1997-10-21 CC Packet City of Southlake, Texas
MEMORANDUM
October 17, 1997
TO: Honorable Mayor and Members of City Council
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FROM: Curtis E. Hawk, City Manager
SUBJECT: Agenda Item Comments and Other Items of Interest for City Council
Meeting October 21, 1997
1. Agenda Item No 5A Authorize the Mayor to execute an Interlocal Cooperative
Agreement for Fire Protection Services between the City of Southlake and Denton County.
As noted in the memo from Billy Campbell, Director of Public Safety. this agreement is
the same as the previous year's agreement, except for the increased rate paid to the City
per call, and the reporting requirements. Except for mutual aid, we made no calls into the
Denton County unincorporated area last year under the terms of this agreement. Even so, !
this agreement is of benefit to us, and places no significant additional burden on our
resources. If you have any further questions, please contact Director Campbell or Garland
Wilson, Deputy Director of Fire Services at ext. 735.
I
2. Agenda Item No 5B Authorize the Mayor to execute a renewal of the Cool2erative
j Purchasing Agreement for 1997-98 between the City of Southlake and Denton County.
This agreement allows us to participate with Denton County in purchasing contracts for
various items, allowing us to potentially realize a cost savings associated with volume
buying. This agreement costs the City nothing to execute, but allows us the opportunity to
participate with Denton County on certain purchases when that is advantageous to us. We
have a similar agreement in place with Tarrant County. If you have any further questions.
please contact Director Campbell or Garland Wilson, Deputy Director of Fire Services at
ext. 735.
3. Agenda Item No 5C Amend the City's Investment Policy to comply with recent
legislative changes to the Public Funds Investment Act. This item was originally presented
at the October 7 Council meeting. At that time, staff requested the item be tabled in order
to complete review by the City Attorney. Debra Drayovitch spoke with our City's
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 2
Investment Advisor Trip Irby of First Southwest Asset Management, Inc. and confirmed
the policy's compliance with the law. There were no additional modifications to the
investment policy as a result of this review.
The materials presented for your review are identical to those included in your last Council
packet. The letter from First Southwest Asset Management, Inc. dated October 1, 1997
outlines the suggested modifications as a result of the recent legislative changes. Director
of Finance Lou Ann Heath's memo specifically details the changes that have been
incorporated in the City's Investment Policy. The four changes she highlights have been
identified through the use of strikeouts and italics in the policy document on pages 5C-9,
5C-14, 5C-19, 5C-20. Please call Lou Ann Heath at ext. 716 if you have any questions
prior to the meeting.
4, Agenda Item No 5D Authorization for the City's Concurrence to Execute a Contract for
Sanitary Sewer Improvements for Sutton Place CDBG Project No. B96-UC-48-0001-60-
15. On September 2, Council concurred with the execution of the contract with Tarrant
County to install the trunk line in Sutton Place. This is the second phase of that project
which provides sewer connections to the 27 homes within the subdivision.
Recall that we discussed with you previously the issue regarding comparisons between the
city providing sewer service connections in Sutton Place when we are not providing them
in our other neighborhood sewer projects.
As was mentioned when the first phase was bid, the majority of the service extension cost
will be borne by the City, which is not our standard process. However, staff feels that this
can be justified because the County contributes the majority of the cost for the overall
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 3
project. On the other neighborhood sewer projects, the City pays for the trunk line where
in the CDBG projects, the County is paying for that portion.
It is in the best interest of the City to provide sewer to this neighborhood as soon as
possible. Staff recommends that we proceed with this funding to insure the installation of
the sewer trunk line by the County. I believe the leverage of City funds to utilize County
funds is appropriate. Contact Greg Last, Bob Whitehead, or myself regarding this
recommendation
5. Agenda Item No 5E Authorize the Mayor to execute a Medical Control Services
Agreement between the Baylor Medical Center and City of Southlake Department of
Public Safety. The City has contracted with Baylor for Medical Control Services since
1990. Renewed annually, a medical control contract is required by the Texas Department
of Health, the State Board of Medical Examiners, and Bureau of Emergency Management
for all entities which provide EMS service. Medical control services consist of on-line
medical control 24 hours a day for seven days a week; formulation and review of EMS
protocols; monthly scheduled meetings to discuss operations of Emergency Service and
responsibilities; and establishing guidelines and monitoring quality assurance. Note this
service costs the City $4,485 for the year. Please call Director Campbell if you have any
questions concerning this item.
6. Agenda Item No 5F Change Order No 2 for sanitary sewer lines and water line to the
Miron Addition. This change order is the one referred to at the October 7 City Council
meeting when we discussed the need for a 20" water line and a 12" water line to alleviate
low water pressure problems in a portion of Oak Tree Estates. This change order is for
the 12" water line, which will be constructed under the current contract with J.S.
Constructors, Inc. for the installation of the sanitary sewer line and water line to the Miron
Addition. This change order, if approved, will not result in the cumulative change orders
(4m." exceeding 25% of the original bid amount.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 4
7. Agenda Item No 5G Authorize the Mayor to execute a contract with Dunaway &
Associates for the design of North White Chapel Boulevard to the County Line. This
contract with Dunaway and Associates is to provide surveying and engineering plans for
the reconstruction of N. White Chapel from Dove St. to the county line. As noted in the
memo from Bob Whitehead, the professional services contract with Dunaway will cost
S37,750. This contract satisfies a portion of the interlocal agreement previously approved
with Tarrant County. In this agreement the City agrees to provide construction materials,
plans, and surveying, and Tarrant County provides the labor. Note that through the
interlocal agreement with the County, the City saves over $42,000 on this project. Please
call Bob Whitehead at ext. 740 if you have any questions regarding this item prior to the
meeting.
8. Agenda Item No 6A Presentation from Bob Stith Mayor's Ethics Ordinance Review
Committee. Established by the Mayor in early July. this committee has met three times to
review the City's ethics ordinance. Mayor Pro Tem Ralph Evans has been the Council
liaison for this ad hoc committee; he has informed the Council that a committee
representative would be providing a status report at this time. I am hopeful that in
reviewing the ordinance and addressing the committee's suggestions, the concerns of
Council and the citizens regarding the City's contract procedures will be alleviated. I
know several of you have attended these meetings, and recognize the dedication of the
committee to this issue.
9. Agenda Item No 7A 2nd Reading Ordinance No 480-259 ZA 97-111. Rezoning from
AG to SF-lA for 9.814 acres (Keene). There have been no changes in this request since
Council's approval of the first reading by consent 7-0. Contact Dennis Killough or Karen
Gandy regarding this request.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 5
10. Agenda Item No 7B Ordinance No 683 2nd reading. Sidewalk Ordinance. At Council's
suggestion, a meeting of selected developers was held to gather their input on the impact of
the proposed sidewalk ordinance on their activities. This group met Thursday October 16,
with City staff and Park Board member Ronnie Kendall, and made a number of comments
and several recommendations for Council's consideration. In her memo, Director of Parks
& Recreation Kim Lenoir highlights the issues raised by the developers. Attached to Kim
Lenoir's memo is the revised draft of the sidewalk ordinance written by the City Attorney
reflecting Council's comments at first reading.
A letter from City Attorney Wayne Olsen accompanies the ordinance and describes the
modifications made since first reading. As discussed at last Council meeting, the sidewalk
regulations will be considered as an amendment to the Subdivision Ordinance in order to
allow the City to enforce the regulations.
There are three other substantive changes addressed by the City Attorney. These are not
identified by specially formatted text within the ordinance itself. but are described in the
attorney's letter. In short, they are as follows:
Section 5.06B (page 7C-6) Sidewalks in new residential subdivisions
Paragraph C (page 7C-7) Sidewalk specifications (location, construction, etc.)
Paragraph D (page 7C-9) Sidewalk maintenance
Note that many of the concerns/questions raised by the developers have not been
addressed in the ordinance at this time, given the schedule of things to do. We recognize
this ordinance is important and a priority to the Parks and Recreation Board. However, if
you want us to consider ways to address in the ordinance those concerns raised by the
developers, we would request that you table final consideration of the ordinance until the
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
1.
October 17, 1997
Page 6
December 2nd meeting in order to give us adequate preparation time. At this point I
would not recommend sending the ordinance back to the Board and the Commission,
rather, I would request creating an ad hoc committee consisting of several members from
each and several of the developers, similar to the Tree Ordinance committee. This group
could work with staff to develop the appropriate sections necessary to address the
concerns. Having done this, we would then bring the ordinance back to City Council.
Please let me know if you have any comments about this prior to the meeting.
11. Agenda Item No 7C 2nd Reading Ordinance No 480-260, ZA 97-118. Rezoning, and
Concept Plan for a Senior Center. There have been no changes in this request since
Council's approval of the first reading by consent 7-0. Contact Dennis Killough regarding
any review comments, or Shelli Seimer regarding any plans for the senior center.
12. Agenda Item No 7D Ordinance No 572-A 2nd reading, amendment to the 1991 Edition
of the Uniform Fire Code. This ordinance and the accompanying ordinance to amend the
Uniform Building Code require all commercial buildings to have sprinklers installed when
the square footage exceeds 6,000 square feet of floor area. In his memo, Deputy Director
of Fire Services Garland Wilson gives a brief history of the Regional Code Coordinating
Committee and the recommendations brought forward regarding regional code amendments
for North Central Texas. There are two methods of approach presented. One places
emphasis on fire fighting - with suppression of fires through external forces. The second
places the emphasis on built-in suppression systems (sprinklers) allowing less commitment
of manpower and resources. Changes in both codes (UFC & UBC) are designed to ensure
sprinkler requirements match the fire fighting capabilities of individual municipalities.
The importance and trade off between these two approaches are underscored in the
materials presented in Item I IC below. This discussion item highlights the new ISO rating
which will take effect January 1998.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 7
Concerning the questions raised about the added cost of the back-flow preventers and the
vaults, we have surveyed all of the area cities including Grapevine, Colleyville, and
Keller, and all require this device. Note the attached memo from Chuck Bloomberg.
13. Agenda Item No 7E Ordinance No 619-A 2nd reading. amendment to the 1994 Edition
of the Uniform Building Code. This amendment is parallel to the modification to the
Uniform Fire Code described in the previous item.
14. Agenda Item No 7F Ordinance No. 687, 2nd reading Designating East Highland Street
between 800-1100 block as a two-wax street and repealing Ordinance No. 370. This is the
second reading of the ordinance. There is a typographical error in Section 2 of the
ordinance in reference to the block numbers. The attorneys will have a corrected copy for
you on Tuesday. There are no other changes since approval on first reading. To date we
have received no comments opposed to the change.
15. Agenda Item No 7G ZA 97-127 Revised Site Plan for Georgetown Park, Phase II. This
plan is basically identical tc• the plan previously approved by Council with the exception
that they are requesting the addition of an exterior stair case on the west elevation. The
Planning and Zoning Commission recommended approval 7-0 allowing staged
implementation of the bufferyards. Contact Dennis Killough if you have any questions
regarding this request.
16. Agenda Item No 7H A 97-129 Revised Site Plan of orthodontic office for Robert W.
Gallagher. There are no unresolved issues regarding this request. The Planning and
Zoning Commission recommended approval 7-0 with amendments as noted in the Staff
Report. Contact Dennis Killough at ext. 787 if you have any questions regarding this
request.
17. Agenda Item No 7I Site Plan of the Courtyard at Timarron. There are no unresolved
(4101 issues regarding this request, however there are some unique issues. Recall that this
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 8
property is part of the Residential PUD for Timarron and was designated with "C-2" uses.
The developer, Richard Meyers, is proposing a development which conforms to "0-1"
zoning and is receptive to downzoning the property. A "catch-22" situation arises between
Timarron and Mr. Meyers in that Timarron does not want to consummate the downzoning
until Mr. Meyers has closed on the property and Mr. Meyers does not want to close on the
property until he is assured that he can build his project as he has proposed. This has
resulted in two applications. The application before you is the site plan still under the R-
PUD zoning. Currently before the P&Z Commission is the downzoning from R-PUD with
C-2 uses to SP1 with 0-1 uses. Both requests are using the same drawing as the required
exhibit. The processing of two cases should allow Mr. Meyers to obtain approval on the
site plan and close the property prior to the second reading of the SP1 zoning. This will
make both Mr. Meyers and Timarron comfortable with their contractual arrangements.
Concerning the site plan case before you, the applicant had previously met with the
neighbors and worked out many issues with them prior to submittal. The Planning and
Zoning Commission recommended approval 6-0-1. Contact Dennis Killough ext. 767 if
you have any questions regarding this request.
18. Agenda Item No 7J ZA 97-081 Site Plan of proposed Lot 2 Commerce Square. There
are no unresolved issues regarding this request. The Planning and Zoning Commission
recommended approval 5-1-1 (Commissioner Creighton opposed) with amendments as
noted in the Staff Report. Contact Dennis Killough if you have any questions regarding
this request.
19. Agenda Item No 8B ZA 97-128 Preliminary Plat for Lots 1 and 2 Block 1. Panorama
Place. There are no unresolved issues regarding this request. The Planning and Zoning
Commission recommended approval 7-0 subject to the Plat Review Summary. Contact
Dennis Killough if you have any questions regarding this request.
20. Agenda Item No 8C 1st Reading Ordinance No 480-261 ZA 97-130. Rezoning and
Concept Plan for Southlake Garden Offices. The only unusual issue regarding this tract is
the applicant's desire to acquire an access strip across the land the City owns west of the
proposed ROW. We will discuss the aspects of this land issue during executive session.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 9
There are no other unresolved technical issues regarding this request. The Planning and
Zoning Commission recommended approval 6-1 (Commissioner Edmondson dissenting)
subject to the Plat Review Summary. Contact Dennis Killough if you have any questions
regarding P&Z action on this request. Contact me or Greg Last at ext. 750 if you have
concerns about the access strip.
21. Agenda Item No 8D ZA 97-131. Plat Revision for Lots 4R1-4R3 Block 6. Southridge
Lakes, Phase C-1. There are no unresolved issues regarding this request with the
exception that the applicant desires a reduction in ROW width from the required 60' to 50'
with access easements outside the ROW. Staff recommends staying with the standard 60'
ROW width for commercial areas. This provides sufficient parkways (area between curb
and ROW line) for utilities. It also allows for a bit more landscape area between the curb
and any parking because there are no bufferyard requirements along internal streets in this
situation. Contact Dennis Killough if you have any questions regarding this request.
22. Agenda Item No. 10A. Requested variance to Sign Ordinance No. 506-B for Village
Center Chevron located at 2100 East Southlake Boulevard (FM 1709). As noted in the
memo from Bob Whitehead, this variance is for the readerboard portion of the sign, since
readerboards are not allowed under the sign ordinance. The applicant has requested this
variant::; to allow changeable gasoline prices to be displayed, similar to the Tetco sign.
The size of the sign meets the requirements of the ordinance. If you have any further
questions. please contact Bob Whitehead at ext. 740.
23. Agenda Item No. IOB. Authorize the Mayor to enter into a developer agreement for
Wilmington Court. located on the northwest corner of the intersection of South White
Chapel Boulevard and West Continental Boulevard. The major exception to this
developer's agreement from the standard is the request by the developer to immediately
release all of the lots backing up to Continental and White Chapel, as well as the two lots
adjacent to Cornell Place, which is the street stubbed from Princeton Park. Although the
normal procedure is to release 107c of the lots after water and sewer is made available, we
have done this sort of thing before. In the case of Lonesome Dove Estates, we released
those lots fronting on N. Carroll to the developer for immediate sale to builders. Note in
the memo from Ron Harper the developer's contention that fire protection is available.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 10
Should City Council agree, there are other issues we need to address which we will discuss
at work session. If you have any further questions, please contact Ron Harper.
24. Agenda Item No 10C Requested variance to Sign Ordinance No. 506-B for Carroll
Independent School District. The Principal of Carroll High School, Dr. Daniel Presley,
has applied for a variance to replace the freestanding sign in the front yard of the school.
The existing sign has a broken panel on one side. The replacement sign for which they are
requesting the variances is 121.5 square feet in area, twenty four feet high, has a single
pole without masonry, electronic readerboard, and contains advertising panels for
sponsors. The proposed sign requires variances of six items which are outlined in Bob
Whitehead's memo. A drawing of the replacement sign is attached to Bob's memo.
Dr. Presley has suggested that the sign could be for joint use. I like the possibilities.
There may be some things we could do (e.g., pole vs monument cost) to make it more
appropriate.
25. Agenda Item No 10D Authorize the Mayor to enter into a partial developer agreement
for Cornerstone Business Park located at the west end of Exchange Boulevard. There are
no unresolved issues with this agreement. The developer would like to begin grading and
earthwork as soon as possible, so we have drafted a partial developer's agreement which
addresses only site work and drainage. In addition, the developer will be required to pay
the park fees at this time. Note that the park fees assessed are those which were in effect
at the time the property was platted, prior to the most recent change to the subdivision
ordinance. If you have any further questions, please contact Ron Harper at ext. 779.
26. Agenda Item No 1IA Discussion Tree Preservation Ordinance No. 585-A. Included in
your packet is Draft 2 of the Tree Preservation Ordinance as recommended by the
workgroup addressing that issue. There has been a lot of work put into this revision.
Contact Councilmember Martin or Greg Last if you have any questions regarding this
recommendation.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page t I
27. Agenda Item No. 1113. Recommendation of candidates to Tarrant Appraisal Review Board
(ARB). Your packet contains a letter from John Marshall, Chief Appraiser, Tarrant
Appraisal District, offering the City Council an opportunity to recommend candidates for
the ARB (note the Review Board is different from the Board of Directors, as we discussed
and you acted upon, last Council meeting). Your packet also contains a resolution adopted
by the Tarrant Appraisal District Board of Directors, which lists the qualifications of
potential ARB members. It is not necessary for City Council to vote on a candidate,
merely to let me know if you have names you would like to recommend. If so, let me
know and we will call them and let them know what they would need to do in order to be
considered. Note in the letter from John Marshall the November 15 deadline. This item
has been placed on your agenda as a discussion item. Please let us know if you have any
questions - specific questions may require contacting TAD in advance of the meeting.
