Claffey. SPINs #3, #5, #9E, #9W, and #11 will select representatives Monday, November 17 at 7:30 p.m in the White's Chapel Room. Please come and participate in SPIN. Senior News and d Needs NEWS: Parks & Rec. has planned a Seniors Trip to the West End on Nov. 19 for only $5! You can sign up at Bicentennial Park. NEEDS: The new Senior Adult Activity Center will need a portable sound system. Can your club or organization help meet this need? Call Nona Whitehead 481-5581 ext. 834 for details. O� QM o r N M U � > > N � z z � A ca r- y N Q x O N N J QT C�>E z F� La�Qr`Rf= � Q �� z QLuuaQm oocN � ors v a.� �,aS Q N �n N _ U r z�E z=UU 'D€ C, M \ 00 � ]to-:a C E N o0 �"� J-. N NCA > v m E [ii od > O �E z�cUUpo0g�0U I? �., CIO o � .� N a E �. cn < �. c� Q M ? ¢ �, 4° E y c,� N p Ua�y s c Q F- x _ ¢ u > cn cn C W wUm00 4in E- E' z W E 3 EU E E FA z 'E ® �C 000EoEm r O, a C. c. a. ., U O ^ M (> E., .r 3 �U oa N`=�" --(V N ") l� - '� O a— U Q _ U s v A a 0 Q' 00 c C U N A W > C a w U>� U >p3 cV V zUN :, y z cEe G, W U y 0 �C) 003L o ter? 3 4n v N U s ]—r!- E E1�tij V c.E N vV VG7aU ��LyCw c (pUi/ Ucn<E aU V4`".c-m `� 0c000�� ooOQ�UxQV w Q O M l� MEWS CLIPPL 1G (r Source: Ft. Worth Star -Telegram Date: November 14, 1997 E D I T O R I A L S Library Decision ONE OF THE SUREST ways to move a project along is to set a deadline. That's exactly what is needed on the proposal to build a joint library to serve Grapevine, Colleyville and Southlake. This idea has been alive for a very long time. It was bore at least two years ago, but nobody has been willing to either feed it or kill it. Much of its life has been spent in extended sleep. Meanwhile, other ideas to build separate libraries in Colleyville and Southlake and to expand the Grapevine library are being held back. Now the joint library proposal has been revived again. City managers of the three cities met recently to discuss it, and they say they'll present a report to their respective city councils by the end of December. _ Good. The councils should hold them to that deadline. Then they should give themselves a deadline of acting on any resulting proposal — committing to the joint library or letting it go — by Feb. 1. That's not asking too much, because the background work has already been done. A consultant was hired by the three cities last year and presented findings. Committees of city residents have met and made recommendations. The biggest remaining concerns have to do with cost and location. A joint library would be bigger and offer more services than'separate facilities in the three cities, but it would cost more. And rivalries have surfaced over which city would host a joint library. These problems won't go away. It's time to either solve them or admit that they can't be solved. A solid deadline would help focus energy and thought on possible solutions. One way or the other, the joint library question should be resolved soon. 0 c u 0 Ed cd U' >' y '0 `y �. cc i. G O > •CUIj A a .2154 cc m r -Z.U. °E* U U i�•r � 3 `° � L 'u c, a�i .° v .a' °c w.�T>0 O'=�py� cdAd 0 M .0 t++ Q+ ++ a' Ri ba R V bow .0 0 4 0 y U O Q' 1 � tom. 00 I �� C4z.0 E u ��^ ccn,,con v 3 �cc �o>g°c �y 0 U .0 cd 0 y U V h v= O Iu O JD O' O a� w•0 I w {r 4) > 0 0 CIS co i� 3 0 w a) � ^ 0 �i • ° O %v^ E-4y °v�u ��e�da7 4 C R �� E. O G O C°i �C ... CA -� �r 0 cd 0. ram, Q,e cj rA a.o y �Ll S >,O 3 ?. •= 4)i V C.) z 0 Source: A NEWS CLIPPLNNG Library ta lkshould I a-k back seat to real action Another group has said it wants to see a library built. We're beginning to wonder how many such voices it. 3 takes before there is any movement toward that goal.. So far: plenty of voices, no movement. The latest came recently at the annual SPIN (Soutblake. Program for the Involvement of Neighborhoods) Summit - of Community Leader The library was gives top'piiori ty among 10 proposals discussed. Officials estimate a library would cost $3 million and be between 50,000 and 60,000 square feet. The hangup: There is still no decision about whether Southlake will build its own library or share a larger one with Colleyville and Grapevine. Colleyville residents have voted twice to spend money on a library, and Grapevine officials have recognized that their.library wild: i need to be enlarged or replaced. -: ICsaime for action to be added to the abundant libra talk. - City of Southlake, Texas November 13, 1997 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: criminal History Checks When staff began expanding parks and recreation programs in 1994, they identified the need to conduct criminal history checks on recreation instructors in order to ensure the safety of recreation program patrons. At that time, we were advised by our attorneys that state law would not permit such checks. Thus, we developed an instructor hiring policy without this provision, although we did initiate reference checks and program evaluations as part of the process to assist us in identifying potential problems with instructors. Changes in state law now allow us to conduct criminal history checks. The attached personnel policy has been developed to guide us in the administration of checks. I developed this policy with the assistance of Human Resources Director Lauren Safranek and City Attorney Debra Drayovitch. Highlights of the new policy are delineated below: • The City of Southlake has contracted with the Volunteer Center of Dallas to perform the checks. Ms. Safranek and Deputy Director of Communications John Knight will serve as Southlake's designated staff for the process. They are the only staff members who will have access to the reports, and have attended training to ensure that they interpret the reports correctly and adhere to all Volunteer Center policies. • The policy will apply to employees, employee applicants, volunteers, volunteer applicants, and contractors who will work or are working with children, the elderly, or mentally /physically disabled persons. Definitions of these groups are included in the policy. The policy provides for checks upon hiring and once a year thereafter. • We will conduct the checks, but a record may not be used as an absolute bar to employment/volunteerism. Exclusions will be established based on a justified business necessity, i.e., the seriousness of the offense, remoteness of the offense ¢ and the nature of the position sought. • Due to the confidential nature of the records, decisions regarding the use of the information will rest with the Director of Human Resources. The policy does contain a grievance procedure. The new policy will take effect immediately. We have already begun identifying affected employees, contractors and volunteers and hope to conduct all the checks on these individuals before the end of the calendar year. Please provide this information to the City Council as part of your briefing memo. I will be happy to answer any questions you or Council members may have about the policy. s� Ele City of Southlake Personnel Policies Section: Rules and Regulations Topic: Criminal History Checks Effective Date: November 19, 1997 Approved By: Revision Date: 1.0 Purpose To delineate the process for conducting state criminal history checks on potential employees, contractors and volunteers to bring a level of protection to both the City and vulnerable program participants who are -unable to protect themselves. To provide a process for utilizing criminal background check information during the hiring process and during annual criminal history checks. 2.0 Definitions 2.1 Criminal History Record Information - Information collected about a person by a criminal justice agency that consists of identifiable descriptions and notations of arrests, detentions, indictments, information, and other formal criminal charges and their dispositions. The tern does not include: -identification information, including fingerprint records, to the extent that the identification information does not indicate involvement of the person in the criminal justice system; or -driving record information maintained by the Texas Department of Public Safety. 2.2 Employee or Employee Applicant - A person who is performing, or will perform for remuneration, any service that involves the care of or access to a child (16 years old or younger), an elderly person, or a person who is mentally incompetent, mentally retarded, physically disabled, ill or incapacitated. Employee applicants are those candidates for such positions who have received a conditional offer of employment. C C Criminal History Checks Policy Page 2. Examples of an employee would include, but are not limited to, a Recreation Supervisor, Recreation Specialist, Recreation Leader, Recreation Aide, Community Services Coordinator, and Teen Court Coordinator. 2.3 Volunteer or Volunteer Applicant - A person who is performing, or will perform without remuneration, any service that involves the care of or access to a child (16 years old or younger), an elderly person, or a person who is mentally incompetent, mentally retarded, physically disabled, ill or incapacitated. Examples of a volunteer may include, but are not limited to, park volunteer, Teen Court volunteer, coaches in city -sponsored recreation programs, and city volunteers. 2.4 Contractor - Any person employed by or associated with an entity which has a contractual relationship with the City to provide any service that involves the care of or access to a child (16 years old or younger), an elderly person, or a person who is mentally incompetent, mentally retarded, physically disabled, ill or incapacitated. Examples of a contractor may include, but are not limited to, contract recreation instructors and Metroport Meals on Wheels employees. 2.5 Justified Business Necessity - The city may rescind a conditional job offer, terminate an active employee, terminate a written agreement with a contractor, or refuse services of a volunteer, provided it can demonstrate that the history shows conduct which indicates unsuitability for a particular position based on the following factors: -the nature and gravity of the conviction(s), -time passed since conviction and/or completion of the sentence, and -the nature of the job sought. This provision does not alter the City's status as an at -will employer. 3.0 Individuals Affected 3.1 Employee applicants who have received a conditional offer of employment for a position which performs a service that involves care of or access to a child (16 years old or younger), an elderly person and/or a person who is mentally incompetent, mentally retarded, physically disabled, ill or incapacitated. Criminal History Checks Policy Page 3. 3.2 Employees whose positions require the performance of a service that involves s to a child (16 ears old or younger), an elderly person and/or a care of or access y person' who is mentally incompetent, mentally retarded, physically disabled, ill or incapacitated. 3.3 Contractors who have a contractual relationship with the City to provide any service that involves the care of or access to a child (16 years old or younger), an elderly person, or a person who is mentally incompetent, mentally retarded, physically disabled, ill or incapacitated. 3.4 Volunteers or volunteer applicants who will perform or are performing without remuneration, a service that involves care of or access to a child (16 years old or younger), an elderly person and/or a person who is mentally incompetent, mentally retarded, physically disabled, ill or incapacitated. 3.5 Juvenile employees (16 years old or younger) are required to work with an employee at least 17 years old or older since juvenile records are sealed and no criminal check can be conducted. 4.0 Policy 4.1 it is the policy of the City of Sou thlake to obtain criminal background information onemployee applicants, employees, contractors, volunteers, and volunteer applicants who have signed the consent form provided by the city. This policy is intended to protect children, the elderly, or disabled persons served by city programs and to limit the City's liability. 4.2 It is the policy of the City of Southlake that arrest or conviction records may not be used as an absolute bar to employment, and that records alone will not be used to exclude persons from employment. Instead, the City must be able to establish any exclusion as a justified business f the offense and the duties of the seriousness of the offense, the remoteness o position sought shall be considered in making an employment decision. Criminal histories may not be used to discriminate against an individual because of the person's race, sex, age, disability, religion, color or national origin. 4.3 It is the policy of the City that criminal history checks will be conducted during the post offer stage for employee applicants and contractors, and annually for employees or for regularly used contractors who perform a service that involves care of or access to a child, an elderly person and/or a person who is mentally incompetent, mentally retarded, physically disabled, ill or incapacitated. Prior to beginning service as a volunteer, and annually thereafter, criminal history checks will be conducted for volunteers and volunteer applicants. Criminal History Checks Policy Page 4. 4.4 If an applicant makes a false statement or omits information relating to a prior conviction in the application, he or she will be disqualified from consideration for employment. 4.5 It is the policy of the City of Southlake to treat all criminal history information as confidential, and the city shall limit the number of people who have access to criminal history information. 4.6 The Director of Human Resources and a representative from Southlake's Department of Public Safety will attend training sessions regarding the proper analysis of criminal history transcripts received from the Texas Department of Public Safety. Access to criminal history information will be limited to those who have completed the appropriate training. 4.7 To the extent permitted by law, all records pertaining to criminal histories shall be destroyed no later than thirty (30) days after having received the inquiry response. The City of Southlak o dslarekeep destro criminal records Under no circumstanceslocked drawer until such time as the records Y will the City record in any way the information contained in the transcript. 4.8 It shall be the responsibility of the Director of Human Resources to make a final decision regarding the suitability of the employee, employee applicant, contractor, volunteer or volunteer applicant for the position. Should the Director determine that the criminal history results indicate that the employee applicant, contractor, or volunteer applicant is unsuitable for the position sought, based on a justified business necessity, the conditional offer of employment, contract or volunteer opportunity shall be rescinded. Regular employees; contractors or volunteers whose annual criminal history check provides information determined to be unsuitable for the position shall be immediately terminated from the position. This provision does not alter the City's status as an at -will employer. 4.9 While employees, employee applicants, contractors, volunteers or volunteer applicants will be permitted to review his or her criminal history record transcript during the time it is in the possession of the city, under no circumstances shall the city allow the applicant to keep or photocopy the transcript. C Criminal History Checks Policy Page 5. 5.0 Grievance Procedure 5.1 Employee applicants, contractors, and volunteer applicants who dispute the information provided on the.criminal history report, may file a written grievance with the Director of Human Resources. All complaints must be forwarded to the Director within five (5) working days of notification that the offer is being rescinded. The written grievance will be forwarded to the Volunteer Center of Dallas for their records. The individual filing the grievance will be given the opportunity to request a criminal history resolution report. 5.2 If an applicant disputes information that is on the criminal history record transcript, he or she may file a written grievance with the Director of Human Resources. All complaints must be forwarded to the Director within five (5) working days of notification that employment will not be offered. The written grievance will be forwarded to the Volunteer Center of Dallas for their records. The individual filing the grievance will be given the opportunity to request a criminal history resolution report. Employees whose employment is terminated due to the analysis of the annual criminal history check may file a grievance with the City, as specified in the City's "Employee Complaint and Grievance Procedure." Regular contractors whose contracts are terminated due to the analysis of the annual criminal history check may file a grievance with the City, as provided in the executed "Personal Services Agreement." Criminal History Checks Policy Page G. CONSENT FOR CRIMINAL BACKGROUND HISTORY CHECK AUTHORIZATION/WAIVER/INDEMNITY Each employee, employee applicant, contractor, volunteer or volunteer applicant who is to be screened must sign an authorization/waiver/indemnity form, giving approval for the City of Southlake and the Volunteer Center of Dallas to perform the criminal background search. I hereby give my permission for the City of Southlake to obtain information related to my criminal history record through the Volunteer Center of Dallas County. The criminal history record, as received from the reporting agencies, may include arrest and conviction data as well as plea bargains and deferred adjudication. I understand that this information will be used in part to determine my eligibility for an employment/contract/volunteer position with the City of Southlake. I also understand that as long as I remain an employee/contractor/volunteer with the City of Southlake, the criminal history records check may be repeated at any time. I understand that I will have an opportunity to review the criminal history and a procedure is available for clarification, if I dispute the record received. I, the undersigned, do, for myself, my heirs, executors and administrators, hereby remise, release and forever discharge and agree to indemnify the Volunteer Center of Dallas County and the City of Southlake and each of their officers, directors, employees, and agents harmless from and against any and all causes of action, suits, liabilities, costs debts and sums of money, claims and demands whatsoever, and any and all related attorneys' fees, court costs, and other expenses resulting from the investigation of my background in connection with my application to become an employee/contractor/volunteer. Last Name First Name MI Other -Names (Allies, married, maiden) Date of birth Sex Race B or W Drivers License No. State Applicant's Signature Date • 14 C To: Texas Department of Public Safety Crime Records Service From: (AGENCY THAT SUBMITTED ORIGINAL REQUEST) Subject: Criminal History Record Resolution Request The individual described below has been denied employment/licensingicertification at our agency due to a possible criminal history returned to us in response to our original name, sex, race, date of birth search submission to D.P.S. This form is a request for a no -charge fingerprint search of the D.P.S. files -to positively determine identification by fingerprints, if a record exists. Individuals must obtain fingerprint card and fingerprinting services from local law enforcement agencies (Police Dept.; Sheriff's Office) or at the Texas Department of Public Safety Headquarters in Austin, Texas. PLEASE TYPE OR PRINT LEGIBLY - FAILURE TO COMPLETE ALL INFORMATION WILL CAUSE REJECTION AND RETURN OF REQUEST Name (last, first, middle) Other Names/Alias (married, maiden) Sex Race Date of Birth (mo/day/year) Male Female Black White Other Signature of Applicant Agency Making Original Request Signature of Agency Representative and Date OPS/SIO rf on criminal history record returned to agency, if available Results of this inquiry are to be returned to: Name or Agency Name Street or P.O. Box City,State, Zip Mail this form plus completed fingerprint card to: Texas Department of Public Safety Crime Records Service Error Resolution Department P.O. Box 4143 Austin, Texas 78765-4143 If you have any questions regarding this procedure or completion of required forms, telephone DPS Crime Records Service (512)465.2216 or (512)465-2520, Monday - Friday, 8am to 5pm. CA-27 (1/95) III — 13 Approved Scenario for Land Use Plan Update and Completion Planned Meeting Option "A" Sequence Dates 11/13/97 (Off -Thursday) - Discussion of Area `H' - LUP Issues to Reconsider 12/04/97 (Regular P&Z) - Review Composite LUP Map - Confirmation of Final Text 12/11/97 (Off -Thursday) 12/18/97 (Regular P&Z) - LUP Public Hearing @ P&Z 01/08/98 (Regular P&Z) 01/15/98 (Off -Thursday) - Joint P&Z/CC Work Session (Impervious Coverage w/ City Attorney, followed by LUP)* 01/20/98 (Regular CC) - LUP Discussion Item ✓ CC 02/03/98 (Regular CC) - LUP Public Hearing @ CC * The date for this Joint Meeting has been approved by the City Attorney. It is highly recommended that this date be scheduled. Qe L:\COMDEV\WP-FILES\PROJECTS\LUP96-97\DATES4.WPD Help us improve the value of YOUR membership by completing this survey. Please return this survey by Oouthlake. r 22, 1997, to the Southlake Chamber of Commerce. FAX - 817/329-7497; or MAIL. P.O. Box 92668, L^TX 76092Questions' Phone - 817/481-8200. A- Im ortance Level SOUTHLAKE CHAMBER OF COMMERCE MEMBER SURVEY Item/Activity Chamber Efforts-- Satisfaction Level Hiahest I 2 .... Lowest ' 4 Highest...Lowest 1 3 4 j 2 1 4 Chamber newsletter After Hours networking mixers Seminars 3 1 2 1 3 2 1 2 1 1 1 1 1 1 4 1 2 2 1 Leadership Southlake 1 I 2 1 1 4 Candidates' Forum Evenin Golf Classic Stake-Out- Coalitions of Tarrant County Chambers Annual Awards Banquet Monthly luncheons Business Roundtables sponsored in con'unction with Citv City of Southlake Economic evelol2merit Efforts Ouarterly newsletter, Southlake Economic Rel2ort Community Profile and Fast Facts Southlake Site Inventory Guide Business database' Biennial business survey Welcome notes to new businesses Summary of existing office. retail and warehouse sl2ace Overall satisfaction with Chamber, i.e., has Chamber fulfilled your expectations which motivated you or your organization to join., I 1 1 1 3 '- 2 I 2 2 2 2 4 2 1 1 1 2 1 1 1 2 1 1 1 2 1 2 1 1 1 1 1 1 1 1 1 l 1 1 1 i 2 2 1 1 2 1 1 2 2 1 1 3 1 4 1 1 I 4 ^ 1 4 1 1 1 1 1 1 1 1 1 3 1 3 1 1 1 1 1 WHAT AREAS SHOULD THE CHAMBER CONSIDER EXPANDING OR ADDING TO INCREASE YOUR SATISFACTION'? (Check all that apply and indicate your priority of selected items.) Visitation Pro, Business expo -te Program/Activity Tram with local busines s Councils inin,a. such as classes a inina. such as seminars Expand or Add one-on-one 1 1 2 6 JC 1 1 1 I City of Southlake, Texas MEMORANDUM November 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Final Development Regulations for Town Center Attached you will find a copy of the final development regulations for the Town Center Project. It has come to our attention that some Councilmembers are working off of previously distributed draft copies of the project. You might want to forward copies of this information to Councilmembers for their reference. Feel free to contact me if you have any questions. GL/gl enc. Final Development Regulations for Town Center L:1COM DE V%W P-FILES' FORMS\M EMO\NSTD-PZ. W PD R DEVELOPMENT REGULATIONS In this P.U.D. the following development regulations and standards shall be applicable and shall control to the extent of any conflict with other development regulations in the Comprehensive Zoning Ordinance, Landscape Ordinance and Subdivision Ordinance. 1.0 Use Regulations a. Permitted Uses - Permitted uses shall be in accordance with the C-3 Zoning District except as otherwise provided below. b. Non -Permitted Uses: The following uses shall not be permitted: Filling stations or service stations, operating with or without a convenience store. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. Sexually oriented businesses. C. Uses Permitted by Specific Use Permit Only: The following uses shall not be permitted without a Specific Use Permit approved in accordance with Section 45 of the Comprehensive Zoning Ordinance ("Specific Use Permit"): Sale of previously owned retail goods. Electrical and gas repair and installation services, except where such services are provided incidental to the retail sale of electrical and gas appliances and supplies. Lodges, sororities and/or fraternities. Medical care facilities requiring or allowing an overnight stay, to include hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors. pudxmarch.wpd. Development Regulations FIi`IAL DR-1 RECD J U L 2 81997 Non mechanical penthouses intended for human occupancy. Mortuaries, funeral homes and undertakers. Plumbing and heating appliance repair and installation services, except where such services are provided incidental to the retail sale of plumbing and heating appliances and supplies. All storage of materials must be indoors within this zoning district. d. Outdoor Displays and Sales - The following outdoor displays and sales shall be permitted: 1. Outdoor temporary removable displays and sales for fairs, festivals and other'special events held in outdoor spaces by Specific Use Permit. 2. Outdoor vendor sales (with accessory display and storage) in temporary or movable structures, including but not limited to sales of seasonal merchandise, fruit and vegetable market sales, sales of arts and crafts items, sales of specialty food items, and sales of a similar nature, subject to prior approval as to any such use by Specific Use Permit. Locations for outdoor vendor sales shall be approved as part of development plan or site plan review, as determined by the City Council. 3. Sales from kiosks at locations approved as part of an approved development plan or site plan, subject to prior approval as to any such use by Specific Use Permit. 2.0 Accessory Uses - Permitted accessory uses shall be in accordance with the C-3 district. L-1 addition, the following accessory uses shall be permitted: outdoor dining and seating areas street furniture, urban design fixtures and streetscape components 3.0 Development Regulations - In this P.U.D., the following development regulations shall be applicable: a. Building Height: Subject to the clarifications and modifications listed below, no building shall exceed three (3) stories, nor shall it exceed fifty-two (52) feet in height. Nor shall it exceed the elevation of 710 feet NGVD 1929 as specified in Ordinance 480, Section43-&.4-g , unless specifically exempted: pudxmarch.wpd. Development Regulations FINAL DR-2 1. The reference datum shall be established by the sidewalk or ground surface elevation along the side of the building fronting onto a public right-of-way, and not along the side(s) of the building facing onto interior portions of the block. 2. For buildings whose adjoining sidewalk or ground surfaces slope an average of 5% or more as measured along portions of the building abutting a public right-of-way, a maximum building height of fifty-seven (57) feet shall be permitted. In the event a Building for a City Hall facility is located on the block bounded by Street 3, Street D, Street 4 and Street C, such building may be built to four (4) stories or sixty-five (65) feet in height; 4. No maximum number of stories shall be applied to parking structures; provided, however, in no event shall parking structures exceed forty-two (42) feet in height as measured from the ground elevation; provided, however parking structures shall be permitted to a height not to exceed fifty (50) feet by Specific Use Permit; 5. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the building, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first story plan area may exceed the height limits of this section by up to the lesser of 50% over the permitted building height or 100% over the actual building height, and shall be exempt from the maximum elevation limitation of Section 43.9.c. 1 (g)i. of the Comprehensive Zoning Ordinance; 6. Mechanical penthouses ancillary to the uses below, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, or other mechanical equipment may extend up to twenty (20) feet above the actual building height, and provided the same shall be subject to approval at approval of the applicable Site Plan unless: 1) are setback from all exterior walls a distance at least equal to the vertical dimension that such item(s) extend(s) above the actual building height, or 2) the exterior wall and visible roof surfaces of such items that are set back less than their vertical dimension above the actual building are to be constructed as architecturally integral parts of the building facade(s) or as architectural embellishments as described in Section 3.a.5. Penthouses intended for human occupancy and ancillary to uses within a building may be allowed pudxmarch.wpd. Development Regulations FINAL DR-3 by Specific Use Permit as determined by the City Council in connection with development plan or site plan review. b. Front, Side and Rear Yards: With the following exceptions, no front, side or rear yard is required: Buildings along Highway 1709 and the east right-of-way of North Carroll Avenue shall maintain a minimum thirty-two (32) foot setback; provided, however, in areas where right-of-way is provided for acceleration or deceleration lanes, the minimum required setback shall be reduced to twenty (20) feet. In the event the North Carroll Avenue right-of-way has not been established at the time of development plan or site plan review, the setback shall be maintained from the projected east right-of-way of North Carroll Avenue based on information available at the time from the City of Southlake. No service drives, parking; sidewalks greater than six (6) feet in width, or other impermeable surfaces shall be permitted within the setback herein provided unless buildings are setback a minimum of fifty (50) feet. In no event shall the bufferyard along F.M. 1709 and North Carroll Avenue be less than twenty (20) feet. 2. Buildings along State Highway 114 shall maintain a setback of fifty (50) feet from the projected future right-of-way of State Highway 114; provided, however, in the event such right-of-way has not been established at the time of development plan or site plan review, the setback shall be maintained from the projected right-of-way of State Highway 114 based on information available at the time from the Texas Department of Transportation. As to all other P.U.D. boundaries, no building shall be located closer than fifteen (15) feet from the boundary of the P.U.D. C. Maximum Lot Coverage: The maximum lot coverage for individual lots is 100%. However, the maximum aggregate lot coverage for all buildings as a percentage of the P.U.D. as a whole (including the area of dedicated public streets, private drives and common open space) shall not exceed fifty-five percent (55%). d. Building Envelopes: Where `Building Envelopes" are indicated on the Concept Plan, no building (excluding parking structures) shall be constructed, in whole or in part, outside of any Building Envelope as shown without a Specific Use Permit, pudxmarch.wpd. Development Regulations FINAL It ' as determined by the City Council in connection with development plan or site plan review. e. Common Open Space: Common Open Space as designated on the Concept Plan shall be provided for public use. No building or other structure shall be constructed on any Common Open Space without the prior approval of City Council, except as follows: a bandshell pavilion shall be allowed on the block bounded by F.M. 1709 to the south, Street "5" to the north, Street "C" to the east and Street "D" to the west. f. Building Orientation: Any Building (excluding parking garages and other accessory buildings) within one hundred fifty (150) feet of a public right-of-way shall either face such right-of-way or shall have a facade facing such right-of-way in keeping with.the character of the main facade. g. Building Phasing: Buildings adjacent to F.M. 1709 and North Carroll Avenue, as well as those buildings facing the 3 block "Town Square" district (defined as that buildable area bounded by F.M. 1709, Street C, Street 3, and Street D, excluding a building on the block bounded by Street 3, Street D, Street 4 and Street C) shall be constructed prior to the construction of any above -ground structured parking behind such buildings. h. Facade Articulation: Any combination of buildings which are located along a single block face may be treated as a single building for purposes of applying the requirements for facade articulation set forth in Section 43.9c.1(c) of the Comprehensive Zoning Ordinance. The property owner shall provide an exhibit as appropriate with each building permit showing cumulative block facade articulation. Nothing in this paragraph shall require the retrofitting of an existing building. 4.0 Projections into Required Setback or into a Right -of -Way: The following projections shall be permitted into a required setback or landscape area or into a public easement or right-of-way, provided that i) no projection shall be permitted into a public easement or right-of-way along F.M. 1709, North Carroll Avenue or State Highway 114; ii) such projections do not extend over the traveled portion of a roadway; iii) the property owner has assumed liability related to such projections; and iv) the property owner shall maintain such projections in a safe and non -injurious manner: a. Ordinary building projections, including but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. pudxmarch.wpd. Development Regulations HNAL DR-5 b. Roof eaves may project up to thirty-six (36) inches beyond the building face or architectural projection. C. Architectural Projections, including bays, towers, and oriels; show windows (1st floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to forty-two (42) inches into a required yard or beyond the building face. d. No portion of an architectural projection described in Sections 4.0a, b and c above less than eight (8) feet above the ground elevation may extend more than forty- eight (48) inches into a required yard or beyond the building face. Canopies and/or awnings may project from building face and may extend to, or be located within eight (8) inches of the back of curb. Ground -mounted supports for items in this Section 4.Oe may be approved as part of development plan or site plan review, as determined by the City Council. f. Below -grade footings approved in connection with building permits. 