28. Agenda Item 11C. Insurance Service Organization rating. In his memo, Director of Public
Safety Billy Campbell describes the changes in the regulations governing how the State of
Texas and the insurance companies determine the rate that will be applied to cities for
fire insurance coverage. He emphasizes the impact it will have on all property owners in
the City, and the approach City staff recommends pursuing. As stated by Director
Campbell, it is our position that we utilize education and proactive building codes and
inspections, coupled with appropriate water sources and proper equipment as opposed to
establishing and maintaining numerous facilities that will create a continual drain of tax
dollars up to and after build out.
Garland Wilson, Deputy Director of Fire Services outlines the differences between the
previous "key rate system" and the new Insurance Service Organization or ISO rating
system. He describes how the ISO rating is determined based on three factors : fire
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17. 1997
Page 12
services. water services, and communications. The fire suppression rating schedule is a
ten point scale ranging from ten as worst and one being the best. When Southlake had its
last ISO rating in 1988, we received a six as our public classification rate. With our new
infrastructure. Deputy Director Wilson believes Southlake should receive a more favorable
rating. He is arranging a pre-rate survey in mid-November to identify potential
weaknesses with our present conditions. After the identified areas are addressed, he will
request an official rating survey.
29. Agenda Item No. I ID. November 4. 1997, Regular City Council meeting. Recall that
this meeting falls on the same day as election day. The County will be holding elections
in the fire bay, and we will be holding Crime Control District and Non-binding referendum
election in the council chamber. Although the polls will close at 7:00 p.m., additional
time may be needed to remove ballot boxes, etc., and there is always the possibility of a
recount. I have met with staff, and it appears that at this point there are no urgent items
for consideration coming forward that would require lengthy deliberations. However, due
to restrictions in our Charter, we cannot cancel the meeting. We could hold a brief
meeting in the DPS training room - call the meeting to order, approve the minutes of last
City Council meeting. and act on any item that could not be postponed until the second
meeting in November (hopefully consent items) due to timing/scheduling. Hopefully, we
can take a few minutes to discuss this Tuesday night so that I can get some general
direction from you. Other options could be to continue the meeting to another night, or to
hold the meeting at another facility. Please let me know your thoughts on this issue prior
to the meeting if possible.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 13
OTHER ITEMS OF INTEREST
30. City of Southlake v Kathy A Brunson et al The trial for this case has been set for
Wednesday, December 10, 1997. at 10:00 a.m. If you have any questions regarding this
issue, contact me or Kim Bush at ext. 702.
31. Land Use Plan Update. The 1997 Land Use Plan update is proceeding diligently at this
point. Attached to my memo is a map showing all the study areas for your reference. The
Commission met last night (Thursday the 16th) and discussed areas E and F. Their next
meeting (tentatively October 30) will address areas G and H which are along SH 114. The
schedule of Study Areas already discussed is as follows:
Study Area A. Discussed on September 11, October 2, and October 16. Outstanding
issue - Chairman Wright wants to discuss issue of recommending Low Density from
Medium Density with Ms. Tucker.
Study Area B. Discussed on September 11.
Study Area C. Discussed on October 2. Outstanding issue - pending City initiated
rezoning of the northeast corner of FM 1709 and N. Peytonville.
Study Area D. Discussed on October 2. Outstanding issues - possible KISD facilit""
on Union Church and possible personal care facility on FM 1709.
Study Area E. Discussed on October 16. Outstanding issue - pending rezoning of
Southlake Garden Offices to 0-1.
Study Area F. Discussed on October 16. Outstanding issue - possible CISD facility
on S. Kimball.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 14
Outstanding issues will be addressed at the P&Z work session during discussion of the
Land Use Plan as a whole prior to the public hearing. Contact Greg Last at ext. 750 or
Chris Carpenter at ext. 866 if you have any questions regarding the 97LUP update.
32. Economic Development Activities. Kate Barlow organized a meeting on October 14th of
eleven (11) northeast Tarrant County communities. The participants agreed to establish a
formal method to routinely share regional statistics, and will informally share information
on existing and future available space and manufacturers within our respective
communities. The group has committed to meeting quarterly. It was generally felt by all
that there was a need to create a greater awareness of the northeast Tarrant County market.
If you have other questions regarding this meeting, contact Kate Barlow at ext. 776.
33. Employee Country BBQ - 1997 Fund-raiser for the United Way Campaign Employees of
the City of Southlake raised more than $12,882 last year for the United Way Campaign.
This was the third year in a row the City has ranked number one per employee
contribution in Tarrant County.
This year's goal, determined by the United Way Employee Campaign Committee, is
$13.500. The kick-off event to raise funds toward this amount is scheduled for October
24. 11:00 a.m. - 1:30 p.m. in the fire bay at City Hall.
This year's event, Country BBQ, will feature a variety of activities for City employees and
promises great brisket and chicken, bake-off, annual pie eating contest, and a whole lot
more. The Mayor and Council members have been asked to be judges for the bake-off.
Those attending the BBQ as judges will not need to pay for their lunch.
The United Way campaign is the charity's annual fund raising drive. The campaign raises
money from people in Tarrant County for people in Tarrant County who really need help.
This year's theme is "changing lives, creating futures".
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 15
United Way of Metropolitan Tarrant County is different from most charities because it
does not support a single cause. Forty-two United Way Partner Agencies work year-round
to strengthen families, nurture children and youth, promote health and healing, increase
self-sufficiency and support older adults. These health and human service organizations
receive ongoing funds from the annual United Way of Metropolitan Tarrant County
campaign.
34. Flu Shots. Flu shots will be provided at NO COST for all City employees and Council
members on Wednesday. November 5 from 8:00 a.m. to Noon in the conference room at
City Hall. If you plan to get a flu shot, contact Lauren at ext. 836
35. Strategic Plan Meeting. Just as a reminder, we will be having our last sessions with the
v consultant this week. Council will be meeting with the consultant on Thursday October 23
from 6:00 to 8:00 p.m. in the administration building conference room. Building on the
survey responses and the SWOT (Strength, Weaknesses, Opportunities. Threats) analysis
performed in the first session, the consultant will seek to identify Council's future
expectations and attempt to develop broad organizational goals.
The Directors will meet with the consultant earlier on Thursday for their final work
session. Friday afternoon I will meet with the consultant and discuss how all of these
materials will be incorporated into the development of a strategic plan. As discussed when
we first brought the idea of the visioning process forward, the consultants will use the
information they have gathered over the past two months to develop a final report for the
City.
Honorable Mayor and Members of City Council
A(Yenda Item Comments and Other Items of Interest
October 11, 1997
Page 16
36. Metro Pool Update. As most of you are aware, the City has discussed the possibility of
relocation with Metro Pool Chemical since early 1995. At that time, the owner of Metro
Pool, Mr. Bob Meyer, had indicated a willingness to relocate the chlorine-transfer portion
of the operation or to convert his operation to dry chemicals which are considered less
hazardous. City Council decided to delay the amortization process at that time, allowing
Mr. Meyer an opportunity to investigate his alternatives.
Although Mr. Meyer has been cooperative with city staff, it did not appear that he had
pursued any alternatives to mitigate some of the safety concerns raised by the City Council
regarding the close proximity of residential developments and the increased traffic along
Continental Blvd. On June 9, 1 met with Mr. Meyer and asked him to investigate his
alternatives and outlined the options the City had at its disposal.
Since that time Mr. Meyer has had an appraisal of his property and his attorney has
provided a settlement offer which he forwarded to the City in a letter dated October 7,
1997. I have included the appraisal provided by Mr. Meyer in August and the settlement
letter from his attorney. As you wi?1 note, the appraisal for the property at $190,000 co
S210,000 with the settlement offer being $285,000. City staff had an appraisal on the
property with the valuation set at $185,000.
During executive session, the City Attorney will brief Council on possible ways to proceed
and answer any questions you may have. Subject to Council's direction, staff will proceed
with this matter.
37. Reinvestment Zone Activities. Significant progress has been made since the ordinance
creating the Reinvestment Zone was passed on September 23. Staff has been in steady
communication with the overlapping taxing jurisdictions to keep the process on schedule.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 17
Meetings were held with each of the County Commissioners and Judge Vandergriff to
ensure that they are supportive of our initiative. As Mayor Stacy can attest, we had very
positive responses when we met with the County.
In following the implementation process, the City is now requesting an official
Reinvestment Zone Board representative and a letter of intent from each of the taxing
jurisdictions. On October 10, a letter was sent to the identified representative from each of
the overlapping taxing jurisdictions requesting these two items. Although all of the taxing
entities have identified individuals who have been their contact person for much of the
preliminary planning, statute requires that the governing body of the overlapping taxing
jurisdictions appoint their representatives by resolution within 60 days of the passage of the
ordinance or prior to November 21.
The overlapping taxing jurisdictions were also requested to provide a letter of intent. This
document, which is a precursor of the interlocal agreement, indicates that the governing
body is interested in participating in the zone, however it is non-binding and does not need
to be specific in terms of lc .el of participation.
In order to allow us to move forward more quickly in developing the final project and
finance plan a meeting with representatives of the overlapping taxing jurisdictions has been
scheduled for Wednesday, October 22 at 7:00 p.m. in the police training room at City
Hall. As no reinvestment board members have officially been appointed by their taxing
jurisdictions. this will be an informal briefing from staff on our estimated time line and an
opportunity for the overlapping taxing jurisdictions to resolve any outstanding issues.
Although I encourage you all to attend, this is essentially a staff meeting and no official
notice of the meeting will be posted. Thus we must be cautious not to have a quorum of
Council present and risk violating the Open Meetings Act. Please let me know if you plan
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 18
to attend, so we can avoid this complication. I anticipate we will be having official
Reinvestment Zone Board Meetings in early November, and at that time it will be essential
that all Councilmembers attend.
Just a reminder that the Southlake Chamber is sponsoring a Town Meeting on Monday
October 20 at 7:00 p.m. at Johnson Elementary. Southlake Town Square and the
Reinvestment Zone will be the topics of discussion. I have attached the flyer distributed by
the Chamber.
38. Standards of Care Ordinance. This item was not brought forward since it had not yet been
drafted in an ordinance format and the attorneys are still reviewing it in regards to
compliance with the state statute requirements. 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 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. We will also make the changes we had discussed with you previously, such as
ensuring the jot requirements specified are in accordance ivlth our existing job
descriptions.
This item will be brought forward for first reading at the November 18 City Council
meeting.
39. SPIN Summit Update.. Recall that Dr. Richard Cole, UT Arlington, is the moderator for
the SPIN Summit of Community Leaders. Doug Melvin, General Manager and Executive
Vice President of the Texas Rangers, will be the opening guest speaker. Mr. Melvin has
been asked to focus on teamwork as his theme.
The known projects to be presented at the Summit include, City entrance portals, a nature
center, library, joint use multiuse recreational facility, and a tree farm. There are still a
few participants who have not indicated the nature of their proposals.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 19
All Councilmembers are encouraged to arrive early and attend the 2:00 p.m. reception for
special guests at Carroll High School Auditorium.
40. Safety Fair. The Southlake Department of Public Safety participated in the annual Safety
Fair on October 16 - 17 along with the cities of Grapevine, North Richland Hills and
Colleyville, D/FW Airport, NE Tarrant County HAZMAT, Tarrant County Sheriff's
Dept., Corps of Engineers, Red Cross and Careflight. Southlake DPS hosted the fair on
October 17 at Wal-Mart. Several presentations and demonstrations were given on crime
prevention and fire safety. Approximately 20 policemen and firemen from the Southlake
DPS were present.
41. Joint Committee on Drug & Alcohol Awareness. The first meeting is scheduled for
Thursday, November 6th at 6:00 p.m. at the Community Center. The size of the
committee makes it very difficult to find a meeting time which will work for everyone.
Therefore, in order to schedule the first meeting, the approach was to find a date that the
two Council members and the two School Board members had available, and this was the
earliest. Letters have been distributed to the members of the committee notifying them of
the first meeting.
42. Senior Center Update. The kick off to the senior center renovation project is one week
away. We have 47 volunteers who have signed up to work on Saturday, October 25. and
22 volunteers signed up for Sunday, October 26 (many of the volunteers are city
employees). Volunteers will be working from 8:00 a.m. until 5:00 p.m., on both Saturday
the 25th and Sunday the 26th. The workdays are split into two shifts -- 8:00 a.m. to 12:30
p.m., and 12:30 p.m. to 5:00 p.m. Lunch, donated by Kroger's and others, will begin at
noon. On Saturday, Mayor Stacy and Dick Johnston, Senior Advisory Commission
Chairperson, will address the group at 12:30. On Sunday, "Homer Depot," the Home
Depot mascot will be at the site along with volunteers from that company.
The Project Team continues to seek donations from area businesses. To date, the
following organizations have agreed to provide either services, materials or cash donations:
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 20
LeVrier Sun Coast Architects
Lanny Tate La Baron's Land & Investments
The Home Depot Hutson Construction Co., Inc.
Cooper and Stebbins Mario S. Molina Construction Co.
James B. Arnold Construction, Inc. Wright Construction Co.
Mid Cities Ready Mix JE Levitt Engineers
Reynolds Asphalt Laidlaw Waste Systems
TU Electric Howse Bros.
Harrell Custom Homes, Inc. Fred's Plumbing
Dennis Electric Bud Tanner Plumbing
Burgess Electric Stowe's Independent Services
Orzech Electric Lee Air Services
Premier Electric Texas National Bank
Decker Mechanical, Inc. Plumbing Supply
Kroger Albertsons
Southlake Sister Cities Keep Southlake Beautiful
Southlake Women's Society Southlake Women's' Club
Chamber of Commerce-Women's Div. National Charity League
Chang Lee's Taekwondo Center
Please sign up to join us on Make A Difference Day and/or October 26 to either volunteer
or observe activities. If you can't come to work, please join us for lunch. If you have any
questions, please contact Shelli Siemer, Community Services Coordinator at ext. 806.
43. Dominion Drainage Issue. Attached to my memo is a memo from Paul Ward, Chief
Building Official, in regards to the letter you received from Ms. Dudas complaining about
drainage from Wyndsor Grove. As you will note, we have worked with the builder to get
silt fencing or hay bales installed until such time as grass could be installed to mitigate the
runoff. The letter from Ms. Dudas seems to indicate that we have not addressed and are
not addressing the problem; as you can see, we have and we are. We will continue to stay
on top of this.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 17, 1997
Page 21
44. Lake Drive Neighborhood Projects. Please note my attached letter to Mrs. McKean
concerning these projects. I know the McKeans are concerned that we do not follow-up on
our commitments, but hopefully this letter will convenience them to be patient.
45. Open Records Request from Debra Edmondson. Please note the request concerning City
Council's approval last Council meeting of the change order regarding the 20" water line
to Miron Addition. I have not yet had the opportunity to respond. I anticipate having my
response to her by Tuesday.
46. FYI. I will be out of the office Monday morning to observe the deposition given by
Richard Kuhlman for the Westlake trial. My deposition has not yet been rescheduled, but
I want to have a feel as to where they are going with their questions, etc. I will be
unavailable for a lunch meeting that day. If you have questions of staff, we will try and
arrange a meeting with them if necessary for Tuesday, in the meantime, call the
appropriate staff if you need answers to your questions prior to Tuesday. The Directors
will meet Tuesday morning at 9:00 a.m. instead of our regular Monday morning meeting.
so we will be unavailable during this .ime.
oe
CEH
DATES TO REMEMBER
■ Councilmember Gary Fawks out of the Country until October 28, 1997.
■ October 20, 1997 SPDC Meeting at 6:00 p.m. in the City Council Chambers.
■ October 20, 1997, Town Meeting at Johnson Elementary School at 7:00 p.m. Subject:
TIF and Town Center (Brian Stebbins, Mayor, Curtis Hawk, and Billy Campbell are the
speakers).
■ Council meeting on October 21, 1997 at 5:00 p.m. (Gary and Ralph will be absent for the
meeting).
■ October 23, 1997, Strategic Plan Meeting in the Administration Building, Conference
Room at 6:00 p.m.
■ October 24, 1997, United Way Kick-Off Bar-B-Que Luncheon. Councilmembers are
invited and have been asked to judge the bake-off. No charge for Councilmember but you
must have a ticket. Let me know if you can attend. It will begin at 11:30 a.m. at City
Hall in the fire bay.
■ October 25, 1997 at 12 noon, Kick-Off for the Senior Center Construction. Lunch at noon
and Councilmembers are invited. The Mayor will speak at noon.
■ October 26, 1997 from 3:00 to 5:00 p.m. in the Student Center at Carroll High School,
will be the SPIN SUMMIT. The reception will be at 2:00 p.m.
■ October 27, 1997, Billy Campbell will be speaker at the Chamber Luncheon. Let me
know if you wish to attend.
■ October 27, 1997, Billy Campbell will be speaker at a Crime Control and Prevention
Information meeting at Bicentennial Park, 7:00 p.m.
■ November 4, 1997, Election Day! Vote in the Council Chambers of City Hall. Council
meeting will be called to order in the DPS Training Room. More information will be
coming soon.
■ November 5, 1997, Flu Shots will be given in the Council Chambers from 8:00 a.m. to
12 noon. Councilmembers are invited to participate. Spouse and Children at $7.00 each.
No charge to Councilmembers or employees. Let me know if you want to participate.
■ November 6, 1997 at 6:00 p.m. First meeting of the Drug and Alcohol Prevention
Committee. White Chapel Room at Bicentennial Park.
City of Southlake,Texas
Recent submittals for your information.