5.0 Off -Street Parking: With the following exceptions, parking shall be provided pursuant to Section 35 of the Comprehensive Zoning Ordinance, and such required parking shall be calculated in accordance with the provisions of Section 35 (including the shared parking provisions of Section 35.2): a. On -street as well as off-street parking shall be permitted within the P.U. D. b. Up to twenty-five percent (25%) of required parking may be compact spaces having a minimum space width of eight (8) feet and a minimum space length of sixteen (16) feet; provided, however, compact spaces shall not be allowed on - street and shall be limited to off-street parking locations. Each compact space shall be clearly designated. Required parking shall be located and maintained anywhere within the P.U.D. On -street parking and shared parking anywhere within the P.U.D. may be counted toward the off-street parking requirement for the P.U.D. d. Where on -street parking is permitted, angled, as well as parallel parking shall be permitted. Both forty-five (45) degree and sixty (60) degree angled parking shall be permitted. However, no on -street, drive, or common access easement parking shall be permitted within thirty (30) feet of the cross curb line for a cross street, drive, or common access easement. pudxmarch.wpd. Development Regulations FINAL !t ' e. The parking requirement for office uses set forth in Sections 35.6.b(6)(a), (c) and (d) of the Comprehensive Zoning Ordinance is one (1) parking space for 330 square feet of floor area. f. The parking requirement for all retail uses set forth in Section 35.6.b(5)(a) and (e) of the Comprehensive Zoning Ordinance is one (1) parking space for 220 square feet of floor area. g. Cumulative parking tabulations shall be submitted with each site plan and/or development plan. 6.0 Off -Street Loading: With the following exceptions, off-street loading shall be provided pursuant to Section 36 of the Comprehensive Zoning Ordinance: a. The minimum dimension of loading spaces shall be as follows: 10' x 25' regular size space 10' x 50' large space b. The calculation of the minimum number of off-street loading spaces shall be in conformance with the following schedules and rules regarding shared spaces: Number of spaces: Office Uses or portion of building devoted to office uses: 0 - 49,999 sf 0 spaces 50,000 - 149,999 sf 1 regular space 150,000 - 249,999 sf 2 regular spaces 250,000 sf and up 3 regular spaces Retail Uses with the following Tenant size: 0 - 9,999 sf 0 spaces 10,000 - 49,999 sf* 1 regular space 50,000 - 99,999 sf* 1 regular space and 1 large space 100,000 sf and up* 1 2 large spaces pudxmarch.wpd. Development Regulations FINAL X Restaurant Uses with the following Tenant size: 0 - 9,999 sf 0 spaces 10,000 sf and up* I 1 regular space *The loading requirement for multiple tenants that are each 10, 000 sf or larger may be combined within a single building and treated as a single tenant. 2. Loading spaces that are adjacent and accessible to several buildings or tenant spaces, including buildings and tenant spaces on separate lots, shall be allowed to suffice for the loading requirements for the individual buildings or tenants provided that i) the number of spaces satisfies the requirements for the combined square footages for the buildings or tenants in giiesiion, and ii) for loading spaces to be shared among separate lots, an agreement evidencing the right of tenants to the use of such spaces shall be provided. 7.0 Streets and Sight Triangles: Within the P.U.D. the following street design standards shall apply: a. Except as provided herein, no sight triangle shall be required. Adequate sight distance will be provided at all intersections through the use of appropriate traffic control devices. Sight triangles for vehicles exiting the development for both public streets and private drives shall be provided at intersections with F.M. 1709, Carroll Avenue and State Highway 114. These sight triangles shall be the triangle created by connecting a point which is ten (10) feet into the site along the right-of- way at the intersection and a point extending away from the intersection a distance of forty (40) feet along the existing roadway right-of-way line. See Exhibit A attached hereto and incorporated herein by reference for examples of the sight triangle provisions of this Section 7.0.a. b. For plantings within twenty (20) feet of any public street intersection, shrubs and groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of clearance as measured from the top of the ground surface to the first branch along the tree trunk. C. Nothing contained herein shall vary or supersede public safety requirements of the City of Southlake as set forth in the Uniform Fire Code and other applicable laws, rules and regulations of the City of Southlake. pudxmarch.wpd. Development Regulations FINAL DR-8 8.0 Screening - Screening shall be provided in accordance with Sections 39 and 43.9.c. of the Comprehensive Zoning Ordinance except screens comprised of planting materials and located within bufferyards along the boundary of the P.U.D. shall be exempt from the architectural fencing offset requirements of Section 43.9.c.1.(e). 9.0 Above Grade Structured Parking - The following exemptions shall apply to above grade structured parking facilities: a. Above grade structured parking facilities shall be exempt from the accessory building limitations of Section 34.2 of the Comprehensive Zoning Ordinance, provided that such facilities meet the applicable requirements of these Development Regulations for principal buildings, except for number of stories which is not limited (subject to the maximum height limitation as set forth in Section 3.Oa of.these Development Regulations); provided, however, that the Horizontal and Vertical Articulation requirements of Section 43.9 of the Comprehensive Zoning Ordinance shall not apply, except that, subject to the limitations set forth below, Vertical Articulation shall be provided at elevations visible from North Carroll Avenue between State Highway 114 and F.M. 1709, or F.M. 1709, and/or are visible from a tract zoned residential and/or designated as low or medium density residential on the Land Use Plan, the property line of which is within four hundred (400) feet of such parking structure. In addition, any such visible elevations shall have a solid parapet wall of not less than forty-six (46) inches and shall utilize colors consistent with the surrounding principle buildings. The following exceptions to the above limitations shall apply: (i) elevations visible between gaps between buildings of fifty (50) feet or less shall be exempt from the Vertical Articulation requirements; and (ii) elevations which are set back behind a building pad for a future building, which building has not yet been built as of the date the parking structure is built, shall be exempt from the Vertical Articulation requirements for a period of three (3) years until such time as the future building is built; provided, however, in the event such building has not been built within such three (3) year period, the parking structure shall thereafter be modified to comply with such Vertical Articulation requirements or in the alternative shall be screened with trees or other appropriate planting materials until the time that such building is built. If screening is used, the method and type of screening shall be subject to the City's approval. One specific exception to the time frames nominated above is made as to the block bounded by Street 3, Street D, Street 1, and Street C whereby the time limitation referenced herein is reduced from three (3) years to two (2) years. pudxmarchmpd. Development Regulations FINAL R.. b. If not abutting a right-of-way, above grade structured parking facilities shall be provided with adequate access from public right(s)-of-way via private drive(s) and/or access easements. 10.0 Accessory Structures - The following restrictions shall apply to accessory structures: a. With the exception of the following items, accessory structures shall not exceed one (1) story or a height of fourteen (14) feet. 1. park pavilions or bandshells 2. above grade structured parking facilities. No item listed above shall exceed fifty-two (52) feet in height or, in the case of above grade'structured parking facilities, the lesser heights allowed under Section 3.Oa of these Development Regulations, nor shall it exceed, where applicable, the maximum elevation limitation of Section 43.9.c.I (g)i. of the Comprehensive Zoning Ordinance b. Except for open spaces and open space amenities, no accessory structure shall be located between the front lot line and the principal building on a lot. 11.0 Minimum Width of Enclosed or Partially Enclosed Open Space - In lieu of the requirements of Section 33.7 of the Comprehensive Zoning Ordinance, the following definitions and requirements for minimum Court widths shall apply: a. Minimum widths shall be based on the following schedule: COURT TYPE MINIMUiV WIDTH/AREA Court; Open Court 3 inches per 1 foot of building height, min. 12 feet Closed Court: min. area equal to twice the square of the width of the court based on surrounding building height, but not less than 250 sq. ft. Court Niche: no portion shall be more than 3 feet (measured horizontally) from a point where the court niche is less than three feet wide. pudxmarch.wpd. Development Regulations FINAL DR-10 b. For purposes of subpart a. of this section, the following definitions shall apply: Court: Court, closed: A court surrounded on all sides by the exterior walls of a building, or by exterior walls of a building and side or rear lot lines, or by alley lines where the alley is less than 10' in width. Court niche: Not a court. An indentation, recess, or decorative architectural treatment of the exterior wall of a building which opens onto a street, yard, alley, or court. Qpen Court: A court opening onto a street, yard, alley, or private drive not less than twelve feet (12) wide. Court, width of: The minimum horizontal dimension substantially parallel with the open end of an open court or the lesser horizontal dimension of a closed court; or in the case of a non -rectangular court, the diameter of the largest circle that may be inscribed in a horizontal plane within the court. 12.0 Interior Landscape Areas - Specific requirements for interior landscape areas shall be determined at the time of development plan or site plan review, as determined by the City Council. Any landscaping in a surface parking lot approved in connection with development plan or site plan approval for such lot, which is taken out in connection with the later construction of a parking structure, shall be relocated or replaced. 13.0 Irrigation - Required landscaping shall be served by an irrigation system meeting the requirements of Section 3.6 of Ordinance 544, except in those instances and in those areas where installation of such a system is a) potentially harmful to any preserved or existing plant materials; b) not reasonably required due to the nature of the plant material (e.g. where irrigation could be detrimental to drought -tolerant plant species); or c) create a situation possibly harmful to public health, safety or welfare. Determination of the situations described above shall be made by the City's Landscape Administrator. 14.0 Realignment of North Carroll Avenue - All land uses within the proposed P.U.D. shall be in accordance with allowable uses in C-3 zoning, as modified by the development regulations of this P.U.D.; provided, however, in the event any property within the P.U.D. shall become located west of the North Carroll Avenue right-of-way due to the City pudxmarch.wpd. Development Regulations FINAL 1_93ZME acquiring additional right-of-way and realigning North Carroll Avenue to the east as shown on the Concept Plan, such property to the west of North Carroll Avenue shall be (6w, used and developed only in a manner consistent with all zoning or other development standards that would apply to property that is zoned C-3 under the Comprehensive Zoning Ordinance of the City of Southlake. pudxmarch.wpd. Development Regulations FINAL DR-12 LE © •M=0++3 T-R rSPOOTATOM Coot/ Rio/to Oevelopment - Southloke Town Center — Exhibit A DR CONCEPT - PLAN for Proposed Non —Residential * P.U.D. District Southlake, Tarrant County. Texas October 14, 1996 AG. IXEO USE RICH RD -Ass EADS AG. MIXED USE C3 MIXED USE AG. %Inul E) ;� CITY CS 0 O ALL CI w X AG MIXED USE AG MIXED C� USE C3 MIXED �� \ r—\y �� USE z. -0 C-!:V:L.AZA CE-InER C, ...... LL P"sE 2 aI: AG XED W:2 C3 ;E -MIXED USE A A) EJ AGO A 0 1 9 6 e 6 C, AG A .01. C2 1 0 "Mu- w31w SP2 1 0 cf.s:fl GG,� otstfl N.6 . I CD" 011 tl PP-a11EDACC-CEPT PEA") MIXED USE l— I ra..r .cvr "' MIXED USE Comm loss cm� A —11 .;Ss ml .49 I.. w - —9 WS SOUTHLAKE TOWN CENTER RIALTO DEVELOPWN7 CONCEPT PLAN RECD DEC 0 91996 City of Southlake, Texas II 1 WEDNESDAY, NOVEMBER 19, 1997 6:30 P.M. LOCATION: City Council Chambers of City Hall 667 North Carroll Avenue, Southlake, Texas AGENDA 1. Call to order. 2. Discussion: CISD participation agreement in City of Southlake Reinvestment Zone 3. Adjournment. CERTIFICATE I hereby certify that the above agenda was posted on the Official Bulletin Boards at City Hall, 667 North Carroll Avenue, and 1725 E. Southlake Boulevard, Southlake, Texas, on Friday, November 14, 1997 at 6:00 p.m. pursuant to the Texas Government Code, Chapter 551. so U $ti % ifnf� Sandra L. LeGrand % a} City Secretary � .. _„•��````` If you plan to attend this meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481-5581, extension 704, and reasonable accommodations it -ill be made to assist you. l City of Southlake, Texas MEMORANDUM November 14, 1997 i TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of Bid for the Installation of Sanitary Sewer in Huntwick Estates BACKGROUND As part of the neighborhood sewer program, Huntwick Estates has been selected to receive sanitary sewer service. Huntwick Estates was originally constructed with a "dry" sanitary sewer system. However, the house service lines were never plugged and one sewer main has been damaged, therefore, part of this project is to rehabilitate the sewer main and plug the unusable service lines. The proposed project also includes the elimination of a sewer lift station located at Carroll Middle School, which has had several major maintenance problems. Low bidder for this project is Saber Development with a bid of $220,140.50. Bid advertisement was published October 26 and November 2, 1997. Bids were publicly opened and read aloud on November 12, 1997. BID TABULATION See attached bid tabulation prepared by Cheatham and Associates. FUNDLNG/FISCAL IMPACT Funding in the amount of $200,000.00 is included in the 1997-98 CIP Budget as part of the Neighborhood Sewer Program. The additional funds needed are available in the bond fund. RECOMMENDATION Staff recommends Council award the bid for the installation of sanitary sewer in Huntwick Estates to Saber Development in the amount of $220,140.50. Please place this item on the November 18, 1997 Regular City Council Agenda for City Council review and consideration. 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H F ►- (nzz00 = I U U - - - - - O > �vzzzzz=F-U) U C: =w0 W=MMZ F- (n¢¢¢¢¢UD- D_D-D-aQ- W W W W W vvz _ H- - ❑❑wwwwzX — CcOmaw�❑(nX� 2w00 of <w zD„�<U rl, Q W W RtLl W Z O Q I = D:C:D:xtt F N� w-�¢lL----� J❑ F- D-D-D_D-¢w2❑❑ D 0_ D D iuj w �� W `T H F- wwY¢(-)C-) x U❑ Q¢ J f> = U Z O FJ- I F- F❑ E.rNM V ' tozZ>~¢U(nCn(n(n—ZZ.UUzz (ncnW¢Z¢cncncncn¢�cn U)U) U UyZIJJI¢'pZ(n G2w0 U O p wm' ❑D-D-CLC-D OOD-Z(nOJ(D(D(D(D�OpI, (D�cDU i_ OO U Cl- v 0= U (D co v�, ZI�I- —, �'w i2 p O r N M �' to (D n co N O w CL IW w z r N M� tc') O n O G� r rir r�r r�r NC) rIr O!r ICV iN N N MIS N N to N cDln N'N NIC' m 1 M M I 5A-3 Proposed Sewer Improvements for Huntw'I'Ck Estates AGI . ■ r ■ �. 1. S ■� .-. �. • .. .■ Ratio ■■ ��, . �. Legend Proposed Sewer Line�UthiQK ... Existing Sewer Line 1 Scale Public i City of Southlake, Texas MEMORANDUM November 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of Bid for the Installation of a 24-inch Water Line Along North White Chapel Boulevard from the Proposed Ground Storage Tank on T.W. King Boulevard to the Water Tower Located at West Dove Street and North White Chapel Boulevard BACKGROUND As part of the City's water system improvements, a 24-inch water line has been proposed for installation along N. White Chapel Blvd. from the proposed ground storage water tank on T.W. King to the water tower located at W. Dove St. and N. White Chapel Blvd. The water main, because of a narrow ROW and steep side slopes, is designed to be placed under the pavement. Due to Tarrant County's plans to improve N. White Chapel Blvd., it is necessary to install the water line at this time. This will allow for the placement of the water line before the street is improved and avoid interfering with the new pavement. Several alternatives concerning the type of pipe and trench backfill were provided to the contractors for their proposals. The total bid for alternate "A" is for a concrete pipe and alternate "B" allows for ductile iron pipe. Both alternates "A" and "B" allow the bidder to use "flowable fill" or cement stabilized soil mix as backfill. The "deductive alternative" was provided to allow for the normal construction method of compacting the native soil in the trench. Because of the new pavement to be constructed, staff felt it was advisable to see what the price would be for an enhanced backfill material. The low bidder for this project is Atkins Brothers Equipment Co. in the amount of $759,850.00 (bid alternative "A" with the deductive). Bid advertisement was published on October 26 and November 2, 1997. Bids were publicly opened and read aloud on November 12, 1997. BID TABULATION Attached is the bid tabulation prepared by Cheatham and Associates. 58-1 FUNDING/FISCAL IMPACT The CIP budget for FY 97-98 proposes $850,000.00 for this project. Alternate "A" is the low alternative. This type of pipe is used extensively in our water system for transmission mains that are 20 inches in diameter or larger. The "deductive alternative" considers the additional cost to utilize an enhanced, stabilized backfill. The cost of using the enhanced backfill, at the lowest bid for this item, is $131,000.00 for about 7,500 feet of the trench under N. White Chapel Blvd., or $17.47 per foot of trench. The Public Works staff does not believe that the additional cost is warranted since N. White Chapel is to be rebuilt by Tarrant County to our "interim" standards. There will be some degree of settlement that the City will have to repair over the next several years. If N. White Chapel were to be constructed to the "ultimate" cross section, then the additional expenditure for trench material might be justified. RECOMMENDATION Staff recommends Council award the bid for the installation of the proposed 24-inch water line along N. White Chapel Blvd. to Atkins Brothers Equipment Co. in the amount of $759,850.00. Please place this item on the November 18, 1997 Regular City Council Agenda for City Council review and consideration. CRE/cre Attachments: Bid Tabulation Location Map 14 58-2 € N , m I � i h , 00 00 � z 2E , 8, , a 00 ' O M M , ;wok , 8 , , , M i N aa� , 0 0 8 F , 00 i� i 00 z z z 0.� ' , U z oE4 �I z A .4 n nEIn O C%: nEm C1 v :n. m miN o0 V:^'ina:m C, NOft V'1:mi OC x rqI�Imi 0 U tn 0 U F W x a J 888�8888i88388188 88�C$8,8��8g8�$�8 d' M 1 00 j W 'O N 121 v'I s;ss�ssslsssssss $�C) (NN 00 g g g�g g g g s g g g g g gggg�00 .m. 0000 N-, .fir 6 9 N 6�A �en .1 ,A/V R 858888(gig 8�88_888888s 8 O Oj0 CN N N N O O Q00 - '40- V1'�O N ri n . 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Lt. g g g 8 Cw i) in W, 14 Ci In r W) W) kl� 06 W� tn 0.6, r- C14 cl; It o ff� C4 Q C; N C, aaoLnwtnwO 00 00 cn 'A 44 — 4^ 40-1 Go 00 (.04 601� fioc� N 6-� �-4 00 05. $i$ls SRI$ $! uw QQ �00-,i 8I800 tn 0 �n In fn fn 1 Od C-i r4 6 W, en z 1; en CN C', cq cr, C4 0 00 00 00 o �c 00 rq =,Inlr-64 Z, 00 CN ,t. 00 to r- fq 00 rq Ili 4 00 00 Q-� Zor, 61� 411� vc� 60c� 1 ioc� 00 06 60%. Cc, ;I84c0c) SpQO 00 00 is g,8181! ON 0 fn C4 cn rq .8; C14 C, CN C�4! cn -IT W-, W) C-q C11 rql ZS U Z z z -j jl J: z cn LLI z z rA Z;! Lu z 0 1z, a: Zo <-po M!"i j �,- zlw I �- 0 El Z! > > t 12 <: C .! . 10 t m Z <- w0 wz; iZl < ,- �11 ' ,Z Z vj z w � zz�zv Z Z ; :Zz w 1 Z zzu8 r .X7 -: t 2 � "== i 0�2—X : w4 "o iz w Z); , I Ci i lz OZ > > u C.4: 111. C', "I c-, C) C-i 00 r-. C, —1 FT rn 5B-4 Proposed 24" Water Line 0 %&� 4e " Proposed 2V Water Line W E Proposed Ground Storage No Scale Elevated Water Tank AM ii Public Works - GIS City of Southlake, Texas L MEMORANDUM November 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to Execute a Contract with Carter and Burgess for the Design of Reconstruction of Brumlow Avenue BACKGROUND The City has entered into an interlocal agreement with Tarrant County for the reconstruction of Brumlow Avenue. As part of this interlocal agreement the City has agreed to provide construction materials, plans, and surveying, while Tarrant County will provide labor and equipment. Carter and Burgess has been selected to provide surveying and engineering plans at a cost of $18,900.00. The construction materials cost is estimated to be $69,228.00, for a total project cost of $88,128.00. If this project were to be bid out to a contractor, rather than using County labor, the project would cost approximately $115,380.00, adding the engineering cost would make the total $134,280.00. Working with the County provides an approximate 30% savings. RECOMMENDATION Staff recommends the Mayor be authorized to execute a contract with Carter and Burgess for the design of reconstruction of Brumlow Avenue. Please place this item on the November 18, 1997 Regular City Council Agenda for City Council review and consideration. CRE/cre Attachment: Professional Services Agreement 5C-1 SL, uU- Carter Burgew Cons-l-,crts it ?!�rnirg, Er�glraerirg, Archi--cfure, Co,s--%cicr ^ zrayerrEnt, or,C Qel.:tec Serrices AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME Brurrlew Avenue Resurfacing CLIENT City of Southiake ADDRESS 667 N. Carroll Ave. Scuthlake, TX 75092 hereby requests and authorizes Carter & Burgess, Inc. to perform the following services: - SCOPE See Exhibit'A' COMPENSATION to be on a basis of lump sum billed on hourly rate per attached rate schedule, not to exceed S18.9CO.00 without prior authorization. (Total excludes reirnbursacle charges such as reproduction, courier, federal express, etc.). if te&nical or professional services are furnished by an outside source, an additional 10% shall be added to the cost o; the services for Carter & Burgess, Inc.'s administrative costs. Aperoved for CLIENT =y Titre 0at3 Accepted for CARTER & BURGESS, INC. By: J. Phillip Ceaton TIN a: Senior Vice President Date: October 29, 199? CS-:D 3 3urg45s, Inc. %?30 :!-i rco4 ZC 5C-2 4L U'):i Ci Carter"Burgess Coo; .zr-s it F!an,ire,, :rcire�ri^c, s.rc^itec't r�, Ccrs'.^_c�er <<;a,c,=merr,vcrc .2�icred �errces EXHIBIT 'A' Ccto'aer 29, 1997 Mr. Shawn Poe, P.E. City of Southlake 667 N. Carroll Ave Southlake, TX 76092 Reference: Engineering Proposal 3rumlow Averue Resurfacing Cear Mr. Pce: Carver & burgess, Inc. is pleased to present this proposal to you for engineering services related to the Brumlow Averue resurfacing, it is cur understanding that the City of So_thlaka intende to resurface this roadway form Continental Boulevard to a pcirt just north of Highway 26, a distance of approximately 4000 linear feet. Be,ow ycu wi'I gird an enumerated scoce of proposed angineering services followed by ccrresconding croposed compensation. Attached is an "Authorization of Professional Se.7kes" agreement also for your consideration and execLticn if approved. SCOPE OF SERVICES 1. Design sur.'ev 7.-e ergineer shall provide toccgraphic design surveys to properly engineer the project. T re ergineer wEl survey cross -sections at 1 CC -foot intervals for street right-c--way elevations. 2. Constructcn Vacs TY7e engineer .vi:i prepare detailed plans for the reconstruction of approximately 4COC linear feet of roadway. The set will consist of a cover sleet, paving plan and profile s~eets as well as section and detail s*''-Jeet(s), Sufficient Information will ce irc'uded cn the plans for sta.{ing Of the rcad'Way f.r reconstruction. _.::ICI. 5C-3 ( 11 J4 Mr. Shawn Poe Gctot:er 29, 199 Page 2 3. Preconstruc;ion Ccnferences The engineer shall attend cne (1) Freconstruction conference when requested, by the City. 4. Constructicn Surveying A. Street Grade Staking The engineer will crovide one set of grade stakes at 100' centers on both sides of the right -of -Kay to indicate alignment and grade for the propceed finished surface. B. PaAlag St_ akino The engineer will provide one set of alignment and grade stakes on 1001. centers in tangents and 50' centers In horizcntal curves. AJI vertical and horizontal curves shall be clearly staked. Restaking :hargas shall 'e itemized indiridualhy and invoiced to the City of Sauthlake for backcharge to the respective Contractor. The prices quoted in this contract are based on a 48-hour notice and survey crews wor'Ung full days. In the event that work is requested that does not require a full day, set-up and travel time will be charged at the hourly rates supplied. 5. Comcensation ComFensa-icn `or Itams t thrcugh 4 covered under this Agreement shall be on a lump sum or unit price basis unless noted otherwise. We propose the following fees for the af:,rernentioned work items: Design Survey S MCO.100 2. Construction Drawings $ 8,400.00 3 Pre_-orstructicn Conference $ L00.00 4 C:nst: wctior Surveying $ e.E00.Co TOTAL PROPOSED FEE: $18,300.00 REIMBURSABLE EXPENSES A. Out of pc,1rit ex:a-'.ses re a.ac t^, cc'Jrier expenses aid racrogr3o'lics shall be reimbursed a-, CQ?i. 5C-4 z o)3 Mr. Snawn Pce Oc:uber 29.1997 Pace 3 ?. The cost cf subcont-acted services aucr as a:.thorzed bongs, photogrammetry, gectec,�nicai testing and ether scecialized services by consultants shall be contracted and paid directly by the City of Southlake. ASSUMPTIONS A. It will be the responsibility of the City of Southlake to obtain clear and timely access to private properties adjacent to the road right-of-way If so required, Including but not limited to the railroad facilities along Hwy. 26. B. No work will be completed adjacent to or at the railmad facilities at Hwy. 26. C. Services required by the City of Southiake which may arise and are not outlined above shall be compensated for on an hourly basis according to the attached Schedule of Hourly Billing Rates or negotiated to a lump sum fee. D. Substantive changes promulgated by the City after guidelines and standards have been established shall be compensated for on an hourly basis. SCHEDULE 0= HOURLY BILLING RATES (See Attached) Engireer shall sudmd monthly statements for services rerdered and for reimbursable expenses incurred. The City of Sout"lake shall maks rromPt mcn,hiy payments in response to engineer's rncnthly staterrents. Thank you 'or the cpcorunity to provide this proposal to you. We 'ock forward to workirg closely with y-.0 or: this project. Please call f you have any questions. Very Truly Yours, ,-AR' BURGESS, INC. l t Tccd M. Ja - , .E. Associate T 0 J/:.tm 37CO23. T VJ 5C-5 4& City of Southlake, Texas MEMORANDUM November 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to enter into a developer agreement for Wyndsor Creek, Phase II BACKGROUND Attached is the Developer Agreement for Wyndsor Creek, Phase II. This is a standard developer agreement. Staff has added a paragraph clarifying the requirement for the submittal of record drawings (Section III, paragraph H). The Developer met with the Park Board on November 10, 1997 to discuss park fees and credits. The Park Board has recommended that this phase of Wyndsor Creek be granted full credit and that the developer be allowed to carry over $14,985 for future projects. A memo from Kim Lenoir, Director of Parks and Recreation is attached, outlining the details of the credits. RECOMMENDATION Staff recommends the Mayor be authorized to enter into a developer agreement for Wyndsor Creek, Phase II. Please place this item on the November 18, 1997 Regular City Council Agenda for City Council review and consideration. Uri Attachments: Developers Agreement Memo from Kim Lenoir, Director of Parks and Recreation 5D-1 TIMARRON, WYNDSOR CREEK PHASE 2 DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of Timarron, Wyndsor Creek Phase 2, hereinafter referred to as the "Addition," to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 231ots contained within the Timarron, Wyndsor Creek Addition and to the off -site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots, three (3), after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. SD-2 The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approves the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: Developer agrees to pay the following: �r... 5D-3 a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of. a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. 5D-4 I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. 5D-5 C. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS: The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. 5D-6 E. ON -SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. F. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. G. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any SD-7 circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. I. START OF CONSTRUCTION: Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: . 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre -construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. III. GENERAL PROVISIONS: A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, 5D-8 EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF ``'— OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAINIAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. 5D-9 E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgment by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of this phase the Developer shall provide to the city 3 copies of Record Drawings of this phase, showing the facilities as actually constructed. Such drawings will be stamped and signed by a registered professional civil engineer. In addition the Developer shall provide electronic files showing the plan and 5D-10 profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines; and tie in to the state Plane Coordinate System. IV. OTHER ISSUES: A. OFF -SITE DRAINAGE: Not Applicable B. OFF -SITE WATER: Not Applicable C. PARK FEES: The required Park Fees for'this.pro}ect are $23000.(23 lots Cr100Q per ,. . The Park Board has recommended that the'Developdr`be given credit m`the toial of $37,985; which would result in a Park'Fee assessment of $0, with a carry over, to Village of $I4,985 _ . D. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address Date: 5D-11 CITY OF SOUTHLAKE, TEXAS Im Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: ll - 5D-12 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C maybe substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. 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F� ? i g�e � o� a4F3� � � rr• � �� 9��. a = ❑ :: S• I t' 3 tj 19 �3• �7 F t- �i ➢t➢ Q�� 5 ! 50-14 14 . i �aia6,na�i•• City of Southlake, Texas MEMORANDUM November 12, 1997 TO: Ron Harper, Deputy Public Works Director FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Park Fee Credits - Timarron - Wyndsor Creek Phase II Monday, November 10, the Park Board recommended 100 % credit and a carry over credit of $14,985 for the park development fees assessed for the Timarron Wyndsor Creek Phase II project. To arrive at this recommendation the Park Board considered the following for this project: => 2.18 acres of natural (unmaintained) open space at $40,000 per acre = $87,200 x .125 (due to floodplain private land valued at $10,000 per acre) = $10,900 => Construction and dedication of a public access easement of .23 mile of 6' wide trail along Continental Blvd. x $2.75 square foot construction cost = $19,800 x 1.20 value multiplier (consistent with the Trail System Master Plan and high priority) _ $23,760 =:> Improved maintained open space of .41 acres x .5 (due to multi -use of space for recreation and promotion of development) x $40,000 per acre = $16,400x .375 (due to private open space valued at $30,000 per acre) = $3075 => Benches (4) x $250 = 1000 x .25 (public) = $250 Grand Total of parks value added: $37,985 Fees assessed: 23 lots x $1000 per lot = $23,000 Credit Carry-over: $14,985 The work sheets and Park Board minutes are included in the City Council Packet for further clarification of the discussion and process for their recommendation. If you have any questions please contact me at 481-5581 extension 757. 5D-15 F O� To- 0 N co J Y L ^cu li_ O C QC� C O L Q E C a) C Q w L O CAI L CL O O Q) O W U Cn W Q X W a y O O O to In 1- O -n p = o ai M y y 60 N M di U LY v a a LL 3 0 O O O O O O O O O O O O O In O CD O O W In In N O 10 'ITO V _ 'It M InN_ V V V 1n N O O O O O O O ') CD O a a 0 0 0 O O O O O N a a '0 Q a Q "' 0- 0 pp L _3 � N N N h M O O O CDO CD O O O CD O O In In O I!] O O O O O O N - N ID O N N O I� I- M N O O O O N - a s- 0 0 a 0 a u .. a Q a Q o o a „ 3 0 o N 00 o o m pj O O v m fA II O 3 it C. O A ~O II O O O N a Z O y O II v O v O c zr f` X N O2 N N �j {y x w X a y d x x y v U y d � E m � N 1 1 M N o� N cV N N N 12 O 0 0 a � G a O N Z N O N N N N N O 7 N O a _ Q 7 F m O H C O N O N O O V N N O O O O U to rn rn y c O y y y U CJ C D_ n 01 C it c 01 01 C @ v0 N L O CM CL3t LL C C y 0 0 N 3 0 > o U m L o y - jt O E C ;7 y � ) � C C `Q O L O C U V d N m a C y y T T O p T p_ n j� c U U Q Q 7 o O_ y a CO (n c0 C p_ °c O p 7 7 u y U .o L U .� O E E .. y d Q O� F- d0� F-an.iimS000 5D-16 QI rn o_ W m LU W O Z Z O H Q Z W O U W Q O m Y d' Q a City of Southlake, Texas 0 MEMORANDUM November 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to enter into a developer agreement for Village J, Phase I BACKGROUND Attached is the Developer Agreement for Village J, Phase I. This is a standard developer agreement. Staff has added a paragraph clarifying the requirement for the submittal of record drawings (Section III, paragraph H). The Developer met with the Park Board on November 10, 1997 to discuss park fees and credits. The Park Board has recommended that this phase of Villag J be given credits in the amount of $15,512 and be allowed to carry over $14,985 from Wyndsor Creek, Phase II. This results in a total credit of $30,497 and requires the Developer to pay park fees in the amount of $19,503. A memo from Kim Lenoir, Director of Parks and Recreation is attached, outlining the details of the credits. RECOMMENDATION Staff recommends the Mayor be authorized to enter into a developer agreement for Village J, Phase L. Please place this item on the November 18, 1997 Regular City Council Agenda for City Council review and consideration. 0 Attachments: Developers Agreement Memo from K. Lenoir, Director of Parks and Recreation 5E-1 TIMARRON, VILLAGE J, PHASE 1 DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of Timarron, Village "J" , Phase 1, hereinafter referred to as the "Addition," to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 50 lots contained within the Timarron, Village J Addition and to the off -site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots, five (5), after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. 5E-2 The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approves the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: 5E-3 a. Inspection fees equal to three percent (3%) of the cost of the water, .. street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. 5E-4 I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8 line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. 5E-5 C. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street constriction or stability. 5E-6 E. ON -SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. F. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. G. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any SE-7 circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. I. START OF CONSTRUCTION: Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre -construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. III. GENERAL PROVISIONS: A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, \� 5E-8 EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. 5E-9 E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work -is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgment by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of this phase the Developer shall provide to the city 3 copies of Record Drawings of this phase, showing the facilities as actually constructed. Such drawings will be stamped and signed by a registered professional civil engineer. In addition the Developer shall provide electronic files showing the plan and 5E-10 profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines; and tie in to the state Plane Coordinate System. IV. OTHER ISSUES: A. OFF -SITE DRAINAGE: Not Applicable B. OFF -SITE WATER: Not Aplicable C. PARK FEES: The required Park Fees for this project are $50,000,(50 lots 0$1�000 per lot) The Park Board has recommended that the Developer be given credits in the total of $15,512. An addition the Park Board has recommended that $14,985 be,camed over from Wyndsor Creek, Phase 2. The grand total of recommended credits is $30,497. The Developer would be obligated to pay the remaining park fee of $19,503: D. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address 5E-11 `` CITY OF SOUTHLAKE, TEXAS LOW Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Date: 5E-12 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C maybe substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. XIV[LLAGPJ. WPD 5E-13 0 t \% L i 1. � � lib �� f 0 — '° o • �„°' i � o°', t _ "� •�•t is - „' iC '"•,. �L=<<_o��+: �� =`; O r�� m v tivHe o S d gym: o p s7 3 u _ Sy 01 Llul 1,e o 8 s fEEe't(� F21.1 , IMLl:.4 �,•'.'� % /\ , � '\ 'fir \� Y � �i � , st Al lb •_ /� s" � a- �; a :v,sy+ � �__--' ~'� .<"~ - •' s. �yx. / � `. ' 151< :;'8,.r, °0q �1 d•�// �"° �a t 67 7`{, o e � �t� / - \ a-!f- `'°•`•.°/ "` ` "",.-. i ' yy/ /"ti l a'�f • ' mrrr 1: I.a// 16• ` \ I , / e• a B• w ie �/ d �'� 9 R. ' / o'• 4� rd '� • �rw.0 r ' / .F F y� .'OJ r :%x�,/�rr`�i•°r ar•.. ; f; e � iF,i •* '' �# F � e'/``,T •. �:ua � _ / b S q• � ma's � / 17 `• 'mar% s /// s y+' :(4'c -s n `°✓' S J / xi±� �� 4j .r ya r !? ! ° •,rt•'y�t''A � � �� ; iA �+: ��=- i��t°� 03 i•, ::. . - `ti �cK=iaJ � �'.c-,a � 1«".— • F �/'' �� \ �g'� .B @ ti4�2�ai •� !! V x'B .'' r'�` '•'•. i,.N m y [' I-' '� 6i-(fi_i- 1a :: 5E-16 City of Southlake, Texas MEMORANDUM November 12, 1997 TO: Ron Harper, Deputy Public Works Director FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Park Fee Credits - Timarron - Village "J" The park development fees assessed for the Timarron Village "J" project are 50 lots at $1000 each for a total of $50,000. Monday, November 10, the Park Board recommended $15,512 credit plus the carry-over from Wyndsor Creek project of $14,985, requiring a fee of $19,503 due. To arrive at this recommendation the Park Board considered the following for this project: => .28 miles of private trail construction x $2.75 per square foot = $23,925 x .5 private value multiplier = $11,962 => Improved maintained open space of .44 acres x .5 (due to multi -use of space for recreation and promotion of development) x $40,000 per acre = $8,800 x .375 (due to private open space valued at $30,000 per acre) = $3,300 => Benches (4) x $250 = 1000 x .25 (public) = $250 Grand Total of parks value added: $15,512 Fees assessed: 50 lots x $1000 per lot = $50,000 Credit Carry-over: $14,985 Fees Due: $19,503 The work sheets and Park Board minutes are included in the City Council Packet for further clarification of the discussion and process for their recommendation. If you have any questions please contact me at 481-5581 extension 757. 5E-15 H T N N v m M W 44 N7 fT N N M U � � IL 3 0 O L7 0 In 0 1n 0 In 0 0 0 0 V O O Q O O O 7 O (`') O m In N 0 o V co V 7 0 In C1 O O O O O O O O O O O O O o o 0 o 0 E Q Q E 1O 'x � a � m In 0 O o 0 o 0 0 o o o o O o Lo In O In o o o o O O '- N N O O o N N o t` I- to N O O O O `y - D 0 0 0 0 E a Q Q O x A a „ n eu 'n 0 w o A v > ~O 04 N o O N .D Z w N I N O O I O V O N - O W In N a v E x w - n x m u U A V a7 OJ � N � N N N o7 � •- O � 0 0 J Z O O - J Q 7 F' m O H O N O N O O V N N O o 0 0 U m n c 0 U 7 t9 U Q Ir U m C n a C 'm m C N N C O_ o C) it n- -,O-a N o 0 3 p > C U �n vt O� c In U j ilLU � J # OO a)m S U S .0 y d 9 N 9 m�cv N >. 0U >. JF WF U U Q Q a m co U n a C ._ E U C U O G y D !d <9 - y U> F a02 a. a(" ii m2000 5E-14 O 0 z O { LL Z W W 2 > > O W 0 O a twi�Utwi O N eq O O O � N O R Of tO City of Southlake, Texas 7 MEMORANDUM November 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to Execute a Contract with Dunaway and Associates for the Design of Reconstruction of West Dove Street from S.H. 114 to North White Chapel"Boulevard BACKGROUND Originally, this proposed improvement to W. Dove St. was scheduled to be constructed during FY 98-99. However, the City has agreed to improve W. Dove St. along the frontage of the MTP development as per the developer agreement with them. Therefore, this project has been rescheduled to begin during the current fiscal year. This project also includes the alignment of W. Dove St. with E. Dove St. Attached is the proposed contract with Dunaway and Associates for the surveying and design of the project. The proposed cost of this portion of the project is $14,250.00. The estimated construction cost is $143,690.00, for a total estimated project cost of $157,440.00. RECOMMENDATION Staff recommends Council authorize the Mayor to execute a contract with Dunaway and Associates for the design of reconstruction of W. Dove St. from S.H. 114 to N. White Chapel Blvd. Please place this item on the November 18, 1997 Regular City Council Agenda for City Council review and consideration. CRE/cre Attachment: Proposed Contract 5F-1 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: 'OUNTY OF TARRANT § That the City of Southlake, a municipal corporation situated in Tarrant County, Texas, acting herein by and through Mr. Rick Stacy, its duly elected Mayor, hereinafter called "City", and Dunaway Associates, Inc., acting herein by and through James E. DeOtte, P.E., its duly authorized Vice President, hereinafter called "Engineer", hereby make and enter into the following agreement: ARTICLE I. SERVICES Section 1. For and in consideration of the covenants herein contained, Engineer hereby covenants and agrees as an independent contractor, to perform the services hereinafter described with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The services to be performed by Engineer hereunder shall include rehabilitative design of paving, drainage, pavement marking, culverts and all other necessary design and engineering work for improvements in connection with the following projects and locations: Dove Road from 600' east of SH114 to Whites Chapel. Section 2. The services to be performed by Engineer shall also include the following (also see Attachment #1): 1) When requested by the City, the Engineer shall attend preliminary conferences with authorized representatives of the City regarding the project and such other conferences as may be necessary in the opinion of the City so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to instruction from the City. 2) The Engineer shall attend such conferences with officials of other agencies as may be necessary in the opinion of the City for coordination of the proposed street and storm drain improvements with the requirements of such other agencies. It shall be the Engineer's duty hereunder to secure necessary information from such agencies. 3) The Engineer shall advise the City with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The Engineer shall also advise the City concerning the results of same. Such surveys, tests, and investigations shall be made only upon authorization by the City. 4) During the Concept Phase the Engineer shall coordinate with all utilities as to any proposed utility lines or adjustment to existing utility lines within the project limits. The Engineer shall show the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines. The Engineer shall also evaluate the phasing of the utility work as a factor in the actual drainage improvements as a part of the final plans of the project (Phase 3). 5) The Engineer shall provide necessary field surveys. 6) Engineer shall provide detailed design data, cross -sections, profiles, drainage calculations, estimates of cost and complete detailed plans and specifications. Design guidance shall be obtained from NCTCOG, TsDOT, and AASHTO. 7) The Engineer shall submit three (3) copies of plans in preliminary form. The engineer shall submit to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary plans shall indicate location of existing/proposed utilities and storm drain lines. 8) The Engineer shall furnish three (3) copies of detailed Final Drawings and three (3) copies of Specifications for Construction as authorized by the City for use in obtaining bids, awarding contracts, constructing and completing the proposed improvements. The Engineer H:1WP\979702300\COMRaCT.JED l - 5F-2 shall fiunish and indicate on the plans the location of existing and proposed utilities and storm drains. 9) The Engineer shall furnish ten (10) copies of Final Construction Drawings and ten (10) bound copies of the Contract Documents containing the Notice to Bidders, Proposal, Labor Rates, Experience Records, General and Special Provisions, Specifications, Insurance Statement, Performance and Payment Bonds, and Contract forms. 10) The Engineer shall furnish two (2) copies of detailed cost estimates and proposals for authorized construction, which shall include summaries of bid items and quantities. 11) The Engineer shall secure the approval of the City of the final plans and specifications. Evidence of such approval shall be the signatures of authorized City officials inscribed on the plans. All Contract Documents shall comply in all respects with applicable local, state, and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of the Engineer, its officers, agents, employees and subcontractors for the accuracy and competency of the services performed hereunder, including but not limited to designs, working drawings and specifications or other engineering documents. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any error, omission, defect or negligence in the performance of such services, it being the intent of the parties that approval by the City signifies the City's approval of only the general design concept of the improvements to be constructed. 12) The original drawings of all plans shall be drawn in ink on approved plastic film sheets, or as otherwise approved by the City Engineer, and shall become the property of the City. City may use such drawings in any manner it desires; provided, however that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein. 13) The City shall pay for necessary soils testing and furnish a report of the test information to the Engineer for its use. 14) The Engineer shall determine the rights -of -way and easement needs necessary for the construction of the project and furnish same to the City. The Engineer shall advise the City of necessary land survey, Deed and Abstract Records search, rights -of -way maps, and descriptions of properties to be acquired upon authorization from the City. Preparation of these documents shall be considered an extra charge. ARTICLE II. COMPENSATION For all engineering services performed hereunder, including local travel, supplies and incidentals the City agrees to pay the Engineer a fee in an amount equal to 2.5 times the salary cost of its employees engaged on the project. Salary cost shall be equal to the cost of salaries of employees' time directly chargeable to the project, plus 32 percent for social security contributions, unemployment, excise and payroll tares, unemployment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. The following hourly salary rates shall apply to this contract: Position Principal Project Manager Senior Engineer Senior Technician Technician Senior Draftsman Draftsman Administration/Clerical HAWP\9719702300NC0N7RACT.JED - 2 - Maximum Salary Cost $47.85/Hour $34.90/Hour $27.00/Hour $22.25/1-lour $19.25/Hour $17.75/Hour $12.0011-lour $15.00/Hour 5F-3 The City shall pay the Engineer for all subcontract work authorized by the City at the actual invoice cost. The 'ity shall pay the Engineer for reproduction work at the current commercial rates. �•In no event shall the payment by the City for all work and services performed hereunder exceed the total sum of $14,250.00 for engineering and surveying as outlined in this contract. Method of Pavrnent: Partial payment shall be made monthly upon receipt of an invoice from the Engineer outlining the amount of hours worked by each employee, the employee's name and classification, and the employee's salary rate along with itemized charges for any subcontract, reproduction and survey work performed during the period covered by said invoice. The aggregate of such monthly partial payments shall not exceed the following: Until satisfactory completion of Phase 1 hereunder, a sum not to exceed 35% of the maximum fee. Until satisfactory completion of Phase 2 hereunder, a sum not to exceed 85% of the maximum fee, less previous payments. Until satisfactory completion of Phase 3 hereunder, a sum not to exceed 90% of the maximum fee, less previous payments. Until satisfactory completion of Phase 4 hereunder, a sum not to exceed 100% of the maximum fee, less previous payments. ARTICLE I11. PHASES AND SCHEDULES Engineering work on this project shall be completed according to the following schedule: Phase 1: Concept designs, alternatives, studies and reports in sufficient detail to indicate generally the problems involved and the alternate solutions available including layouts, general right-of-way needs, cost estimates and the Engineer's recommendations. Preliminary construction plans and detailed right-of-way requirements shall be submitted for review by the City and utility companies and other agencies within 60 calendar days after Notice to Proceed. Phase 2: Final construction plans and specifications shall be submitted for final review within 21 calendar days after receipt of City's Phase 1 review comments. Phase 3: Advertising/Bidding Phase shall take approximately 45 days. Phase 4: Construction/As Built Phase shall run for the duration of construction (estimated to be 180 days). Upon completion, the Engineer shall provide one (1) set of As -Built Drawing with.DWG files. ARTICLE IV. COORDINATION WITH OWNER The City shall make available to the Engineer for use in performing services hereunder all existing plans, maps, field notes, statistics, computations and other data in the City's possession relative to existing facilities and to the project. ARTICLE V. PROGRESS REPORT The Engineer shall submit monthly progress reports to the City Engineer. if the Engineer determines in the course of making design drawings and specifications that the cost estimate of $143,690.00 will be exceeded, whether by change in the scope of the project, increased costs or other conditions, the Engineer shall immediately report such fact to the City Engineer. 5F-4 HAWP9719702300%CONTR\CT.JED -3 - ARTICLE VI. TRANSFER OF CONTRACT ne Engineer shall not assign, sublet or transfer, in whole or in part, its interest in this agreement with the prior written consent of the City. ARTICLE VII. TERI IINATION OF CONTRACT Section 1. The city may terminate this contract at any time and for any cause by a notice in writing to the Engineer. Upon receipt of such notice the Engineer shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this contract. Section 2. If the City terminates this contract under the foregoing Section I., the City shall pay the Engineer a reasonable amount for services performed prior to such termination, which payment shall be based upon the 'payroll cost of employees engaged on the work by the Engineer up to the date of termination of the contact and for subcontract, reproduction, and survey work in accordance with the method of compensation stated in ARTICLE II. hereof. Section 3. All completed or partially completed reports prepared under this contract, including the original drawings, shall become the property of the City when the contract is terminated, and may be used by City in any manner it desires; provided, however, that the Engineer shall not be liable for the use of such drawings for any project other than the project described in this contract. ARTICLE VIII. INDEPENDENT CONTRACTOR Engineer covenants and agrees that it will perform the work hereunder as an independent contractors, and not as an officer, agent, servant, or employee of the City; that the Engineer shall have exclusive control of and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; that the doctrine of respondeat superior shall not apply as between the City and the Engineer, its Ticers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed 1%4..,, creating a partnership or joint enterprise between City and Engineer. ARTICLE IX. DISCLOSURE By signature of this contract, the Engineer warrants to the City of Southlake that he has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed project and business relationships with abutting property owners. The Engineer further warrants that he will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this contract and prior to final payment under the contract. ARTICLE X. INSURANCE The Engineer shall not commence work under this contract until it has obtained Professional Liability Insurance as required hereunder and such insurance coverage has been approved by the City. Such insurance shall be in the minimum amount of S250,000.00 and shall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be maintained throughout the period which Engineer fumishes its services hereunder and shall not be canceled, modified or altered in any manner without prior written notice to the City. In this connection, upon the signing and return of this contract by the Engineer, a Certificate of Insurance shall be furnished to the City as evidence that the insurance coverage required herein has been obtained by Engineer, and such certificate shall contain the provision that such insurance shall not be canceled, modified or altered with thirty (30) days prior written notice to the City. ARTICLE XI. RIGHT TO AUDIT (a) The Engineer agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Engineer involving transactions relating to this contract. The Engineer agrees that the City shall have access during normal working hours to all necessary Engineer facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give the Engineer reasonable advance notice of intended audits. 5F-5 HAWPI97970:30TCONTR4CT.JED - 4 - (b) The Engineer further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such consultant, involving transactions to the subcontract, and, further, that City shall have access during normal working hours to all consultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. The City shall give the consultant reasonable advance notice of intended audits. ARTICLE XII. VENUE Venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas. IN WTINESS WHEREOF, the parties hereby have executed this agreement in triplicate originals on this date, the _ day of 1997. CITY OF SOUTHLAKE DUNAWAY ASSOCIATES, INC. (ENGINEER) By: By: ' Mr. Rick Stacy, Mayor J s E. DeOtte, P.E., R.P.L.S., President .TEST: City Secretary H:%%W7\9702300\C0M'RACT.IED - 5 - Address: 1501 Merrimac Circle, Suite 100 Fort Worth, Texas 76107-6572 ATTEST: Secretary 5F-6 FEE SUMMARY 1. Dove Road (1800 L.F.) a. Engineering $9,000.00 b. Surveying $4,750.00 Sub -total $13,750.00 Reproduction/Printing $500.00 TOTAL $14,250.00 5F-7 � H:1WP197\9702300\SUMMARY.FEE ESTIMATE OF PROBABLE CONSTRUCTION COST ATTACHEMENT 1 SUPPORTING DOCUMENTATION DOVE ROAD (S.H. 114 TO WHITES CHAPEL) 1800 L.F. ITEM NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL COST 1. Clearing/grubbing 1.6 AC • $5,000.00 8,000.00 50' RO.W. - 22' PVMT 2. Earthwork 2000 CY 3.50 7,000.00 3. Leveling Compand Type D 500 TN 32.00 12,800.00 4. HMAC (AVG 2") 500 TN 32.00 21,120.00 22' wide 5. Culvert (24" R.C.P.) 150 LF 25.00 3,750.00 6. End Wall Treatments 8 EA 300.00 2,400.00 7. Hydromulching 8,000 SY .80 6,400.00 8. Utility Adjustment/Rel LS 1,000.00 1,000.00 9. Drive Reconstruction 10 EA 500.00 5,000.00 10. Pavement Marking/Signage 2400 LF 2.00 4,800.00 11. Detour Signage/Marking 1 LS 5,000.00 5,000.00 Safety Flagment 12. Petro Mat 39,600 SF 1.00 39,600.00 SUBTOTAL $114,950.00 25% CONTINGENCIES 28,740.00 TOTAL $143,690.00 ENGINEERING 9,000.00 SURVEY 4,750.00 EST OF PROBABLE CONST. COST - DOVE RD H:\W P\9719702300\SLJ&1%1ARY.FEE 5F-g nCONTINUED ON MAP 646 --� SCALE W ,MILES CONTINUED ON MAP 25 SCALE IN FEET_- - H a 0 ~1000 r 2000 3000 DETAIL. b1AP SECT 300K PAGE 101, STARTS ON INDEX P,4 5F-9 City of Southlake, Texas MEMORANDUM November 13, 1997 TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Authorization to advertise for bids for fencing at Bob Jones Park Monday, November 17, the Southlake Park Development'Corporation (SPDC) is considering the authorization of advertising for bids for fencing at Bob Jones Park. City Council needs to approve action taken by SPDC in regard to expenses. Please add to the November 18 City Council agenda to consider authorization to advertise for bids for fencing at Bob Jones Park. If you have any questions please contact me at 481-5581, extension 757. Attached: Fence specifications 5G-1 INJ tk OD M a r� 111 a w U > U O Cl City of Southlake, Texas MEMORANDUM November 13, 1997 TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Authorization to advertise for bids for paving at Bob Jones Park Monday, November 17, the Southlake Park Development Corporation (SPDC) is considering the authorization of advertising for bids for paving the parking lots at Bob Jones Park. City Council needs to approve action taken by SPDC in regard to expenses. Please add to the November 18 City Council agenda to consider authorization to advertise for bids for paving at Bob Jones Park. If you have any questions please contact me at 481-5581, extension 757. Attached: Parking lot paving specifications 5H-1 CHEATHAM & ASSOCIATES 1601 E. LAMAR BLVD. SUITE 200 ARLINGTON, TEXAS 76011 ' ENGINEER'S ESTIMATE JOB NO. SHEET 1 OF 1 OWNER: CITY OF SOUTHLAKE JOB NAME: BOB JONES PARK - PHASE 11 PARKING LOT PAVING IMPROVEMENTS DATE: November 14, 1997 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1 STANDARD 6" X 24" CURB & GUTTER L.F. 2,900 10.00 $29,000.00 2 MOUNTABLE 3" X 24" CURB & GUTTER L.F. 2,725 9.75 $26,568.75 3 FINE GRADING & PREPARATIONS/SUBGRADE STAB. L.S. 1 12000.00 $12,000.00 4 6" THICK CEMENT STABIL. SUBGRADE S.Y. 23,375 2.10 $49,087.50 5 DEMENT FOR STABILIZATION TONS 432 95.00 $41,040.00 6 6" THICK HMAC PAVEMENT S.Y. 5,290 12.75 $67,447.50 7 4: THICK HMAC PAVEMENT S.Y. 16,810 9.00 $151,290.00 8 STD. CONCRETE VEHICLE STOPS EA. 144 30.00 $4,320.00 9 STRIPING FOR STD. & ADA SPACES L.S. 1 6000.00 $6,000.00 10 STRIPING FOR FIRE LANES & TRAFFIC CONTROL L.S. 1 4000.00 $4,000.00 11 6" HAMC PAVING OF SWALE CROSSINGS EA. 4 500.00 $2,000.00 12 10' WIDE CONC. DRIVEWAY APRONS EA. 2 175.00 $350.00 13 2" PVC (SCH 40) PIEP/IRRIGATION SLEEVES L.F. 260 8.00 $2,080.00 14 HYDRO MULCHING OF DISTRUBED AREAS L.S. 1 2816.25 $2,816.25 15 EROSION CONTROL SYSTEM L.S. 1 2000.00 $2,000.00 SUBTOTAL CONST. COST $400,000.00 f TOTAL PROJECT COST $400,000.00 5N - z F:\QP\MSouthiake\603\Estimates\Parking Lot.wb2 31 rn 2 x s E— U co L 8g C/) a W F o x Y uw 3 x x J 3 p ~ ¢ N W Q o r a z< o ¢ U J W U um� m U 8 - ax w z m ZJ2� a�N a w x > p a m N Q w x ¢ a N — U Z V J w = Z m ¢ c w x Q X m Y N O • Q V 0 a 3 o<-¢. w z x a Q.ou Z W Q�0 /, �J awr- a O 0 U 0� C) (n c Q C Y Ir Q •� IL cc LL zLLJ -:2 O Q 0 L1J W F p v Z � tnQO a¢mx O N co W F-U3U u uup.2-w }I 1 J 7 O z p < a ¢ N Q a u ZO W OZ m u w m u¢ x m o W w u m w N w u J i w-- 3 u x M W S W N -m m N > — u <J �" N F< p z az < CLJ NZ-z m D J < U < '00. ¢ < N S < . Z O W< Y Z a� oumoc¢r, O J Z m 2 J 3 N < S> p I- rf 3 3 H U z V Z V U Q Q Q — 7 m ¢ v W 2 Q Q c X m Y N p . �p x — x 2 a 2 o zSaQ,uu 6 'OAlB BMD 31iYN WFlON I NIT"38 01, 1N 31Z dStl 'X ddV ) (301M ,02 'XOtlddtll ONllSlx3 P 'OA'H'HdVFA 31lFNA H1HON I( (NIVw3a 01) IN3V4 3AVd 711lVMdSV (301M ,0Z 'XOUddV) ONIISIX3 w ? x E- C-) PEs cn e c g �-72-►� _ � nO Q i E-- O e < F U E - CO _ — F— W Z CO W Q�0 L' LLJ �>J awe 0, a- U(7) Z yam CL o N c Q ' � Q C Q Co �� Q�W Z � viao )Z O r- N F c _ _ ¢ 0 O ~ s U S J T O W Q Q W N F ¢ O o l o z U � u u m � I z m m O J w = Z J 21 J a a S > O Q m N Q W x ¢ a N — V Z V J Q .7m K Y W S < Q N J X m Y N O • a U •• S — x Z W V S zxsa.cu NOU-14-1997 11.46 LAW FIRM RESOLUTION NO. '7 7 fl 617 332 4740 P.02/03 A RESOLUTION OF THE CITY COUNCIL OF SOUTHLA_KF, TEXAS, DECLARING THE RESULTS OF THE NOVEMBER 4, 1997 ELECTION JHEI.D TO DET IKINE WHETHER TO 119POSE A SALES AND USE TAX FOR THE PURPOSE OF FINANCING THE OPERATION OF A CRIlVIE CONTROL AND PREVENTION DISTRICT. WHEREAS, on November 4, 1997, an election was held in accordance with Article 2370c-4 V.A.T.C.S. for the purpose of voting on the adoption of a sales and use tax for the purpose of financing the operation of a crime control and prevention district in the City Southlake, Texas; and WHEREAS, Section 323.405 of the Tax Code requires that the governing body shall declare the results of the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. At a special election held on November 4, 1997, the following proposition was submitted to the voters and approved: "The creation of the Southlake Crime Control and Prevention District dedicated to crime reduction programs and the adoption of a proposed local sales and use tax at a rate of one-half of one percent_" SECTION 2. Votes were cast as follows: For the proposition: votes Against the proposition: votes Therefore the proposition was approved by votes. SECTION 3. The City Secretary is directed to immediately send to the comptroller by certified or registered mail, a certified copy of this resolution, along with a map of the City of Southlake clearly showing its boundaries. .J T-1 NOV-14-19W 11:46 LAW FIRM 617 332 4740 P.03iO3 SECTION 4. (ow, This resolution shall be in full force and effect from and after its passage and it is so resolved_ PASSED AND APPROVED TMS DAY OF , 1997. ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY A flfleati.ta6.�.�iime2ax A 2 MAYOR TOTAL P.03 3 City of Southlake, Texas MEMORANDUM November 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to Execute a Lease Agreement with NEXTEL Communications for the Placement of an Antenna on the Bicentennial Park Water Tower BACKGROUND NEXTEL Communications has requested to lease space on the Bicentennial Park water tower for the placement of cellular antennas. The City has leased space to several other companies for antennas, including Sprint and Primeco. The amount of the lease is $11,040.00 annually. This is a standard lease agreement, except for the following sections: • 3.A.- NEXTEL has requested to make monthly payments of the annual rent. • 10.A.- NEXTEL proposes being given 90 days for the removal of equipment upon termination of the agreement, as opposed to immediate removal. • 19.A. and C.- Owner agrees to provide NEXTEL with three days written notice prior to any operations on the tower that may interfere with their antenna, except in case of an emergency when prior notice cannot be reasonably given. NEXTEL will have a representative present at the Council Meeting to answer any questions that Council might have. RECOMMENDATION Staff recommends that Council authorize the Mayor to enter into a lease agreement with NEXTEL Communications for the placement of an antenna on the Bicentennial Park water tower. Please place this item on the November 18, 1997 Regular City Council Agenda for City Council review and consideration. CRE/cre Attachments: Lease Agreement Site Drawings 5J-1 GROUND AND TOWER LEASE AGREEMENT SITE ID: R0036A THIS GROUND AND TOWER LEASE AGREEMENT ("Lease") is entered into as of this day of , 1997, by and between City of Southlake, Texas, a municipal corporation ("OWNER") and NEXTEL of Texas, Inc., a Delaware Corporation, d.b.a., NEXTEL Communications ("NEXTEL"). In consideration of the premises and of the mutual obligations and agreements in this Lease, the parties agree as follows: THE PROPERTY A. OWNER is the titleholder of that certain real property commonly known as Bicentennial Park Water Tower ("Tower") at 635 Brewer St., City of Southlake, County of Tarrant, State of Texas ("OWNER's Property") which is described on the attached Exhibit "Al." The parties agree that the legal description of OWNER's Property may be attached as Exhibit "Al" after execution of this Lease. B. NEXTEL hereby desires to lease a portion of OWNER's Property, and a certain portion of the elevated water storage tank ("Tower") located on OWNER's Property, together with obtaining a right of access and a right to install utilities (the "Property") as set forth in Exhibit "AT'. The Property and landscaping requirements, including any fencing, are to be determined by the OWNER. In addition, NEXTEL shall have the right to run cables and wires under, over and across OWNER's Property to connect NEXTEL's equipment on the Tower to its equipment in its facility located on the Property as approved by OWNER. NEXTEL may park its vehicles on OWNER's Property when NEXTEL is constructing, removing, replacing, and/or servicing its ^ommunications facility. Nl..- C. NEXTEL covenants and agrees that it has inspected the Tower and the Property and that it does not rely on any representation of OWNER as to the condition of the Property or Tower or their suitability for the purposes and uses herein intended. NEXTEL accepts the Property in its present condition and finds it suitable for the purposes herein intended. OWNER hereby grants NEXTEL the right to obtain a title report, soils tests, and other engineering procedures or environmental investigations on, under and over the Property necessary to determine that NEXTEL's use of the Property will be compatible with NEXTEL's engineering specifications, system, design, operations and Governmental Approvals (hereinafter defined). D. OWNER and NEXTEL further agree that the Property (including an access right-of-way thereto but excluding the space on the Tower) may be surveyed by a licensed surveyor at the sole cost of NEXTEL, and such survey shall then replace Exhibit "AT' and become a part hereof and shall control to describe the Property in the event of any discrepancy between such survey and the description contained in Paragraph I.B. above. 2. LEASE AND EASEMENT OWNER leases the Property to NEXTEL and grants to NEXTEL a non-exclusive easement (during the term of this Lease) to access the Property (seven [7] days a week, twenty-four [24] hours a day) and to install, remove, replace, and maintain utility cables, conduits and pipes from the Property to the appropriate, in the discretion of NEXTEL, source of electric and telephone facilities. 3. TERM AND RENT A. This Lease shall be for a initial term of five (5) years beginning on , 1997 ("Commencement Date") at an Annual Rent of eleven thousand forty dollars ($11,040), which rent shall be paid monthly, on or before the first day of each month in twelve (12) equal monthly payments, beginning on the Commencement Date and on each anniversary thereof (partial GROUND AND TONER LEASE AGREEMENT (Revised 5-6-97) 5J-2 months prorated) to OWNER or as OWNER may otherwise direct from time to time in writing at least thirty (30) days before any rent payment date. B. NEXTEL is granted options to extend this Lease on these same terms and conditions for five (5) additional five year extension period(s) after the original term expires. This Lease shall automatically be extended for the next extension period �rt the end of the then -current term subject to the termination requirements in Section 5. C. The Annual Rent for each extension period shall be the Annual Rent in effect for the final year of the prior term or extension period, as the case may be, increased by fifteen percent (15%). D. Should this Lease still be in effect at the conclusion of all the extension periods provided for herein, this Lease shall continue in effect upon the same terms and conditions [other than Annual Rent which shall be an amount equal to the Annual Rent in effect for the prior one (1) year period, increased by Paragraph 3.C. above for a further period of one (1) year, and for like annual periods thereafter, until and unless terminated by either party by giving to the other at least ninety (90) days prior written notice. 4. USE OF THE PROPERTY A. NEXTEL may use the Property for any lawful purpose, relating to construction, removal, replacement, maintenance, security and operation of a communications facility, including, without limitation, required NEXTEL antenna array (as such antenna array may be modified, added to or substituted from time to time) and antenna support structures, an electronic equipment shelter not to exceed 200, sq feet and for any other uses incidental thereto. NEXTEL shall not use or permit the Property to be used for any purposes other than described above without the written consent of OWNER, which consent will not be unreasonably withheld. Each such antenna or antenna support structure may be configured as requested by NEXTEL from time to time provided NEXTEL obtains, pursuant to Paragraph 4.13. , all permits and approvals required by applicable jurisdictions for such requested configuration notwithstanding the above. OWNER shall approve, disapprove or request modifications to plans for any improvements or modifications installed by NEXTEL on the Property, which review and action shall not be unreasonably withheld or delayed. Improvement of the Property to meet NEXTEL's needs shall be at NEXTEL's sole expense, and NEXTEL shall maintain such improvements to the Property in a reasonable condition throughout the term. B. OWNER acknowledges that NEXTEL's ability to use the Property for its intended purposes is contingent upon �EXTEL's obtaining and maintaining, both before and after the Commencement Date, all of the certificates, permits, licenses and other approvals (collectively, "Governmental Approvals") that may be required by any federal, state or local authority for the foregoing uses and improvements to the Property desired by NEXTEL. OWNER shall cooperate with NEXTEL in NEXTEL's efforts to obtain such Governmental Approvals and shall take no action that would knowingly or intentionally adversely affect NEXTEL's obtaining or maintaining such Governmental Approvals, so long as NEXTEL is in compliance with applicable provisions of the Southlake City Charter, ordinances, and rules. 