CASE DESCRIPTION
ZA 97-141 CONCEPT PLAN
Kimball/1709 Addition, 7.32 acres
Location: South of State Highway 114, west of Bluebonnet Drive, north of East
Southlake Boulevard(F.M. 1709), and east of South Kimball Avenue
Current Zoning: "C-3" General Commercial District
Owner: Hanover Property Company
Applicant: Hodges &Associates
ZA 97-142 PLAT REVISION
Lots 1R3R1 - 1R3R4, Block 1, Kimball/1709 Addition, 7.32 acres
Location: South of State Highway 114, west of Bluebonnet Drive, north of East
Southlake Boulevard(F.M. 1709), and east of South Kimball Avenue
Current Zoning: "C-3" General Commercial District
Owner and Applicant: Hanover Property Company
ZA 97-143 REZONING/SITE PLAN
Lot 4R, Block B,North Davis Business Park
Location: In North Davis Business Park, on the northeast corner of the
intersection of Greenbriar Drive and Greenwood Drive
Current Zoning: 1-1" Light Industrial District
Requested Zoning: "S-P-1" Detailed Site Plan District with "I-1" Light Industrial
uses and limited "B-2" Commercial Manufacturing uses
PRESUBMITTAL PRELIMINARY CONCEPT PLAN
State Highway 114 & East Southlake Boulevard(F.M. 1709)
Current Zoning: "C-3" General Commercial District
cc: Kate Barlow,Economic Development Coordinator
Shana Yelverton,Assistant City Manager
Bob Whitehead,Director of Public Works
'` L:\WP-FILES\MEMO\DRC\97CASES\10-23-97.WPD
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i,:4fflSP1NWOctober 17, 1997
Upcoming Meetings City Council Meeting
October 21, 1997
October 20, 1997 The following items will be addressed at the regular City •
Park Development Corp. Council meeting on October 21, 1997.
6:00 p.m. - Council Chamber Consent Agenda:
Historical Society A) Interlocal Agreement for Fire Protection Services with Denton County
7:00 p.m. -Conference Rm. B) Cooperative Purchasing Contract for 1997-98 with Denton County
Antiques & Their Care C) Res. No. 97-67 Amendment to City's Investment Policy
D) Contract for Sanitary Sewer extension from S-2 trunk line for Sutton Place
October 21 E) Medical Control Services agreement with Baylor Medical City at Grapevine
F) Change Order for sanitary sewer lines and water line to Miron Addition
City Council G) Contract with Dunaway and Associates for the design of North White Chapel to
7:00 p.m. Council Chamber. the Tarrant county line
October 22 Ordinances Second Readings. Public Hearings and Related Items::
Presentation from Bob Stith, Mayor's Ethics Ordinance Review Committee
JUC Facilities Tour. A) Ord. No. 480-259 Rezoning (SF-IA) for 503 West Highland (#11)
5:00 p.m. - B) Ord. No. 683 Sidewalk Ordinance
C) Ord. No. 480-260 Rezoning and Concept Plan for a Senior Center (#9W)
k.Aober 23 D) Ord. No. 572-A Amendment to the 1991 Uniform Fire Code
SPIN#6 E) Ord. No. 619-A Amendment to the 1994 Uniform Building Code
F) Ord. No 687 Designating a portion of E. Highland as a two way street(#5/#6)
7:00 p.m. White's Chapel Rm. G) ZA 97-127 Revised Site Plan for Georgetown Park (#7)
Planning & Zoning H) ZA 97-129 Revised Site Plan of orthodontic office, Diamond Circle Est. (#10)
7:00 p.m. Council Chamber 1) ZA 97-132 Site Plan for Courtyard at Timarron (#9)
.n ZA 97-081 Site Plan for Commerce Square (#7)
November Ordinances First Readings and Related Items:
SPIN Meetings A) LEFT BLANK
B) ZA 97-128 Preliminary Plat for Panorama Place, approx. 180' south of the
intersection of N. Carroll and Southcrest Court (#10)
C) Ord. No. 480-261 Rezoning/Concept Plan for Southlake Garden Offices (#9W)
D) ZA 97-131 Plat Revision for NE comer of Peytonville&F.M. 1709 (#13/#16)
F7:OOp.m.
3
Other Items for Consideration
White's Chapel A)Variance to Sign Ordinance for Village Center Chevron (#8)
B) Developer Agreement for Wilmington Court at the intersection of S. White
Chapel&Continental (#9W & #14)
November 11 C) Variance to Sign Ordinance for Carroll I.S.D (#13/#16)
D) Partial Developer agreement for Cornerstone Business Park at the West End of
SPIN #15 & #16 & City wide Exchange Boulevard
7:00 p.m. 800 W. 1709
Other Items for Discussion
(Owen's Property)
roposed Retirement Campus A) Tree Preservation Ordinance
B) Recommendation of candidates to Tarrant Appraisal Review Board
Owen's Development for Q Insurance Service Organizations (ISO) rating
.. 09 W. Southlake Blvd. D) November 4, 1997 Regular City Council Meeting
JOINT USE NEWS Development Activity
��SPIN This information is from a working staff
CISD has formed a steering document. To confirm, caU 481-5581
committee to define the scope, ext. 744
financing and proposed bond Planning & Zoning-October 23
election for a proposed athletic Ord. 480-BB Impervious Coverage
facility. Group tours of the 97-133 Final Plat, Stonebridge Park
SPIN Vacancies & Grapevine natatorium and 97-34 Zoning/Concept Plan,
Term Expirations Pennington Field have been Villages at Pine Forest(#11)
scheduled for Wednesday, 97-135 Preliminary Plat, Villages at
All odd-numbered SPIN terms October 22 and Wednesday, Pine Forest (#11)
will expire at the end of November 12. Persons 97-136 Zoning/Site Plan, Courtyardat Timarron (#9)
December. Meetings for each interested in seeing these 97-137 Final Plat, Higgins Add. (#3 /
affected SPIN Neighborhood facilities should be at the #5)
are scheduled for November in Grapevine natatorium at 5:00 97-138 Final Plat, Southlake Woods
the White's Chapel room to p.m. The Pennington field tour (#16)
97-139 Plat Showing, Commerce Sq.
allow residents to select or will be at 6:00 p.m. The (#7)
reappoint their current SPIN schedule will be the same for 97-140 Plat Showing, Keene Add.
Representative. both days. (#11)
Discussion: Tree Preservation
November 12 - 7:30 p.m. The Parks and Recreation Ordinance
SPIN #1 Appointment Department will also sponsor City Council -November 4
SPIN#7 Appointment focus groups to define the 97-130 Zoning/Concept Plan,
SPIN#13 Appointment potential joint use possibilities Southlake Gardens (#10)
SPIN #15 Appointment of an athletic facility. If you 97-134 Zoning/Concept Plan,
SPIN #16 Vacancy are interested in participating in Villages at Pine Forest(#11)97-135 Preliminary Plat, Villages at
a focus group, please contact Pine Forest(#11)
November 19 - 7:30 p.m. Kim Lenoir, Parks and 97-136 Zoning/Site Plan, Courtyard
SPIN#3 Vacancy Recreation Director, at 481- at Timarron (#9)
SPIN #5 Appointment 5581 ext. 757. 97-139 Plat Showing, Keene Add.
SPIN #9E Vacancy (#11)
SPIN #9W Vacancy Planning& Zoning-November 6
SPIN #11 Appointment Town Meeting Consider: Tree Preservation Ord.
Monday - 97-141 Concept Plan, Kimball/1709
Call Nona Whitehead 481-5581 October 20 (#8/#7)
ext. 834 for more information. 7:00 p.m. 97-142 Plat Revision, Kimball/1709
97-143 Zoning/Site Plan, North
Johnson Davis Business Park (#16)
SPIN Summit of Leaders Auditorium
to Hear Doug Melvin The Southlake
Chamber of Commerce is
Doug Melvin, General sponsoring a Town Meeting to Special Thanks
Manager and Executive Vice discuss the Southlake Town to Jeff Dunklin and the
President of the Texas Rangers Square and the TIF. Brian Southlake Progress for the
will be the opening guest Stebbins and Frank Bliss of outstanding support in
speaker for the SPIN Summit Town Square, Mayor Stacy and communicating SPIN events t, .
of Community Leaders. City Manager Curtis E. Hawk Southlake.
The Summit is scheduled for will be-%featured speakers.
3:00 p.m. on October 26, at
Carroll High School Cafeteria.
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SOUTHLAKE CHAMBER OF COMMERCE
IS SPONSORING A TOWN MEETING
MONDAY, OCTOBER 20, 1997
7:00 PM AT
JOHNSON ELEMENTARY AUDITORIUM
1301 N. CARROLL AVENUE, SOUTHLAKE
TOPICS:
THE SOUTHLAKE TOWN SQUARE -
TAX INCREMENT REINVESTMENT ZONE
PRESENTATIONS:
BRIAN STEBBINS - DEVELOPER OF SOUTHLAKE TOWN SQUARE
FRANK BUSS - SOUTHLAKE TOWN SQUARE
RICK STACY - MAYOR OF SOUTHLAKE
CURTIS HAWK - SOUTHLAKE CITY MANAGER
L EVERYONE IS INVITED TO ATTEND.
City of Southlake,Texas
MEMORANDUM
October 16, 1997
TO: Bob Whitehead, P. E., Director of Public Works
FROM: Charles Bloomberg, C. B. O., Plans Examiner
SUBJECT: Backflow protection for fire sprinkler systems
At the last city council meeting questions were raised about the need for and design alternatives for the
vault and double check assembly on fire service lines. Paul Ward and I have met with Ernest Bramlett,
water and sewer superintendent, and Bruce Mueller, fire marshal, and discussed the related issues. The
following items are what we discussed:
The state through the TNRCC requires a backflow prevention device where there is a connection
to non potable water piping. The proper device for the fire sprinkler system is a double check assembly.
The plumbing code also has the same requirement.
Prior to the 1991 plumbing code the standard method was to use a detector check assembly which
was normally located in a concrete vault near the water main. Without some sort of a check valve the fire
epartment could not pump into the fire department connection port and increase pressure on the system.
In checking with several cities on their codes they all require the double check assembly on the
fire system. They all say they are normally in a vault in the ground. The City of Plano requires the vault
to be in the public right of way or in a legally dedicated utility easement. Other cities like Southlake only
require it to be accessible to utility department personnel or a plumbing inspector during normal business
hours.
Our policy is the double check assembly should be in the ground in a vault but it may be approved
to be in a building. Approval for inside installation would depend upon the specific location, the listing
requirements of the valves, accessability of the room,freezing protection, and distance from the water
main.
There is no rule against two sprinkler systems being fed through one double check as long as they
are on the same property under single ownership and the hydraulic design of the sprinkler system takes it
into account. We have at least one such system in Commerce Business Park.
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Ross T. Foster, P.C. Q l�
Attomeys at Law _ 8 W7
9001 Airport Freeway
Suite 675
Fort Worth, Texas 76180 =�z
ROSS T FOSTER
(817)788-1111
KENNETH E.EAST FAX(81T)485-2836
October 7, 1997
Mr. Curtis E. Hawk, City Manager
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Re: Metro Pool Chemical, Inc.
981 East Continental Avenue
P.O. Box 92547
Southlake, Texas 76092
Dear Mr. Hawk:
As you know, I represent Metro Pool Chemical, Inc., in relation to the City of Southlake's
proposed acquisition of the property located at 981 East Continental Avenue on which Metro
Pool now conducts its business. It is my understanding that you have requested from Mr. Bob
Meyer, President of Metro Pool, a figure at which the property could be acquired.
After considerable thought and investigation, Metro Pool Chemical, Inc., would be willing
to sell to the City of Southlake the property located at 981 East Continental Avenue, on which
Metro Pool now conducts its operation, for the sum of$285,000.00. This offer is subject to the
execution of a written contract satisfactory to Metro Pool Chemical, Inc., including additional
provisions, concerning possession and closing.
Metro Pool Chemical, Inc., feels this is a fair price, taking into consideration the value of
the land and buildings, the value associated with the ability to operate Metro Pool Chemical's
business without current regulations being applied to the operation, and the disruption of Metro
Pool Chemical's business and loss of customer base that will be associated with a move to a more
distant location.
Please consider the matter and advise me. If you have any questions, please contact me.
Z
ly yours,
7
Ross (Foster
RTF:dk
08-05-1997 03:1?PM FROM MIC METRO POQ CFEM TO 4886796 P.02
JeffS. Albro & Associates
August 1, 1997
Mr. Bob Myer
Metro Pool Chemicals
981 E. Continental Boulevard
Southlake,Texas 76092
Re: Preliminary valuation range of Industrial property located at 981 E Continental
Boulevard,Soatblak4 Tarrant County, Texas
Dear Mr.Myer.
In a=m-dance with your request, I have inspected and am currently in the process of completull a
srnmmWry appraisal report of the above referenced property (the subject property). The purpose of
this report was to estimate the Marko Value of the Fee Simple interest of the subject property.
Based upon my preliminary research and analysis, it appears that the nnrket value of the subj
property in "as is" condition will fall within the range of$190,000 to $210,000. Please note
these value ranges are based on the Fee Simple interest of the subject property, on or about July S,
1997.
It should be understood that the aforonentioned value range is for the real estate only and does
consider any cost assoeiatod with the cost to relocate. The cost to acquire a like property is
anticipated to fail within the range expressed for the subject property. The cast to build a new faCd ity
is anticipated to be 40 to 60 percent bigher.
The employment of Jeff S. Albro &Associates was not conditioned upon the appraisal producin a
specific vahm or value within a given range. Nor does Jeff S. Albro & Associates or Jeff S. Al ro
have any currant or contemplated interest in the appraised Property. I
Please do not hesitate to call me with any questions or eornatents which may arise pertaining to t us
value projection or the ongoing appraisal assignment. Please accept my apotW for
incoW eniencos that we may have caused by our delay in completing this assignment It has bea L a
pleasure to undertake this assignment in your behalf and we appreciate the opportunity to be of
service to you.
Respectfully submitted, f
Jeff Albro&Associatm
J S.Al ro,ZMA
State Certified: TX-1320139-G
i
817.S13 7800 1301 S Bowen Road,Skin 320,Arlington, T4=w Fez 8I7.S48.7471
I
City of Southlake
Administrative Offices
October 17, 1997
Mayor:
Rick Stacy
Mayor Pro Tem: Mrs. Sue McKean
W.Ralph Evans 3007 Lake Drive
Deputy Mayor Pro Tem: Southlake, Texas 76092
David A. Harris
Councilmembers: Dear Mrs. McKean:
Wayne Moffat
Pamela A. Muller
Gary Fawks This letter is in response to your recent inquiries concerning the status of the Lake
Scott F. Martin Drive projects outlined in my letter to you dated July 18, 1997. Prior to our
meeting yesterday, you had spoken with several different employees regarding the
City Manager: you have told several people that you cannot get a consistent answer
Curtis E. Hawk projects; Y P P Y c
from.the City as to the timetable for improvements. As I mentioned to you
Assistant City Manager:s K.Yelverton yesterday, the responses you get depend upon the specific questions you ask. It
would be best to direct your questions to either me or Public Works Director Bob
^reta Y.
Sa ra L.LeGrand Whitehead.
You have requested another letter to ensure that nothing has changed. Other than
the exact dates, little has changed! Please note on page 7 of my July 18, 1997
letter, in the first and third paragraphs, that reference is made to the impact of
easement acquisition and other factors on the schedule, and that the Lake Drive
projects will go forward unless for some reason the additional funding was not
approved by City Council in the FY97-98 budget. You have already been
informed by staff that the projects = included in the budget. (Be aware that if
someone uses the term `98 budget, they are referring to the current budget. The
FY97-98 is properly called the FY98 budget which begins October 1, 1997 and
ends September 30, 1998.)
Exhibit 3 to my letter of July 18, 1997, lists the sequence of projects, 1 through 4,
that determine the Lake Drive sewer and street projects. Given problems with
easement acquisitions, it is now anticipated that the construction of the Dove
Street force main (No. 1 in sequence) will not be completed until perhaps late July
or early August 1998. Completion of the Dove Estates treatment plant conversion
(No. 2) and the Lake Drive neighborhood sewer (No. 3) project constructions are
anticipated to be on track with the other two projects. As explained to you
previously, the Lake Drive reconstruction (No. 4 in sequence) schedule is
,,,.. dependent upon the other three projects, if the neighborhood sewer is to be in the
street right-of-way wayway as we had hoped.
1725 East Southlake Blvd. • Southlake, Texas 76092
(817) 481-5581 • FAX (817) 488-6796
AN EQUAL OPPORTUNITY EMPLOYER'
Mrs. Sue McKean
October 17, 1997
Page 2
As Shawn Poe, Capital Projects Coordinator, explained to you in a phone
conversation on 9/22/97 and as I reiterated to you yesterday, staff has begun
working on the preliminary design of the engineering plans for the neighborhood
sewer. (Note on item No. 4, Exhibit 3 of my July 18, 1997 letter, that we
anticipated the completion of the engineering plans for this project to be in
December.) The neighborhood sewer line will be a gravity line. Although we are
not yet certain, and will not be until we get further along in our design, we have
discovered that there is a possibility the neighborhood sewer cannot be placed in
the street right-of-way due to insufficient grade. However. as I mentioned to you
yesterday if this is the case we will be able to accelerate the street reconstruction
because we will be able to place dry pipe for the force main under the street, and
plug it on both ends until the other projects are completed. We will also do the
water line upgrades at the same time.
The downside to being unable to place the neighborhood sewer in the street is that
we will need to obtain easements. This creates another set of problems we will
need to overcome. Nevertheless, with everyone's cooperation, we will be able to
do this.
If it turns out that the neighborhood sewer can be placed in the street as we
originally proposed, the schedule will be dependent upon the things mentioned
previously (i.e., easement acquisition, etc.) but will be undertaken this year
(FY98). If for some reason the projects are not completed this year, the work will
continue into next fiscal year until finished. There will be no need for further
budget approvals by City Council. Meanwhile, please be patient with us. We
will keep you posted as you and I discussed yesterday.
Sincerely,
Curtis E. Hawk
City Manager
CEH/kb
cc: Bob Whitehead, Director of Public Works
Mayor Stacy and Members of City Council
City of Southlake,Texas
MEMORANDUM
October 17, 1997
TO: Curtis Hawk, City Manager
FROM: Paul Ward, Chief Building Official
SUBJECT: 713 Dominion Dr. Drainage Issue
Following are dates and information regarding the drainage at 713 Dominion Drive:
• September 25, 1997 Final lot grade approval at 712 Wentwood Dr.
• October 1, 1997 Building Final Inspection Approval 712 Wentwood Dr.
• October 2, 1997 House Closing and occupancy 712 Wentwood Dr.
October 9, 1997 Building Department responded to call from Linda Dudes at
713 Dominion Dr. regarding mud and water running onto her
property from 712 Wentwood Dr.
I met with Linda and observed muddy water running under
rear fence at 712 Wentwood into backyard of 713 Dominion Dr.
The silt fence installed during construction of the home at 712
Wentwood Dr. had been removed since building final for
landscaping.
The swimming pool was not affected from the muddy water at this
time. The builder was asked to install hay bales or silt fence until
the landscaping could be completed. The builder agreed to install
hay bales as soon as possible.
• October 10, 1997 Approximately 15 hay bales were installed at rear of property at 712
Wentwood Dr.
• October 14, 1997 Paul Conn of Conn-Anderson informed the building department of
the homeowners plan to install grass sod as soon as the weather
permitted them to do so.
The builder has been very cooperative in assisting the new homeowner with this issue. This
drainage issue has now become an issue between two property owners.
I will inform you of any changes regarding this property. If you have any questions, please let
me know
Pw/jb
cc: Bob Whitehead
Ron Harper
10/10/1997 05: 17: 54 AM rP. 1
FfICE Of CITY
0 SECRETARY
lindo s. dudas
713 dominion drive z W1,r,6c�,
southlake, texas 76092 4
817 251-1648
October 9, 1997
Mayor Rick Stacy and City Council Members
City of Southlake
Re: Drainage Issue
Dear Mayor Stacy and Council Members,
Wednesday, October 8th, Southlake hod rain for the first time since The
Dominion subdivision has attended the city council meetings about the ongoing
drainage problem from Wyndsor Grove subdivision to the east of us. I am the
homeowner that backs up to the first phase. A so—called swale has been added to
my neighbor's yard to the north of our lot. During the rain, we once again had
mud pouring into my property, from the land behind me.
I contacted the homeowner, the builder Paul Conn of Conn Anderson, Todd
Janssen the engineer for their subdivision and the city of Southlake. Paul from the
city come out the next morning. Whoever graded the lot behind me removed the
berm and the silt screens, and the water streams toward my yard and bypasses the
swale completely. The rains will probably come this weekend and the city offices
will be closed. I should not have to sandbag in order to protect my property. I feel
the members of the council should be aware that really nothing has been resolved.
We shook hands in good faith that this would be reconciled and here we go again,
some problem, different time.
As for as I am aware this issue comes up again this coming Tuesday,
October the 14th. Please have my letter on file.
Sincerely,
Linda S. Dudas
1
To.- Sandy LeGrand
(4mw, City of SouthlakeE, . 0FF10E0FC1j1yR
From: Debra Edmondson
RE: Open Records Request
Dear Sandy,
1. Please provide all information regarding Change Order Number Two to
Wright Construction for the 20-inch Water Line passed by City Council on
October 7, 1997. This includes but is not necessarily limited to:
All information given to City Council regarding this item (including City
Manager's comments)- any documentation from City Staff and or consultants
used to validate the Change Order; Copies of letters from residents
concerning low water pressure in the area and any records of telephone
conversations concerning low water gessure in the area.; p��`<< 11 21 ro WT an S�r k��i� C�dMCyt N h, 'S c.-�.L`,
i
N O l�'e. tc l c. c(•,�
2. Any wrttrPn�nns from Taylor, Olson, Adkins etc or its predecessors
r
regarding when a City may enter into Executive Session and what may be
discussed, given within the last 3 years.
Tapes of the P & Z meeting where sections A & B of Southlake's Land
Use Plan were discussed. The portion of tape in which Land Use Section A
�, P P
(Ne is again discussed . (The meeting where Sections C and D were the focus.)
If you have any questions regarding any of these requests, please don't
hesitate to contact me.
Thanks,
Post-it°Fax Note X671 Date d ) paw►
To From
CoJDept. Co. S w
Debra Edmondson Phone# Phone
Fax# Fax#'
City of Southlake, Texas
MEMORANDUM
October 16, 1997
TO: Curtis E. Hawk, Assistant City Manager
FROM: Billy Campbell, Director of Public Safety
SUBJECT: Authorize the Mayor to Execute a Renewal of the Interlocal Cooperation
Agreement for Fire Protection Services between the City of Southlake and
Denton County
Attached is the fiscal year 1997-98 Agreement for Fire Protection Services between the City of
Southlake and Denton County. This is an annual contract offered by Denton County to all fire
service providers in the County. There are two changes that differ from the previous contract, one
being an increased per call rate from $125.00 to $137.50. Denton County will pay the City of
Southlake for every call in the designated unincorporated area of Denton County. The second
change is reporting requirements. We will now submit a monthly statement on the Texas Fire
Incident Reporting System standard form to the Denton County Fire Marshal, and this form will
serve as the billing statement to the County for reimbursement of calls made. In the past year we
have not answered any calls in the Denton County unincorporated area, exclusive of mutual aid. For
entering into this agreement, Denton County will pay the City of Southlake $5,000.00.
It is my recommendation that we accept this agreement for services and that it be placed on the
Consent Agenda for the October 21, 1997 City Council Meeting.
If you have any questions, please contact myself or Deputy Director Garland Wilson.
Z��;
BC/bls
Attachment
SA-1
THE STATE OF TEXAS )
COUNTY OF DENTON )
INTERLOCAL COOPERATION AGREEMENT
FIRE PROTECTION SERVICES
THIS AGREEMENT is made and entered into this day of,
1997, by and between DENTON COUNTY, a political
subdivision of the State of Texas, hereinafter referred to as
"COUNTY" and the "CITY OF SOUTHLAKE" , a municipal corporation
located in Denton COUNTY, Texas, hereinafter referred to as
"CITY. "
WHEREAS, COUNTY is a duly organized political subdivision of
the State of Texas engaged in the administration of COUNTY
government and related services for the benefit of the citizens of
Benton COUNTY; and
WHEREAS, CITY is a municipal corporation, duly organized and
operating under the laws of the State of Texas and is engaged in
the provision of fire protection service and related services for
the benefit of the citizens of Denton COUNTY; and
WHEREAS, CITY is the owner and operator of certain fire
protection vehicles and other equipment designed for the
extinguishing of fire and prevention of damage to property and
injury to persons from fire and has in its employ trained
personnel whose duties are related to the use of such vehicles and
equipment; and
WHEREEAS, COUNTY and CITY mutually desire to be subject to
the provisions of V.T.C .A. Government Code, Chapter 791, the
SOUTHLAKE FIRE CONTRACT 1997-98 SA ` 1
Interlocal Cooperative Act and Sections 352 . 001 and 352 . 004 Local
Government Code and contract pursuant thereto;
NOW, THEREFORE, COUNTY AND CITY, for the mutual
consideration hereinafter stated, agree as follows :
I.
The effective date of this agreement shall be the 1st day of
October, 1997 . The term of this agreement shall be for the period
of October 1, 1997 to and through September 30, 1998 .
II.
Services to be rendered hereunder by CITY are fire protection
services normally rendered within the CITY Fire Department as
hereinafter defined, to citizens of COUNTY, to wit:
A. Availability and provision of emergency fire prevention,
extinguishment, safety and rescue services within the agreed or
specified territory or jurisdiction of the CITY Fire Department;
said services to be rendered as described herein by said
Department in all unincorporated areas within the above referenced
operating territory or jurisdiction of such Department, the
referenced services as set out herein are rendered by said
Department in consideration of the basic funding referenced
elsewhere herein and the per-call fee set out elsewhere herein,
for the common good and benefit and to serve the public
convenience and necessity of the citizens of Denton COUNTY who are
not otherwise protected with respect to fire prevention,
extinguishment, safety, and rescue services.
B. The CITY Fire Department shall respond to requests for
fire protection services made within COUNTY as set out in Exhibit
SOUTHLAKE FIRE CONTRACT 1997-98 2
"y" attached hereto designated area 23 and incorporated by
reference.
C. The COUNTY agrees that in the event a fire in the CITY' s
unincorporated designated area which the CITY considers to be of
incendiary nature and upon request by the CITY, the COUNTY Fire
Marshal will dispatch investigation personnel to the fire scene
within a response time sufficient to legally maintain and protect
all evidence of said fire and will conduct all appropriate
investigation and prosecution of arsonists.
D. It is further agreed that the CITY shall not be
responsible for investigations of suspected incendiary fires in
rural area, but shall cooperate with the COUNTY Fire Marshal in
immediately relating all pertinent information possible to the
investigator (s) .
E. It is further agreed that the COUNTY Fire Marshal may
assist in the conduct of appropriate investigations of a fire
which the CITY considers to be of incendiary nature in the CITY' s
incorporated designated area upon request by the CITY.
F. It is further agreed that the CITY shall submit monthly
statements on the Texas Fire Incident Reporting System' s
standardized forms to the Denton COUNTY Fire Marshal, 110 West
Hickory, Denton, Texas 76201. This form will serve as the
billing statement to the COUNTY for reimbursement of calls made in
the unincorporated designated area.
G. It is further agreed that Denton COUNTY Fire Marshal
shall provide the forms upon request from the CITY.
SOUTHLAKE FIRE CONTRACT 1997-98 SA-4 3
H. It is recognized that the officers and employees of
CITY' s Fire Department have duties and responsibilities which
include the rendition of fire protection services, and it shall be
the responsibility and within the sole discretion of the officers
and employees of said Fire Department to determine priorities in
the dispatching and use of such equipment and personnel, and the
judgment of any such officer or employee as to any such matter
shall be the final determination.
III.
The COUNTY shall designate the COUNTY Judge to act on behalf
of COUNTY and to serve as "Liaison Officer" between COUNTY and
CITY. The COUNTY Judge or his designated substitute shall insure
the performance of all duties and obligations of COUNTY herein
stated, devote sufficient time and attention to the execution of
said duties on behalf of COUNTY in full compliance with the terms
and conditions of this agreement and provide supervision of
COUNTY ' S employees, agents, contractors, sub-contractors and/or
laborers, if any, in the furtherance of the purposes, terms and
conditions of this agreement for the mutual benefit of COUNTY and
CITY.
IV.
CITY shall ensure the performance of all duties and
obligations of CITY as hereinafter stated, devote sufficient time
and attention to the execution of said duties on behalf of CITY in
full compliance with the terms and conditions of this agreement
and shall provide immediate and direct supervision of the CITY
employees, agents, contractors, sub-contractors and/or laborers,
SOUTHLAKE FIRE CONTRACT 1997-98 5 A-5 4
if any, in the furtherance of the purposes, terms and conditions
of this agreement for the mutual benefit of CITY and COUNTY.
V.
For the services hereinabove stated, COUNTY agrees to pay to
CITY for the full performance of this agreement the sum of FIVE
THOUSAND DOLLARS ($5, 000 . 00) upon execution of this agreement and
the sum of ONE HUNDRED THIRTY-SEVEN AND 50/100 DOLLARS ($137 . 50)
per fire call in the designated unincorporated areas of Denton
COUNTY, Texas . No payment will be made for service provided
outside the service district whether by mutual aid agreement or
otherwise. CITY understands and agrees that payment by COUNTY to
the CITY shall be made in accordance with the normal and customary
processes and business procedures of COUNTY, and in conformance
�... with applicable state law.
COUNTY agrees to provide to CITY an STX 800 Mhz radio for
the use of CITY in carrying out the terms of this contract. This
radio will remain the property of the COUNTY and will be returned
on termination of this agreement. COUNTY will bear the risk of
loss or destruction and make necessary repairs so long as CITY
uses the property in a reasonable manner for the purposes of this
contact. COUNTY reserves the right to reclaim the property at any
time for any reason. It is agreed by COUNTY and CITY that the
radio was provided for in previous contracts between COUNTY and
CITY. No agreement has been made for an additional radio.
�a-G
SOUTHLAKE FIRE CONTRACT 1997-98
VI.
COUNTY agrees to and accepts full responsibility for the
acts, negligence, and/or omissions of all COUNTY ' S officers,
employees, and agents while with in its COUNTY limits .
VII.
COUNTY and CITY understand and agree that liability under
this contract is governed by V.T.C.A. Government Code Chapter 791
and V.T.C.A. Local Government Code Section 352 . 001 and 352 . 004.
This agreement is made in contemplation of the applicability of
these laws to the agreement. Insofar as legally possible COUNTY
and CITY agree to be bound by the above mentioned statutes as they
exist as of the date of this agreement.
VIII.
- In the event of any default in any of the covenants herein
contained, this agreement may be forfeited and terminated at
either party' s discretion if such default continues for a period
of ten (10) days after notice to the other party in writing of
such default and intention to declare this agreement terminated.
Unless the default is cured as aforesaid, this agreement shall
terminate as if that were the day originally fixed herein for the
expiration of the agreement .
IX.
This agreement may be terminated any time, by either party
giving sixty (60) days advance written notice to the other party.
In the event of such termination by either party, CITY shall be
compensated pro rata for all services performed to termination
date, together with reimbursable expenses then due and as
SOUTHLAKE FIRE CONTRACT 1997-98 SA-7 6
authorized by this agreement. In the event of such termination,
should CITY be overcompensated on a pro rata basis for all
services performed to termination date, and/or be overcompensated
reimbursable expenses as authorized by this Agreement, then COUNTY
shall be reimbursed pro rata for all such overcompensation.
Acceptance of such reimbursement shall not constitute a waiver of
any claim that may otherwise arise out of this agreement.
X.
The fact that COUNTY and CITY accept certain
responsibilities relating to the rendition of fire protection
services under this agreement as a part of their responsibility
for providing protection for the public health makes it imperative
that the performance of these vital services be recognized as a
governmental function and that the doctrine of governmental
immunity shall be and it is hereby invoked to the extent possible
under the law. Neither CITY nor COUNTY waives nor shall be
deemed hereby to waive, any immunity or defense that would
otherwise be available to it against claims arising from the
exercise of government powers and functions .
XI.
This agreement represents the entire and integrated agreement
between CITY and COUNTY and supersedes all prior negotiations,
representations and/or agreements, either written or oral. This
agreement may be amended only by written instrument signed by both
CITY and COUNTY.
SOUTHLAKE FIRE CONTRACT 1997-98 SA-8 7
XII.
This agreement and any of its terms and provision, as well as
the rights and duties of the parties hereto, shall be governed by
the laws of the State of Texas.
XIII.
In the event that any portion of this agreement shall be
found to be contrary to law, it is the intent of the parties
hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XIV.
The undersigned officer and/or agents of the parties hereto
are the property authorized officials and have the necessary
authority to execute this agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any
necessary resolutions extending said authority have been duly
passed and are now in full force and effect.
r�T.
Acceptance of this contract constitutes approval of the
service area set out in exhibit "A" attached hereto.
SOUTHLAKE FIRE CONTRACT 1997-98 SA-9 8
EXECUTED in duplicate originals, this the day of
1997 .
COUNTY CITY
DENTON COUNTY, TEXAS CITY OF SOUTHLAKE
110 WEST HICKORY 667 NORTH CARROLL BLVD.
DENTON, TEXAS 76201 SOUTHLAKE, TEXAS 76092
By By
Jeff Moseley Title
Denton COUNTY Judge
Acting on behalf of and by Acting on behalf of and by the
the authority of DENTON COUNTY authority of the THE CITY OF
Commissioners Court of SOUTHLAKE
Denton COUNTY, Texas .
ATTEST: ATTEST:
BY: BY:
Tim Hodges Secretary
Denton COUNTY Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Assistant District Attorney Fire Chief
APPROVED AS TO CONTENT:
Denton COUNTY Fire Marshal
SOUTHLAKE FIRE CONTRACT 1997-98 5A-10 9
1,
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1
i
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T
sa-11
' City of Southlake, Texas
MEMORANDUM
October 16, 1997
TO: Curtis E. Hawk, City Manager
FROM: Billy Campbell, Director of Public Safety
SUBJECT: Authorize the Mayor to Execute a Renewal of the Cooperative Purchasing
Agreement for 1997-98 between the City of Southlake and Denton County
Attached is the Cooperative Purchasing Agreement that Denton County offers to governmental
entities within the County. The contract allows the entities to take advantage of cost benefits
associated with large volume purchases. All contracts- follow State law regarding bidding
procedures and, due to the volume of purchases, Southlake can benefit with considerable cost
savings by participating in this Agreement in the 1997-1998 fiscal year. This Agreement is a
renewal of the same contract previously passed by Council for the 1996-1997 fiscal year.
I am requesting that we renew this Cooperative Purchasing Agreement with Denton County and that
it be placed on the next City Council Agenda as a Consent item.
b"6
BC/bls
Attachment
5B-1
COOPERATIVE PURCRkSING AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT is made on the 21 day of October , 1997, between
City of Southlake , State of Texas, and the County of Denton, Texas, each referred to herein
as participating governments.
WHEREAS, the respective participating governments are authorized by the Interlocal
Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and
agreements for the performance of governmental functions and services including administrative
functions normally associated with the operation of government such as purchasing of necessary
materials and supplies;
WHEREAS, it is the -esire of the aforesaid participating governments to comply with
and further the policies and purposes of the Interlocal Cooperation Act;
WHEREAS, the participating governments cannot normally obtain the best possible
purchase price for materials and supplies acting individually and without cooperation; and
WHEREAS, it is deemed in the best interest of all participating governments that said
governments do enter into a mutually satisfactory agreement for the purchase of certain materials and
supplies for the Denton County fiscal year 1997-1998.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and
conditions contained herein and pursuant to the authority permitted under the Interlocal Cooperation
Act, promise and agree as follows:
I.
Purpose
The purpose of this Agreement is to authorize participation of the City of
Southlake in various Denton County contracts for the purchase of various goods and services.
Participation in this cooperative program will be highly beneficial to the taxpayers of the
governmental entity through anticipated savings to be realized.
II.
Duration of Agreement
This Agreement shall become effective-on October 21 , 1997 and, unless
terminated earlier, remain in effect until September 30, 1998. By mutual agreement of the parties,
this Agreement is renewable for additional one-year terms. Termination by either party shall be upon
thirty (30) days' written notice to the other party.
SB-2
M.
Relationship of Parties
It is agreed that the governmental entity, in receiving products and/or services specified
in this agreement, shall act as an independent purchaser and shall have control of its needs and the
manner in which they are acquired. Neither the governmental entity,its agents,employees,volunteer
help or any other person operating under this contract shall be considered an agent or employee of
Denton County and shall not be entitled to participate in any pension plans or other benefits that
Denton County provides its employees.