5. TERM HNATION Provided NEXTEL is not in default hereunder, if any of the following occurs, NEXTEL shall have the right to immediately terminate this Lease by giving written notice to OWNER of such termination. A. NEXTEL determines, in its sole discretion, that it will be unable to obtain all necessary Governmental Approvals for NEXTEL intended use of and improvements to the Property desired by NEXTEL; or B. NEXTEL's application for any Governmental Approvals necessary for NEXTEL's use of the Property and improvements desired by NEXTEL's is denied; or C. any Governmental Approvals necessary for NEXTEL's use of the Property and/or improvements to the Property, whether now or hereafter desired by NEXTEL, are canceled, expired, lapsed or are otherwise, terminated or denied so that NEXTEL, in its reasonable judgement, determines that it will no longer be able to use the Property for NEXTEL's intended use; or GROUND AND TOWER LEASE AGREEMENT (Revised 5-6-97) 5J-3 2 D. the Federal Communications Commission allocates the frequencies at which NEXTEL may operate its antennas and equipment and may from time to time change such frequencies. Any change of this nature that, in NEXTEL's reasonable judgement, renders its operation of a wireless communications facility at the Property obsolete; or E. if NEXTEL determines that the Property has become unsuitable for NEXTEL's operations due to changes in '�,,,ystem or network design or in the types of equipment used in such operations or NEXTEL's operations at the Property become unprofitable. F. Provided NEXTEL is not in default hereunder and shall have paid all rents and sums due and payable to OWNER by NEXTEL, NEXTEL shall have the right to terminate this Lease at any time after ten (10) years upon one (1) year prior written notice to OWNER. OWNER shall have the right to terminate this Lease at any time after five (5) years upon one (1) year prior written notice to NEXTEL. Notwithstanding anything contained herein to the contrary, OWNER shall have the right to terminate this Lease at any time upon thirty (30) days prior written notice to NEXTEL should OWNER, in its sole discretion, determine that the Tower upon which NEXTEL's equipment is installed will be removed or dismantled. 6. ASSIGNMENT AND SUBLETTING NEXTEL may not assign, or otherwise transfer all or any part of its interest in this Lease or in the Property without the prior written consent of OWNER, provided, however, that NEXTEL may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in -interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Lease. OWNER may assign this Lease upon written notice to NEXTEL, subject to the assignee assuming all. of OWNER's obligations herein. Notwithstanding anything to the contrary contained in this Lease, NEXTEL may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Lease to any financing entity, or agent on behalf of any financing entity to whom NEXTEL(I) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 7. FIRE OR OTHER CASUALTY 1r.. A. If the Tower, or access to it, is damaged or destroyed by a casualty, OWNER shall deliver written notice to NEXTEL within twenty (20) days after receipt of notice from OWNER's insurance company, which notice from OWNER sets forth OWNER's election (a) not to repair, restore and/or reconstruct the Tower, or (b) to repair, restore and,"or reconstruct the Tower. If, as a result of any such casualty, the Property becomes totally or partially unusable by NEXTEL, rent shall abate from the date of such casualty and during the period of repair in the same proportion to the total rent as the portion of the Property rendered unusable bears to the entire Property. If OWNER elects to repair, then OWNER shall promptly commence appropriate repairs (to be diligently prosecuted to completion entirely at OWNER's expense), and this Lease shall continue in full force and effect. B. Notwithstanding anything contained herein to the contrary, OWNER is under no duty or obligation to repair the Tower in a mariner that would accommodate NEXTEL's equipment or antenna array. In the event that following repairs, the Tower is no longer suitable for NEXTEL's intended uses, NEXTEL's sole remedy shall be to terminate this Lease. C. If OWNER (a) undertakes the repair, restoration and/or reconstruction of the Tower or of any access thereto but fails to complete such repair, restoration, and/or reconstruction within forty-five (45) days after the casualty, or (b) notifies NEXTEL of OWNER's intention not to repair, restore and/or reconstruct the Tower, or fails to deliver to NEXTEL the written notice required under Paragraph TA. within twenty (20) days, then NEXTEL may immediately cancel this Lease by giving written notice of its election to cancel to OWNER. 8. INDEMNIFICATION AND INSURANCE A. NEXTEL SHALL HOLD HAWK LESS, INDENT I IIFY, AND DEFEND OWNER FROM ANY AND ALL CLAIMS, OBLIGATIONS, LIABILITIES, COSTS, DEMANDS, DAMAGES, EXPENSES, SUITS, OR CAUSES OF ACTION, INCLUDING COSTS AND REASONABLE ATTORNEY'S FEES, WHICH MAY ARISE OUT OF: 1) ANY GROUND AND TOWER LEASE AGREEMENT (Revised 5 5J-4 3 INJURY, DEATH OR DAMAGE ARISES OUT OF OR IS ATTRIBUTABLE TO OR RESULTS FROM THE NELIGLIGENT ACTS OR OMISSIONS OF NEXTEL OR NEXTEL'S PRINCIP_4LS, EINIPLOYEES OR AGENTS DIRECTLY RELATING TO NEXTEL'S USE AND OPERATION OF THE COMMUNICATION FACILITY ON THE PROPERTY. I-- B. EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH 8A, IN THE EVENT OF JOINT AND CONCURRING RESPONSIBILITY OF THE NEXTEL AND OWNER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH TEXAS LAW, WITHOUT WAIVING, -',NY DEFENSE OF THE PARTIES UNDER TEXAS LAW. C. OWNER SHALL HOLD HARMLESS, INDEMNIFY, AND DEFEND NEXTEL FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, COSTS AND EXPENSES ARISING OUT OF OR RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF OWNER, ITS AGENTS, REPRESENTATIVES OR SUB CONTRACTORS, INCLUDING WITHOUT LIMITATION, THE FAILURE OF ANY SUCH PERSON OR ENTITY TO EXERCISE DUE CARE WITH RESPECT TO THE NEXTEL'S COMMUNICATION FACILITY ON THE PROPERTY. D. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. E. NEXTEL shall provide OWNER with a certificate of insurance, issued by an insurance company licensed to do business in the state in which the Tower is located indicating that NEXTEL carries comprehensive general liability insurance with limits of liability thereunder of not less than: bodily injury: $500,000 for injury to any one person and $1,000,000 for all injuries sustained by more than one person in any occurrence; property damage: $1,000,000 for damage as a result of any one accident. Such insurance shall name OWNER as an additional insured with respect to the Property. NEXTEL will provide OWNER with a renewal certificate within thirty (30) business days of each renewal. Any insurance required to be provided by NEXTEL under this Paragraph 8 may be provided by a blanket insurance policy covering this the Property and other locations of NEXTEL, provided such blanket insurance policy complies with all of the other requirements of this Lease with respect to the type and amount of insurance required. NEXTEL may also fulfill its requirements under this Paragraph 8 through a program of self- -isurance, subject to approval by OWNER, which approval shall not be unreasonably withheld. If NEXTEL elects to self -insure, •n NEXTEL shall furnish OWNER with a letter stating that there is a self-insurance program in effect that provides for the same, �r greater, coverage than required of NEXTEL herein. All insurance policies furnished under this provision shall name OWNER as an additional insured. NEXTEL agrees to furnish OWNER with certificates of insurance certifying that NEXTEL has in force and effect the above specified insurance. The certificate and renewal certificates shall provide that insurance shall not be canceled or changed unless 30 days' prior written notice is just given to OWNER. "All such insurance required to be provided hereunder shall contain endorsements that (I) such insurance shall not be canceled or amended with respect to OWNER or OWNER's designees except upon thirty (30) days prior notice to OWNER or OWNER's designees by the insurance company, (ii)NEXTEL will be solely responsible for payment of any premiums (iii) in the event of payment of any loss covered under the policy, OWNER or OWNER's applicable loss, and (iv) NEXTEL's insurance is primary in the event of overlapping coverage which may be carried by OWNER." F. Each hazard insurance policy carried by or on behalf of NEXTEL insuring NEXTEL's antennas and equipment located on or about the Property shall provide standard extended coverage, including without limitation, coverage against losses caused by fire. The parties further agree and hereby release each other with respect to any claim (including a claim for negligence) which the other party may have against such party for loss, damage or destruction of, or liability for damages to, the property of the other occurring during the term of this Lease, as same may be extended, and normally covered under a fire insurance policy with extended coverage. Notwithstanding anything contained in this Lease to the contrary, the provisions of this Subparagraph 8.F. shall control. UTILITIES A. NEXTEL shall be responsible directly to the serving entities for all utilities required by NEXTEL's use of the Property; however, OWNER agrees to cooperate with NEXTEL in its efforts to obtain utilities from any location provided by the OWNER or the servicing utility. Should electric power be provided by OWNER, NEXTEL will install an electric meter and NEXTEL's usage shall be read by OWNER or, at OWNER'S option, by NEXTEL, on an annual basis and the cost of electricity GROUND AND TOWER LEASE AGREEMENT (Revised -5-6-97) 4 SJ-5 used by NEXTEL shall be paid by NEXTEL to OWNER annually as a payment separate from rent and shall be computed at the then -current public utility rate. B. Should a power outage occur so that NEXTEL is unable to operate using power from the electric utility, NEXTEL ay operate with a back-up generator, but only until electric utility power is restored to the site. 10. RIGHTS TO EQUIPMENT; CONDITION ON SURRENDER A. NEXTEL's antennas and equipment shall remain personal to and the property of NEXTEL. Within ninety (90) of the termination or expiration of this Lease, if notice is received from OWNER, NEXTEL shall remove its antennas and/or equipment. NEXTEL shall repair any damage caused by such removal, and shall otherwise surrender the Property at the expiration of the term, as same may have been extended, or earlier termination thereof, in good condition, ordinary wear and tear, damage by fire and other casualty excepted. Any of NEXTEL's equipment or other property that has not been removed from the Property within ninety (90) days from the time of Lease termination shall be deemed abandoned by NEXTEL and OWNER shall be free to dispose of same in any manner OWNER chooses and without any liability to NEXTEL therefor`. From the time NEXTEL receives notice to remove its equipment upon expiration or termination -of this Lease, NEXTEL shall pay OWNER 150 percent rent for the time up to ninety (90) days that NEXTEL's equipment is not removed from the property. B. Any claims relating to the condition of the Property must be presented by OWNER in writing to NEXTEL within one hundred eighty (180) days after the removal of antennas and equipment by NEXTEL or OWNER shall be deemed to have irrevocably waived any and all such claims. 11. NEXTEL DEFAULTS A. The occurrence of any one or more of the following events shall constitute an "Event of Default" hereunder by NEXTEL: (1) The failure by NEXTEL to make any payment of rent or any other payment required to be made by NEXTEL hereunder, as and when due, where such failure shall continue for a period of ten (10) days after written notice thereof ;s received by NEXTEL from OWNER. (2) The failure by NEXTEL to observe or perform any of the covenants or provisions of this Lease to be observed or performed by NEXTEL, other than specified in Paragraph 11. A. (1), where such failure shall continue for a period of thirty (30) days ten after written notice thereof is received by NEXTEL from OW`N'ER; provided however, that it shall not be deemed an Event of Default by NEXTEL if NEXTEL shall commence to cure such failure within said thirty (30) days ten period and thereafter diligently prosecutes such cure to completion. B. If there occurs an Event of Default by NEXTEL, in addition to any other remedies available to OWNER at law or in equity, OWNER shall have the option to terminate this Lease and all rights of NEXTEL hereunder. 12. NOTICES All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or to any other mailing address which the party to be notified may designate to the other party by such notice) or as otherwise provided under applicable state law. Should OWNER or NEXTEL have a change of address, the other party shall immediately be notified as provided in this Paragraph of such change. Unless OWNER otherwise specifies in writing, rent checks from NEXTEL shall be sent to the person listed below to whom notices are sent. NEXTEL: NEXTEL of Texas, Inc., a Delaware Corporation, d.b.a., NEXTEL Communications Address: 1800 West Loop South Suite 1400 Houston, TX 77027 Attn..: Property Manager GROUND AND TONER LEASE AGREEMENT (Revised 5-6-9 7) 5J-6 With a copy to: Nextel Communications 1505 Farm Credit Drive Suite 100 McLean, VA 22102 Attn.: Legal Dept., Contracts Manager 4N-.- OWNER: City of Southlake, Texas Attn.: Curtis E. Hawk, City Manager Address: 667 North Carroll Avenue Southlake, Texas 76092 Telephone Number: (817)481-5581 Extension 702 13. SALE OR TRANSFER BY OWNER Should OWNER, at any time during the term of this Lease, sell, lease transfer or otherwise convey all or any part of OWNER'S Property to any transferee other than NEXTEL, then such transfer shall be under and subject to this Lease and all of NEXTEL's rights hereunder. 14. HAZARDOUS SUBSTANCES A. NEXTEL represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws (as defined in attached Exhibit "B"). OWNER represents and warrants that it has received no notice of, nor has any knowledge of, any violations of any Environmental Laws affecting the Property. OWNER represents and warrants that, to the best of its knowledge, the Property has never been used for the use, generation, storage or disposal of Hazardous Substances as defined in Exhibit `B" attached hereto. B. OWNER shall be responsible for, and shall promptly conduct any investigation and remediation as required by qny Environmental Laws or common law, of all spills or other releases of Hazardous Substances, not caused by NEXTEL, that ve occurred or that may occur on the OWNER's Property, arising from OWNER's activities on the Property. C. NEXTEL agrees to defend, indemnify and hold OWNER harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that OWNER may suffer due to the existence or discovery of any Hazardous Substance on the OWNER's Property or the migration of any Hazardous Substance to other properties or released into the environment arising from NEXTEL's activities on the Property during the term of this Lease. D. OWNER agrees to defend, indemnify and hold NEXTEL harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that NEXTEL may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment, arising from OWNER's activities on the OWNER's Property during the term of this Lease. 15. CONDENINATION A. In the event the whole of OWNER's Property, including without limitation the Property and Tower, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then this Lease shall forthwith automatically cease and terminate. B. In the event any portion of the Property, including without limitation the Tower, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then OWNER agrees that NEXTEL may use and/or construct upon an alternative portion of OWNER's Property which is equally suitable for NEXTEL's purposes, provided such space is available. The exact site to which NEXTEL may relocate will GROUND AND TOWER LEASE AGREEMENT (Revised 5-6-97) 6 SJ-7 be determined by OWNER, and it may be upon any portion of OWNER's Property (or other property owned or controlled by OWNER) provided that NEXTEL reasonably approves the site as equally suitable for NEXTEL's intended uses. OWNER will designate a site to which NEXTEL may relocate prior to the taking, condemnation or sale. In the event no alternative portion of the OWN"ER's Property is equally suitable for the purposes of NEXTEL, then NEXTEL may terminate this Lease wit no further bligation to pay rent. C. OWNER shall receive the entire condemnation award for land, Tower and such other improvements as are paid for by OWNER, and NEXTEL hereby expressly assigns to OWNER any and all right, title and interest of NEXTEL now or hereafter arising in and to any such award. NEXTEL shall have the right to recover from such authority but not from OWNER, any compensation as may be awarded to NEXTEL on account of the leasehold interest of NEXTEL now or hereafter arising in and to any such award. NEXTEL shall have the right to recover from such authority, but not from OWNER, any compensation as may be awarded to NEXTEL on account of the leasehold interest, moving and relocation expenses, and deprecation to and removal of the personal property and fixtures of NEXTEL. 16. LIENS NEXTEL shall keep the Property free from any liens arising out or any work performed, materials furnished, or obligations incurred by or for NEXTEL. NEXTEL shall, within twenty (20) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond. No work which OWNER permits NEXTEL to perform on the Property shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reason of its consent to such work. OWNER shall have the right to post notices that it is not responsible for payment for any such work. 17. TAXES NEXTEL shall be liable for and shall pay to the applicable taxing authority if billed directly to NEXTEL, or to OWNER if billed to OWNER, upon thirty (30) days prior, written notice from OWNER, any and all taxes and assessments levied against any personal property or trade or other fixtures placed by NEXTEL in or about the Property. NEXTEL shall pay as additional rent any increases in real property taxes levied against OWNER's Property, including the Tower, s a result of improvements constructed by NEXTEL on the Property. NEXTEL will not be responsible for any increases in real .property taxes which are a result of reassessment of OWNER's Property due to any sale or transfer of ownership thereof. 18. QUIET ENJOYiVEENT AND NON-INTERFERENCE A. OWNER warrants and agrees that NEXTEL, upon paying the rent and performing the covenants herein provided, shall peaceably and quietly have and enjoy the Property. B. NEXTEL not interfere with the operation ("Harmful Interference") of (1) any radio equipment of the OWNER initiated on the Tower or the Property or (ii) equipment situated on the Tower or the Property by other operators of radio equipment at the Tower site which is employed in uses similar to permissible uses by NEXTEL and which are in existence on the Effective Date of this Lease ("Present Operators"). NEXTEL shall coordinate with OWNERS and all Present Operators to insure that NEXTEL'S frequencies and antenna locations will be compatible with those of OWNER and the Present Operators. (1) In addition if OWNER desires to install new or additional radio communications equipment at the Tower site in the future. NEXTEL agrees to cooperate with the OWNER in the remedying of any radio interference with OWNER's radio equipment, however, in no event shall NEXTEL be required to cease its activities or move its antennas or equipment on the Tower site or relocate the equipment shelter unless such interference is sufficient to disrupt police, fire, or other emergency communication ("Emergency Interference"). (2) In the event there is Harmful Interference to said electronic equipment NEXTEL will promptly take all steps necessary to identify the problem, and , if caused by NEXTEL's equipment, to take all reasonable steps to eliminate said Harmful Interference within ten (10) days after notice from OWNER or such other operator to NEXTEL advising of the Harmful Interference. If the Harmful Interference cannot be eliminated within thirty (30) days of notice thereof, NEXTEL agrees to suspend GROUND AND TONER LEASE AGREEMENT (Revised 5-6-9T 5J-8 operations (transmissions) at the site while the Harmful Interference problems are studied and a means found to mitigate them. If the Harmful Interference cannot be eliminated, then NEXTEL shall, without penalty or further liability, terminate this Lease upon immediate notice to OWNER and remove its equipment shelter and its antenna facilities from OWNER'S property. (3) In the event there is Emergency Interference to the electronic equipment, NEXTEL will immediately aspend operations (transmission) at the Tower site and promptly take all steps necessary to identify the problem, and, if caused by NEXTEL'S equipment, to take all such steps as are necessary to eliminate the Emergency Interference. IF within sixty (60) days the Emergency Interference cannot be eliminated, then NEXTEL may, at its sole election and without penalty or further liability, terminate this Lease upon notice to OWNERS and remove its equipment shelter and its antenna facilities from the Property. (4) During the term of this Lease and any extension thereof, OWNERSshall from time to time lease additional space on the Tower site and on the Property and may grant to such tenants the same non-exclusive easements for access and utilities as are above granted to NEXTEL. Such tenants' intended use of the property leased to them may be similar or substantially the same as the above described use by NEXTEL. OWNER shall not be responsible to NEXTEL for the activities of any other such user as such may affect NEXTEL. However, Landlord shall cause all subsequent users of the Tower site to agree to a clause similar to this paragraph 18 B. , promising to immediately eliminate interference if said user's equipment should interfere with that of NEXTEL or any other user of the Tower site and providing that all then existing tenants and Present Operators on the Tower and at the premises are third -party beneficiaries of such agreement which may be enforced directly by NEXTEL and of any other tenant or user. In the event any such Interference does not cease promptly, NEXTEL shall have the right, in addition to any other rights that it may have at law or in equity, to bring action against the interfering party to enjoin such interference. In the event NEXTEL and the interfering party fail to eliminate such interference, NEXTEL shall have the right to terminate this lease upon ten (10) days written notice to OWNER with no further obligation or liability between OWNER and NEXTEL. C. Comply with all applicable rules and regulations of the Federal Communications Commission, and electrical codes of City of Southlake and for State of Texas. Under this Lease, the OWNER assumes no responsibility for the licensing, operations and/or maintenance of NEXTEL's equipment, antennas, transmission lines or attachments. 1. COORDINATION OF OPERATION A. OWNER agrees (I) to use its best efforts to minimize inconvenience to NEXTEL by using its best efforts not to cause or permit any interruption or interfere with the operations of NEXTEL's antennas or equipment, during the hours of 4:00 p.m. to 7:00 p.m. on any weekday, and (ii) to give NEXTEL three (3) days prior written notice except in the case of emergency where advance written notice cannot be reasonably given, in which event, OWNER shall give NTXTEL telephonic notice (at 1- 888-212-6212) of any repairs, alterations, additions or improvements to be made with respect to the maintenance and operation of the Tower and the Property or of any planned shut downs associated with the Tower for scheduled or routine maintenance that might adversely affect the operation of NEXTEL's wireless communications facility, antennas or equipment. B. Only qualified and adequately insured employees, agents, contractors or persons under NEXTEL's direct supervision will be pemutted to climb the Tower and to install, maintain, or remove NEXTEL's antennas and/or equipment from the Tower. OWNER retains the right to permit its own employees and agents and employees and agents of the subsequent users of the Tower to climb the Tower for the purpose of repair and maintenance or for any other purposes that do not interfere with NEXTEL's use of the Tower, and so long as NEXTEL complies with the provisions of Paragraph 19 of this Lease. C. OWNER shall not permit any person, including without limitation any contractor, employee, agent, tenant, or invitee, to work within a ten (10) foot radius of NEXTEL's antennas unless NEXTEL is notified prior to such activity. OWNER agrees to give NEXTEL three (3) days prior written notice (except in the case of emergency where advance written notice cannot be reasonably given, in which event, OWNER shall give NEXTEL telephonic notice (at 1-888-212-6212) of repairs, alterations, additions, or improvements to be made with respect to the maintenance and operation of the Tower and the Property within such radius of the antennas. GROUND AND TONER LEASE AGREEN[ENT (Revised 5-6-91) 5J-9 E. It is further understood and agreed that OWNER may perform reasonable routine maintenance, painting, etc. of the Tower without compensation or liability to NEXTEL, even though such maintenance and painting may cause interference with NEXTEL's operations. OWNER shall notify NEXTEL at least sixty (60) days prior to any scheduled maintenance or painting on the Tower that will be likely to interfere with the operation of NEXTEL's equipment and allow NEXTEL to construct and operate k mporary facilities on OWNER's Property. OWNER shall not be required to notify NEXTEL prior to performing any emergency N,,.,naintenance on the Tower. F. In addition to the requirements at subparagraph D of this paragraph, NEXTEL covenants and agrees that NEXTEL's equipment, its installation, operation and maintenance will not interfere with the operation of pre-existing radio equipment on the Tower, whether operated by OWNER or other operators prior to installation of NEXTEL's antenna and/or transmission lines on the Tower. NEXTEL shall coordinate with OWNER and all other pre-existing radio equipment at the Tower site in the future. NEXTEL agrees to take all reasonable measures to eliminate any radio interference, as defined and regulated by the Federal Communications Commission, with said pre-existing radio equipment, however, in no event shall NEXTEL be required to remove its antennas or equipment from the Tower. In the event there is harmful radio interference to said pre-existing equipment, NEXTEL will promptly take all steps necessary to identify the problem, and, if caused by NEXTEL's equipment, take all reasonable steps to eliminate said harmful radio interference within tea (10) days after notice from OWNER or such other pre- existing operator to NEXTEL advising of the interference. If said interference cannot be eliminated within thirty (30) days notice thereof, NEXTEL agrees to suspend operations (transmissions) at the Property while the radio interference problems are studied and a means found to mitigate them. If said interference cannot be eliminated, then NEXTEL shall remove its shelter and equipment from OWNER's Property, and this Lease shall thereupon be terminated. 20. LIGHTING OF ANTENNAS OWNER hereby agrees that, if because of NEXTEL's operations on the Property any laws or regulations of the Federal Aviation Administration, Federal Communications Commission or any other relevant governmental agency or body require or recommend that NEXTEL's antennas and/or the Tower be lit and/or marked, NEXTEL may install and maintain such lighting and markings. In no event, however, shall NEXTEL be responsible for the installation or maintenance of any lighting or markings required by the operations of OWNER or any other tenant in the Tower. OWNER will permit NEXTEL access to all portions of the Tower that NEXTEL may need in order to check and replace such required or recommended lighting or marking. 1. BROKERS OWNER and NEXTEL represent to each other that they have not negotiated with any real estate broker in connection with this Lease. 22. ESTOPPEL CERTIFICATES A. OWNER, at the request of NEXTEL, shall provide NEXTEL with a certificate stating: (1) whether OWNER has any claim against NEXTEL and if so, stating the nature of such claim; (2) that OWNER recognizes NEXTEL's right to NEXTEL's antennas, equipment and other property; (3) that NEXTEL has the right to remove NEXTEL's equipment and other property from the Property notwithstanding that same may be considered a fixture under local law; and (4) that OWNER has no interest in and disclaims any interest to NEXTEL's equipment and other property. B. NEXTEL, at the request of OWNER, shall provide OWNER with a certificate stating: (1) that this Lease is unmodified and in full force and effect (or, if there has been any modification, that the same is in full force and effect as modified and stating the modification); (2) whether or not, to NEXTEL's knowledge, there are then existing any set -offs, or defenses against the enforcement of any of the agreements, terms, covenants or conditions hereof upon the part of NEXTEL to be performed or complied with (and, if so specifying the same); and (3) the dates, if any, to which the rent has been paid in advance. 23. WAIVER OF LESSOR'S LIEN A. OWNER waives any lien rights it may have concerning NEXTEL's antennas or equipment which are deemed NEXTEL's personal property and not fixtures, and NEXTEL has the right to remove the same at any time without OWNER's consent. GROUND AND TONER LEASE AGREEMENT (Revised 5-6-97) 9 5J-10 B. OWNER acknowledges that NEXTEL has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the NEXTEL's antennas and equipment (the "Collateral" ) with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, OWNER (1) consents to the installation of the Collateral: (ii) disclaims any interest in the Collateral, as fixtures or w therwise; and (iii) agrees that the Collateral shall be exempt from execution foreclosure, sale, levy, attachment, or distress for any --,.,cent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 24. MISCELLANEOUS PROVISIONS A. This Lease is not a franchise. This agreement does not prevent the OWNER from seeking to implement a franchise on NEXTEL, but NEXTEL does not acknowledge that the OWNER has a right to franchise NEXTEL or waive any right it might have to contest a franchise. B. OWNER warrants and agrees that OWNER is seized of good and sufficient title to and interest in the Property and has full authority to enter into and execute this Lease and that here are no undisclosed liens, judgments or impediments of title on OWNER's Property that would affect this Lease. C. This Lease, including attached exhibits which are hereby incorporated by reference, incorporates all agreements and understandings between OWNER and NEXTEL, and no verbal agreements or understandings shall be binding upon either OWNER or NEXTEL, and any addition, variation, or modification to this Lease shall be ineffective unless made in writing and signed by the parties. D. OWNER agrees that OWNER's Property (including, without limitation, the Tower) and all improvements comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi -governmental authority. All such compliance shall be accomplished at OWNER's sole cost and expense. Except for improvements made by NEXTEL, OWNER, at its sole cost, shall maintain in good condition and repair, the Tower and other improvements upon which the Property is located. NEXTEL agrees that NEXTEL's property and all equipment and improvements erected hereunder shall comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi- vvemmental authority. All such compliance shall be accomplished at NEXTEL's sole cost and expense. NEXTEL, at its sole )st and expense, shall maintain the appearance of all such equipment and improvements in a manner or condition not materially '*�different from that at the time of installation. E. This Lease and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of Texas. Any litigation concerning this Lease shall be conducted in Tarrant County, Texas and the parties hereby agree to the venue and personal jurisdiction of these courts. F. This Lease, and each and every covenant and condition herein, is intended to benefit the Property and shall extend to and bind the heirs, personal representatives, successors and assigns of the parties. G. The parties agree that all of the provisions hereof shall be construed as both covenants and conditions the same as if the words importing such covenants and conditions had been used in each separate paragraph. H. The parties acknowledge that each has had an opportunity to review and negotiate this Lease and have executed this Lease only after such review and negotiation. The language of each part of this Lease shall be construed simply and according to its fair meaning, and this Lease shall not be construed more strictly in favor or against either party. I. At OWNER's option, this Lease shall be subordinate to any mortgage by OWNER which from time to time may encumber all or any part of the Property, provided that every such mortgagee shall recognize (in writing and in a form acceptable to NEXTEL's counsel) the validity of this Lease in the event of a foreclosure of OWNER's interest and also NEXTEL's right to remain in occupancy and have access to the property as long as NEXTEL is not in default of this Lease. NEXTEL shall execute any instruments in a form mutually agreed by the parties as may reasonably be required to evidence this subordination. If, as of the date of execution of this Lease, there is any deed of trust, ground lease or other similar encumbrance affecting OWNER's Property, OWNER agrees to use its best efforts in cooperating with NEXTEL to obtain from the holder of such encumbrance an GROUND AND TOWER LEASE AGREEMENT (Revised 5-6-9" 5J-11 10 agreement that NEXTEL shall not be disturbed in its possession, use and enjoyment of the Property. J. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in such court's opinion to render such condition enforceable and, s so modified, such portion and the balance of this Lease shall continue in full force and effect. K. If either party institutes any action or proceeding in court to enforce any provision hereof, or any action for damages for any alleged breach of any provision hereof, then the prevailing party in such action or proceeding shall be entitled to receive from the non -prevailing party such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing party, together with its other reasonable litigation expenses. L. In addition to the other remedies provided for in this Lease, OWNER and NEXTEL shall be entitled to immediate restraint by injunction of any violation, any of the covenants, conditions, or provisions of this Lease. M. The captions of the paragraphs of this Lease are for convenience of reference only and shall not affect the interpretation of this Lease. IN WITNESS WHEREOF, OWNER and NEXTEL have duly executed this Lease as of the day and year first above written. NEXTEL: NEXTEL of Texas, Inc., a Delaware Corporation, d.b.a., NEXTEL Communications By: - Name Address: J. Walter Hinkle Area President )WNER: City of Southlake, Texas By: _ Name: Its: Tax No: GROUND AND TONER LEASE AGREEMENT (Revised 5-6-97) 5.J-12 11 NOTARIES -GROUND AND TOWER LEASE AGREEMENT PATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of 1997, by , of a corporation, on behalf of the corporation. ❑ by partner (or agent) on behalf of , a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC -STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of 1997, by , of a corporation, on behalf of the corporation. ❑ by partner (or agent) on behalf of , a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC -STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) GROUND AND TOWER LEASE AGREEMENT (Revised 5-6-9 7' 12 5J-13 M:\WP-FILESWGREEMNT\NEXTEL\FLORENCE\LEASE.WPD MY COMMISSION EXPIRES: SM., GROUND AND TOWER LEASE AGREEMENT (Revised 5-6-97) 5J-14 13 EXHIBIT "Al" LEGAL DESCRIPTION SITE ID: R0036A The description of the Property is as follows: BEING; a 5_at acre trstct mivated in the J. J. FMIJOriik SURVEY, A&n7ACT No. 57I, TixrAnt Caurttl►,TMU, and being more pdrttcularlydtsm-ib d by meW udbounds is fdkwsr conyE aw; At a mIrti6d spike farad iA the crater line of Flcm Ct load, said spa z dw be!LV the W thegL* wt71er of z h-&d of luul =Ytycd da.snlea Vir3if as reraorded Lz V. 5955, F 2 i, DKICI, said sfn6 AL+a being the northuvit corner of a nyc: of Lend ccdveyed to C. J. Brewer A.t tt carded in V. 6 F 67, F. 974, Duct' THENCE East Along the etnter linc of Flom= Aaad for a dLA&ncc of 4I0,W feet to s. 1/2 ir.c11 iron pipe fm=4 for curter, said pile being the noctheAst corner of acid Breuer tract, s4d pipe also 1X4 the Jwzth*-W carrier of a tract of land cvt ,&yed b� Everett H, Dads as et:cardcd in V. 70�I0, P. 137, F3MT, THENCE South for a dis ancc -of 865,20 fret to a US inch iron rod set, laid iron being iR dw west line of laid Oava tract, u-0 irva also being the POINT OF BEGINNING of tt a tract of land herein described; THENCE South for A dis=ree of 526.2t� feet b3 a 112 Lech Gtun rod found for corner, said iron wing the southwest corner of mid Oavis t7att, said irar, alw being in the north €int of a tract Cf band c;�nvey� tq 4�m. tip'. Jahn.�n ae rrrt�rd�cf ih v 224�, F_ 334, D^xTC'P• THENCE We -it Ear a distance of 412.50 Feet to i 1/2 inCh iron and found far corner, said iron being iri the ti r"sri lL1e of a Tract of tend eottvcyod to Raya! !w SmiHi tt reco[dcd in V. 4077, D ?. 471, 'bGT, >a F. &W bc'LI-4 the soatheut C:arner of a = of lAnd C=Veyod to Steve Bell et Ux Kaa ryu, a3 McOr^ded in V. 6752, F. 431, i)KTCT, 11fINCE N 00' 07' 27" W for a distance of 526.26 feet to a 3/8 inch imn roof set, said i= be;rsg in the east line of a tract of lane cenve�TA to Wi1l'J Lester DowU et :ix, Vail as rc:ardcd in V. 5 95 5, F. 26, 1)R7C7; THENCE N 63" 59' 52" b for A distance of 413.64 fret to the POINT OF KGiCNL\G xnd containing 5. 0 afore., �2 t 7AO4 square fret) of land more or ksa, TQ C,E'I Ni F W b' *H Ae�� .` M].N T FOR INGR;'� ANg Eu!2iiS oP THE FQT-W W NU C?�S�RIBED r'ROP>rst"tY; OWNER !MtNMA T :RA:' T I,'t'tT:AL.5 GROUND AND TOWER LEASE AGREEMENT (Revised 5-6-97) 5J-15 14 EXHIBIT "AT' DEPICTION OF PROPERTY SITE ID: R0036A The leased Property, as depicted by cross -hatching in the drawing below, is situated within Owner's Property as described in Exhibit "A 1 ". GROUND AND TONER LEASE AGREEMENT (Revised 5-6-97) 15 6J—t 6 EXHIBIT "AY TENANT'S LEASE SPACE ON TOWER EXHIBIT SITE ID: R0036A Antennas will be mounted on the Tower located on Owner's Property described in Exhibit "A 1 ", at a height of T, and oriented at ?, ?°, ?°, and V. �- GROUND AND TOWER LEASE AGREEMENT (Revised 5-6-97) 16 5J-17 EXHIBIT "B" Ground and Tower Lease Agreement dated , 1997 between the City of Southlake, as Owner and NEXTEL of Texas, Inc., a Delaware Limited Corporation, d.b.a., NEXTEL Communications ("NEXTEL") As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or permits pertaining to the protection of human health and/or the environment, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. § § 6901, et seq., the Clean Air Act, 42 U.S.C. § § 7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. § § 1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.Q. § § 1101, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § § 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. § § 2601, et seq., the Oil Pollution Control Act, 33 U.S.C. § § 2701, et seq., and Texas superfund laws, or any other comparable local, state or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. This definition includes all federal, state or local land use laws dealing with environmental sensitivity including, but not limited to, laws regarding wetlands, steep slopes, aquifers, critical or sensitive areas, shorelines, fish and wildlife habitat, or historical or archeological significance. As used in this Lease, "Hazardous Substance" means any hazardous or toxic substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the } esource Conservation and Recovery Act of 1976, as amended from time to time; any and all material waste or substance defined '`r•r as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and their byproducts. GROUND AND TOWER LEASE AGREEMENT (Revised 5-6-97) SJ—t s 17 City of Southiake %011 Lease Proposal 5j_, 9 ' J J N 1313 y-o > �m a N cn v O O N d CD = O N C w Q — N : co4 5 " CO -a X C)o X (D CD A N D x CD 7 0 .. Cl) 5J-20 A O A 0 :T m m w A Land area at base of water tower for proposed Nextel Equipment Shelter (before shelter placement) Digital rendering of proposed Nextel shelter placement at base of water tower 5J-21 c z� w X O N3 C N ? N w W CD 0 xm cn N O = O-0 0 O0X .... .._. ......... ..... .._ (D m N w _0 CD CL = o C m o z.. c to r 7 (n n -0 N w (D x m (D CD C. ................ o � w Q O N (D 0 O 3 3 C O CD u m C CL 0 w m C) N x V ' orny C w m 0 i tnmm CTI N CD X N C h 3 CD Ca CD 0 0 ••........•••..............••••••••••......•••............................... 4................. ,\...•••......•••••••••....•••••• ................•••.....•••...... o m w x n N D 0 o 0 CD o 0 N H N m n w z m (D 3 " CD m a - N. White Chapel Road C o -- v � o m f° w n CD z 3 m (D x 5J-22 City of Southlake, Texas MEMORANDUM November 14, 1997 TO: Shana K. Yelverton, Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Ordinance No. 572-A, 2nd reading, Amendment to the 1991 Edition of the Uniform Fire Code I have attached a final copy of the proposed changes to Ordinance No. 572 of the 1991 Uniform Fire Code, along with recommendations from the North Central Texas Council of Governments. The proposed amendment requires all commercial buildings to have sprinklers installed when the square footage exceeds 6,000 square feet of floor area. Residential one and two family homes are excepted and will not be required to have sprinklers at this time, however, this may be a consideration when we adopt the 1997 Uniform Fire Code later this year. As requested by the Mayor, Deputy Director Wilson did meet with the committee that was formed at the last Council meeting that included David McMahan and Terry Wilkinson. We feel that there was some very positive movement at this meeting. Subjects discussed were 1) use of alternative plumbing for sprinkler systems, 2) the requirement of backflow prevention, and 3) the recognition of separation walls. There will be a second meeting on Monday, November 17, 1997, to further disseminate information. It is our recommendation to the Council and to the building community that this ordinance be passed. It will accomplish the public safety issue in construction and, with the installation of sprinklers at the sites, it will also provide the opportunities to make concessions in the Fire Code to the building community that will provide financial inducements and ease of installation and retrofitting. If you have questions, please feel free to contact Deputy Director Wilson or myself. BC/bls Attachments 7A-1 City of Southiake, Texas MEMORANDUM October 14, 1997 To: Billy Campbell, Director, DPS From: Garland Wilson, Deputy Director, Fire Service Subject: 1997 Uniform Fire & Building Code amendments Over the past few years various concerns from contractors, architects, and builder associations contending with multiple code amendments have surfaced. In an effort to control the wide spread differences in codes, a committee was established from the public and private sectors to address this problem. The Regional Code Coordinating Committee, established through North Central Texas Council of Governments (NCTCOG), consists of representatives from thirteen municipal agencies and nine from the private sector. The chair of the committee is elected from the public sector. Representatives from each sector have worked the past several months to construct regional code amendments for North Central Texas. Two philosophies have emerged from this committee. The first (option A) places emphasis on firefighting - with suppression of fires through external forces. The second (option B) places the emphasis on built-in suppression systems (sprinklers) allowing less commitment of manpower and resources. I have attached the recommended amendments to the 1997 Uniform Building Code (UBC) and the Uniform Fire Code (UFC) from the Regional Code Coordinating Committee of the NCTCOG on sprinkler installation. Their recommendation is to sprinkler all buildings more than six thousand square feet, except one and two family dwellings. The NCTCOG will be recommending cities adopt the new amendments with few changes. Cities adopting the regional amendments will assist contractors, builders and architects in design and construction. Changes in both codes (UFC & UBC) are designed to ensure sprinkler requirements match the fire fighting capabilities of individual municipalities. Later this year I will present the 1997 Uniform Fire Code for adoption including the NCTCOG amendments. I am available for questions or comments you may have. GW/gw Attachment: Options from NCTCOG /A OPTION A 31 (Page 1-33. Section 1003.2.21 item #5 is changed and items #6, #7 & #8 are added to read as follows: 1003 Fire Extinguishing Systems 1003.2 Required Installations. 1003.2.2 All occupancies except Group R, Division 3 and Group U occupancies. 5. Throughout all buildings with a floor level,_"other than penthouses in compliance with Section 1511 of the Building Code BF ffiefe that is located 55 feet (16 764 mm) or more above the lowest level of fire department vehicle access. a. EXCEPTION 3 Open parking siructures. 6. High -Piled Combustible Storage For anv building with a clear height exceeding 15' see Section 8101. 7. SDrav Booths and Rooms New and existing sarav booths and spraying rooms shall be protected by an approved automatic fire -extinguishing systerr. REASON': These changes are necessary to make the Uniform Fire Code compatible with recommended amendments to the Uniform Building Code and to ensure sprinkler requirements march the fire ftgltrin- capabilities of individual municipalities. OPTION B [Pa,': :-_:. Se:',ion 11;A ._.�� !rem =i iN Ch1 I/.' UC2.r iI07IS =h, r U11d Ul"e (li:ciec: TO recrli U.� 1cllioc: is 1003 Fire Extinguishing S}stems 1003.2 Required Installations. 1003.2.2 .all occupancies except Group R. Division 3 and Group L: occupancies. 5. Throughout all buildings with a floor level_ other than penthouses in compliance with Section 1511 of the Building Code. w-:ham eeiupmm laad of 10r FAAthat is located 53 faz: .-6T64 ffi-m4 35 feet 110 6SS mm) or more above the lowest level of ttre department vehicle access. EXCEPTION-S: ;. Aif-,eR 0E?FRF,31= =. Open parking structures. _. _ r' . 6. High -Piled Combustible Storage. For any -building with a clear height excee-ding 1 i' see Section Sinn. 7. Sprav Booths and Rooms. New and existing spray booths and spraying rooms ,hall be Protected by an aooroved automatic fire -extinguishing syst,-m 8. Buildin,s Over 6.000 sa.ft. An automatic Sprinkler system shall be installed throughout all buildings over 6.000 REASON: These ran,,e.i Uri nece.)sar, ro make the Uniform Fire Coca: compur(;7te wirh ro :11e h!1!r*31-171 �'((t:Cl!?,� Code anc: ro ensure .)pr(1Tkier 1Y:/'/!i"e11!e!TI,i !)TatCh tilt',,-!I"eJI�ITrG'1� capabi."sties Dr!11MU!7;:[,7UlrtteS. 7A-3 ORDINANCE NO. 572-A AN ORDINANCE AMENDING ORDINANCE NO.572, THE FIRE CODE OF THE (we CITY; REQUIRING AUTOMATIC FIRE EXTINGUISHING SYSTEMS IN ALL OCCUPANCIES EXCEPT GROUP R, DIVISION 3 AND GROUP U IN WHICH THE FLOOR AREA EXCEEDS 6,000 SQUARE FEET; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has adopted ordinances requiring the installation of automatic fire extinguishing systems in certain occupancies; and WHEREAS, the City Council has determined that it is necessary to amend these requirements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: Section 1. That Section 10.507 of EXHIBIT "A" of Ordinance No. 572, the Fire Code of the City i mended b deleting Subsections d and e , amending the introductory sentence of of Southlake, s a y g () () g Subsection (b), and adding Paragraph 5 to Subsection (b) with exception to read as follows: (b) All Occupancies except Group R, Division 3 and Group U. Except for Group R, Division 3 and Group U occupancies an automatic fire extinguishing system shall be installed: 5. Throughout all buildings containing over 6,000 square feet of floor area. For the purpose of this paragraph, area separation walls shall not be considered as forming separate buildings. EXCEPTION: Open Parking Garages. Section 2. Penalty. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (we Section 3. Cumulative Clause. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas. except where provisions of this ordinance are in direct conflict with the 7A-4 provisions of another ordinance, in which event the conflicting provisions of the other ordinance are hereby repealed. Section 4. Severability Clause. It is hereby declared to be the intention of the City Coun cil that the phrases, clauses, sentences, paragraphs, and sections are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since they would have been enacted by the City Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph, or section. Section 5. Publication The city secretary is directed to publish the preamble and penalty clause of this ordinance at least one time within 10 days after its final passage, in the official newspaper of the city in accordance with Section 3.13(b) of the Southlake Home Rule Charter. Section 6. Effective Date. This ordinance shall be in full force and effect from and after its (W passage and publication as required by law, and it is so ordained. APPROVED ON FIRST READING THIS DAY OF MAYOR ATTEST: CITY SECRETARY 1997. APPROVED ON SECOND READING THIS DAY OF , 1997. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 7A-5 City of Southlake, Texas MEMORANDUM November 14, 1997 TO: Shana K. Yelverton, Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Ordinance No. 619-A, 2nd reading, Amendment to the 1994 Edition of the Uniform Building Code I have attached a final copy of the proposed changes to Ordinance No. 619 of the 1994 Uniform Building Code, along with recommendations from the North Central Texas Council of Governments. The proposed amendment requires all commercial buildings to have sprinklers installed when the square footage exceeds 6,000 square feet of floor area. Residential one and two family homes are excepted and will not be required to have sprinklers at this time, however, this may be a consideration when we adopt the 1997 Uniform Fire Code later this year. If you have questions, please feel free to contact Deputy Director Wilson or myself. (�/ BC1bls Attachments City of Southlake, Texas MEMORANDUM October 14, 1997 To: Billy Campbell, Director, DPS From: Garland Wilson, Deputy Director, Fire Service Subject: 1997 Uniform Fire & Building Code amendments Over the past few years various concerns from contractors, architects, and builder associations contending with multiple code amendments have surfaced. In an effort to control the wide spread differences in codes, a committee was established from the public and private sectors to address this problem. The Regional Code Coordinating Committee, established through North Central Texas Council of Governments (NCTCOG), consists of representatives from thirteen municipal agencies and nine from the private sector. The chair of the committee is elected from the public sector. Representatives from each sector have worked the past several months to construct regional code amendments for North Central Texas. Two philosophies have emerged from this committee. The first (option A) places emphasis on firefighting - with suppression of fires through external forces. The second (option B) places the emphasis on built-in suppression systems (sprinklers) allowing less commitment of manpower and resources. I have attached the recommended amendments to the 1997 Uniform Building Code (UBC) and the Uniform Fire Code (UFC) from the Regional Code Coordinating Committee of the NCTCOG on sprinkler installation. Their recommendation is to sprinkler all buildings more than six thousand square feet, except one and two family dwellings. The NCTCOG will be recommending cities adopt the new amendments with few changes. Cities adopting the regional amendments will assist contractors, builders and architects in design and construction. Changes in both codes (UFC & UBC) are designed to ensure sprinkler requirements match the fire fighting capabilities of individual municipalities. Later this year I will present the 1997 Uniform Fire Code for adoption including the NCTCOG amendments. I am available for questions or comments you may have. GW/gw Attachment: Options from NCTCOG 7B-, OPTION A NJ (Page 1-33. Section 1003.2.21 item #5 is changed and items #6, #7 & #8 are added to read as follows: 1003 Fire Extinguishing Systems 1003.2 Required Installations. 1003.2.2 All occupancies except Group R, Division 3 and Group U occupancies. 5. Throughout all buildings with a floor. level. `other than penthouses in compliance with Section 1511 of the Building Code, that is located 55 feet (16 764 mm) or more above the lowest level of fire department vehicle access. EXCEPTIONS: . .: Open parking strictures. 6. High -Piled Combustible Storage. For anv building with a clear height exceeding 15' see Section 8101. - 7. Surav Booths and Rooms. New and existing sorav booths and soraving rooms shall be protected by an approved automatic fire -extinguishing system REASON': These chan;es are necessan• to make the Uniform Fire Code compatible �Vith recommended amendments to the Uniform Building Code and to ensure sprinkler requirements match the fire flahrin; capabilities of individual municipalities. OPTION B (Pale iiem is c'n.tT, er cincr trems #6. r and ?` are atidea, to reuu us rol/nt: c: 1003 Fire Extinguishing Systems 1003.2 Required Installations. 1003.2.2 all occupancies except Group R. Division 3 and Group U occupancies. 5. Throughout all buildings with a door level. other than penthouses in compliance with Section 1511 of the Buildin_ Code. that is located 55 taaE— 76 mfn4 55 feet (10 68S mm) or more above the lowest level of fire department vehicle access. EXCEPTIONS: 1. AiFff R 3r Open parking structures. 6. HiEzh-Piled Combustible Stora_e. For anv buildin,2 with a clear height exceedin2 15'. see Section S 101. 7. Sprav Booths and Rooms. Ne«- and eXlStin2 sora, booths and soravine rooms ,hall be orotected by an approved automatic tire-extinguishine system. S. Buildings Over 6.000 sq.ft. An automatic sprinkler system shall be installed throuehout all buildings o%•er 6.000 soft. REASON: T, ese than,, e.; are necessity to make the Uniform Fire Code computible tt irh recomnIena-J almenc:mems ro :fie Uniform B:IIlau7, Code and to ensure sprinkler requirements march rile;ire rt,nrin; capabilities o individual municipalities. ORDINANCE NO. 619-A AN ORDINANCE AMENDING ORDINANCE NO.619 THE BUILDING CODE OF THE CITY; REQUIRING AUTOMATIC FIRE EXTINGUISHING SYSTEMS IN ALL OCCUPANCIES EXCEPT GROUP R, DIVISION 3 AND GROUP U IN WHICH THE FLOOR AREA EXCEEDS 6,000 SQUARE FEET; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has adopted ordinances requiring the installation of automatic fire extinguishing systems in certain occupancies; and WHEREAS, the City Council has determined that it is necessary to amend these requirements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: (W Section 1. That Section 904.2.2 of the 1994 Uniform Building Code, City of Southlake, is amended by amending the introductory sentence and adding Subsection 6 with exception to read as follows: Section 904.2.2 All Occupancies except Group R, Division 3 and Group U. Except for Group R, Division 3 and Group U occupancies an automatic fire extinguishing system shall be installed: 6. Throughout all buildings containing over 6,000 square feet of floor area. For the purpose of this paragraph, area separation walls shall not be considered as forming separate buildings. EXCEPTION: Open Parking Garages. Section 2. Penalty. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 3. Cumulative Clause. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake. Texas, except where provisions of this ordinance are in direct conflict with the provisions of another ordinance. in which event the conflicting provisions of the other ordinance are hereby 7B-4 repealed. 19 Section 4. Severability Clause. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since they would have been enacted by the City Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph, or section. Section 5. Publication. The city secretary is directed to publish the preamble and penalty clause of this ordinance at least one time within 10 days after its final passage, in the official newspaper of the city in accordance with Section 3.13(b) of the Southlake Home Rule Charter. Section 6. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED ON FIRST READING THIS DAY OF , 1997. MAYOR ATTEST: CITY SECRETARY APPROVED ON SECOND READING THIS DAY OF APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY MAYOR ATTEST: CITY SECRETARY 7$-S 1997. City of Southlake, Texas STAFF REPORT November 14, 1997 CASE NO: ZA 97-136 PROJECT: Rezoning and Site Plan - The Courtyard at Timarron STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787 Attached is a letter from the applicant requesting that this item be tabled until the City Council meeting on December 16, 1997. L:\COMDEV\WP-FILES\MEMO\97CASES\97-136ZS.TBL 70,-1 NOV.:07' 91 RH 17:40 RCC TEL:8174884200 P. 002 III Realty Capital Richard A. Myers President November 7,1997 VIA FACSIMILE 817-488-9370 City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 ATTN: Greg Last Re: Case #97-136 Dear Greg: Please accept this letter as a request to table the re -zoning of Case #97-136; The Courtyard at Timarron, currently set for December 16, 1997. Please inform me if this request is granted. Should you have auy questions, Please contact me at (817) 488-4200. cerely, chard Myers RAMNw REC'D NOV 101997 920 South ylain Street, Suite 170, Grapevine, Tam 76051 • (817) 488-4200 • fex (817) 488-5257 -�C-2- City of Southlake, Texas STAFF REPORT November 14, I997 CASE NO: ZA 97-143 PROJECT: First Reading / Ordinance No. 480-263 Rezoning and Site Plan - Lot 4R. Block B. North Davis Business Park Addition STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as being Lot 4R, Block B, North Davis Business Park Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 253, Plat Records, Tarrant County, Texas. A Site Plan for Lot 4R, Block B, North Davis Business Park Addition, will be considered with this request. LOCATION: In North Davis Business Park, on the northeast corner of the intersection of Greenwood Drive and Greenbriar Drive. OWNER: Van Til Properties APPLICANTS: Jaime A. and Brenda P. Garcia CURRENT ZONING: "I-V Light Industrial District REQUESTED ZONING: "S-P-1" Detailed Site Plan District with "I-l" Light Industrial District uses and limited "B-2" Commercial Manufacturing District uses to include auto painting facilities, automobile body shops, brake shops, glass shops, seat cover & upholstery shops, transmission shops, automobile repair/service, oil & lube shops, and muffler shops. LAND USE CATEGORY: Industrial NO. NOTICES SENT: Eleven (11) RESPONSES: One (1) response within the 200' notification area was received: James W. Giffin, 3002 Briar Lane, Southlake, Texas, opposed. Mr. Giffin listed several reasons for being opposed to the zoning change request. (Please see attached letter.) City of Southlake, Texas P & Z ACTION: November 6, 1997; Approved (7-0) subject to Site Plan Review Summary No. 1, dated October 31, 1997, eliminating the following uses from the requested zoning: brake shops, glass shops, seat cover & upholstery shops, transmission shops, automobile repair/service, oil & lube shops, and muffler shops; and requiring that no cars in any state of disrepair are allowed to be stationed outside. STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1, dated October 31, 1997, with the exception of those in the attached Site Plan Review Summary No. 2, dated November 14, 1997. Please note that all structures shown on this plan are existing. No new construction is proposed with this plan. L:\COMDEV\WP-FILES\MEMO\97CASES\97-143ZS.WPD $k-Z James W. Giffin 3002 Briar Lane REC'D N 0 V 0 5 1997 Southlake, Texas 76092 488-3308 (office) 329-0358 (home) November 5 1997 Ms. Lori Farwell Community Development Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Reference: ZA 97-143 Dear Lori, Thank you for discussing the above referenced matter which is coming before the Planning and Zoning Commission. I own the properties in North Davis Business Park that are immediately adjacent to the subject property in this requested action. I am opposed to the zoning change request for the following reasons among others: 1. Light industrial zoning is contemplated to include clean types of industrial businesses compatible with the surrounding area. Paint and body shops are not the type of businesses contemplated in I-1 industrial zoning. (W 2. On site storage of paints, thinners and other flammables required in the proposed use poses an unnecessary hazard to adjacent properties. 3. Dust and fume emissions containment will require unsightly exposed exhaust and filtration systems. 4. Normal operations will entail outside storage of vehicles in partial repair during the daytime hours. This will be very unsightly. The subject property is at the very front of Davis Business Park; and consequently, is the first building viewed by all parties driving into the area. 5. This site already has exposed facilities and materials stored outside. The buildings on this site are set back to the rear and side building lines and afford no reasonable area for screen fencing of outside storage or facilities. 6. Further deterioration of the quality of building and allowed uses within this business park, and I-1 areas in general, is not in the best interests of the city and citizens of Southlake. I regret that I may be unable to attend the P & Z meeting on November 6. I would appreciate it if you would submit my comments to the commissioners for consideration. As always, I am available to answer any questions you or any commissioner may have. Thank you for your help. erely yours J�ines W. Giffin / 13A -3 L i 71 FGH 9Cfoa- TRACT MAP 8A-q 1A2B TR 1A 1 .246 .25 AC 13.28 AC 1 TR 1A2A R 1 .36 AC 1 I zx rr li rr 11 5 TR 9s 1qc 83 Y R. MILLER J. GIFFIN J. GIFFIN II 1� a 1 rr rr n "'" WOOD DR TR 2A 1 _ TR , B s 11 6 I .586 AC rr S P 1 rr 1 9.651-1 F 1 fill l of 1 ; R. YANDELL BYLER TR 1B4 2 HILL 1.03 AC IAI a~I 7 R rr l TNT �E �IpI rr 1 rr J. GIFFIN •,� • SUR � 5 e. E. HUGHES CASNER et b 2$ GREENBRJAR DR � 1 N Z 1 cos rrC3rO r DD 0 � s 1 WI +n - Z rr l 1,r GLOBESTAR INC. MIRAGE CARWASH LTD. 1� ,a �. a1 no 1 p A TR 2A3 1 4 7.86 AC 1 I :o $ TR 1B1A 1 I TR 181 TR 1B1B $ �� $ TR 1B1A1 2.73 AC I 2.0 AC 2.70 AC c 3.0 AC 1 E, 1 1 I ��g11 1 9441 O 1 , .e no no CONTMENM A COML40N AREA 1 - a - .2M3 w M - a 1Q 61 p I 1 = 1 I s 35 - 36 - 37 1 34 1900 1 /4oz — AMESBi1RY CT a - IW3 ' I i 30 1 ADJACENT OWNERS a 31 2 1� AND ZONING p 1 I 42 1 I 2 � 29 26 27 28 $A ,S ' 1 � 1Al TR 5 7R SB ee f 1 6 AC I .39 AC .38 AC 25 -4 _ .. 8 `'�G. tYsd3N 4011144Y Maad S'SiNISnB VAN MUCH i A.1016'It I al 3101 C � jA so 1 i i; s3� y dh•.._ s � �y,,apr� i J�' :mil/" ��i � �} c }�}. �� t3}�s 3 _+psi t 2�ii i? 1[;•:'iS �� y a a:�> s � 7�� 3 :4 y;S � •: s K� s}1ii{s�I�-isy, �3 ? : i i i ~ ar 9 S i3 �i� •-Ti�I S'� ai' � r r �� Ji�� O { } 3 3C a 'a• 1 i is .� s - -1 - �F }s S s l z ALI: = r } ? C ] s- �j�ji� 'Sstr + iidi r su J3## 'alp -_- Ji 1 :3i 1 3s - ; _ .! r 1. � 11l� r.: 1 __ d } _aj:i s i° y _337s }:�� j y} [ - = a g33:� a 1 a 1�{! ■ s � ■ a■E I�I� !' -� � lid lJ 1 r r E■E ■-s�j} i ,?��_ e EE � e� 2 ! lsi� is 3 a13ilj ie2 A isnlil ii 2d3si 1 i31 r w h Fx,,, - k!N�� n. I /pw]Y SbtYO/ YS6/ 'WY SA - 6 - 4. a: M off M o` c, a ON City of Southlake, Texas No.: ZA 97-143 Review No: Two Date of Review: 11/14/97 Project Name: Site Plan for S-P-1 Zoning with 11I-1" and limited "B-2" uses - Lot 4R. Block B. North Davis Business Park APPLICANT: ,�. .11 12LIA601, . 1 •t •l.• SURVEYOR: IT, X1 '1• •will) s • 1 , CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/10/97 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. Please note that all structures shown on this plan are existing. No new construction is proposed with this plan. ' . The following changes are needed with regard to bufferyards: a. The required bufferyards and plantings are as shown on. Place the attached Bufferyard Calculation Chart on the face of the plan. b. The existing pavement adjacent to the north property line encroaches into the required 5' Type `A' bufferyard. P & ZACTION.• November 6, 1997, Approved (7-0) subject to Site Plan Review Summary No. 1, dated October 31, 1997, eliminating the following uses from the requested zoning: brake shops, glass shops, seat cover & upholstery shops, transmission shops, automobile repair/service, oil & lube shops, and muffler shops; and requiring that no cars in any state of disrepair are allowed to be stationed outside. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Denotes Informational Comment att: Bufferyard Calculation Chart cc: Brenda & Jamie Garcia Peiser Surveying Co. L:\COMDEV\W P-FILES\REV\97\97143SP2. WPD S"- A.- 14 Case No. ZA97-143 SUMMARY CHART - BUFFERYARDS Location Length Bufferyard Width - Type Canopy Trees Accent Trees Shrubs Fence / Screening Height & Material North - Required 250' 5'- A 3 5 20 none Provided* 250' 5'- A 3 5 20 none East - Required 193' 5'- A 2 4 15 none Provided* 193' 5'- A 2 4 15 none South - Required 275' None 0 0 0 none Provided* 275' None 0 0 0 none West - Required 80' None 0 0 0 none Provided* 80' None 0 0 0 none *Note any credits used in calculations: a. b. C. Other Comments: L:\COMDEV\WP-FILES\REV\97\97143BYI.WPD SA -S A I b r • 0 Ix � I I I W � 10 I I I 3/1Rl0 OOOAMQ�lp , z PIN. 0 O (SO> i z ? lie w C) > l N a r < r W h4 a aIla I • 3 � A 1 � / � jtt ' = aas•�e Y pia3 44! - 1 C �ffiEit��7 8A -9 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-263 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LOT 4R BLOCK B OF THE NORTH DAVIS BUSINESS PARK ADDITION} BEING APPROXIMATELY .77 ACRES SITUATED IN THE THOMAS J. THOMPSON SURVEY, ABSTRACT NO 1502, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM 1-1" LIGHT, INDUSTRIAL DISTRICT TO "S-P=1""DETAILED SITE PLAN DISTRICT WITH "I=1" LIGHT INDUSTRIAL USES AND LIMITED `B-2" COMMERCIAL MANUFACTURING DISTRICT USES, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as 1- Light Industrial District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property. and G:\0RD\Z0N1NG\480.145 Page 1 6A- 40 WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by (am", 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 G:�ORU ZONIN&480. 115 Page " of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, (0'e is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a .77 acre tract being legally described as Lot 4, Block'B, North Davis Business Park Addition,. and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "I-1" Light Industrial District to "S-P 1" Detailed Site Plan District with "I- I" Light Industrial District uses and limited "B-2" Commercial Manufacturing District uses.. 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 (400, present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a G:',ORD\ZONI NG` 480.145 Page 3 Sk-12 violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. G:', O RD\ZONING\480.145 Page 4 MAYOR ATTEST: 8A -13 A APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: G:\0RD\Z0NlNG\480.145 Page 5 CITY SECRETARY SA-lq EXHIBIT "A" Being all of Lot 4R, in Block B, of the North Davis Business Park Addition as recorded in Cabinet A, Slide 253 in the City of Southlake Tarrant County, Texas, and being situated in the T.J. Thompson Survey, Abstract No. 1502 in the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGNNNG at 5/8 inch iron rod found at the northwest corner of said Lot 4R, Block B, same being the southwest corner of Lot 1R, Block B, of the North Davis Business Park Addition as recorded in Cabinet A, Slide 253, and also being in the east right-of-way line of Greenbriar Drive (a 56.00 foot right-of-way) THENCE N 89 deg. 47 min. 40 sec. E, along the common line of said Lot 4R, Block B, and said Lot 1R, Block B, a distance of 250.32 feet to a %2 inch iron rod set for corner, said point being the northeast corner of said Lot 4R, Block B, same being southeast corner of said Lot 1R, Block B, and also being the in the west line of Lot 2, Block B of said North Davis Business Park Addition; THENCE S 00 deg. 24 min. 01 sec. E, along the common line of said Lot 4R, Block B, and Lot 2, Block B and Lot 3, Block B, a distance of 193.10 feet to a 5/8 inch iron rod (60" found at the southeast corner of said Lot 4R, Block B, same being the southwest corner of said Lot 3, Block B, and also being in the north right-of-way line of said Greenbriar Drive, and being in a curve to the right having a radius of 322.00 feet, a delta angle of 16 deg 22 min. 49 sec.; THENCE along the said curve to the right and along the north right-of-way line of said Greenbriar Drive an arc length of 92.06 feet to a %2 inch iron rod set for corner, said point being in a curve to the left having a radius of 378.00 feet, and a delta angle of 24 deg. 26 min. 52 sec.; TfIENCE along the said curve to the left and continuing along the north right-of-way line of said Greenbriar Drive an arc distance of 161.29 feet to a 5/8 inch iron rod found for corner, said point being in a cure to the right having a radius of 30.00 feet and a delta angle of 81 deg. 49 min. 07 sec.; TfIENCE along the said curve to the right and continuing along the north right -of -wary line of said Greenbriar Drive, an arc distance of 42.84 feet to a 112 inch iron rod set for corner, said point also being in the east right -of --way line of said Greenbriar Drive; THE, N 02 min. 20 min. 15 sec. E along the east right-of-way line of said Greenbriar Drive a distance of 58.35 feet to the PONE OF BEGINNING and containing 32,964 (awl square feet or 0.757 acres of land more or less. G:\ORD` ZONING\480. l45 Page 6 I a�' I � I I I � y F O IW ,o 3AIUC CIOOMN33US EXHIBIT "B" ,t A701Y AYOIS 7„0 = / i • Y .y Iw i /'QO B=x=1 ^+send `r i i i f 1 sAz::x e I o8A-Ko 9 fill Y Ai! t (;1 City of Southlake, Texas MEMORANDUM November 13, 1997 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 688, Adopting and Levying a Sales and Use Tax for Financing the Crime Control and Prevention District Attached you will find Ordinance No. 688, which has been prepared by our city attorneys for the purpose of levying the tax to finance the Crime Control and Prevention District. Please note that the ordinance must be adopted prior to December 31, 1997 so that it may be submitted to the Comptroller of Public Accounts, whose certification will allow us to begin collecting the half -cent sales tax beginning April 1, 1998. Please place this item on the November 18, 1997 City Council agenda. Questions regarding the ordinance may be forwarded to me or our city attorneys. 