Denton County shall notify all participating entities of available contracts to include terms
of contract, commodity cost, contact names and addresses. Denton County shall keep participating
governments informed of all changes to the Cooperative Purchasing list of contracts.
Nothing in this agreement shall prevent any participating government from accepting and
awarding bids for commodities subject to this agreement individually and in its own behalf.
IV.
Purchase of Goods and Services
All products and services shall be procured by Denton County in accordance with
procedures and statutes governing competitive bids and competitive proposals.
•- - The participating government will be able to purchase from those contracts established
by Denton County where notice has been given in the specifications and successful bidder has
accepted terms for Cooperative Purchasing Agreements for local governments within Denton
County.
The participating governments hereto agree that the ordering of products and services
through this agreement shall be their individual responsibility and that the successful bidder or
bidders shall bill each participating government directly
The participating governments agree to pay successful bidders directly for all products
or services received from current revenues available for such purchase. Each participating
government shall be liable to the successful bidder only for products and services ordered by and
received by it, and shall not by the execution of this agreement assume any additional liability.
Denton County does not warrant and is not responsible for the quality or delivery of
products or services from successful bidder. The participating government shall receive all
warranties provided by successful bidder for the products or services purchased.
In the event that any dispute arises between individual participating government and a
successful bidder, the same shall be handled by and between the participating government body and
the bidder.
�B-�
The undersigned officers and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the parties hereto,
and each party hereby certifies to the other that any necessary resolutions extending said authority
have been duly passed and are now in full force and effect.
h1 W-ITINESS WHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers thereon the day and the year first above written.
DENTON COUNTY, TEXAS City of Southlake, Texas
By: Jeff A. Moseley By:
Denton County Judge
Acting on behalf of and by authority
of the Denton County Commissioners Court
Approved as to content:
Director of Purchasing
Approved as to form:
Assistant District Attorney
5B-4
COOPERATIVE PURCHASING CONTRACTS
`— Summary 1997 - 1998
Surface Treatment Aggregate
Bid #05-97-1115
Type D, Grade 3, Grade 4, Grade 5
Gifford-Hill Company Expires September 30, 1998
Emulsified Asphalt
Bid #05-97-1114
M.C.S. Expires September '0, 1998
F1exBase (Grade 1, Type A)
Bid #03-97-1099
Marock Expires April 30, 1998
Corrugated Galvanized Metal Pipe
Bid #10-96-1038
Texas Steel Culverts Expires December 31, 1997
Hot Mix Asphaltic Concrete
Bid #01-96-995
Expires May 31, 1998
Jagoe Public
Tires - Truck (Heavy)
Bid #05-97-1111
Gray's Wholesale Expires June 30, 1998
Road Signs
Bid #03-97-1100
Vulcan Expires May 31, 1998
Office Furniture
Bid #09-97-1137
Expires
Copier Maintenance
Bid #08-96-1023
Dal-Tex Expires September 30, 1998
Election Supplies
Bid #07-96-1012
Texas County Printing Ex ires Se member 30, 1998
Page 1
5B-5
Janitorial Services
fir.,.. Bid #09-96-1030
Members Building Maintenance Expires September 30, 1998
Lubricants & Oils
Bid #08-96-1021
Superior Fuels & Lubricants
Jesse P. Taylor
Amsoil
Reeder Distributors
Ben Ivey Oil Company
Specialty Oil Expires September 30, 1998
Uniforms
Bid #07-96-1015
Uniforms, Inc. Ex ires Sept mber 30, 1998
Tires & Tubes (Light)
Bid #10-96-1033
TAS of Denton Expires Se tember 30, 1998
Janitorial Supplies
Bid #01-96-992
Guest Paper (Section 2 and 4) Expires March 31, 1998
.., -Lind Paper (Section I and 3) Expires March 31, 1998
Bids in Process:
Batteries
p:\.conmwcooppur.con
Page 2
SB-6
City of Southlake,Texas
MEMORANDUM
10/16/97
TO: Curtis E. Hawk, City Manager
FROM: Lou Ann Heath, Director of Finance
SUBJECT: Resolution 97-67, Amendment to the City's Investment
Policy to comply with recent legislative changes to the
Public Funds Investment Act.
The recent changes made by the legislature to the Public Funds Investment Act initiated
a review of the City's current Investment Policy. Trip Irby with First Southwest Asset
Management, Inc. has reviewed our policy and made recommendations which are
outlined in the attached October 1, 1997 letter. At the October 7 Council meeting,
action on this item was tabled pending further review by the City attorneys. Debra
Drayovitch spoke with Mr. Irby and confirmed the Policy's compliance with the law.
The law now requires that investment officers attend at least 10 hours of investment
training over a two year period. The training provider must be approved by the City
Council. It is my intent to bring to Council a listing of recommended providers in the
near future. In the Spring of 1998, the University of North Texas will offer investment
training that I plan to attend in conjunction with the Government Finance Officers
Association of Texas conference.
Also to be provided to the Council for consideration in the near future is a listing of
approved Broker/Dealers and Investment Advisors. First Southwest Asset
Management, Inc. by contract currently serves as the City's investment advisor. Their
recommended group of Broker/Dealers will be reviewed and presented to Council.
A paragraph has been added that provides for `prudent investment management'. In
other words the Investment Officer will exercise the judgment and care that a prudent
person would in the management of the Officer's own finances. For money market
mutual funds as eligible investments, any fund under consideration by the City must
provide a prospectus and information required by the SEC.
The reporting section of the Investment Policy has been modified to reflect the changes
in the law. First Southwest Asset Management, Inc. will assist in preparation of the
required reporting. A section has been added to address portfolio pricing, however the
City already utilizes a third party pricing source via First Southwest to determine the
portfolio value. The City's independent auditor already reviews the quarterly
investment reports; during recent interim work, these were requested by the auditors.
LAH
OCT. I. 1?97 7:51Ar1 `-0.89: P.2r'
c
FIRST SOLMUT ASSET MANAGEMENT,INC.
Freeman 8. 'Yip' Irby, rIi
Ji.rcra
October 1, 1997
Mrs. Lou Arm Heath, CPA
Director of Finance
City of Southlake
1725 East Southlake Blvd.
Southlake, Texas 76092
Re-- Review Investment Policy
Dear Lou Arm:
Due to recent changes to the Public Funds Investment Act("Act"), Texas Government Code, Chapter
2256, First Southwest Asset Management,Inc. has reviewed the Csty's current investment policy. Our
review was limited in:scope, with the primary purpose being to evaluate conformity with the Act. We
did not perform any procedures to ensure that all funds and procedures are addressed in the policy.We
have not reviewed compliance with the policy or the City's internal controls. Based upon our limited
review,we would identify the following items for your consideration:
1. RESPONSIBILITY AND CONTROL. Section A. Delegation of Authority and Training.
Delete the second the Iast sentence and add the following sentence,`°The investment of wer(s) shall
attend a training session not less than once in a two-year period and receive not less than 10 hours
of instnution relating to investment responsibilities. The training provider must be an independent
source approved by the City's Council or the designated investment committee, [2256.008(a)2].
2. RESPON SBUXff AND CONTROLS. Add a new paragraph Prudent Investment
Management. the end of this section that states, "The designated investment officer(s) shall
exercise the judgment and care, under prevailing circumstances, that a prudent person would
exercise in the management of the person's own affairs. Unless authorized by law, a person
may not deposit, withdraw, transfer, or manage in any other manner the funds of the investing
entity. [2256.005(f)].
3. _ ,T PORTFOLIO. Section A. Eligible Investments. Paragraph 9. add a
statement to this paragraph which states, "This Securities and Exchange Commission regulated
fimd is required to provide the City with a prospectus and other information required by the
Securities Exchange Act of 1934, [2256.014(a)2].
1700 RicifcAvenue•Suite J300•AalZu, Tax 75201-46-12•800-J7S-3792.214-953-4048 4 Fax 214-9594881
�c-a
OCT. 1. 1997 7:12W NO.E91 3/3
Mrs. Lou Ann Heath
October 1, 1997
Page 2
4. SMCTION OF BANKS AND DEALERS. Section D. Approved Broker/Dealers and
Investment Advisors. add a sentence at the end of the section that states, "The City's governing
body or designated investment committee to review, revise and approve a list of qualified brokers
at least annually. 12256.0251
5. REPORTING. Section A. Quarterly Reporting.
a. Under subparagraph 1. Add additional statement at the end of the sentence, .... value,
"including fully accrued interest for the reporting period." [2256.023(b)4].
b. Add a new paragraph that addresses pricing the City's portfolio on a regular basis.
For example, "The District will seek a third party independent pricing source to
determine the value of the District's investment portfolio." 12256.005(b)4(D)].
c. Add a new paragraph that requires the an independent auditor to formally review the
quarterly investment reports and report these results to the governing body, "The
City's outside auditor will review the quarterly investment report for compliance with
the Public Funds Investment Act and report findings annually to the Board.
(2256.023(d)].
We hope these suggestions are helpful. If you have any questions ree,,arding this matter or if we can be
of Rather assistance,please contact me at 1-800-575-3792 or directly at(214)953-4048.
Sincerely,
F.B. "Trip"Irby,III
cc, Mr. rim Saba*First Southwest Company-Dallas
r
c ,
RESOLUTION NO. 9 i-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, ADOPTING REVISIONS TO THE INVESTMENT
POLICY AND DESIGNATING AN INVESTMENT OFFICER.
WHEREAS, Section 2256.005 (e) of the Public Funds Investment Act (the "Act")
directs the governing body of an investing entity to review its investment policy and
investment strategies not less than annually; and
WHEREAS, the 75th Legislature enacted changes to the Act which require the
amendment of the Policy to include the new statutory requirements for training, prudent
investment management, money market fund requirements,revision of reporting procedures,
methods for monitoring the price of investments, and selection of authorized brokers; and
WHEREAS, the Act requires the governing body of an investing entity to designate,
by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees
of the state agency, local government, or investment pool as Investment Officer to be
responsible for the investment of its funds.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
The City Council of Southlake has reviewed the Investment Policy and investment
strategies hereby adopts the Investment Policy dated October2j 1997, as attached to this
resolution. This Investment Policy amends and supersedes the Investment Policy adopted
f:\files\slake\res\invest.pol(10/9/97) Page 1
Ste- �
by the City on , 199 to incorporate the changes required by amendments to
the Act, as more particularly described in the Preamble hereto.
SECTION 2.
The City Council hereby designates the Director of Finance and Chief Accountant
as Investment Officer, and charges them to diligently carry out the duties of investment
officer in compliance with the Investment Policy and other applicable state and local
guidelines and statutes. Said designation shall be effective until rescinded by the City or
upon termination of employment of the person with the City of Southlake.
SECTION 3.
This resolution shall be effective immediately upon adoption.
APPROVED this day of , 1997.
Mayor
Attest:
City Secretary
f.\files\slake\res\invest.pol(10/9/97) Page 2
CITY OF SOUTHLAKE, TEXAS
INVESTMENT POLICY
Amended October 21, 1997
CITY OF SOUTHLAKE, TEXAS
INVESTMENT POLICY
TABLE OF CONTENTS
I. Purpose........................................................................................ 1
A. Formal Adoption
B. Scope
C. Review and Amendment
II. Investment Strategy ......................................................................... 1
A. Operating Funds
B. Debt Service Funds
C. Debt Service Reserve Funds
D. Special Projects, Special Purpose, or Construction Funds
III. Responsibility and Control.................................................................2
A. Delegation of Authority and Training
B. Internal Controls
C. Ethics and Conflict of Interest
IV. Investment Objectives..................................................................... 2-3
A. Safety of Principal
B. Liquidity
C. Yield
D. Public Trust
V. Investment Portfolio.........................................................................5
A. Eligible Investments
B. Unauthorized Investments
VI. Safekeeping and Custody...................................................................8
A. Co I lateral ization
B. Allowable Collateral and Collateral Levels
C. Monitoring Collateral Adequacy and Additional Collateral Securities
D. Collateral Substitution
E. Safekeeping
F. Delivery versus Payment
VII. Selection of Banks and Dealers ......................................................... 11
A. Depository Selection
B. Investment Advisors
C. Selection of Investment Broker/Dealers and Advisors
D. Approved Broker/Dealers and Investment Advisors
VIII. Reporting.................................................................................... 12
A. Quarterly Reporting
Appendix „A„ - Certification.................................................................. 4314
Appendix "B" - Glossary of Common Treasury Terminology .......................... 4415
.sc 7
I. PURPOSE
A. Formal Adoption. The purpose of this document is to set forth specific
investment policy and strategy guidelines for the City of Southlake, Texas in
order to achieve the goals of safety, liquidity, yield, and public trust for all
investment activity. This Investment Policy is authorized by the City Council in
accordance with Chapter 2256, Texas Government Code, the Public Funds
Investment Act.
B. Scoff This Investment Policy applies to all the investment activities of the
City, excluding funds governed by Council approved trust agreements and
assets administered for the benefit of the City by outside agencies. In addition
to this Policy, bonds funds (as defined by the Internal Revenue Service) shall be
managed by their governing ordinance and all applicable State and Federal Law.
C. Review and Amendment. The City Council of the City of Southlake shall
review its investment strategies and policy not less than annually.
II. INVESTMENT STRATEGY
The City of Southlake maintains one portfolio in which all funds under the City's control are
pooled for investment purposes. Within the pooled portfolio are fund components, each
having an investment strategy as described below:
A. Investment strategies for operating funds are to assure that anticipated cash
flows are matched with adequate investment liquidity. The secondary objective
is to create a portfolio structure which will experience minimal volatility during
economic cycles. This may be accomplished by purchasing high quality, short
to medium term securities which will complement each other. The dollar
weighted average maturity of 365 days or less will be calculated using the stated
final maturity date of each security.
B. Investment strategies for debt service funds shall have as the primary objective
the assurance of investment liquidity adequate to cover the debt service
obligation on the required payment date. Securities purchased shall not have a
stated maturity date which exceeds the debt service payment date.
C. Investment strategies for debt service reserve funds shall have as the primary
objective the ability to generate a dependable revenue stream to the appropriate
debt service fund from securities with a low degree of volatility. Securities
should be of high quality and, except as may be required by the bond ordinance
specific to an individual issue, of short to medium term maturities.
City of Southlake Investment Policy-amended October 21, 1997
D. Investment strategies for special projects, special purpose, or construction fund
portfolios will have as their primary objective the assurance that anticipated
cash flows are matched with adequate investment liquidity. These portfolios
should include at least 10% in highly liquid securities to allow for flexibility
and unanticipated project outlays. The stated final maturity dates of securities
held should not exceed the estimated project completion date.
III. RESPONSIBILITY AND CONTROL
A. Delegation of Authority and Training. The Director of Finance and
PFejeetfChief Accountant are designated as Investment Officer(s) of the City
and are responsible for investment decisions and activities. The inyestmen
Offic end at least e.t essienr-relating to the effieer-s'
r-espensibility undeF the Aet within 12 menths after- assuming duties. The
Investment Officer(s) shall attend a training session not less than once in a two-
year period and receive not less than 10 hours of instruction relating to
investment responsibilities. The training provider must be an independent
source approved by the City Council or the designated investment committee.
The Director of Finance will retain ultimate responsibility for investment
decisions.
B. Internal Controls. The Investment Officer is responsible for establishing and
maintaining an internal control structure designed to ensure that the assets of the
City are protected from loss, theft or misuse. The internal control structure
shall be designed to provide reasonable assurance that these objectives are met.
The concept of reasonable assurance recognizes that the cost of a control should
not exceed the benefits likely to be derived.
C. Ethics and Conflicts of Interest. City staff involved in the investment process
shall refrain from personal business activity that could conflict with proper
execution of the investment program, or which could impair the ability to make
impartial investment decisions. The Investment Officer who has a personal
business relationship with an entity seeking to sell an investment to the City
shall file a statement disclosing that personal business interest with the Texas
Ethics Commission and the City Council.
D. Prudent Investment Management The designated Investment Officer(s) shall
exercise the judgment and care, under prevailing circumstances, that a prudent
person would exercise in the management of the person's own affairs. Unless
authorized by law, a person may not deposit, withdraw, transfer, or manage in
any other manner the funds of the investing entity.
2
City of Southlake Investment Policy-amended October 21, 1997
IV. INVESTMENT OBJECTIVES
The City of Southlake shall manage and invest its cash with four objectives, listed in order of
priority: Safety, Liquidity. Yield, and Public Trust. The safety of the principal invested
always remains the primary objective. All investments shall be designed and managed in a
manner responsive to the public trust and consistent with State and Local law.
A. Safety of Principal. The City shall seek to control the risk of loss due to the
failure of a security issuer or grantor. Such risk shall be controlled by investing
only in the safest types of securities as defined in Section V-A of this Policy,
through portfolio diversification by investment type and maturity, and by
collateralization as required by law.
1. Diversification by Investment Tye Diversification by investment type
shall be maintained by ensuring an active and efficient secondary market
in portfolio investments and by controlling the market and opportunity
risks associated with specific investment types. Bond proceeds may be
invested in a single security or investment which exceeds the City's
maximum percentages if the Investment Officer determines that such an
investment is necessary to comply with Federal arbitrage restrictions or
to facilitate arbitrage record keeping and calculation. Diversification by
investment type shall be established by the following maximum
percentages of investment type to the total investment portfolio:
a. U.S. Government Securities 100%
b. States, Agencies, Counties, Cities and Other 50%
C. Repurchase Agreements 50%
d. Certificates of Deposit 100%
e. Bankers Acceptances 20%
f. Commercial Paper 20%
g. Money Market Mutual Funds 50%
h. Eligible Investment Pools 100%
2. Diversification by Investment Maturity. In order to minimize risk of
loss due to interest rate fluctuations, investment maturities will not
exceed the anticipated cash flow requirements of the funds. The City of
Southlake intends to match the holding periods of investment funds with
liquidity needs of the City. The maximum final stated maturity of any
investment shall not exceed five years. Maturity guidelines by fund are
as follows:
a. Operating Funds. The weighted average days to maturity for the
operating fund portfolio shall be 365 days or less and the
maximum allowable maturity shall be three years.