0 ORDINANCE NO. bD� C." AN ORDINANCE ADOPTING AND LEVYING A SALES AND USE TAX FOR THE PURPOSE OF FINANCING THE OPERATION OF THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 363 of the Texas Local Government Code, the Crime Control and Prevention District Act ("the Act"), provides for the creation of a crime control and prevention district in a city; and WHEREAS, the city council has appointed a temporary crime control and prevention district board of directors in accordance with the Act; and WHEREAS, in accordance with the Act, an election was held in the City of Southlake on November 4, 1997, in accordance with Chapter 323 of the Texas Tax Code, for the purpose of submitting to the voters of the City a proposition authorizing the creation of the Southlake Crime Control and Prevention District and the adoption of a sales and use tax at a rate of one-half of one percent; and WHEREAS, the results of the election were favorable to the creation of a Southlake Crime Control and Prevention District ("the District") and the adoption of a sales and use tax. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That all action concerning the submission of the proposition to the voters of the City having been taken and the tax authorized by the Act having been approved by the voters of the City as stated in the foregoing recitals, the City Council does hereby adopt and levy a sales and use tax at a rate of one-half of one percent on the sale of items at retail within the City and an excise tax at the same rate on the use, storage, or other consumption within the City of tangible personal property purchased, leased, or rented from a retailer during such time as the Tax is effective within the City (hereinafter collectively referred to as the "Tax"). The Tax shall be used for financing the operation of the Southlake Crime Control and Prevention District. Cef:\files\slake\ordinanc\crimedis.tax Page 1 i Section 2. The Tax shall be administered, collected, and remitted in accordance with the Act and. to the extent not inconsistent with the Act, in accordance with Chapter 323, Texas Tax Code, as amended. Section 3. The effective date of the Tax within the City shall be April 1, 1998, unless the Comptroller of Public Accounts notifies the City in accordance with the Act, that more time is needed to implement the Tax, in which event the Tax shall be effective in accordance with the instructions of the Comptroller. Section 4. The Mayor shall provide a copy of this Ordinance levying the Tax to the Comptroller of Public Accounts as soon as possible, but not later than ten days following the adoption of this Ordinance, such copy to be sent to the Comptroller by certified mail in accordance with the provisions of the Act. Section 5. 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 THIS _ DAY OF , 1997. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney f:\files\slake\ordinanc\crimedis.tax Page 2 City of Southlake, Texas MEMORANDUM November 13, 1997 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 689, Repealing the Sales Tax Exemption on Telecommunications Services Ordinance 689 repeals the sales tax exemption on telecommunications services sold within the City of Southlake. With the passage of the 1/2 cent sales tax for the Southlake Crime Control and Prevention District, our attorneys notified us that cities have an option to repeal this exemption.. It is my understanding that this action will result in repealing the telecommunications exemption for all taxes imposed under Chapter 321 of the Texas Tax Code, including the 1% municipal sales tax, the 1/2 cent economic development tax (SPDC), as well as the 1/2 cent sales tax for the crime control district. You may direct any questions you have about this ordinance to me or our city attorneys. Please place this item on the agenda for the City Council's November 18, 1997 meeting. ORDINANCE 01 J AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS REPEALING THE SALES TAX EXEMPTION ON TELECOMMUNICATIONS SERVICES; PROVIDING THAT THIS ORDINANCE SHALL BE _ CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Section 321.210 of the Texas Tax Code authorizes a municipality to repeal the application of the telecommunications exemption on sales and use taxes by an ordinance adopted by the city council. (W NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION I. That the tax exemption that otherwise is applicable to telecommunications services is herewith repealed and a tax is hereby authorized on all telecommunications services sold within the City of Southlake (hereinafter referred to as "City"). For purposes of this ordinance, the sale of telecommunications services is consummated at the location of the telephone or other telecommunications devices from which the call or other communication originates. If the point of origin cannot be determined, the sale is consummated at the address to which the call or other communications is billed. The repeal of the telecommunications tax exemption shall become effective as soon as permitted by law. ordinanc f:\files\slake\ crimecon-Eel Page 1 \ SECTION 2. (60.1 The rate of the tax imposed b this order shall be the same as the rate imposed by P Y the City of Southlake for all other local sales and use taxes as authorized by the legislature of the State of Texas. SECTION 3. The City Secretary shall forward to the Comptroller of the State of Texas by United States Registered Mail a certified copy of this ordinance. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. f:\riles\slake\ordinanc\crimecon.tel Page 2 SECTION 6. This ordinance shall be in full force and effect after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1997. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: (only if ord has a publication clause) APPROVED AS TO FORM AND LEGALITY: City Attorney (aloe f:\files\slake\ordinanc\crimecon.teI Page 3 r City of Southlake, Texas MEMORANDUM November 13, 1997 TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Ordinance No. 684 - 1st reading, Standards of Care for elementary -age recreation programs Attached is the state statute addressing the need for a city to annually adopt a standards of care ordinance for elementary -age recreation programs. These are programs operated by the city which are recreation in nature and are not day care programs; therefore, requirements are different than private day care regulations. Since the City does not offer any pre-K programs longer than three (3) hours per day, the City is not required to meet - the strict facility and food service requirements of the state. Since cities offer recreation programs instead of day care programs this -new law was adopted that reduced the state requirements for city recreation programs. As was discussed at the October 7 City Council meeting, job descriptions in this ordinance need to be in conformance with our adopted Human Resource Department job descriptions for all recreation specialists, recreation leaders and recreation aides. We easily meet all the facility requirements due to the fact that we utilize the school facilities for our programs.. School district facilities must meet strict state standards. All other items in the ordinance meet minimal standards as required by the state statute except staff to student ratios. The state requires 1:20 ratio of staff to student where. the Park Board has recommended 1:10. The recommended ratio is a "goal" of our department on many programs that we offer, but it is not necessary to adopt such a strict standard in our ordinance. Attached is the policy as recommended by Park Board with the City Attorney's comments in italic/strike-out revisions. It has been recommended by the City Attorney not to exceed the state standards. Please add to the November 18 City Council agenda to consider the first reading of the ordinance, Standards of Care for elementary -age recreation programs. If you have any questions please contact me at 481-5581, extension 757. 4�__e Attached: State Statute; Ordinance with Standard of Care Policy 8D-1 Mlee; (9) a kindergarten or preschool educational program that is operated as part of a public school or a private school accredited by the Central Education Agency, that offers educational programs through grade six, and that does not provide custodial care that,, the hours before or after the customary school day; (10) a family home, whether registered or not; (11) an educutional facility that is integral to and inseparable from its sponsoring refrgiouu organization or an educational facility both of which do not provide custodial care for more than two hours maximum per day, and that ufferts educational programs for children age five and above in one or more of the following. kindergarten through at least grade three, elementary, or secondary grades; (12) an agency group home; (13) an emergency shelter facility providing shelter to minor mothers who are the sole support of their natural children under Section 36.US, Family Code, unless the facility would otherwise require a license as a child-care facility under this section; or Text of w4kL (14) as added by Acts 1995, 74th Leg., ch. eat', f 54 (14) a juvenile detention facility certified under Section 51.12, Family Code, or Section 141.042(d) ur a juvenile facility providing services solely for the Texas Youth Commisbion. Text of subd (14) as added by Acts 1995, 74th Ley., ch. 847, 0 1 (14) an elementary -age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum. stalling ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechaniaw for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the prograrn may not be advertised as a child-care fpcility; or (16) an annual youth camp held in a municipality with a population of more than 1.5 million that operates for not more than three months and that has been operated for at least 10 yeam by a nonprofit organization that provides care for the homeless_ (See "lain vulumc for (c) to (c)J Amended by Acts 189fi, 74th Leg., eh. M. 1 54, e . Jan. 1, IW,,; Ac $ I99b, 74th Leg., ch. M7, 4 1, efi Sept. 1, lt>'95. t A rderanee to the Central Education Apnry mats the Texas Education Apnry. Ac4 1996, 74th l.etr.. eh. 2tso, 1 go. Notes of Decisions 1. Validity koloff Evar► M6bc Enterprises. Inc. v. State K iv.App. IM -W S W.3d M6, ref. n.r e., aplAW 1 42.042. Rules and Standards diunti,wed 99 S.Ct. 58. f tru►ir, vuluinrl 439 U.S. 8(13. 58 L.Ed.2d 96. rehearing detried 94 S.CL 601. 439 U.S. 998, fk 1..F:d.2d 672. [See main volume for (a) to (d)) (e) The department shall promulgate minimum standards that apply to licensed child -tare facilities covered by this chapter and that will: (1) promote the health, safety, and welfare of children attending a Facility; (2) promote safe, comfortable, and healthy physical facilities for children; (3) ensure adequate supervision of children by capable, qualified, and healthy personnel; (4) ensure adequate and healthy food service where food service it offered; (5) prohibit ru6,d die cr imtnati„n hv child-care facilitita:; and - 67 Jr . �--) ir 7)U '- t TAYLOR, OLSON, ADKINS, SRALIAA & ELAM, L.L.P. ATTORNEYS AT LAW 0 THROCKMORTON STREET 00 BANK ONE TOWER FORT WORTH, TEXAS 76102-3821 DEBRA A. DRAYOVITCH October 20, 1997 Ms. Kim Lenoir VIA FAX and REGULAR MAIL City of Southlake 1725 E. 1709 Southlake, Texas 76092 RE: Standards of Care Dear Kim: TELEPHONE (817) 332-2580 FAX (817) 3324740 In accordance with our conversation on Friday, I have reviewed the changes you have made to the Standards of Care and have noted on the enclosure additional provisions that you may wish to consider deleting from the Standards, or at least revising the language. You had specifically asked about whether the inspections were required by the statute. The statute provides that the ordinance include methods for monitoring compliance with the standards. Regular inspections are the easiest method of compliance with this requirement. However, the inspections need not be made on a monthly basis. I have notedthat the inspections required by Section 3.A could be made bimonthly or even quarterly. The inspections required in Section 3.13.(1) could also be made quarterly. Section 9.A. may be deleted as may Section 113. These are nice goals to have, but should not expose the City to liability in the event they are not met. It is my understanding that the maximum ratio of participants to Leaders in Section 11. A is to be changed from 10 to 1 to a higher number. This change has not been made in the draft you forwarded. Finally the last sentence of Section 13.A may be deleted. Sections 16.E. and G. are laudable but are you certain that fans are covered with screens so as to avoid the children from reaching in? Also, the Schools will be able to advise you as to whether the playground equipment meets the U.S. Consumer Product Safety Guidelines. While it probably does, there may be some older equipment on the premises that does not, and I do not wish the City to be responsible for something that the School District controls. f. \files\slake\letters\lenoir.D03 9JQ-3 N x Ms. Kim Lenoir October 20, 1997 Page 2 Also enclosed is an ordinance for adoption of the standards. Don't forget the public hearing requirement. Should you have any additional questions in this regard, please do not hesitate to call Wayne or me. DAD/wrt enclosure f: \files\slake\letters\Ienoir.D03 Sincerely, Debra A. Drayovit I. ORDINANCE NO. (aw AN ORDINANCE ESTABLISHING STANDARDS OF CARE FOR THE RECREATION PROGRAMS FOR ELEMENTARY SCHOOL AGE CHILDREN OPERATED BY THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Section 42.041 of the Texas Human Resources Code (1997) provides that an elementary -age recreation program operated by a municipality is not required to obtain a license from the State provided that the governing body of the municipality annually adopts Stan ds of care for such programs by ordinance after a public hearing; and P �' P g WHEREAS, the City Council has conducted a public hearing and desire to adopt the standards set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The Standards of Care attached hereto as Exhibit "A" and incorporated by reference herein are hereby adopted for recreation programs for elementary -age children. f:\files\slake\ordinanc\child (10-24-97) '0-5 Page 1 8 SECTION 2. (W It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 199_. ATTEST: CITY SECRETARY (W f:\files\slake\ordinanc\child (10-24-97) Page 2 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 199_. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney (W f:\files\slake\ordinanc\child (10-24-97) �D ,7 Page 3 EXHIBIT A 1. Definitions A. City: City of Southlake B. City Council: City Council of the City of Southlake C. Department: Parks and Recreation Department of the City of Southlake D. Youth Program(s): City of Southlake's Youth Programs consisting of the After School Program, Summer Day Camp Program and other non -school day camp programs which last one week (5 days) or longer. E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Southlake's Youth Programs. F. Director: City of Southlake's Parks and Recreation Department Director or his or her designee. G. Recreation Supervisor: City of Southlake's Parks and Recreation Supervisor or his or her designee. H. Recreation Specialist: City of Southlake's Parks and Recreation Department part- time recreation specialist who has been assigned responsibility to implement the City's Youth Programs. I. Recreation Leader: City of Southlake's Parks and Recreation Department part- time employee who has been assigned responsibility to implement the City's Youth Programs. J. Recreation Aide: City of Southlake's Parks and Recreation Department part-time employee who has been assigned responsibility to implement the City's Youth Programs. K. Program Site: Areas and facilities where the City of Southlake's Youth Programs are held consisting of Durham Elementary, Carroll Middle School, Community Center, The Lodge and other city or school facilities within the City of Southlake. L. Participant: A youth whose parent(s) have completed all required registration procedures and is determined to be eligible for the Youth Program. Standards of Care Ordinance Exhibit A Page 1 of 11 (woe M. Parent(s): This term will be used to represent one or both Parent(s) or adults who have legal custody and authority to enroll their child(ren) in City of Southlake's Youth Programs. N. Program Staff. Term used to describe the person or persons who have been hired or have volunteered to work for the City of Southlake and have been assigned responsibility for managing, administering, or implementation of some or all portions of the Southlake Youth Programs. This definition includes recreation specialist, recreation leader, recreation aide and volunteer. 2. Inspections/Monitoring/Enforcement: A. A Faeath!y (could be bi-monthly or quarterly) inspection report will be initiated by the Recreation Specialist of each program to confirm compliance with the Standards of Care. (1) Inspection reports will be sent to the Director for review and will be kept on record for at least two (2) years. (2) The Recreation Supervisor will review the inspection report and establish deadlines and criteria for compliance with the Standards of Care. B. The Recreation Supervisor will make visual inspections of the program based on the following schedule: (1) Each After School Program site will be inspected bifflefi4h15 quarterly. This may be scheduled or unscheduled. (2) The Summer Day Camp Youth Program will be inspected three times during the summer schedule. (3) The other non -school day Youth Programs will be inspected once during the course of the program. C. Complaints regarding enforcement of the Standards of Care will be directed to the Recreation Specialist. The Recreation Specialist will be responsible to take necessary steps to resolve problems. Complaints regarding enforcement of the Standards of Care and their resolution will be recorded by the Recreation Specialist. Complaints regarding enforcement of the Standards of Care will be addressed by the Recreation Supervisor and the complaint and resolution will be noted. D. The Director will make an annual report to the City Council on the overall status of the Youth Programs and their operation relative to compliance with the adopted Standards of Care utilizing the City Complaint Tracking System. (mow Standards of Care Ordinance Exhibit A Page 2 of 11 ,., 70 ) - A 3. Enrollment A. Before a child can be enrolled, a parent must sign registration forms that contain the child's: (1) name, address, home telephone number; (2) name and address of parents and telephone numbers during program hours; (3) the names and telephone numbers of people to whom the child can be released; (4) a statement of the child's special problems or needs; (5) emergency medical authorization; (6) proof of residency when appropriate; (7) a liability waiver; (8) two emergency contacts B. In the event the enrollment individualized care, the city reasonably accommodated. accommodate the child's n determination to the parents. 4. Suspected Abuse of a child will require nursing care or other shall determine whether these needs can be If the City determines that it cannot reasonably eeds in the program, it shall communicate the Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. Staffing - Responsibilities and Training 5. Youth Program Recreation Specialist Qualifications A. Recreation Specialists will be part-time temporary employees of the City of Southlake's Parks and Recreation Department and will be required to have all Program Leader qualifications as outlined in Section 7 of this document. C. Recreation Specialists must have a basheler-'s associates degree from an accredited college or university or Offee ( two (2) years of related experience in a supervisory capacity. Acceptable degrees include: (1) Recreation Administration or General Recreation Le Standards of Care Ordinance Exhibit A MM Page 3 of 11 (3) Any other comparable degree plan that would lend itself to working in a public recreation environment. D. Recreation Specialists must have two (2) years experience planning and implementing recreational activities. E. Recreation Specialists must pass a criminal (Appendix I) and background investigation, as well as drug screens, as required by City personnel policies. F. Recreation Specialists must have successfully completed a course and hold a current card in first aid and Basic Cardiac Life Support (CPR) based on either American Heart Association or American Red Cross standards. G. Recreation Specialists must be able to furnish proof of a clear tuberculosis test within twelve (12) months prior to their employment date. 6. Recreation Specialist Responsibilities A. Recreation Specialists are responsible for administering the program's daily operations in compliance with the adopted Standards of Care. B. Recreation Specialists are responsible for training, supervising, and evaluating Recreation Leaders. C. Recreation Specialists are responsible for planning, implementing, and evaluating programs. 7. Recreation Leader (Youth Program) Qualifications A. Leaders will be part-time or temporary employees of the Parks and Recreation Department. B. Leaders working with children must be 4-6 17 or older; however, each site will have at least one (1) employee 18 years or older at all times. C. Leaders should be able to consistently exhibit competence, good judgment, and self-control when working with children. D. Leaders must relate to children with courtesy, respect, tolerance, and patience. Standards of Care Ordinance Exhibit A J/ V D-- / / Page 4 of 11 E. Leaders must have successfully completed a course in first aid and CPR within (Wol four (4) weeks of beginning work based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one (1) staff person at each site, and that person shall successfully complete a first aid and CPR course within four weeks of starting work. F. Each leader applicant must be able to furnish proof of a clear tuberculosis test within the twelve (12) months prior to their employment date. G. Leaders must pass a criminal and background investigation, as well as drug screens, as required by City personnel policies. 8. Leader Responsibilities A Leaders will be Fespensible top .i a pai4 ..;pants with .,eiwir-emaeat i . h ethey ean feel l, safe, tien > A. Leaders will be responsible to know and follow all City, Department, and Program standards, policies, and procedures that apply to the City of Southlake's Youth Programs. B. Leaders must ensure that participants are released only to a parent or an adult designated by the parent. All program sites will have a copy of the Department - approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Leader. 9. Training/Orientation A. The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. The Recreation Specialists will provide each Leader and volunteer with a Program Manual specific to the Youth Program. B. Program employees must be familiar with the Standards of Care for -the Youth Recreation Program operation as adopted by the City Council. C. Program employees must be familiar with the program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. (we Standards of Care Ordinance Exhibit A 0,0 - /Z Page 5 of 11 N D. Program employees will be trained in appropriate procedures to handle emergencies. E. Program employees will be trained in areas relating to City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child psychology, and organization. F. Program employees will be required to sign an acknowledgment that they have received the required orientation training. Operations 10. Staff -Participant Ratio A. In a City of Southlake Youth Program, the standard maximum ratio of participants to Leaders will be 4-0 20 to 1. In the event a Leader is unable to report to the Program site, a replacement will be assigned. 11. Discipline A. Program employees will implement discipline and guidance in a consistent manner based on the best interests of the program participants. B. There will be no cruel or harsh punishment or treatment. C. Program employees will use brief, supervised separation from the group if necessary. D. As necessary, program employees will initiate discipline reports to the parent(s) of participants. Parents will be asked to sign the discipline reports to indicate they have been advised about specific problems or incidents. E. As detailed in the Program Manual, a certain number and/or severe nature of discipline reports may result in the participant being suspended from the program. F. In instances where there is a danger to participants or staff, offending participants will be removed from the program as soon as possible. Standards of Care Ordinance Exhibit A gD -l3 Page 6 of 11 12. Programming A. Program employees and volunteers will attempt to provide cultural, educational and recreational programs for each group according to the participants' ages, interests, and abilities. , B. Program employees will attempt to provide indoor and outdoor time periods to include: (1) alternating active and passive activities; (2) opportunity for individual and group activities, and (3) outdoor time each day if weather permits. C. Program employees and volunteers will be attentive and considerate of the participants' safety on field trips and during any transportation provided by the Program: (1) During trips, program employees supervising participants must have immediate access to emergency medical forms and emergency contact information for each participant. (2) Program employees must have a written list of the participants in the group and must check the roll frequently. (3) Program employees must have first aid supplies and a guide to first aid and emergency care available on field trips. 13. Communication A. Each program site will have a pager to allow the site to be contacted by Parks and Recreation personnel, and each site will have access to a telephone for use in contacting the Parks and Recreation Department or making emergency calls. B. The Recreation Specialist will post the following telephone numbers adjacent to a telephone accessible to all program employees at each site: (1) City of Southlake ambulance or emergency medical services. (2) City of Southlake Police Department. (3) City of Southlake Fire Department. (4) Bicentennial Park Community Center. (5) Numbers at which parents can be reached. (6) The telephone number for the site itself. Standards of Care Ordinance Exhibit A Page 7 of 11 �U—�`T A MA 14. Transportation A. Before a participant may be transported to and from city -sponsored activities, a transportation form, completed by the parent of the participant, must be filed with the Recreation Specialist. B. First aid supplies and a first aid and emergency care guide will be available in all program vehicles that transport children. C. All program vehicles used for transporting participants must have available a 6- BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. Facility Standards 15. Safety A. Program employees will inspect Program sites daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by the program employees and kept on file by the Recreation Specialist. B. Buildings, grounds, and equipment on the program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. C. Program equipment and supplies must be safe for the participants' use. D. Program employees must have first aid supplies readily available at each site, during transportation to an off -site activity, and for the duration of any off -site activity. F. Program porches and platforms more than 30 inches above the ground must be equipped with railings participants can reach. H. Program employees must have first aid supplies readily available to staff in a designated location. Program empleyees must have an inffnediately aeeessible guide to first aid and emer-geney ear-e. Standards of Care Ordinance Exhibit A 25D-/5- Page 8 of 11 16. Fire A. In case of fire, danger of fire, explosion, or other emergency, program employees' first priority is to evacuate the participants to a designated safe area. B. The program sites will have an annual fire inspection by the local Fire Marshal, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Recreation Supervisor who will review and establish deadlines and criteria for compliance. Coordination with CISD will be done if related to a CISD facility. Information from this report will be included in the Director's annual report to council. C. Each program site must have at least one (1) fire extinguisher approved by the Fire Marshall readily available to all program employees. The fire extinguisher is to be inspected monthly by the Recreation Supervisor who will keep the report on file for a minimum of two (2) years. All program employees will be trained in the proper use of fire extinguishers. D. Fire drills will be initiated at program sites based on the following schedule: (1) A fire drill will be conducted every three (3) months (Program employees will confer with school staff to ensure that city and school procedures do not conflict). 17. Health A. Illness or Injury: (1) A participant who is considered to be a health or safety concern to other participants will not be admitted to the program. (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. (3) Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the Program Manual. (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. B. Program employees will administer medication only if: (1) Parent(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the city. Standards of Care Ordinance Exhibit A Page 9 of 11 L (2) Prescription medications are in the original containers labeled with the child's name, a date, directions, and the physician's name. Program employees will administer the medication only as stated on the label. Program employees will not administer medication after the expiration date. (3) Nonprescription medications are labeled with the child's name and the date the medication was brought to the program. Nonprescription medication must be in the original container. Program employees will administer it only according to label direction. (4) Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of program employees. No injections will be administered by the program employees. (5) Program employees must ensure medications are inaccessible to participants or, if it is necessary to store medications in the refrigerator (when available), medications will be kept separate from food. C. Toilet Facilities: (1) The Program site will have inside toilets located and equipped so children can use them independently and program staff can supervise as needed. (2) There must be one flush toilet for every 30 children. Urinals may be counted in the ratio of toilets to children, but they must not exceed 50% of the total number of toilets. (3) An appropriate and adequate number of lavatories will be provided. D. Sanitation: (1) The program facilities must have adequate light, ventilation, and heat. (2) The program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and must be supplied to the participants in a safe and sanitary manner. (3) Program employees must see that garbage is removed from the buildings daily. Standards of Care Ordinance Exhibit A Page 10 of 11 L APPENDIX I Criminal Offenses from the Texas Penal Code The following constitute criminal offenses included in the Texas Penal Code 19-25 and Section 43: Title 5. Offenses Against the Person Murder Capital Murder Voluntary manslaughter Involuntary manslaughter Criminally negligent homicide False imprisonment Kidnapping Aggravated kidnapping Rape Aggravated rape Sexual abuse. Aggravated sexual abuse Public lewdness Indecent exposure Rape of a child Sexual abuse of a child Indecency with a child Homosexual conduct Assault Sexual assault Aggravated sexual assault Deadly assault on a peace officer Injury to a child or an elderly individual Reckless conduct Terroristic threat Aiding suicide Tampering with consumer products Title 6. Offenses Against the Family Bigamy Incest Interference w/ child custody Enticing a child Criminal non support Sale or purchase of a child Solicitation of a child Harboring a runaway child Violation of a court order Section 43, Public Indecency/Prostitution Promotion of prostitution Aggravated promotion of prostitution Compelling prostitution Obscene display or distribution Obscenity Sale, distribution, or display of harmful material to a minor Sexual performance by a child Standards of Care Ordinance (40.1 Exhibit A Page 11 of 11 City of Southlake, Texas MEMORANDUM November 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Darcey Imm, Assistant to the City Manager SUBJECT: Ordinance No. 682-A. Amending Ordinance No. 682 designating the Tax Increment Reinvestment Zone Number One, City of Southlake In addressing the request of Carroll Independent School District, the attached ordinance will expand the boundaries of the Reinvestment Zone. This idea of extending the boundaries was presented conceptually to the overlapping taxing jurisdictions at a Reinvestment Zone meeting held on November 5, and then in detail on November 12. It appeared that the County's overlapping taxing jurisdictions did not have any objections to the request. The attached document is nearly identical to the ordinance passed by Council on September 23. I have highlighted the two areas of the Ordinance which will be modified. You will note that the body of the ordinance is almost unchanged, the primary changes will be in the Exhibits. Exhibit A is the Reinvestment Zone Project and Finance Plan. This will be modified to include the additional school ,rojects. This information was not available prior to preparing the packet, but will be incorporated in the previous project and finance plan received by Council on September 23. The revised plan will be distributed to Council on Tuesday. Exhibits B and C are the legal description and map of the Zone. I have attached a sketch which depicts the proposed boundaries that CISD has requested. A legal description and map are being prepared by Cheatham & Associates and will also be available for Council on Tuesday. Please contact me if you have any concerns regarding this ordinance. DAI 0 ORDINANCE NO. 682-A AN ORDINANCE designating a contiguous geographic area in Southlake as Reinvestment Zone Number One, City of Southlake, Texas; creating a Board of Directors for such zone; making certain findings and determinations in relation to such reinvestment zone and resolving other matters incident and related thereto. WHEREAS, the City Council of the City of Southlake, Texas (the "City"), desires to promote the development or redevelopment of a certain contiguous geographic area (a 256 acre tract of land bounded by Kimball Avenue, State Highway 114, East Southlake Boulevard (FM 1709) and North Carroll Avenue) within the City by the creation of a reinvestment zone as authorized by the Tax Increment Financing Act, V.T.C.A., Tax Code, Chapter 311 (the "Act"); and WHEREAS, in compliance with the Act, a public hearing on the creation of the proposed reinvestment.zone and its benefits to the City and the property in the proposed zone was ordered to be held on August 26, 1997, during the regular meeting of the Council scheduled to begin at 7:00 o'clock P.M. in the City Council Chambers of the City Hall, 667 North Carroll Avenue, Southlake, Texas; and WHEREAS, in accordance with the provisions of Section 311.003(e) of the Act, a written notice of the City's intention to establish such reinvestment zone was sent on the 25th day of June, 1997, to the governing body of each taxing unit that levies real property taxes in the proposed reinvestment zone, i.e., the Carroll Independent School District, Tarrant County, Tarrant County Hospital District and Tarrant County Junior College District; and WHEREAS, on the 22nd day of September , 1997, the City Council of Southlake made a formal presentation to the governing body of the Carroll Independent School District, and on the 23rd day of September , 1997, the City Council of Southlake made a formal presentation to the governing body of Tarrant County. Tarrant County Hospital District and Tarrant County Junior College District were informed of and invited to each of these 0444266 presentations and arrangements have been made to make formal presentations to each of their governing bodies. These presentations include a description of the proposed boundaries of the zone, the tentative plans for the development or redevelopment of the zone, and a estimate of the general impact of the proposed zone on property values and tax revenues; and WHEREAS, due to an error in publication of the legal notice for the August 26, 1997 public hearing, the public hearing was postponed and readvertised. Notice of the September 2, 1997 public hearing was duly published in the Fort Worth Star Telegram , a newspaper having general circulation in the City, in its issue dated August 23, 1997, the date of such publication being at least seven (7) days prior to the date of the public hearing; and WHEREAS, prior the public hearing on the creation of the reinvestment zone, a preliminary reinvestment zone financing plan was prepared containing information relating to the estimated project costs of the zone, the kind, number and location of all proposed public works or public improvements in the zone, an economic feasibility study, the estimated amount of bond indebtedness to be incurred, the methods of financing all estimated project costs and the expected sources of revenue to finance or pay project costs, including the percentage of tax increment to be derived from the property taxes of each taxing unit that levies taxes on real property in the district, and other data; a copy of such preliminary reinvestment zone financing plan being attached hereto as Exhibit A; and WHEREAS, on September 2, 1997, a public hearing on the creation of the reinvestment zone was held at the time and place noted in the aforesaid notice, and all interested persons, or their attorneys, were invited to speak for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment zone as described in Exhibit B attached hereto and depicted in the maw attached hereto as Exhibit C, the concept of tax increment financing and the appointment of a board of directors for the proposed reinvestment zone; and WHEREAS, all owners of property located within the proposed reinvestment zone and all other taxing units and other interested persons were given the opportunity at such public hearing to 0444'266 -2- protest the creation of the proposed reinvestment zone and/or the (W inclusion of their property in such reinvestment zone; and WHEREAS, the proponents of the reinvestment zone offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the reinvestment zone, and three (3) opponents of the reinvestment zone appeared to contest creation of the reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2: The City Council, after conducting such hearing and having heard such evidence and testimony, has made the following findings and determinations based on the evidence and testimony presented to it: (a) The public hearing on adoption of the (400" reinvestment zone has been properly called, held and conducted and notice of such hearing has been published as required by law and delivered to all taxing units overlapping the territory inside the proposed reinvestment zone. (b) The creation of the proposed zone with boundaries as described in Exhibits "B" and "C" will result in benefits to the City, its residents and property owners, in general, and to the property, residents and property owners in the reinvestment zone. (c) The reinvestment zone, as defined in Exhibits "B" and "C" , meets the criteria for the creation of a reinvestment zone as set forth in the Act in that: (1) It is a contiguous geographic area located wholly within the corporate limits of the City. 0444266 (2) The area is predominately open and because of obsolete platting or deterioration of structures or site improvements, substantially impairs or arrests the sound growth of the City. (3) The area within the reinvestment zone substantially impairs or arrests the sound growth of the City; and has deterioration of site or other improvements. (d) Ten (10) percent or less of the property in the proposed reinvestment zone, excluding property dedicated to public use, is used for residential purposes, which is defined in the Act as any property occupied by a house which has less than five living units. (e) The total appraised value of all taxable real property in the proposed reinvestment zone according to the most recent appraisal rolls of the City, together with the total appraised value of taxable real property in all other existing reinvestment zones within the City, (400, if any, according to the most recent appraisal rolls of the City, does not exceed fifteen (15) percent of the current total appraised value of taxable real property in the City and in the industrial districts created by the City, if any. 0444266 (f) The proposed reinvestment zone does not contain more than fifteen (15) percent of the total appraised value of real property taxable by a county or school district. (g) The improvements in the reinvestment zone will significantly enhance the value of all the taxable real property in the reinvestment zone and will be of general benefit to the'City. (h) The development or redevelopment of the property in the proposed reinvestment zone will not occur solely through private investment in the reasonably foreseeable future. 0 SECTION 3: The City hereby creates a reinvestment zone over the area described by the metes and bounds in Exhibit "B" attached hereto and depicted in the map attached hereto as Exhibit "C" and such reinvestment zone shall hereafter be identified as Reinvestment Zone Number One, City of Southlake, Texas (the "Zone" or "Reinvestment Zone"). SECTION 4: There is hereby established a board of directors for the Zone which shall consist of no less than seven M and no greater than twelve (12) members. The board of directors of the Reinvestment Zone shall be appointed as follows: Eight (8) members shall be appointed by the City Council, and the governing bodies of each of the following taxing units which levies taxes on real property in the Zone (Carroll Independent School District, Tarrant County, Tarrant County Junior College District, Tarrant County Hospital District), shall each appoint one member to the board; provided, however, that if a taxing unit waives its right to appoint a member to the board, the City may appoint such board member, in its stead. The initial board of directors shall be appointed by resolution of the governing bodies of the City and the taxing units as provided herein within sixty (60) days of the passage of this Ordinance. All members appointed to the board shall meet eligibility requirements as set forth in the Act. The terms of the board members shall be for three year terms. The governing body ^f the City shall designate a memk:er of the board to serve as chairman of the board of directors, and the board shall elect from its members a vice chairman and other officers as it sees fit. The board of directors shall make recommendations to the City concerning the administration of the Zone. It shall prepare and adopt a project plan and a reinvestment zone financing plan for the Zone and must submit such plans to the City Council for its approval. SECTION 5: The Zone shall take effect on January 1, 1998, and that the termination of the Zone shall occur on December 31, 2018, or at an earlier time designated by subsequent ordinance of the City Council in the event the City determines that the reinvestment 0444266 -5- zone should be terminated due to insufficient private investment, (We accelerated private investment or other good cause, or at such time as all project costs and tax increment bonds, if any, and the in-erest thereon, have been paid in full. SECTION 6: The Tax Increment Base for the Zone, which is the -teal appraised value of all taxable real property located in the reinvestment zone, is to be determined as of January 1, 1997, the year in which the Zone was designated as a reinvestment zone. SECTION 7: There is hereby created and established a Tax Increment Fund for the Zone which may be divided into such subaccounts as may be authorized by subsequent resolution or ordinance, into which all Tax Increments, less any of the amounts not required to be paid into the Tax Increment Fund pursuant to the Act, are to be deposited. The Tax Increment Fund and any subaccounts are to be maintained in an account kept at a depository bank of the City, and money deposited to the credit of such Fund s==all be secured in the manner prescribed by law for funds of Texas c_-ies. In addition, all revenues from the sale of any tax increment bonds and notes hereafter issued by the City, revenues from the sale of any property acquired as part of the tax increment (M." financing plan and other revenues to be dedicated to and used in t^e reinvestment zone shall be deposited into such fund or subaccount from which money will be disbursed to pay project costs fcr the Zone or to satisfy the claims of holders of tax increment bonds or notes issued for the Zone. SECTION 8: If any section, paragraph, clause or provision of t^:_s Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 9: It is officially found, determined, and declared t-at the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of t=:e public business to be considered at such meeting, including tis Ordinance, was given, all as required by V.T.C.A., Government Cede, Chapter 551, as amended. 0444266 SECTION 10: This Ordinance shall take effect and be in force an 31 immediately from and after its passage on the date shown below. PASSED ON FIRST READING, November 18, 1997. PASSED ON SECOND READING AND ADOPTED, this 2nd day of December, 1997. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: 0444266 City Attorney -7- r/l jk" Y po :.1 -.. ._L-'-- J 11 MAIN � rlp r•. •. u.i I -._ _ 1. ��. ;t`�.� , '� r.,t• 1.11.Yf:NYAflY IIIGIo NIOrN'4'Nf9� `lV� )r ��..��.ralr, 'vA, �\ II'qua • _ _ IILI I'li i11.54 5, tlY} 1�� ' \,\\• �� ,I:R'dl I LAIlb1iJ, Inl..l, „ I - �' I - -- Y 1, i-1'15+J �1� •tly�,,,�,� L. ��\I .,,� �t I. f31C;E7/. hit! Gila)") �I .tI bkF ? l t�q / I �w0 - BUR; cl Irm ll IF. IIAil r 11 9 ) 1 EPN of Ih. I ' 2EG l 1 � � DIN� 1 sv� GODrJr — — JINVII IGf � �� I ,. NAR fAR IM -- � �1 FIEp b I�JIPYII/ 1 oltl n I QJiI�Y Hsv 4; _ 1 IdIRQPi� ` I --I by U C5 9k u C 9 %9 {,�Cr81 1 611i9 - �- a'„IC'u' ill G't Nflo Ilr Irl[,;_ ; �. 9.13G�P h' --- rvrnrnv+, gun uun , 041, il�' WdA @<i H11. h.0 f / I IL51 �' d�t2ny m ..I,;"-�,x• 'llErlinlr"r Ilr lull Initl / 1 I 1 Rli , iIP�TIQPI u`r J.. P lugs +rru��lill I _ � (( ol[. — - Ear- I tlJ,�9E41 Y Y � ,� ; L I ",�, Ell GE631�f➢G� iih.0 G3119�3 ij>� �: ,12 G(J�/E I� 1,. VMUs1'UM sjl�J Pt fi i1 {� _ JoRore4 t°d. ill1N Citi9L'^v'�113'If I/, (\, � � -I10p1 -�' I I;''I:• I I Iglu r T T r' A T T-T n A `� �� City of Southlake, Texas MEMORANDUM November 11, 1997 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Resolution 97-72, Appointment of Crime Control District Board of Directors As you know, voters during the recent election rejected Proposition Two which would have provided for the City Council to serve as the permanent Board of Directors for the Southlake Crime Control and Prevention District. As we have recently discussed, state law and a recent attorney general opinion will preclude the City Council from appointing members from the Council to the Board. As such, the City Council will need to appoint other Southlake residents to the Southlake Crime Control and Prevention District. The following information should be considered during the appointment process: Seven (7) directors must be appointed for the District. 2. Each director must be a resident of the City of Southlake. Board members will serve two year, staggered terms, that expire September 1st of each year. Terms are determined by drawing lots, with three directors serving terms that expire on September 1, 1998 and four directors serving terms that expire on September 1, 1999. 4. The statute notes that a vacancy shall be filled for the unexpired term in the same manner that the vacant position was originally filled. The statute is silent as to removal of board members. 5. The board has broad authority. The statute specifically states that the board "shall manage, control and administer the district funds ." The statute provides that the governing body (City Council) shall hold a public hearing on the budget adopted by the board and submitted to the governing body, and may approve or reject the budget submitted by the board, but may not amend it. If the Council rejects the budget submitted by the board, the Council and the board shall meet together to amend and approve the budget prior to the beginning of the budget year. Curtis E. Hawk, City Manager November 11, 1997 Page 2 As you know, documentation must be submitted to the Comptroller's Office no later than December 31, 1997 in order to begin collecting the half -cent sales tax on April 1, 1998. However, the items which must be submitted are those requiring City Council action, and not that of the permanent board. Thus, we will not be compromising our ability to collect the tax as soon as possible should the Council decide to delay the appointment of the permanent board members. However, given that the permanent board must adopt budget procedures, the plan, and the budget which the temporary board has already approved, appointment at the earliest possible date is desirable. The District will be unable to move forward with land acquisition and facility planning, hiring SROs and DARE Officers, or other initiatives included in the plan until the permanent board takes the aforementioned action. Please place the resolution appointing the Board of Directors of the Southlake Crime Control and Prevention District on the November 18, 1997 City Council agenda. SKY 9� � City of Southlake, Texas RESOLUTION 97-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING PERSONS TO SERVE AS THE BOARD OF DIRECTORS FOR THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT WHEREAS, Tex. Rev. Civ. Stat. Ann., Article 2370c-4 (The "Act") authorizes a municipality that is partially or wholly located in a county with a population of more than one million to create a crime control district within its jurisdiction; and WHEREAS,a special election was held on November 4, 1997 to determine whether the voters of the City of Southlake favored the creation of the Southlake Crime Control and Prevention District dedicated to crime reduction programs and the adoption of a proposed local sales and use tax at a rate of on -half of one percent; and WHEREAS, Southlake voters approved the proposition to create the district; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. There is hereby created and established a board of directors of the Southlake Crime Control and Prevention District. The board shall be officially designated as the Southlake Crime Control and Prevention Board, and shall be comprised of seven persons that reside in Southlake. SECTION 2. The board is established pursuant to the authority granted in Section 363.101 of the Act and the terms set forth therein are hereby adopted governing the operation and duties of the board. SECTION 3. The following persons are hereby appointed to serve as the Board of Directors for the Southlake Crime Control and Prevention District: 1. 2 3. 4. 5. 6. 7. SECTION 4. This resolution shall be effective immediately upon passage by City Council. PASSED AND APPROVED THIS THE DAY OF ATTEST: SANDRA L. LEGRAND CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY 31 1997. CITY OF SOUTHLAKE, TEXAS MAYOR RICK STACY M-� City of Southlake, Texas MEMORANDUM November 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary I = SUBJECT: Resolution No. 97-73, appointment to Parks and Recreation Board Resolution No. 97-73 allows for the appointment of a member to the Parks and Recreation Board to fill position vacated by Larry Goldstein who has resigned. The term filled by Mr. Goldstein expires in May, 1999. I have attached the applications I have received in the past year for this position. If you have questions, please give me a call. /sl City of Southlake, Texas RESOLUTION NO. 97-73 (avg.,, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER TO THE PARKS AND RECREATION BOARD TO FILL AN i - UNEXPIRED TERM; PROVIDING AN EFFECTIVE DATE. j WHEREAS, a Parks and Recreation Board was created for the purpose of I planning and developing parks and park sites within the City of Southlake, for the use and benefit of its citizens; and, WHEREAS, the Parks and Recreation Board shall consist of nine (9) members to serve three (3) year terms; and, WHEREAS, currently a vacancy exists, leaving an unexpired term which will expire in May, 1999; now, i THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: I Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. i ISection 2. The City Council hereby appoints , as a member of the Parks and Recreation board to fill the unexpired term of Larry Goldstein, with a term to expire j in May, 1999. Section 3. This resolution is effective upon passage by the City Council. PASSED AND APPROVED THIS THE 18TH DAY OF NOVEMBER, 1997. CITY OF SOUTHLAKE, TEXAS Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary D: \WP-FILES\RES-97-7. PAR 2R L Thr C:onlranr You Krrp• NOVf.MBr,,R 10. 1997 TO: VICKIE JOHNSON. PRF.SII)F.N•f SOU'rHLAKE PARKS AND RECREATION BOARD FROM: LARRY GOLDSTRIN SUBJECT: PARK BOARD SEAT Now yorlc Life Inaults"s Company 2350 atrcort Frlsway. Suits 640 89dtc•d. TX 7ti022 auf at 540.5447 1817 355.2533 Fax a17 545-3262 www nswyorililo com C. (3oldstsln, CLU 13� Accrn.- _ RFSIGN IT IS WITH A GREAT AMOUNT OF SORROW THAT I AM BOARDING )UROfO A Y POSI'I'ION AS A DIRECTOR ON THF. SOU"LAKE CHANGE IN MY PERSONAL. LIFE I AM NO I.ONGTUR ESIDING WITHIN THE CITY LIMITS, NOR DO l EXPECT TO 1N THE NEAR F OF THE, FOR OVER IS YEARS I IIAVE BEEN INVOLVED IN THE S LOASSYEAR TO HAVE GROWTH AND IT HAS REALLY BEEN A PLEASURE. T WILL PA RTICIPATED IN THE VAST EXPANSION OF OUR BOARD AND WISH YOU GRG T S WORKING WITH YOU AND THE REST OF THE SUCCESS FOR THE FUTURE. L.ARRY GOLDSTEIN `ne..�..q _d• U'•Q•.wnlP a�•'...y M•,..t,a. MAor Uuua• 40..n.. Fil °�b 3 won lot Flrarcial Products 6 SamcaS p�qae�r�d R•Pru�nt�P+• to• NYLIFE SOC""t:u I^° 1320 S U^rv•/fltY Onvs. Suit@ 900 ft Worth. TX 76107 817 336.2565 N•.. York Ld• 1+w••'a• :n ^`A.'j'-' c.J101,81141 New Yort hh •rfo'MGI f w Da'awlla CO-00.ayOr+ NVVFE Saevl•4•k'rwaw vOrk !IY 10010 51 A••+VI AFR 21 Off City of Southlake APPLICATION FOR AP APPLICATION FOR APPOINTMENT TO: (name of board, commission or committee) * Use a separate application for each appointment desired Name: `Jf - L c� ✓� .�. Address: Home Phone: Cf/ ?) V<Ff' Years in City: s Employer: ,'/�Ji CGY�?i�tclw.��1�7C+-d-+,, % Phone: Current and/or previous board, commission, or committee experience in the City of Southlake: /VC-'V ; Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: A— A — - eV,4*V L tr r e��cw �c�I j11/fi?l �jSi2-j Qualifications and experience that would assist you in serving in this position: Iff-S «mil` 6r— (_-t �::V CKy a-�1' �> tor' 141V' �/��'J✓�r��2 �%' �'_�uoCTic�-i�� t/ C' U'Yl iy!cs iv / r y . Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or comments: Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application gill be kept on file for one (J) year. After that time it will be necessary to reapply and update the information herein if you VAh to Signature: to be considered for appointment. (b 4 Date: -�--2/-9q D:\ WP-FILES\C ITYSEC\FOR.MS\APOINTMN.FMI JANIES E. GLOVER 1355 North Pe_ytonville Avenue Southlake, Texas 76092 Phone: (817) 488-6590 OBJECTIVE Senior marketing management in the consumer goods industry leading to general management using strengths of leadership, innovation, problem solving, presentation and follow through to grow a business - - in volume and market share in keeping with short -and long-range plans. QUALIFIED BY 25 years of sales. sales management and marketing management experience including: * Start-up Operations Turnaround Situations * Strategic Planning Marketing Research & Testing * P&L Responsibility International Sales & Marketing * Sales Management * Advertising & Promotion * New Product Development * Re -launch Mature Product PROFESSIONAL EXPERIENCE COLLECTOR'S EDGE. L.P. 1996-Present Denver, Colorado [privately -held specialty trading card company] Executive Vice President, Marketing, Distribution, and Business Development Report to the President, responsible for sales and marketing to jVlaster Distributors and selected k ev national accounts as well as for development of marketing and product innovation. * Increased Master Distributor base by 33% while increasing sales through this key trade class by 66%. * Developed innovative marketing and public relations campaign to introduce a new technology to the card market. MAXX RACE CARDS, INC. 1995-1996 Charlotte, North Carolina [trading card company wholly -owned by Canadian investment group] President Reported to the Board of Directors and the President of the parent holding company in Canada. Reporting to me was a staff of 18 including F ice President of Sales, Vice President of.4dministration, Production Manager and .Manager of Licensing. * Reduced overhead expenses by more than 20% over prior 4 years of operation. * Implemented an "on -time" production planning process which allowed the company to consistently get products in to the market place as announced and planned while reducing over-all finished goods costs by more than 35% over prior levels. FLEERCORPORATION/Entertainment Division 1994-1995 Mt. Laurel, New Jersey [trading card division of publicly traded Marvel Entertainment] Hce President, Entertainment Marketing Reported to Division President and managed a direct staff of nine, including five Product Managers, International Sales Manager, Finance Manager, Trade Show Managers and support staff. * Developed program to utilize outside product management and pre -press resources that reduced product costs by as much as 66% vs. internally produced products. * Designed and implemented a new "hobby friendly" policy which increased cash in advance Entertainment sales from S 1.4 million to S2.4 million per product release. * Expanded international distribution, opening new markets in Singapore, Taiwan, Sweden, and Mexico, increasing international Entertainment sales 45% to $10 million. * Negotiated and signed favorable licensing agreements with major licensors such as Warner Bros. Consumer Products, New Line Cinema, Castle Rock, and MCA/Universal. ab-s JAMES E. GLOVER PAGE TWO CARDZ DISTRIBUTION / PLAYOFF CORPORATION 1992-1994 Grand Prairie, Texas [Privately held start-up trading card manufacturer] ['ice President, Marketing & Sales Reported to owner/CEO and managed a staff of eleven, including Regional Sales Managers, in-house sales and customer service, product managers, public relations and graphic services. * Developed sales organization designed to open new trade classes, hiring three Regional - - Managers and 54 brokers. * Increased domestic sales from 5500,000 to S6 million year one and to more than S 15 million in year two through extensive consumer research and new product development. * Implemented an international strategy, opening new markets in New Zealand, Australia, Canada and Mexico, with first year sales in excess of 5500,000. * Negotiated and signed favorable licensing agreements with major licensors such as NFL Properties, NHL Enterprises, NHL Players Association, Turner Home Entertainment, Warner Bros. Consumer Products and many others. SKYBOX INTERNATIONAL INCORPORATED 1990-1992 Research Triangle Park, North Carolina [publicly held start-up trading card manufacturer] Vice President, Marketing Reported to the President/CEO and managed a staff of eight, including product managers and assistant product managers. * Emphasized higher quality production at competitive prices for entertainment (non -sports) card category, growing business from 53 million to $50 million volume, through the use of consumer research and innovative new product development. * Introduced unique value added consumer promotion programs to SkyBox and NBA HOOPS brands that significantly increased sell through on this S60 million sales, $20 million profit division. * Researched, negotiated and signed favorable license agreements: Paramount Studios, MCA/Universal, Turner Home Entertainment and NBA Properties. WCI MICROWAVE OVEN DMSION 1988-1990 A.B. Electrolux, Dalton, Georgia [U.S. Division of international consumer durables manufacturer] [,'ice President,Marketing & Sales Reported to the Division General Manager; brought in to turn -around failing division; supervised a staff of tee: including domestic sales and marketing, export sales and marketing, newproduet development and transportation and warehousing. * Developed and implemented aggressive marketing strategy for international which expanded distribution to 29 countries and 79 international customers that increased sales 27% in 1988 and 22% in 1989. * Targeted new customers for private label and O.E.M. programs, resulting in 300% sales increase in 1988 and 700% increase in 1989. * Designed and implemented new "niche" marketing strategy, including revised product features, new packaging and point -of -purchase for mass market retailers K-Mart and Wal-Mart, resulting in an 11 % increase in U.S. branded (Tappan, Gibson Frigidare, & White -Westinghouse) sales in 1988 and a 53% increase in 1989. TETRA PAK, INCORPORATED 1985-1988 Shelton, Connecticut National ,Marketing Manager * Developed Partnership Marketing program with major customers such as Nestle, Borden, Lipton, Ocean Spray, Coca-Cola Foods, Carnation and others which resulted in sales increase of over 20% each year in 1985, 1986, and 1987. * Designed and presented marketing program for retailers on the benefits of aseptic packaging justifying need for additional shelf space. Successfully sold program to all divisions of Safeway, Winn Dixie, Kroger, Albertsons, A&P and others. JA1ViES E. GLOVER PAGE THREE LIGGETT & MYERS TOBACCO COMPANY INCORPORATED 1974-1985 Durham, North Carolina Senior Brand Manager * Developed and rolled -out new marketing strategy to reposition established EVE brand, resulted in a sales increase of 19% in 1984 and 14% in 1985. * Successfully designed and implemented Hispanic/Anglo niche -market test, doubling anticipated market share. NATIONAL FAST FOODS 19 3-1974 La Mesa, California Sales Manager * Increased unit sales an average of 30% while reducing inventory shrink and reducing employee turnover. THE SOUTHLAND CORPORATION (dba 7/Eleven Stores) 1968-1973 La Mesa, California Field Representative * Franchised twelve 7/Eleven stores; maintained franchisee -company relations while improving overall gross profit margins by 20%. EDUCATION B.A., (with Honors & Distinction), California State University, San Diego, California, 1972. AMA Courses: Product Management, Strategic Planning, Outdoor Advertising (awl Karrass Program: Effective Negotiation; Certified Trainer, Xerox Selling Skills Program. AWARD Silver Addy Award, Triangle Advertising Federation, 1983; Gold Addy Award, American Advertising Federation, 1983; Champion Innovation Award for Graphic Design, 1987; Mobius Award for Television Advertising, 1991; Telly Award, Television Advertising, 1991; 1993 Silver Addy Award, Television Advertising; 1993 Gold Addy Award for Television Advertising/Special Effects; 1994 Gold Addy Award for Television Advertising; 1994 Gold Addy Award for Regional Television Advertising. Personal and Professional References Available Upon Request. 0 City of Southlake APPLICATION FOR APP APPLICATION FOR APPOINTMENT TO: -- (name of board, commission or committee) * Use a separate application for each appointment desired Name: F-R. t'� N c+ s J E_Le, r-i.S 1L 4--E2 d_r__s: c 3 a ri e c 5- % i m it - /1- �-R-" G- - iU.,L - S,Z: _ I+L. A-,k i� L. - -7 c , z-. Home Phone: .3 S j Years in City: U Employer: J) Phone: Cq'72-)'— Current and/or previous board, commission, or committee experience in the City of Southlake: Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: We t-,, -m aL, e- A (� C. r '� u. r ell, �% 1 Vl�'y1 r 1 �7 i- 1 F l^C lei G rCt C p �- �`(.-k4 w� h� •{-i M^c�i�.. c�c�'n v+r� �. �L �,., r C:ve�J o �l .n 'so 'i Qualifications and experience that would assist you in serving in this position: f M G h JL• 1 1 (_ i 11 G ,0 Q L X 1 � �L. (• � .n G G f 1 �.-{ C'L.. � �.1! Z.C� � � � i-+ CC 1ti., l rl L( l r 14 �1 �.! + v� i o- Q. a ✓ V (jCt h u f �L� � + � f Y=c>,•,1 S o �. ct to � vr.� � - Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? -/ e-S Additional information or comments: V Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application -vill be kept on file for one (1) year. After that time it will be necessary to reapply and update the information if you wish to continue to be considered for appointment. Signature: Date: _:� - � L _ 2 7 D: \ W P-FI L E S`.0 ITYS E C•YO P-M S\AP 0 P,T',fN. F RNI NJ `larch 13,1997 IDI `Is. Sandra L. LeGrand Citv Secretary City of Southlake 1725 E. Southlake Boulevard Southlake, TX 76092 Dear Ms. LeGrand: Thank you for sending the Applications for Appointment to Mr. Francis Jelensperger. Enclosed is Mr. Jelensperger's application for appointment to the Parks and Recreation Board. If you need additional information, please contact me at (972) 960-4059. Again, thank you for vour assistance. Sincerely, Z��" �41 :Melissa Weinberg Assist. to F. Jelensperi /mw encl. HDR, Inc. Employee -owned 12700 Hillcrest Road Suite 125 Dallas, Texas 75230-2096 Telephone Architecture 214 960-4000 Engineering Fax Project Development 214 960-4185 City of Southlake Fy APPLICATION FOR APPOINTMENT APPLICATION FOR APPOINTiNlENT TO: Name: (name of board, commission or committee) "Use a separate application for each appointment desired re Address: Lg- &V a N e L V( t' s -t- 6 y, /' V home Phone: ��' l i �- Z 4 —1 7 6 61 Years in City: Employer: 1 6 /a ►'ce In4k � I � 1` 'l� 0 � f— S Phone: M 7) % — 7 q � s Current and/or previous board, commission, or committee experience in the City of Southlake: AJ N -e— Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the 'S Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? �� 5 .-additional information or co . ents: �-- / QU �'- v" I.c�CI�' I Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application Il be kept on file for one (1) year. After that time it will be necessary to reapply and update the information rein if you wish to continue to be considered for appointment. Signature: Date://l3 �lCi % D:\WP•FILES',CITYSEC',FOR'%tS',APOIN'T."N.FRNI MAR-31-97 MON 22:33 ! r 31 12 City of Southtake 4• 0FF1(E of a, APPLICATION FOR AT'P APPLI APPLICATION FOR APPOIMM `iT TO: name of board, commission or ommittee) Use a se prate a PP lication for each appointment desired 1 i * p -- _ `lame: -- J !t z 9 1S Years in city: Home Phone: ��-..---�- Employer: _ L / S Phone-� Cunent and/or previous board, commission, or committee experience in tho City of Soul lake: _ _—.-- 27Reasons for desiring to serve on this , commiss ion, or committee, and your OPiniotj as to hiboardthe �. � A purp,)sc, goals, and duties of same: Oeialiflcations and expenenca that would assist you in serving in thu position: �- }-- -- support are require w as appoint"o Do you understand and agree that your relay attendance and active supp— , amd that noncompliance could result in removal from the boat? i additional information or con=er:ts: _ T I - SOut1dake BC zturn this completed form to the City Sectetar,+'S ai►d Please r ear. after that time it Will be necessary to reapp t on file for one (1) V. , ' trnent Eadh applicatior. tlta fatzation will be kep considered for appo herein if;rou ln wish to continue to be pate: ---- — p.�W�-F1C,ES`C1►5CSE(� itNS�OL*i-r�L- -- Sigrlature: Cl\a)-\\ MAR 1-?7 h1oN 22:34 P.a2 1. I desire this position because my family and I, recently relocated from Kansas City, Missouri, appreciate finding Southlake and wish to contribute to maintaining, and enhancing, its unique qualities and amenities. An additional reason I am applying for this position is that my employer urges employees to be involved in their communities. I am currently involved primarily froze a financial standpoint with numerous children's charities and my church. A position with the Southlake Parks and Recreations board appeals to me, and I would appreciate an opportunity to devote a portion of my time to the cause of keeping Southlake an exceptionally special place to live and to raise a family. 