3
City of Southlake Investment Policy-amended October 21, 1997
S"�/o
b. Debt Service Funds, Debt Service Funds shall be invested to
ensure adequate funding for each consecutive debt service
payment. The Investment Officer shall invest in such a manner
as not to exceed an "unfunded" debt service date with the
maturity of any investment. An unfunded debt service date is
defined as a coupon or principal payment date that does not have
cash or investment securities available to satisfy said payment.
C. Debt Service Reserve Funds. Market conditions, Bond
Resolution constraints and Arbitrage regulation compliance will
be considered when formulating Reserve Fund strategy.
Maturity limitation shall generally not exceed the call provisions
of the Bond Ordinance and shall not exceed the final maturity of
the bond issue. All Debt Service Reserve Fund investment
maturities shall not exceed five years.
d. Special Project. Special Purpose and Construction Funds, The
funds used for construction and capital improvement programs
have reasonable predictable draw down schedules. Therefore
investment maturities shall generally follow the anticipated cash
flow requirements. Investment pools and money market mutual
funds shall provide readily available funds generally equal to one
month's anticipated cash flow needs, or a competitive yield
alternative for short term fixed maturity investments. A singular
repurchase agreement may be utilized if disbursements are
allowed in the amount necessary to satisfy any expenditure
request, this investment structure is commonly referred to as a
flexible repurchase agreement. All earnings in excess of the
allowable arbitrage earnings will be segregated and made
available for any necessary payments to the U. S. Treasury.
3. Collateral ization. Collateralization of securities will be made in
compliance with Section VI of this Policy.
B. Liquidity. Liquidity shall be achieved by anticipating cash flow requirements,
by investing in securities with active secondary markets and by investing in
eligible money market mutual funds and local government investment pools. A
security may be liquidated to meet unanticipated cash requirements, to re-deploy
cash into other investments expected to outperform current holdings, or
otherwise to adjust the portfolio.
C. Yield, The City of Southlake's investment portfolio shall be designed with the
objective of attaining a market rate of return throughout budgetary and
economic cycles, taking into account investment risk constraints and cash flow
characteristics of the portfolio.
4
City of Southlake Investment Policy-amended October 21, 1997
D. Public Trust. Investments shall be made with judgment and care, under
circumstances then prevailing, which persons of prudence, discretion and
intelligence exercise in the management of their own affairs, not for
speculation, but for investment, considering the probable safety of capital as
well as the probable income to be derived.
V. INVESTMENT PORTFOLIO
A. Eligible Investments. Investments described below are authorized by Chapter
2256, Texas Government Code as eligible securities for the City. City funds
governed by this Policy may be invested in:
1. Obligations of the United States or its agencies and instrumentalities,
excluding principal-only and interest-only mortgage backed securities,
and collateralized mortgage obligations and real estate mortgage
investment conduits.
2. Direct obligations of the State of Texas, or its agencies and
instrumentalities.
3. Other obligations, the principal and interest on which are unconditionally
guaranteed or insured by, or backed by the full faith and credit of, the
State of Texas or the United States or their respective agencies and
instrumentalities, excluding principal-only and interest-only mortgage
backed securities, and collateralized mortgage obligations and real estate
mortgage investment conduits.
4. Obligations of states, agencies, counties, cities, and other political
subdivisions of any State having been rated as to investment quality by a
nationally recognized investment rating firm and having received a rating
of not less than "A" or its equivalent.
5. Fully collateralized repurchase agreements having a defined termination
date, placed through a primary government securities dealer, as defined
by the Federal Reserve, or a financial institution doing business in this
state, and secured by obligations described in Section V-A 1 above
which are eligible investments under the Public Funds Investment Act,
pledged with a third party selected and approved by the City, and having
a market value of not less than the principal amount of the funds
disbursed. The term includes direct security repurchase agreements and
reverse repurchase agreements structured in compliance with the Texas
Government Code. All City repurchase agreement transactions shall be
governed by a signed Master Repurchase Agreement.
5
City of Southlake Investment Policy-amended October 21, 1997
6. Certificates of deposit issued by state and national banks domiciled in
C." Texas that are:
a. guaranteed or insured by the Federal Deposit Insurance
Corporation or its successor; or, secured by obligations that are
described by Section V-A 1 through 4 above, which are intended
to include all direct Federal agency or instrumentality issued
mortgage backed securities, but excluding those mortgage backed
securities of the nature described in Section V-B, that have a
market value of not less than the principal amount of the
certificates or in any other manner and amount provided by law
for deposits of the City;
b. governed by a Depository Contract, as described in Section VII-
A, that complies with Federal and State regulation to properly
secure a pledged security interest; and,
C. solicited for bid orally, in writing, electronically, or any
combination of those methods.
7. Bankers' acceptances that:
a. have stated maturities of 270 days or fewer,
b. will be liquidated in full at maturity,
C. is eligible for collateral borrowing from a Federal Reserve Bank,
and,
d. is accepted by a bank organized and existing under the laws of
the United States or any state, if the short-term obligations of the
bank, or of the bank holding company of which the bank is the
largest subsidiary, are rated not less than "A-1" or "P-1" or an
equivalent rating by at least one nationally recognized credit
rating agency.
8. Commercial paper with a stated maturity of 270 days or less from the
date of issuance that either:
a. is rated not less than "A-1", "P-1", or the equivalent by at least
two nationally recognized credit rating agencies; or
b. is rated at least "A-1", "P-1", or the equivalent by at least one
nationally recognized credit rating agency and is fully secured by
an irrevocable letter of credit issued by a bank organized and
existing under the laws of the United States or any state thereof.
6
City of Southlake Investment Policy-amended October 21, 1997
9. Money market mutual funds regulated by the Securities & Exchange
Commission, with a dollar weighted average portfolio maturity of 90
days or less, that fully invests dollar-for-dollar all City funds without
sales commissions or loads; and, whose investment objectives include
seeking to maintain a stable net asset value of $1 per share. The City
may not invest funds under its control in an amount that exceeds 10% of
the total assets of any individual money market mutual fund or exceeds
80% of its monthly average fund balance, excluding bond proceeds and
reserves and other funds held for debt service in money market mutual
funds. This Securities and Exchange Commission regulated fund is
required to provide the City with a prospectus and other information
required by the Securities Exchange Act of 1934.
10. Eligible Investment Pools as defined in Section 2256.016 of the Texas
Government Code provided that:
a. investment in the particular pool has been authorized by the City
Council;
b. the pool shall have furnished the Investment Officer an offering
circular containing the information required by Section
2256.016(b) of the Texas Government Code;
C. the pool shall furnish
to the Investment Officer investment
transaction confirmations with respect to all investments made
with it;
d. the pool shall furnish to the Investment Officer monthly reports
that contain the information required by Section 2256.0160 of the
Texas Government Code;
e. the pool's investment objectives shall be to maintain a stable net
asset value of one dollar ($1);
f. whose investment philosophy and strategy are consistent with this
Policy and the City's ongoing investment strategy; and
g. the pool provides evidence of credit rating no lower than "AAA"
or "AAA-m" by at least one nationally recognized credit rating
service.
7
City of Southlake Investment Policy-amended October 21, 1997
B. Unauthorized Investments. The following investments are specifically
prohibited by State Law:
1. Obligations whose payment represents the coupon payments on the
outstanding principal balance of the underlying mortgage-backed security
collateral and pays no principal.
2. Obligations whose payment represents the principal stream of cash flow
from the underlying mortgage-backed security collateral and bears no
interest.
3. Collateralized mortgage obligations that have a stated final maturity date
of greater than 10 years.
4. Collateralized mortgage obligations the interest rate of which is
determined by an index that adjusts opposite to the changes in a market
index.
VI. SAFEKEEPING AND CUSTODY
A. Collateral ization. Consistent with the requirements of State Law, the City
requires all bank deposits to be federally insured or collateralized with eligible
securities. Financial institutions serving as City Depositories will be required to
sign a Depository Agreement with the City and City's safekeeping agent. The
safekeeping portion of the Agreement shall define the City's rights to the
collateral in case of default, bankruptcy, or closing and shall establish a
perfected security interest in compliance with Federal and State regulations,
including:
1. the Agreement must be in writing;
2. the Agreement has to be executed by the Depository and the City
contemporaneously with the acquisition of the asset;
3. the Agreement must be approved by the Depository's Board of Directors
or loan committee, and a copy of the meeting minutes must delivered to
the City; and,
4. the Agreement must be part of the Depository's "official record"
continuously since its execution.
8
City of Southlake Investment Policy-amended October 21, 1997 ,,
Repurchase agreements must also be secured in accordance with State Law. Each
counter party to a repurchase transaction is required to sign a copy of the Public
Securities Association Master Repurchase Agreement. An executed copy of the
Agreement must be on file before the City will enter into any transactions with a
counter party.
B. Allowable Collateral and Collateral Levels.
1. Certificates of Deposit. Eligible securities for collateralization of
deposits are defined by the Public Funds Collateral Act, as amended,
and meet the constraints of this Policy. The market value of the
principal portion of collateral pledged for certificates of deposit must at
all times be equal to or greater than the par value of the certificate of
deposit plus accrued interest, less the applicable level of FDIC
insurance.
2. Repurchase Agreements. Securities underlying repurchase agreements
are limited to U.S. Government, Agencies and Instrumentalities
obligations, which are eligible for wire transfer (i.e. book entry) to the
City's designated safekeeping agent through the Federal Reserve System
and meet the constraints of this Policy. A repurchase agreement's
security value shall be the par value plus accrued interest, and the
security's market value must be maintained at the following minimum
levels:
Agreement Maturities Greater Than One Business Day
U.S. Treasury Securities 102%
U.S. Agency and Instrumentalities 103%
Mortgage Backed Securities 105%
Agreement Maturities of One Business Day
All Securities 100%
C. Monitoring Collateral Adequacy and Additional Collateral Securities.
1. Certificates of Deposit. The City shall require monthly reports with
market values of pledged securities from all financial institutions with
which the City has certificates of deposit. The Investment Officer will
monitor adequacy of collateral ization levels to verify market values and
total collateral positions. If the collateral pledged for a certificate of
deposit falls below the par value of the deposit, plus accrued interest less
FDIC or other insurance, the institution issuing the certificate of
deposit(s) will be notified by the Investment Officer and will be required
to pledge additional securities no later than the end of the next
succeeding business day.
l
9
City of Southlake Investment Policy-amended October 21, 1997
2. Repurchase Agreements. Weekly monitoring by the Investment Officer
of market values of all underlying securities purchased for City
repurchase transactions is required. More frequent monitoring may be
necessary during periods of market volatility. If the value of the
securities underlying a repurchase agreement falls below the margin
maintenance levels specified above, the Investment Officer will request
additional securities. If the repurchase agreement is scheduled to mature
within five business days and the amount is deemed to be immaterial,
then the request is not necessary.
D. Collateral Substitution. Collateralized certificates of deposit and repurchase
agreements often require substitution of collateral. Any broker, dealer or
financial institution requesting substitution must contact the Investment Officer
for approval and settlement. The substituted security's value will be calculated
and substitution approved if its value is equal to or greater than the required
security level. The Investment Officer, or a designees, must provide written
notification of the decision to the bank or the safekeeping agent holding the
security prior to any security release. Substitution is allowable for all
transactions, but should be limited, if possible, to minimize potential
administrative problems and transfer expense. The Investment Officer may
limit substitution and assess appropriate fees if substitution becomes excessive
or abusive.
E. Safekeeping,, The City shall contract with a bank or banks for the safekeeping
of securities either owned by the City as part of its investment portfolio or as
part of its depository and repurchase agreements. All collateral securing bank
deposits must be held by a third-party banking institution acceptable to and
under contract with the City, or by the Federal Reserve Bank. The securities
purchased under a repurchase agreement must be delivered to a third-party
custodian with which the City has established a safekeeping agreement.
F. Delivery versus Payment. The purchase of individual securities shall be
executed "delivery versus payment" (DVP) through the City's Safekeeping
Agent. By so doing, City funds are not released until the City has received,
through the Safekeeping Agent, the securities purchased. The security shall be
held in the name of the City or held on behalf of the City. The Safekeeping
Agent's records shall assure the notation of the City's ownership of or explicit
claim on the securities. The original copy of all safekeeping receipts shall be
delivered to the City.
10
City of Southlake Investment Policy-amended October 21, 1997
VII. SELECTION OF BANKS AND DEALERS.
A. Depository Selection. A qualified depository shall be selected through the
City's banking services procurement process, which shall include a formal
request for proposal (RFP). The City shall permit consideration of applications
for a depository contract from banks, credit unions, or savings associations that
are doing business in Southlake, and from banks, credit unions, or savings
associations that are doing business in the cities contiguous to Southlake. The
centralization of depository services is designed to maximize investment
capabilities while minimizing service costs. The selection of a depository shall
be based on the financial institution offering the most favorable terms and
conditions at the least cost, while adhering to the guidelines and provisions
within the request for proposal. In selecting a depository, the City shall give
consideration to the financial institution's credit characteristics, financial
history, service capabilities, and costs for required services. The City's
depository contract shall be for three years with an option to extend for an
additional two years upon mutual agreement of the depository and the City.
Specialized services may be contracted for by the City with another financial
institution or company if the depository cannot provide such service or charges
more for the same service with little or no appreciable benefit.
B. Investment Advisors, The City may contract with an investment advisor, who
shall adhere to the spirit, philosophy and specific term of this Policy and shall
invest within the same "Standard of Care".
C. Selection of Investment Broker/Dealers and Advisors Selection will be
performed by the Investment Officer, with ratification and approval by the City
Council. Selected Investment Advisors and Broker/Dealers shall provide timely
transaction confirmations and monthly portfolio reports. Prospective
Broker/Dealers shall provide financial and other information as requested by the
Investment Officer sufficient to evaluate their fiscal condition and ability to
service the City. The Investment Officer will establish criteria to evaluate
Investment Advisors and Broker/Dealers, including:
1. Adherence to the City's policies and strategies,
2. Investment performance and transaction pricing within accepted risk
constraints,
3. Responsiveness to the City's request for services, information and open
communication,
4. Understanding of the inherent fiduciary responsibility of investing public
funds, and
11
City of Southlake Investment Policy-amended October 21, 1997
5. Similarity in philosophy and strategy with the City's objectives.
D. Approved Broker/Dealers and Investment Advisors. Broker/Dealers and
Investment Advisors eligible to transact investment business with the City shall
be presented a written copy of this Investment Policy. Additionally, the
registered principal of the business organization seeking to transact investment
business shall execute a Certification as shown in Appendix "A", or a
Certification similar in form, to the effect that the registered principal has:
1. received and thoroughly reviewed this Investment Policy, and
2. acknowledged that their organization has implemented reasonable
procedures and controls in an effort to preclude imprudent investment
activities with the City.
The City shall not enter into an investment transaction with a business organization
prior to receiving this written acknowledgment. The City Council or designated
investment committee shall review, revise and approve a list of qualified brokers not
less than annually.
VIII. REPORTING
signed
- A. Quarterly Reporting, The Investment Officer shall submit a quarterly
y
investment report that describes in detail the investment position of the City for
the period. The report will include the following:
1. For each pooled fund group: a beginning book and market value; book
and market value additions and changes; and ending book and market
value, including fully accrued interest for the reporting period.
2. The book value and market value of each investment at the beginning
and end of the period by type of asset and fund type invested.
3. The maturity date of each investment.
4. Statement of compliance of the portfolio as it relates to the investment
strategy.
5. The City will seek a third party independent pricing source to determine
the value of the City's investment portfolio.
••J
1?
City of Southlake Investment Policy-amended October 21, 1997 A_/�
6. The Citv's independent auditor will review the quarterly investment
report for compliance with the Public Funds Investment Act and report
findings annually to the City Council.
•J
13
City of Southlake Investment Policy-amended October 21, 1997
APPENDIX "A"
CERTIFICATION
I hereby certify that I have personally read and understand the investment policy and master
repurchase agreement, (if applicable), conditions of the City of Southlake, Texas, and have
implemented reasonable procedures and controls designed to fulfill those objectives and
conditions. Transactions between this firm and the City of Southlake will be directed towards
precluding imprudent investment activities and protecting the City from credit or market risk.
All sales personnel of this firm dealing with the City of Southlake's account(s) have been
informed and will be routinely informed of the City's investment horizons, limitations,
strategy and risk constraints, whenever we are so informed by the City.
This firm pledges due diligence in informing the city of foreseeable risks associated with
financial transactions connected to this firm.
FIRM
REGISTERED PRINCIPAL OF FIRM
PRIMARY REPRESENTATIVE: NAME/TITLE
(please print)
PRIMARY REPRESENTATIVE SIGNATURE
DATE
14
City of Southlake Investment Policy-amended October 21. 1997
APPENDIX "B"
GLOSSARY OF
COMMON TREASURY TERMINOLOGY
Agencies. Federal agency securities. CUSIP. A unique security identification
number assigned to securities maintained
Asked. The price at which securities are and transferred on the Federal Reserve
offered. book-entry system.
Bid. the price offered for securities. Dealer. A dealer, as opposed to a broker,
acts as a principal in all transactions,
Broker. A broker brings buyers and sellers buying and selling for his own account.
together for a commission paid by the
initiator of the transaction or by both sides; Debenture. A bond secured only by the
in contrast to a "principal" or a "dealer", general credit of the issuer.
he does not own or take a position in the
security. In the money market, brokers are Delivery versus Payment. Delivery of
active in markets in which banks buy and securities with an exchange of money for
sell money and in inter-dealer markets. the securities.
Certificate of Deposit (CD). A time Depository. The bank selected by the City
deposit with a specific maturity evidenced to provide depository services.
by a certificate.
Discount. The difference between the cost
Collateral. Securities, evidence of deposit price of a security and its value at maturity
or other property which a borrower pledges when quoted a lower than face value. A
to secure repayment of a loan. Also refers security selling below original offering
to securities pledged by a bank to secure price shortly after sale also is considered to
deposits of public monies. be at a discount.
Commercial Paper. Short-term, unsecured Discount Securities. Non-interest bearing
promissory notes issued by corporations to money market instruments that are issued at
finance short-term credit needs. a discount and redeemed at maturity for full
Commercial paper is usually sold on a face value, e.g., U.S. Treasury Bills.
discount basis and has a maturity at the
time of issuance not exceeding nine Diversification. Dividing investment funds
months. among a variety of securities offering
independent returns.