2. My qualifications in this line of work are limited with regards to past, actual experience with a Parks & Recreation department. However, through my work, I manage 270 employees as a vice president. I am an excellent organizer, and motivator. I am creative, and I believe that one should not only work hard, but play hard. Helping to build a city where residents can enjoy themselves and their surroundings would be a gratifying activity. My wife and I have three children and plan to remain in Southlake. We Hope to play a part in maintaining the nurturing atmosphere Southlake provides for families. Close friendships with a member of the board for the Kansas City Park & Recreations Department and a one-time member of the board for the San Antonio Parks & Recreation Department give me confidence that I am qualified to contribute in this position, although turning Southlake into a Kansas City or a San Antonio, is not my goal. My wife works for an insurance company in Kansas City, operating out of our home in Southlake. My children, ages 2 - 6, attend Primrose preschool and Carroll Elementary. In the short time we have lived in Southlake, we have routinely enjoyed Bicentennial Park and have participated in several of the Parks & Recreation activities. Your efforts made us feel a part of our new community in a very short time and helped my children meet new friends. Should you feel my qualifications would benefit Southlake, I would be privileged to "give back" a little of what was given us when we first moved to Southlake. I would be interested in discussing the position in greater detail. Please call ine at 214-751-8000. City of Southlake, Texas MEMORANDUM November 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Professional Services Agreement with Lewis McLain, Fiscal Planning Consultant, for General Fund and Special Revenue Funds Long Range Financial Plan Attached is a proposal submitted by Lewis McLain to develop a long range financial plan for the City's General Fund and Special Revenue Funds. For the past several years Mr. McLain has prepared a multi -year financial plan for the City's Utility Fund operations, detailing projected growth in water and wastewater sales and expenses to ascertain and recommend rates. He has also compiled the financial portion of the 1993 and 1996 Water, Wastewater, and Roadway Impact Fee Study updates. The proposal would extend to the General and Special Revenue Funds the same type of long- range financial planning being done for the Utility Fund and the water, wastewater and roadway impact fees. The General and Special Revenue Funds encompass the vast majority of City revenue sources, such as property tax, sales tax, fines, and permit fees. Services provided within these funds are the Public Safety, Administration, Finance, Street maintenance, Inspections, Court, Planning, and Parks and Recreation. The fiscal impact of constructing and staffing a fire station, opening a new park for league play, and purchase of replacement fire trucks are examples of factors that could be incorporated into the plan. This effort is comprehensive, in that it involves all Department Directors and Management in projecting ultimate populations and service demands. The product of the proposal will be a broad financial model that may be adjusted and updated as needed. Financial and operating policies will be reviewed as well. The study is proposed to be completed prior to the Fiscal Year 1998-99 budget preparation cycle that begins in May 1998. It is recommended that the City Council authorize the City Manager to execute the Long Range Financial Plan Proposal submitted by Lewis McLain at the November 18 meeting. LAH D� , City of co(40(Akc 4chc)A( Cpce*4 At �eyetiue Ft4h* Loh$ RAhsc F4hA§le4A( P(Ah P)OPP5AC Uwis F. I ebliti, 1). F'5eA( PjAt h'h$ CM514(fAht lV owei"le) 1, 1997 Lewis F. Mc(AIth,��. F45cA t PEA jowl s C alwo ltA of t 2515 NAtWe Reh4 - CAM71tt0h, TIC 75006-2004 972-419-6536 / 172-419-19 0 / 1ewGh9VAsb.tiet November 1, 1997 Curtis Hawk, City Manager City of Southlake 1725 E. Southlake Blvd. Southlake, Texas 76092 Dear Curtis: Thank you for this opportunity to outline a scope of services for the following assignment: General Fund & Special Revenue Funds Long Range Financial Plan (LRFP) This assignment will include the establishment of both a process and a product or a series of products. The City desires to develop a LRFP that can be used as i) a policy guidance mechanism, ii) a framework for managerial decision making and iii) a communication tool between the City's professional staff and the elected city council and various community groups. In order to ensure the successful implementation of a LRFP planning process, the approach outlined is designed to produce a meaningful plan in advance of the 1998-99 budget process. Refinements to the components of the LRFP are expected in future years with the goal of having a comprehensive planning process institutionalized for budgetary guidance as well as capital planning and financing. The proposed phase of the LRFP to be accomplished within the next several months includes the fundamental sizing and costing of city services from the current point in time until ultimate build out. While the ideal product would include detailed cost itemization, the emphasis will be placed on the broadest inventory of services and capital facilities that will be demanded. An equally important emphasis will be to develop the linkages between the "drivers" of the municipal service and facility demands. That is, most city services can be linked to one or more of the following: ■ Residential population. ■ Residential housing units, both single and multi -family. • Commercial acreages, building square footages and employee populations. ■ Miles of roadways, including associated drainage facilities. ■ Stormwater channels and other stormwater management. ■ Acres of park lands, city medians and other public lands to maintain. 2 /�Ifi 3 Based on the mix of services and the quality of municipal services, the City can fairly accurately determine the staffing sizing within each major department function. Many of the services will evolve from borrowed services from other cities (i.e. ball fields) to part time service delivery by the city to a full-scale operation at certain population and geographical size points. For instance: ■ Police and Fire services can be sized roughly based on population (residential and commercial employment) growth, traffic activity and, of course, the quality factors of the city's private and public structures. ■ Population and geographical factors drive Park and Recreation programs. ■ Public Works and Community Development services are heavily influenced during the expansionary phases of the city growth as well as when the city matures and is required to sustain a high quality maintenance program. ■ Libraries and other leisure services increase in demand as the size of the city increases. ■ The City Management, Fiscal Administration and other support services grow in demand as planning, guidance and control factors necessarily become more formal commensurate with the magnitude of the budget to fund demanded services. A strategic planning exercise is not very meaningful unless integrated to include all or most departments in the city since there is so much cross -support and supervision. As an example of the basic departments and functional areas within these departments, the following list is supplied. It should be noted that within most of the functional areas are multiple tasks or assignments. The breadth and depth of city services are usually appreciated more when they are listed to indicate the varied services found in full -service municipalities. Consulting Associate In order to complete this study in a timely fashion, the work will be divided between Lewis F. McLain, Jr. and Becky Brooks Grimm. After being employed five years by a consulting firm headed by Lewis, Becky went on to become the Director of Internal Audit for the City of Arlington. Her responsibilities included performance audits and internal managerial studies in addition to the traditional internal financial auditing duties. Becky is a certified public accountant and earned her Masters in Public Administration from the University of North Texas. She has taught at UNT, has written numerous articles and conducted many seminars on a variety of topics, including benchmarking, budgeting and strategic planning. Drawing From Existing Studies The City has informed us that there are several products available that are results of past and current studies and surveys. It will be our desire to draw upon any and all information available in order to prepare a strategic plan in a form that is as complete as possible. These products will include a "visioning" survey of city officials, a staffing and facility sizing effort that has already been conducted and several master plans for the park system, roadway system and drainage system. Any and all meaningful studies, surveys, forecasts, projections and databases will be made available to the consultants and will be used by the consultants to the extent practical. 3 Overview of Municipal Departments And Functional Areas The City's integration of city services in terms of supervision and financing results in shared duties and a cross -subsidization of some services. In addition, there are several major capital, operations and funding entities that are an integral part of the City's overall thrust to build a high -quality and economically viable community. These existing and potential entities include: ■ An economic development corporation. ■ A park development corporation. ■ A tax increment financing district (TIF) ■ A crime control district. ■ A regional water utility. ■ Shared facilities with adjacent cities. ■ City enterprise funds. ■ City internal service funds. It is for integration reasons for capital, service and financing that the City cannot simply isolate the General Fund to conduct a meaningful strategic plan. However, it is because of the complexity of the individual pieces that make up the unified service delivery and financing system that this LRFP necessarily has to be kept at a fairly high level to successfully produce a substantive and timely report. It will be a judgement call on the part of the consultants as well as the quality and quantity of information that can be provided by the City that will determine the level of specificity for the supporting details of the LRFP. It is expected that many parts of the LRFP will be prepared at a reasonably high level of detail while other aspects of the study may be prepared at a summary level with the goal of refinements and greater details to follow in subsequent years as the LRFP process is continued to a greater level of maturity and institutionalization. The following list of department and functions will be included in the LRFP, either directly or indirectly as they relate to the General Fund: Administration City Council City Secretary City Management Human Resources City Attorney Special Legal Public Information 4 Finance Financial Administration/Financial Policy Administration Accounting, Internal Control and Auditing Budgeting & Special Studies Utility Franchise Administration Purchasing & Warehousing Revenue/Tax Collections Municipal Court Teen Court Public Safety - Police Services Police Administration Public Safety Dispatch Police Patrol Crime Prevention and Community Education Criminal Investigations Records Administration/Identification Jail operations Drug Task Force Gang Task Force School Liasion School Crossing Guards Public Safety - Fire Services Administration Fire Prevention Fire Suppression Emergency Medical Services Emergency Preparedness Parks & Recreation Administration Park land Maintenance Public Facility Maintenance Recreation Centers Athletic Fields/Programs Swimming Pools Public Works Public Works Administration Engineering & Capital Project Control Buildings Roadways Drainage Facilities Street Maintenance Street Lighting Stormwater Drainage Management Traffic Control/Signalization 5 I...- Community Development/Control Planning Zoning Code Administration/Enforcement Animal Control internal Services Fleet Maintenance Office Services Building Maintenance Building Repair Management Information Services Insurance & Risk Management Library Services (future possibility) Support Services Public Services Economic Development Tourism & Historical Preservation (future possibility) Water & Wastewater Administration Utility Engineering & Capital Project Management Customer Service Meter Reading Water Wholesale Supply Administration Water Distribution Maintenance Water Quality Control Wastewater Collection System Maintenance Wastewater Wholesale Treatment Administration Wastewater Retrofit/Sewer Assessment Program Sanitation Contract Administration Public Golf Courses (future possibility) Public Cemetery (future possibility) It will be our goal to provide an inventory of all existing and potential city services as a means of communicating the breadth of municipal government. The depth of these municipal services will also be of importance and a part of the study to the extent that the time and effort available allows. In addition, we will make an effort to discern the known and expected technological changes from staff interviews in order to integrate that information into the long range plans. In particular, we will seek any studies presently available that might point to both the use of resources and the savings of resources associated with technological changes. 0 le�W— / MR Study Process and Products The study process will include the following: • All meaningful and available studies will be compiled and reviewed in order for us to make a determination as to how they can be integrated and made consistent with our study. ■ A buildout plan based on existing reports and current insights of the planning staff and other key staff members will be prepared with as many meaningful municipal service "drivers" that can be used to link services to the demand factors. These drivers include population, housing, employment, park lands, and public facilities. ■ Interviews will be conducted with key director and department head personnel in order to discuss current and future services, expected service levels to satisfy Southlake residents and business community, staffing projections and related space requirements, annual budgetary requirements, and workload measures that can best communicate the expected service delivery results provided to the public. ■ A broad financial plan will be prepared that incorporates the current budget and the forecasted needs based on the interviews and analyses conducted by the consultants. The financial plan will include key assumptions regarding the major revenue sources, staffing and personnel costs, summarized operating and maintenance efforts, capital and financing costs, fund balance and other fiscal stress measurements. ■ It is seldom that the demand for services does not outstrip the resources of a municipality, at least at some point in the future. A set of balancing strategies will be developed for the City to consider. These strategies will include a mixture of alternatives: ■ Potential services to contract out to the private sector. ■ The transition of "growth" induced services that will slow as the City matures, replaced with "high maintenance" services as the City's infrastructure ages. ■ Municipal services that may best be delivered as joint efforts with adjacent cities in order to take advantages of economies of scale. ■ Certain services to postpone or eliminate being initiated to the extent possible based on the costly minimum level of effort to provide the service at all or due to the likelihood of only a small number of people being served for the high cost. ■ The use of reserves, scheduling of capital replacements and trigger points for staff additions based on population and tax base growth to provide orderly growth and to acquire knowledge of the cumulative effect of postponements of annual needs. 7 /eno�' —V ■ New programs and expanded levels of existing programs will be identified and presented as a component of this study. ■ Develop a set of financial and operating policies that will guide future budget decisions, including adequate staffing levels, competitive compensation commitments, equipment replacement policies, technology commitments, utility and roadway system extensions, and financial stress factor parameters. ■ A prioritization mechanism will be designed to assist the City staff to communicate needs and alternatives to the City Council and for the City Council to provide budgetary direction to the City staff. ■ Conduct an instructional workshop with the City Council and City Management to present the strategic plan, key assumptions, balancing strategies and recommended implementation steps. Timing & Fees The approach taken to define the scope of the assignment was based on two factors: i) the available weeks between now and the pre -budget needs of the City for 1998-99 and ii) the availability of the consultants to dedicate to the successful completion of the assignment. It appears that the tasks need to be competed within about sixteen weeks. It is estimated that about 1-1/2 days each can be committed by both of the consultants or the equivalent of one person spending at least three full days a week. In addition, a junior consultant will be used to build portions of the financial model in an effort to keep costs as low as possible. This commitment translates into about 375-400 hours of consulting effort at a billing rate of $90 ($40 for junior consultant) per hour. The cost estimate is $34,500. There will be no expenses billed other than courier fees, in any. The progressive billings will be made on the 15`h of the month for all work performed since the previous billing. The billings will be due within 15 days. Working copies of draft reports will be provided to the staff by the consultants. An original copy of the final report will be provided by the consultants and reproduced by the City of Southlake. All financial and strategic planning workpapers will be produced using Microsoft Word and Excel. These text and spreadsheet products will be made available to the City of Southlake at no additional charge. It is recommended that there be a two-hour progress briefing to the City Management staff scheduled for every other week throughout the duration of the assignment. This will give the consultants an ability to solicit input from the City Management team and will also assure consultant accountability from the City Management team. Sincerely, Lewis F. McLain, Jr. Fiscal Planning Consultant 8 l0,9-9 Approval If this scope of services is consistent with the needs of the City of Southlake, please indicate approval by obtaining the proper authorization and signatures: APPROVAL TO PROCEED: Curtis E. Hawk, City Manager City of Southlake, Texas MEMORANDUM November 14 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of Bid for the Slurry Grouting of Pipe in Timarron Bent Creek Subdivision BACKGROUND In 1994, street failures were observed in the Phase I section of Timarron. Over the course of approximately 12 months discussions were held between staff and the contractors to determine the possible causes of failures. In 1995, Wiss, Janney, Elstner Associates, Inc. was awarded a contract to investigate the possible causes of the failures with Alpha Testing doing the actual testing. In May 1996, a report was issued by Wiss, Janney, Elstner Associates, Inc. with the findings and recommended repairs. The project was authorized by City Council for implementation in the 96-97 budget, which allocated $650,000.00 for the entire project. The project, which originally included grouting around the sewer pipe and replacing or repairing the concrete streets, was first bid in June 1997, with a low bid of $682,024.00 by Hayward Baker Co. Council chose to reject all bids for the project and divide it into phases to spread the cost over several years. As a result, the project was divided in the following phases and, again, included grouting around the sewer and repairing or replacing the concrete streets: Phase I- Creekway Bend Phase II- Bent Creek Drive Phase III- Bent Creek Drive (West), Bent Trail Drive, Bent Trail Circle Bids for Phase I of the project were advertised on August 24 and 31, 1997. Bids were publicly opened and read aloud on September 15, 1997. The low bidder for this project is Denver Grouting, with a low base bid of $436,440.30. This bid was rejected by Council during the October 7, 1997 Regular City Council Meeting. Council then directed staff to bid the slurry grouting portion of the project only. Staff bid the three phases of the project for the slurry grouting only. The project was advertised on October 19 and 26, 1997. Bids were publicly opened and read aloud on November 5, 1997. The "total amount bid" is the base bid for phase I - Creekway Bend. Bid alternate #1 represents the additional cost of slurry grouting phase II - Bent Creek Drive. Bid alternate #2 represents the additional cost of slurry grouting phase III - Bent Creek Drive(West), Bent Trail Drive, and Bent Trail Circle. BID TABULATION See attached bid tabulation sheet. It is obvious from the bid tabulation that there was some confusion among the bidders around alternates #1 and #2 as to the representation of costs for the additional phases of the project. City attorneys have recommended that Council may award a bid for the base bid (phase I - Creekway Bend) since the bids are comparable. However, alternatives #1 and #2 should be rebid if Council finds it necessary. FUNDING/FISCAL IMPACT Funds for this project were budgeted in the FY 96-97 CIP budget. RECOMMENDATION Staff recommends the award of the total bid amount of $153,013.61 to Denver Grouting for slurry grouting of pipe bedding for Creekway Bend in the Timarron Bent Creek. Please place this item on the November 18, 1997 Regular City Council Agenda for City Council review and consideration. BW/RH/cre Attachment: Bid tabulation sheet Timarron, Phase I Map ID)ZIX P10-133-19?7 08:45 FP.ON !.JJE - Dal.as 77 19174215722961544 P.02/17 A 14 SLURRY GROL71NG OFPiPE BEDDING TIMARRON BENT CREEK St:BDIVISION SOUTHLAKF, TEXAS wJE NO. 961544 BID TABULATION FORBIDS RECEIVED NOVEMBERS, 1997 AT 10:00 AEI ITEM BIDDERS A. LLTINIP SUM PORTION OF BED Hayward Baker Denver Grouting A-1 General Conditions A-2 PemFormanae Bond W7 2,1-S 1,200. =a A-3 Labor & Material Bond �, I J72. fin oa Co 2, �' Lump Sum Subtotal B. UNIT PRICE OF PORTION OF BID B-1 Continuous Slurry Grout Injection Q'8, JO/. (o�- l (oi (a05,- B-2 "Plug" Slurry Grout Injection 10,148.00 (r, L 9 . tb Unit Price Subtotal l p g� �Q� 60 Z$/, TOTAL BID AMOUNT ��p�gl 'S'. 00 j 531013. Bid Alternate 01 - Continuous Slurry Grout Injection and "Plug" Slurry Grout Injection in Section Designated as "Phase Mon Drawing R-1. 000 °" a S' + Bid Alternate 02 - Continuous Slurry Grout Injection and "Plug" Slurry Groat Injection in Section Designated as "Phase 111" on Drawing R- l. ... ZO/ADO ' . 1 Yq -7S/ r I'•.'J'IiUI'L•'CTSti9d.rRUlt3dIS.WSrG:."SDMT.IAZMS c 1()6-3 Timarron Bent Creek Subdivision Proposed Phases of Street Repairs Legend Phase Creekway Bend Phase II Bent Creek Drive Phase III Bent Creek Drive (West) Bent Trail Drive Bent Trail Circle City of Southlake, Texas MEMORANDUM November 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Requested Variance to Sign Ordinance No. 506-B, for Carroll Independent School District, located at 1501 West Southlake Boulevard BACKGROUND Dr. Daniel Presley, principal of Carroll High School, has requested variance to sign ordinance no. 506-B. The sign is proposed to replace an existing sign that has been damaged. A variance allowing the existing sign was granted by the City Council in December 1992. During the October 21, 1997 Regular City Council Meeting, Council table this request. Paul Ward, Building Official, and Chuck Bloomberg, Plans Examiner, have since met with Dr. Presley to try and reduce the number of variances. The details of that meeting are contained in the attaghed memorandum prepared by Chuck Bloomberg, dated November 13, 1997. ISSUES Some of the issues surrounding this variance are listed as follows: 1. Dr. Presley has agreed to a sign that is double -poled with masonry cladding rather than the previously proposed single, metal pole. 2. The sign is proposed to be 20 feet in height to avoid vandalism, which has occurred with other signs in the past. This is a lower than the previously proposed 22 feet that did not meet the ordinance requirement for a "free-standing" sign. 3. The proposed sign contains advertisements of corporate sponsors, thus making that portion of the sign an "off -site" sign. 4. A "freestanding sign" is permitted on a site greater than seven acres with ten or more leases. The school is on a site of 52.9 acres. A representative will be present at the meeting to discuss the variance with Council. RECOMMENDATION Staff recommends the requested variance to sign ordinance no. 506-B be placed on the November 18, 1997 Regular City Council Agenda for City Council review and consideration. The applicant requests variance to the following sections of sign ordinance no. 506-B: • Section 16.C.2 - allowing a freestanding sign at 1501 W. Southlake Blvd. • Section 17.A - allowing a readerboard sign. • Section 17.A - allowing an off -site sign as defined in section LA CRE/cre Attachment: Memo from Charles Bloomberg, Plans Examiner Sign Variance Application Photograph of Existing Sign 10c-2 City of Southlake, Texas MEMORANDUM November 13, 1997 TO: Bob Whitehead, P. E., Director of Public Works FROM: Charles Bloomberg, C. B. O., Plans Examiner SUBJECT: Sign Variance Appeal for Carroll High School 1501 W. Southlake Blvd. Dr. Daniel Presley, school principal, has applied for a variance to replace the freestanding sign in the front yard of the Carroll High School at 1510 W. Southlake Blvd. The existing sign has a broken panel on one side. The new sign would be located in the same place as the existing sign. On December 1, 1992, the City Council granted a variance to allow the present sign under the sign ordinance in effect at that time. On October 21, 1997 the City Council tabled this item to give the applicant time to meet with city staff and address the particular issues involved in order to reduce the scope of the appeal. This morning Paul Ward and I met with Dr. Presley to discuss his request. He agreed the school would willing to reduce the height of the sign to twenty feet, to construct it as a double pole sign, and to clad W'in masonry materials per the sign ordinance specifications for a freestanding sign. He stated he still needs a variance to the following three sections: Section 16.C.2 prohibits freestanding signs on this site. Section 17.A prohibits reader board signs since the adoption of Ordinance 506-B. Section 17.a also prohibits off -site signs as defined in section LA. Dr. Presley stated the reason for the freestanding verses monument sign is not for the readability due to height but to make it less convenient to vandalize. The present sign was damaged by rocks being thrown at it. They recently had vandalism on items within reach of the ground. Putting a monument sign on a berm would not solve that problem. He said this is unique to a school in that it is much less of a problem on business signs. The ordinance permits a freestanding sign on a site over seven acres with ten or more leases. This site is 52.9 acres and therefore much larger than a typical ten tenant shopping center. The advertising panels are needed because the only way the school can have the sign is through corporate sponsors. They feel the reader board sign is more of a community service than an advertising sign in that its purpose is to communicate events to the students and parents. Dr. Presley stated he will be out of town on Tuesday but will have a representative there to discuss any issues that may come up at the council meeting. attachments: Sign variance application Sign drawings r' Photograph of existing sign Minutes of 12-1-92 cc meeting October 17. 1997 memo 10C-3 SCu:..-<= ?=h-'=a=y 6 1995 SIGN VARIANCE APPLICATION .. Carroll High Sc:noo: Z=SS: 1501 W. Southlake Blvd. Southlake, TX 76092 817-481-2.185 817-481-7826 Carroll T_ndependant School Distric 1201 N. Carroll Aypn are Southlake, TX 76092 817-481-5775 817-421-0810 `ollowirsE in Formation ue tams Co the locatior for whiC''2 the Variance is be=PLC .aro.+. .-:s.= OF aysrLVESS OR O?'RATlON: Carroll High School .CAL ADDRESS: 1501 W. Southlake Blvd., Southlake DHSCRI?T A7 . Lot 1 Block 1 Subdivision Carroll High School t i complete per .e r� re e.n a_ p_ c3t cn _s coup_ as _ t: _�.'_ m is o= S_c- :ante NOas S r_zed belcw. I ` rth er understand t hat _t is nec_ssary to have a ,se_^. ve at t e Citv C^. ncil meeting Who is aut orized� to discuss this request, 55 unresolved :Mues, and amDrove C::a:_ceS, �.tNtEL P�ESLEY _ /5 -,97 .cant's Sig-.at::� Date: r+rr+++ra++r+rt*::r+++++++a++:+eaaaaa +aat++++tar++aata+t+++a+aaaaaaat#ataataa+aa+ta:t .-t`/ Use Orl•/: _•:'==�V acknc ledae re=e:7_ of tsign variance a^7i_C3=_on and t^_ a:D?_ction fee .e a-ount c: S on this the Carr o: 199__ !d: Titre. ,aaa+rt+tatatata�tta+rt+++tat+aa+ataa++rasa++++a+a++++a+++++ataaa+a++++aaa+aata#+aa+++ .ollowing checklist is a sumcnary o` requirements for sicn variance recaests as -red bV the C=t;/ of Sou'-hlake. Tire applicant shoL'ld fL•rther refer to the SiJC'.'1 zance No. 506 and amendments, and other ordinances r,.aos, and cedes available at the Hall that may certain to this sign variance request. Comm eted s_g-.. variance request appl _cat_c.^.. Ccmnleted demonstration o: Conditions applicable to the requested variance (see a=tac red. ) Site p:an showing t1he location of the sign variance rectaest and any other signs that con`orm to o= are exempt from the sign ordinance. T.e site plan s: all also ind_ca=e the c`'_ldirg, 'landscaped areas, parking & approach es and a-3jo:.._ scree-- R.O.W. sca_eG cc 1OC-4 Demonstration -'�`o F 7T0:Ji*+a C'r+r[1ii_ie)r±S arm ann7i V-at a l_teral enforcemnent of sign regulations wil- creates an unnecessary hardship or practical difficulty on the applicant. In an attempt to improve communication between Carroll High School and the Southlake community, we would like to replace and upgrade our existing. message center in front of the high school. Our current message center is broken, and a larger electronic messaqe center would be much more effective in communicating with parents acid the Southlake community. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. The difficulty in facilitating effective communication is unique to Carroll High School. We have a desire and need to keep the parents and community aware* of activities and announcements that affect the entire Southlake community. As we continue to grow, so does the need fo ommunication. We now have almost 1500 students. As we grow, the nfor more effective means of communication also becomes greater. 0 That the variance will 1 not injure and will be wholly compatible with the use and permitted development of adjacent properties. The message center -will replace an existing message center. It will be compatible with the use and permitted development of adjacent properties. That t^e variance will be in harmony with the spirit and cur -Dose of the sian ordinance. The message center will be attractive and in harmony with the spirit and purpose of the sign ordinance. The purpose of the message center will be to improve communication between Carroll High School and tije C1Clze"s Of SOu`.i?i a��e. 1OC-5 ` -' 9 ON 3 ZO 39Gd ONI SWVIMIM N3-10 TZ90989LIB 8 z� ccw Ncn �o J W �a 9Z:ZT L66T/bT/TT City of Southlake, Texas MEMORANDUM November 13, 1997 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Future roadway extension of Graphics Drive (proposed in Cornerstone Business Park) from Crooked Lane to FM 1709 east of Georgetown Park Office Development. Attached you will find a letter from Richard Myers dated October 15, 1997 which requests that the City consider accepting a ROW dedication for a future roadway connecting Crooked Lane and FM 1709 through his property. Note that the ROW dedication also affects property (Nettleton Tract) east of his Georgetown Park project which he currently has under contract as well as the property recently purchased from the City. Attached to this memo are the following items: 1. Richard Myers letter dated October 15, 1997. 2. Graphic road alignment (alternative A) drawn by Richard Myers. (with alternatives B + C) 3. Revised Preliminary Plat of Georgetown Park submitted on 10-9-97 which shows ROW dedication. 4. Revised Concept Plan of Georgetown Park showing two additional pieces of land, one purchased from the City, and the other (Nettleton Tract) which Mr. Myers currently has under contract. 5. A brief evaluation prepared by staff regarding alternative alignments accomplishing the same circulation pattern. Please place this request on an appropriate City Council agenda for discussion and any desired directions related to this request. Feel free to contact me should you have any questions. GL/gl Q enc. As noted above cc: Richard Myers LP.COMDEV\WP-FILES',ME110\97CASES',GRAPHIC1. WPD g Realty Capital Corporation October 15, 1997 Mr. Greg Last City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 RE: Proposed Road Extension Dear Greg: We would be interested in donating a 60-foot right-of-way to the City of Southlake to facilitate the extension of Georgetown Parkway from Graphics Drive to Southlake Boulevard. Please see the proposed road extension location on the attached page. We would also be interested in paving the section of that road that is adjacent to Georgetown Park and Gordon Nettleton's property to our east. The Nettleton property is Tract 2A2 (2.53 acres) on the attached page. Please note that we now have the Nettleton property under contract to purchase and would like to submit our re -zoning and preliminary plat applications to the City as soon as possible. Before doing so, however, I would like some feedback from you regarding the City's interest in this location for a future public street connection. From my calculations, the new parkway would be located approximately 1,100 to 1,200 feet east of the Kimball Road/Southlake Boulevard intersection. The parkway's connection to Southlake Boulevard would replace the existing driveway entrance to Georgetown Park. I believe there are several traffic flow and city planning benefits to this new road connection and look forward to working with the City to accomplish those. Thank you for your consideration of this proposal. Best regards, Richard A. 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