Coupon. The annual rate of interest that a
bond's issuer promises to pay the
bondholder on the bond's face value. Also,
a certificate attached to a bond evidencing
interest due on a payment date.
15
City of Southlake Investment Policy-amended October 21, 1997
Federal Credit Agencies. Agencies of the Federal National Mortgage Association
Federal government set up to supply credit (FNMA or Fannie Mae). FNMA, a federal
to various classes of institutions and corporation, is the largest single provider
individuals, e.g., savings and loans, small of residential mortgage funds in the United
business firms, students, and farmers. States. It is a private stockholder-owned
corporation. The corporation's purchases
Federal Deposit Insurance Corporation include a variety of adjustable mortgages
(FDIC). A federal agency that insures and second loans in addition to fixed-rate
bank deposits, currently $100,000 per mortgages. FNMA's securities are also
deposit. highly liquid and are widely accepted.
FNMA assumes and guarantees that all
Federal Funds Rate. The rate of interest at security holders will receive timely
which Federal funds are traded. This rate payment of principal and interest.
is currently set by the Federal Reserve
through open-market operations. Federal Open Market Committee (FOMC).
Consists of seven members of the Federal
Federal Home Loan Banks (FHLB). Reserve Board and five of the twelve
Created in 1932, this system consists of 12 Federal Reserve Bank Presidents. The
regional banks, which are owned by private President of the New York Federal Reserve
member institutions and regulated by the Bank is a permanent member while the
Federal Housing Finance Board. other Presidents serve on a rotating basis.
Functioning as a credit reserve system, it The Committee periodically meets to set
facilitates extension of credit through its Federal Reserve guidelines regarding
owner-members in order to provide access purchases and sales of Government
to housing and to improve the quality of Securities in the open-market as a means of
communities. Federal Home Loan Bank influencing the volume of bank credit and
issues are joint and several obligations of money.
the 12 Federal Home Loan Banks.
Federal Reserve System. The central bank
Federal Home Loan Mortgage Corporation of the United States created by Congress
(FHLMC or Freddie Mac). A stockholder- and consisting of a seven member Board of
owned corporation that provides a Governors in Washington, D.C., 12
continuous flow of funds to mortgage regional banks and about 5,700 commercial
lenders, primarily through developing and banks that are members of the system.
maintaining an active nationwide secondary
market in conventional residential Government Agency Issues. Debt
mortgages. Freddie Mac purchases a large securities issued by government-sponsored
volume of conventional residential enterprises, federal agencies, and
mortgages and uses them to collateralize international institutions. Such securities
mortgage-backed securities. are not direct obligations of the Treasury
and involve government sponsorship or
guarantees.
16
City of Southlake Investment Policy-amended October 21, 1997
cj7e a3
Government National Mortgage ownership. The master repurchase
Association (GNMA or Ginnie Mae). agreement protects the investor by
Securities guaranteed by GNMA and issued eliminating the uncertainty of ownership
by mortgage bankers, commercial banks, and hence, allowing investors to liquidate
savings and loan associations, and other collateral if a bank or dealer defaults during
institutions. Security holder is protected by the term of the agreement.
full faith and credit of the U.S.
Government. Ginnie Mae securities are Maturity. The date upon which the
backed by FHA, VA or FMHM mortgages. principal or stated value of an investment
The term pass-through is often used to becomes due and payable.
describe Ginnie Maes.
Money Market. The market in which
Liquidity. A liquid asset is one that can be short-term debt instruments (bills,
converted easily and rapidly into cash commercial paper, bankers' acceptances,
without a substantial loss of value. In the etc.) are issued and traded.
money market, a security is said to be
liquid if the difference between bid and Mutual Funds. Mutual fund providers are
asked prices is narrow and reasonable size investment companies that sell shares to
can be done at those quotes. investors, offering investors diversification
and professional portfolio management.
Local Government Investment Pool Prices fluctuate with the performance of the
(LGIP). The aggregate of all funds from fund. Money market mutual funds invest
political subdivisions that are placed in the in short-term securities such as treasury
custody of the a state managed pool, or bills, bank CD's and commercial paper.
other qualifying pool(s) that meet state
statute criteria, for investment and Open Market Operations. Purchases and
reinvestment. sales of government and certain other
securities in the open market by the New
Market Value. The price at which a York Federal Reserve Bank as directed by
security is trading and could presumable be the FOMC in order to influence the volume
purchased or sold. of money and credit in the economy.
Purchases inject reserves into the bank
Master Repurchase Agreement. To protect system and stimulate growth of money and
investors, many public investors will credit; sales have the opposite effect. Open
request that repurchase agreements be market operations are the Federal Reserve's
preceded by a master repurchase agreement most important and most flexible- monetary
between the investor and the financial policy tool.
institution or dealer. The master agreement
should define the nature of the transaction, Par. The value of a security as expressed
identify the relationship between the on its face (face value) without
parties, establish normal practices consideration of a discount or premium.
regarding ownership and custody of the
collateral securities during the term of Portfolio. Collection of securities held by
investment, provide remedies in the case of an investor.
default by either party and clarify issues of
17
City of Southlake Investment Policy-amended October 21, 1997
�./ 41
Positive Yield Curve. A condition where Rate of Return. The yield obtainable on a
interest rates are higher on Iona-term debt security based on its purchase price or its
securities than on short-term debt securities current market price. This may be the
of the same quality. amortized yield to maturity on a bond or
the current income return.
Premium. The price that a security
demands over its par value. This is the Rating. A formal opinion by an outside
difference between the price of an professional service on the credit reputation
instrument and its value at maturity (par of an issuer and the investment quality of
value) when the price is higher than the its securities. This opinion is expressed in
maturity. letter values (e.g., AAA, Baal).
Primary Dealer. A group of government Repurchase Agreement (REPO). A holder
securities dealers that submit daily reports of securities sells these securities to an
of market activity and positions and investor with an agreement to repurchase
monthly financial statements to the Federal them at a fixed price on a fixed date. The
Reserve Bank of New York and are subject security "buyer" in effect lends the "seller"
to its informal oversight. Primary dealers money for the period of the agreement, and
include Securities and Exchange the terms of the agreement are structured to
Commission (SEC) registered securities compensate him for this. Dealers use
broker-dealers, banks and a few REPO's extensively to finance their
unregulated firms. positions.
Prudent Person Rule. An investment Safekeeping. A service to customers
standard. Investments shall be made with rendered by banks for a fee whereby
judgment and care, under circumstances securities and valuables of all types and
then prevailing, which persons of descriptions are held in the bank's vaults
prudence, discretion and intelligence for protection.
exercise in the management of their own
affairs, not for speculation, but for SEC Rule 150-1. See uniform net capital
investment, considering the probable safety rule.
of their capital as well as the probable
income to be derived. Secondary Market. A market made for the
purchase and sale of outstanding issues
Qualified Public Depositories. A financial following the initial distribution.
institution which does not claim exemption
from the payment of any sales or Securities and Exchange Commission
compensating use or ad valorem taxes (SEC). Agency created by Congress to
under the laws of this state, which has protect investors in securities transactions
segregated for the benefit of the by administering securities legislation.
commission eligible collateral having a
value of not less than its maximum liability
and which has been approved by the Public
Deposit Protection Commission to hold
public deposits.
18
City of Southlake Investment Policy-amended October 21, 1997
Student Loan Marketing Association (Sallie with the adjustment spread over the period
Mae). A government sponsored entity that from the date of purchase to the date of
provides liquidity for private lenders maturity of the bond.
(banks, savings and loan associations,
educational institutions, state agencies and Uniform Net Capital Rule. Securities and
other lenders). Sallie Mae participates in Exchange Commission requirement that
the Federal Guaranteed Student Loan member firms as well as nonmember
Program. broker-dealers in securities maintain a
maximum ratio of indebtedness to liquid
Treasury Bills. A non-interest bearing capital of 15 to 1; also called net capital
discount security issued by the U.S. rule and net capital ratio. Indebtedness
Treasury to finance the national debt. covers all money owed to a firm, including
Most bills are issued to mature in three margin loans and commitments to purchase
months, six months, or one year. securities, one reason new public issues are
spread among members of underwriting
Treasury Bond. Long-term U.S. Treasury syndicates. Liquid capital includes cash
securities having initial maturities of more and assets easily converted into cash.
than ten years.
Zero-Coupon Security. A security that
Treasury Notes. Intermediate term coupon makes no periodic interest payments but
bearing U.S. Treasury securities having instead is sold at a deep discount from its
initial maturities from one to ten years. face value.
U.S. Government Securities. Various
types of marketable securities issued by the
U.S. Treasury, including bills, notes, and
bonds. Such securities are direct
obligations of the U.S. Government and
differ mainly in the length of their
maturity.
Weighted-Average Life. The weighted-
average life refers to the average amount of
time that will elapse from the date of a
security's issuance until each dollar of
principal is repaid to the investor.
Yield. The rate of annual income return on
an investment, expressed as a percentage.
(a) Income Yield is obtained by dividing
the current dollar income by the current
market price of the security. (b) Net Yield
or Yield to Maturity is the current income
yield minus any premium above par or plus
any discount from par in purchase price,
19
City of Southlake Investment Policy-amended October 21, 1997
` City of Southlake, Texas
MEMORANDUM
I
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October 17, 1997
i
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i
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorization for the City's Concurrence to Execute a Contract for
Sanitary Sewer Improvements for Sutton Place, CDBG Project No.
B96-UC-48-0001-60-15
BACKGROUND
i During the September 2, 1997 Regular City Council Meeting, the Council formally
concurred with the execution of Community Development Block Grant Project No.
B96-UC-48-0001-60-15 bid by Tarrant County. This project extends a sanitary sewer
trunk line to Sutton Place as part of a larger program to make infrastructure
improvements within the entire subdivision.
The CDBG program, however, does not cover the sewer connection to each home.
Separate funds are available to individual homeowners that qualify under the CDBG
rehabilitation grant. Tarrant County has bid the connection of each home as a separate
project and will award the contract.
Low bidder for this project is DSCI, Inc. in the amount of$64,835.68. This company
is currently providing services for Tarrant County and is qualified for this project.
BID TABULATION
See attached bid tabulation prepared by Cheatham and Associates.
FUNDING/FISCAL IMPACT
The City will reimburse Tarrant County at a later date for 24 of the 27 sewer
connections. Funding for the proposed project will be provided through the CIP
budget.
Without the CDBG funds the City would be funding 100% of the project through the
neighborhood sewer program. The available CDBG funds reduce the cost to the City
considerably.
i
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5D-1
I
RECOMMENDATION
Staff recommends City Council concurs with the execution of the contract for sanitary
sewer improvements for Sutton Place. Please place this item on the October 21, 1997
Regular City Council Agenda for City Council review and consideration.
9,j I V4
CRE/cre
Attachment: Bid Tabulation
5D-2
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City of Southlake, Texas
MEMORANDUM
October 16, 1997
TO: Curtis E. Hawk, Assistant City Manager
FROM: Billy Campbell, Director of Public Safety
SUBJECT: Authorize the Mayor to Execute a Medical Control Services Agreement 'At
Between Baylor Medical Center at Grapevine and the City of Southlake
Department of Public Safety
Attached is the Medical Control Services Agreement between Baylor Medical Center at Grapevine
and the City of Southlake Department of Public Safety. This agreement has been renewed each year
since we began contracting with Baylor for medical control services in 1990. There are six other
cities also contracting with Baylor for medical control. The Texas Department of Health, the State
Board of Medical Examiners and Bureau of Emergency Management requires EMS service of
every entity to designate a licensed physician to provide medical control assistance to its EMS
personnel. Medical control services consist of on-line medical control 24 hours a day for seven (7)
days a week; formulation and review of EMS protocols; monthly scheduled meetings to discuss
operations of Emergency Service and responsibilities; and establishing guidelines and monitoring
quality assurance.
It is my recommendation that we accept this agreement for service and that it be placed on the
Consent Agenda for the October 21, 1997 City Council Meeting.
If you have any questions, please feel free to contact me or Deputy Director Garland Wilson.
BGbls
Attachment
SE-1
MEDICAL CONTROL SERVICES AGREEMENT
�— This Medical Control Services Agreement (hereinafter"Agreement") is made and entered
into this the first day of October, 1997 by and between Baylor Medical Center at Grapevine, a
Texas non-profit corporation located at 1650 West College Street, Grapevine, Texas 76051
(hereinafter "Baylor") and City of Southlake Department of Public Safety (hereinafter
"Emergency Service") for the provision of medical control services.
RECITALS
WHEREAS, Emergency Service operates a licensed emergency medical service system
(hereinafter "EMS") regulated by the Texas Department of Health, the Texas State Board of
Medical Examiners and Bureau of Emergency Management (collectively"the Department");
WHEREAS, Department regulations require Emergency Service to designate a licensed
physician to provide medical control assistance to assist with EMS;
WHEREAS, Emergency Service desires to engage Baylor as an independent contractor to
provide medical control, pursuant to the terms and conditions below;
NOW, WHEREFORE, in consideration of the mutual promises set forth herein, the
parties do hereby agree as follows:
1. Term and Termination. This agreement shall be effective on the date set forth above
(hereinafter "Commencement Date") and shall continue in effect for one (1) year from
Commencement Date. Thereafter, this agreement shall automatically renew for additional one
year terms on the anniversary of Commencement Date, unless sooner terminated by either party.
Either party may terminate this Agreement at any time, with or without cause, by providing the
other party with thirty (30) days written notice of intent to terminate. Furthermore, this
Agreement shall terminate automatically upon loss of either party's licensure, or upon the
effective date of any change in statute, ordinance, rule or regulation of action of governmental
authority prohibiting this arrangement or the services contemplated hereunder.
2. Services to be Provided by BUlor. Baylor agrees to provide to Emergency Service
the following services:
a. Off-line EMS Medical Director services as required by the Texas State Board
of Medical Examiner's EMS regulations for medical directors, 22 Tex.
Admin. Code §§197.1-197.6;
b. On-line medical control, as defined by Department regulations, 24 hours a day
for seven (7) days a week;
c. Formulation and review of EMS protocols;
d. Monthly scheduled meetings to discuss the operation of Emergency Service
and Baylor's responsibilities under this Agreement;
e. Establish guidelines and monitor quality assurance;
1
SE-2
f. Coordinate sufficient continuing education to meet Department requirements
as set forth at 25 Tex. Admin. Code §157.38; and
g. By contract, Baylor will provide an EMS Medical Director, as defined by 22
Tex. Admin. Code §197.2 who fulfills the obligations and requirements of
Chapter 197, Tex. Admin. Code pertaining to EMS medical directors. The
agreement between Baylor and the Physician to provide the EMS medical
director services is attached hereto as Exhibit "B" and incorporated herein by
reference.
3. Relationship of Parties. Emergency Service acknowledges that in the provision of all
services contemplated by or incident to this Agreement, Baylor is an independent contractor.
Nothing in this Agreement shall be interpreted or construed so as make Baylor an employee,
agent, or borrowed servant of Emergency Service. Nothing in this Agreement shall be interpreted
or construed so as to make the employees of Emergency Service the servants, agents, or
employees of Baylor. Emergency Service and the employees of Emergency Service shall not be
eligible for the employment benefits, including health and unemployment insurance, and
worker's compensation coverage, which are provided to employees of Baylor.
4. Compensation. In consideration for Baylor's provision of medical control services
under this Agreement, Emergency Service will pay to Baylor the fee set forth in Exhibit "A".
The fee shall be paid to Baylor on or before October ls`of each year of the Agreement. No refund
shall be made for partial years of service. After the expiration of the first term of the Agreement
(1 year) and upon their mutual agreement, the parties may modify the compensation to be paid
Baylor by executing a new Exhibit to the Agreement.
5. Obligations of Emergency Service. Emergency Service shall be responsible for the
following:
a. Emergency Service shall secure, on behalf of itself and its employees,
insurance applicable to personal injury or property damage arising out of the
conduct of Emergency Service personnel pursuant to this Agreement.
Evidence of such coverage shall be provided to Baylor upon request.
b. Emergency Service shall properly monitor the skill levels of its personnel and
to inform Baylor of any deficiencies which might affect the ability of any
individual to perform tasks as directed by Baylor.
c. Emergency Service shall, at all times during the pendency of this Agreement,
maintain all applicable licenses and certifications to render emergency
medical services and transportation in the communities it serves. Emergency
Service shall notify Baylor immediately of any change in or termination of the
same.
d. During the term of this Agreement, Emergency Service shall not contract with
another physician or health care provider for the provision of medical control
SE-3
services as contemplated hereunder, without the express written permission of
Baylor.
e. Emergency Service will comply with the laws and regulations applicable to
EMS systems as they may be amended from time to time.
6. Professional Liability Insurance. At all times while this Agreement is effective,
Baylor shall carry professional liability insurance with a reputable carrier in amounts not less
than five hundred thousand dollars ($500,000) per claim and one million, five hundred thousand
dollars ($1,500,000) aggregate for all claims during a policy period. Proof of required coverage
shall be furnished to Emergency Service upon request by that party.
7. Indemnification. Baylor agrees and is bound to hold harmless and indemnify
Emergency Service against any and all claims for damaged, costs, and expenses to persons or
property that may arise out of, or be occasioned by this contract or any of its activities or from
any act or omission on the part of Baylor, its employees, representatives and agents. To the
extent permitted by law, Emergency Service agrees and is bound to hold harmless and indemnify
Baylor against any and all claims for damages, costs, and expenses to persons or property that
may arise out of, or be occasioned by this contract or any of its activities or from any act or
omission of Emergency Service, its employees, representatives and agents, provided, however,
that it is not the intention or purpose to create liability against Emergency Service unless such
liability is imposed by law.
8. Force Majeure. Neither party shall be in violation of this Agreement if either party is,
��.... or if either party reasonably determines that it is, prevented from performing its obligations for
any reason beyond its control, including without limitation, flood, storm, strikes, acts of God or
the public enemy.
9. Waiver of Breach. The waiver of breach of any term or condition of this Agreement
shall not be deemed to constitute the continuing waiver of the same or any other term or
condition.
10. Severability. In the event any provision of this Agreement is held to be unenforceable
for any reason, the unenforceability thereof shall not effect the remainder of this Agreement,
which shall remain in full force and effect and enforceable in accordance with its terms.
11. Notices. Any notice or bill provided for in this Agreement shall be in writing and
shall be deemed given if mailed by United States certified or registered mail, return receipt
requested, postage prepaid, properly addressed as follows:
Emergency Service: City of Southlake Department of Public Safety
667 North Carroll Avenue
Southlake, TX 76092
Attention: Chief Garland Wilson
5E-4
Baylor: Baylor Medical Center at Grapevine
Attention: Mark Hood
Executive Director
1650 W. College St.
Grapevine, TX 76051
12. Modification. This Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof and supersedes all previous negotiations, commitments
and writings. The Agreement may not be modified or amended except by a written instrument
signed by both parties.
13. Assignment. This Agreement shall apply to, and be binding upon, the parties and their
respective successors and permitted assigns. However, this Agreement may not be assigned by
either party without the prior written consent of the other party. Any assignment attempted
without such consent shall be void.
14. Choice of Law. This Agreement shall be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the parties hereto hereby execute this Agreement, intending
to be fully bound thereby, as of the date first set forth above.
BAYLOR MEDICAL CENTER CITY OF SOUTHLAKE DEPARTMENT
AT GRAPEVINE OF PUBLIC SAFETY
By :
Mark Hood, Executive Director
Its
4
5E-5
EXHIBIT "A"
`�,.. In consideration of the services provided in the attached Agreement, Emergency Service
will pay to Baylor the fee of$4,485.00 per year for each year of the Agreement.
5
SE-6
EXHIBIT "B"
... MEMORANDUM OF AGREEMENT
For the mutual promises and consideration set forth herein, John Ansohn, D.O.
(hereinafter "Physician") and Baylor Medical Center at Grapevine, a Texas non-profit
corporation located at 1650 West College St., Grapevine, Texas 76051, (hereinafter"Baylor") do
hereby agree as follows:
1. Baylor assists various area fire departments in satisfying certain requirements pertaining to
the operation of Emergency Medical Systems (EMS). By law, each EMS is required to have
a Medical Director who is responsible for all aspects of the operation of an EMS system
concerning the provision of medical care. This person is referred to as the Medical Director
(off-line). Physician is willing to serve as the Medical Director (off-line) for those EMS
systems listed in Section 5 of this Agreement which have independently contracted with
Baylor for assistance with EMS services. In accepting such position, Physician acknowledges
and agrees that:
a. he possess the qualifications for Medical Director (off-line) as set forth in the
regulations of the Texas State Board of Medical Examiners, 22 Tex. Admin. Code
§197.1 et M. (hereinafter"the EMS rules");
b. he will faithfully perform and carry out the duties and responsibilities of Medical
Director(off-line) set forth in the EMS rules as amended from time to time.
2. Either party may terminate this Agreement at any time, with or without cause, after providing
the other party with ninety (90) days prior written notice. Physician shall continue to perform
his duties as set forth herein during such ninety (90) day notice period.
3. The parties enter into this Agreement as independent contractors. It is the express intent of
the parties that nothing in this Agreement shall be construed to create any employer-
employee, principle agent, partnership or joint venture relationship between the parties.
Physician shall not be subject to any employee rules of Baylor nor shall Physician be entitled
to any employee benefits of Baylor.
4. While this Agreement is in effect, Physician shall carry professional liability insurance in
amounts not less than one million dollars ($1,000,000) per claim and three million dollars
($3,000,000) aggregate for all claims in a policy period.
5. Physician will provide Medical Director services to the following EMS systems:
a. Colleyville Fire Department;
b. Euless Fire Department;
c. Flower Mound Fire Department;
d. Grapevine Fire Department;
e. Keller Fire Department;
6
SE-7
f. Southlake Department of Public Safety;
g. Trophy Club Emergency Medical Services;
6. The term of this Agreement shall commence October 1, 1997 and continue until terminated
as provided herein.
7. This agreement shall be governed by and construed in accordance with the laws of the State
of Texas.
8. Neither party may assign this Agreement without the express written permission of the other
party.
9. This memorandum comprises the entire, fully-integrated Agreement between the parties. Any
prior agreements or understandings, whether oral or written, not made a part of this
Agreement are not a part of this Agreement. Any additions or modifications to this
Agreement must be in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have signed this agreement through their
duly authorized representative.
BAYLOR MEDICAL CENTER AT GRAPEVINE
Mark Hood, Executive Director
PHYSICIAN
John sohn, D.O.
7
SE-8
City of Southlake,Texas
i
I i
MEMORANDUM
i
October 16, 1997
TO: Curtis E. Hawk, City Manager
FROM: Ronald J. Harper, City Engineer
SUBJECT: Change Order No. 2 for Sanitary Sewer Lines and Water Line to the Miron
Addition
BACKGROUND
As discussed at the October 7, 1997 City Council meeting additional water lines are required to
alleviate a water pressure problem in Oak Tree Estates. At the October 7 meeting, a change order
was approved to install an additional 20" inch water line. Council was informed at that time that
an additional change order would be presented for an additional 12" inch water line.
Attached is Change Order No. 2 to J.S. Constructors, Inc. for this additional 12" inch water line,
in the amount of$17,773.50. This line would be installed from the site of the future elevated tank
to an existing water line in Oak Tree Estates.
i
(RECOMMENDATION)
421Seco ends that this item be placed on the regular City Council Meeting Agenda on October
97
attachment: Change Order No. 2
MAW-FILESWEMMIMC01MFM
5F-�
CHANGE ORDER No. 2
Dated: October 13, 1997
OWNER'S Project No. 001-433 ENGINEER's Project No. 001-433
Project Sanitary Sewer Line& Water Line to the Miron Addition
OWNER_ City ofSouthlake
Contract for Water&Sewer Line Construction Contract Date: July 21, 1997
To: J S Constructors, Inc
Contractor
You are directed to make the changes noted below in the subject contract:
00 of Southlake
Owner
By:
Date: , 1997
Nature of the changes:
1) Furnish& install 12"dia.AWWA Spec. 534 L.F. @ $28.00 $ 14,952.00
C-900 PVC(DR-18)water pipe, including
granular embedment,(5'-0"min. pipe
cover);testing per NCTCOG specs.
2) Furnish&install ductile iron fittings for 1710 LBS. @ $ 1.65 2,821.50
water line construction including blocking,
complete in place for the sum of
These changes result in the following adjustment of contract price and contract time:
Contract Price Prior to this Change Order $ 202,571.00
Net Increase Resulting from this Change Order $ 17,773.50
Current Contract Price Including this Change Order $ 220,344.50
NSPE-ASCE 1910-8-B(1978 Edition)
Page 1 of 2
SF-2
Contract Time Prior to this Change 97 Calendar Days
(411W (Days or Date)
Net Increase Resulting from this Change Order 14 Calendar Days
(Days)
Current Contract Time Including this Change Order_ 101 Calendar Days
(Days or Date)
The above changes are recommended: Robert D. Rowlev. P.E.
Engineer
By: A4-��
Date: OC T 3 1997
The above changes are recommended: City of Southlake
City
Robert R. Whitehead P.E
BY=
Date: la�� — 1997
The above changes are accepted: J.S. Constructors. Inc.
Contracto
By:
Date: l L9 ( 7 — 1997
FAWORDSOUiHLAKA33%Change Order.001.wNd
Page 2 of 2
5F-3
Il�nn�y�
[�y11�1I�1,�11►I �.
d
City of Southlake, Texas
MEMORANDUM
October 17, 1997
i
i
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 North White Chapel Boulevard to the
County Line i
BACKGROUND
The City has entered into an interlocal agreement with Tarrant County for the
reconstruction of N. White Chapel Blvd. from Dove St. to the county line. As part of
this interlocal agreement the City has agreed to provide construction materials, plans,
and surveying, while Tarrant County has agreed provide labor.
Dunaway and Associates has been selected to provide surveying and engineering plans
at a cost of $37,750.00. The construction materials cost is estimated to be
$139,260.00, for a total project cost of 175,410.00. If this project were to be bid out
to a contractor, rather than using County labor, the project would cost approximately
$196,185.00, adding the engineering cost would make the total $217,150.00.
RECOMMENDATION
Staff recommends the Mayor be authorized to execute a contract with Dunaway and
Associates for the design of N. White Chapel Blvd. from Dove St. to the county line.
Please place this item on the October 21, 1997 Regular City Council Agenda for City
Council review and consideration.
CRE/cre
Attachment: Professional Services Agreement
I
I
I
5G-1
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY 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.,
0,... acting herein by and through James E. DcOtte, P.E.,its duly authorized Vice President,hereinafter called
"Engineer",hereby make and enter into the following agreement:
ARTICLE I. SERVICES
Section 1. For an 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 highest 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,bridges,culverts and all
other necessary design and engineering work for improvements in connection with the
following projects and locations:
Whites Chapel(Dove Road to Denton County line-6500 LF)
Section 2. The services to be performed by Engineer shall also include the following (also see
Attachment#1):
1) When requested by the City,die 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 arc 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 die requirements of such other agencies. It shall be the Engineer's duty
hereunder to secure necessary information from such agencies.
t� 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 dine most applicable NCTCOG,TxDOT,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/proposcd utilities and storm drain lines.
8) The Engineer shall fumish three(3)copies of detailed Final Drawings and three(3)copies
of Specifications for Construction as authorized by the City for use in constructing and
completing the proposed improvements. The Engineer shall furnish and indicate on the plans
the location of existing and proposed utilities and storm drains.
H:\WP\96\9610501\Whites Chapel COMRACr.iED 5G-2
9) The Engineer shall furnish ten(10)copies of Final Construction Drawings and tcn(10)bound
topics of the Contract Documents containing die Notice to Bidders,Proposal,Labor Rates,
Experience Records,General and Special Provisions, Specifications, Insurance Statement,
Performance and Pavmcnt Bonds,and Contract forms.
10) The Engineer shall furnish two (2) copies of detailed cost estimates and proposals for
authorized construction,which shall include suriunarics of bid items and quantities.
11) The Engineer shall secure die approval of the City of the final plans and specifications. All
Contract Documents shall comply in all respects with applicable local,state,and federal laws
and with applicable rules and regulations promulgated by all 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 die Engineer, its officers, agents, employees and
subcontractors for the accuracy and competency of the services performed hereunder,
including but not linutod 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 die City for any error,omission,defect or negligence in die performance of such
services,it being die intent of the parties that approval by die City signifies the City's approval
of only the general design concept of the improvements to be constructed.
12) At any time during the construction of this project, the Engineer shall advise on special
aspects of the project at the request of the City. The Engineer will review and approve shop
drawings as necessary.
13) The original drawings of all plans shall be drawn in ink on approved plastic film sheets,or as
otherwise approved by die 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.
14) The City shall pay for necessary soils testing and furnish a report of the test information to
the Engineer for its use.
15) The Engineer shall determine the rights-of-way and casement needs necessary for the
construction of the project and furnish same to the City. The Engineer shall provide the
necessary land survey, Deed and Abstract Records search, rights-of-way maps, and
descriptions of properties to be acquired upon authorization from the City.
ARTICLE 11. 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'tune directly chargeable to the project.
plus 32 percent for social security contributions, unemployment, excise and payroll taxes, 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:
Maximum
Position Salary Cost
Principal $47.35/Hour
Project Manager $34.90/Hour
Senior Engineer $27.00/Hour
Senior Technician $22.25/Hour
Technician $19.25/Hour
Senior Draftsman $17.75/Hour
Draftsman $12.00/Hour
Administration/Clcrical $15.00/Hour
The City shall pay the Engineer for all subcontract work authorized by die City at the actual invoice cost. Thc
City shall pay the Engineer for reproduction work at the current commercial rates.
H:\WM6\96h050l\Whi1es Chapel CONTR NCT.IED 5G-3
In no event shall the payment by the City for all work and services performed hereunder exceed the total sum
of$35,750.00 for engineering and surveying as outlined in this contract.
Method of Pawnent:
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 50%of the maximum fee.
Until satisfactory completion of Phase 2 hereunder,a sum not to exceed 40%of the maximum fee,less
previous payments.
Until satisfactory completion of Phase 3 hereunder,a stun not to exceed 40%of the maximum fee,less
previous payments.
Until satisfactory completion of Phase 4 hereunder,a sum not to exceed 40%of the maximum fee,less
previous payments.
Balance of earnings to be due and payable upon satisfactory completion of Phase 5 and upon
acceptance.
ARTICLE III. PHASES AND SCHEDULES
Engineering work on this project shall be completed according to the following schedule:
Phase 1: Preliminary construction plans shall be submitted for review by the City and utility companies
and other agencies within 60 calendar days after Notice to Proceed.No additional right-of-
way is anticipated.The project shall be divided into two sections in the event right-of-way
acquisition appears to be a delay;
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: Advcrtising/Bidding is not included. 1-.-
Phase 4: Construction/As Built Phase is not included.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$139,260.00 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.
ARTICLE VI. TRANSFER OF CONTRACT
The 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.
HAVM96\9610501\Whites Chapel CONTRACr.]ED SG-4
ARTICLE V1I. TERMINATION OF CONTRACT
Section 1. The city may temunate 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 1.,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 1I.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 perfomung same,and
shall be liable for the acts and omissions of its officers,agents,employees,contractors,subcontractors,and
consultants;that the doctrine of respondcat superior shall not apply as between the City and the Engineer,its
officers,agents,employees,contractors,subcontractors,and consultants,and nothing herein shall be construed
as 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 S 1,000,000.00 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.
(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.
HAW11\96\9610501\While.Chapel CONTRACNED 5G-5
ARTICLE X11. VENUE
Venue of any suit or cause of action under this contract shall lie in Tarrant County,Texas.
IN WITNESS 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 Jame E.DcOttc,P.E.,R.P.L.S.,
dic&- tesident
Address: 1501 Merrimac Circle,Suite 100
Fort Worth,Texas 76107-6572
ATTEST: ATTEST:
A 1
City Secretary Secretary
5G_g
H:\WP\96\9610501\Whi1c3 Chapel CONTRACT.JED
ESTIMA'rE OF PROBABLE CONSTRUCTION COSTS
ATTACHMENT 1
SUPPORTING DOCUMENTATION
WHITES CHAPEL
(6,500 L.F.)
A. UTILIZING COUNTY FORCES /
ITEM UNIT TOTAL
NO. DESCRIPTION QUANTITY PRICE COST
I Clearing/Grubbing 50'R.O.W.-22'Pvmt 0.0 AC S 0.00 $ 0.00
2 Earthwork 0.0 CY $ 0.00 $ 0.00
3 Leveling Compound Type D 900 TN $ 28.00 $ 25,200.00
4 1Tv1AC(Avg 2')22'Wide 1,700 TN $ 28.00 $ 47,600.00
5 Culvert 400 LF $ 25.00 $ 10,000.00
6 End Wall Treatments 20 EA $ 300.00 $ 6,000.00
7 Hydromulching _ 1,000 SY $ 0.80 S 800.00
8 Drive Reconstruction 20 EA $ 700.00 S 14,000.00
9 Pavement Marking/Signage 6,500 LF $ 2.00 $ 13,000.00
10 Detour Signagc/Marking Safety 1 LS $ 10,000.00 $ 10,000.00
Subtotal ....................................................................... $126,600.00
10%Contingencies ........................................... ................... $ 12,660.00
Total ................ .......................... ............... ............... .. S139,260.00
B. BIDDING THE PROJECT
ITEM UNIT TOTAL
NO. DESCRIPTION QUANTITY PRICE COST
1 Clcaring/Grubbing 50'R.O.W.-22'Pvmt 3.0 AC $ 5,000.00 S 15,000.00
2 Earthwork 2,100.0 CY S 3.50 S 7,350.00
3 Leveling Compound Type D 900 TN $ 38.00 S 34,200.00
4 FIIvfAC(Avg 2")22'Widc 1,700 TN S 40.00 S 68,000.00
5 Culvert 400 LF S 25.00 S 10,000.00
6 End Wall Treatments 20 EA $ 300.00 S 6,000.00
7 Hydromulching 1,000 SY $ 0.80 $ 800.00
8 Drive Reconstruction 20 EA $ 700.00 $ 14,000.00
9 Pavement Marking/Signage 6,500 LF $ 2.00 S 13,000.00
10 Detour Signage/Marking Safety 1 LS $ 10,000.00 S 10,000.00
Subtotal ........................................................ ............... S178,350.00
10%Contingencies .............................................................. S 17,835.00
Total ...................................................... ... ......... ........ S196,185.00
H:\WP96\9610501\Whi1c&Chnpel CON-rR,,Cr.JED 5G_7
ENGINEERING SUMMARY
ATTACHMENT 2
A. Land Surveying
1. Field . . . . . . .. .. . .. .. . . . ..................... . 100 hours @$90/hour $ 9,000.00
i
2. Office-to include R.O.W.c-clubits(4)and reduction of
field data .... . . . .. .. .. . ... .. . ..... . .... ... ... 40 hours @$48.75/hour S 1,950.00
S 10,950.00
Subtotal . . . . . . . . . .. .. . . . . . .. . . . . . . . . . . ... . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . .
B. Base Design Based On 11 Shects
1. Covcrshcet
2. Overall Layout
3. Drainage Summary
4-10. Plan and Profile
11. Paving,Culvert,and Headwall Details
Drafting ..... . .......... ......................... . . 220 hours @$50/hour $ 11,000.00
Engineering .. ....................................... 60 hours @$90/hour $ 5,400.00
Technician . .... . ... . ..... .......................... 120 hours @$70/hour S 8,400.00
$24,800.00
A. SURVEY ....................................................................$10,950.00
BDESIGN ....................................................................$24,800.00
GRAND TOTAL......................................................... S 35,750.00
HAWP196\9610501\White+Chapcl CONTRACr.1ED 5G'g
t City of Southlake,Texas
STAFF REPORT
October 17, 1997
CASE NO: ZA 97-111 PROJECT: Second Reading/Ordinance No. 480-259
Rezoning/Thomas M. Hood Survey,
Abstract No. 706,Tract 8A
STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743
REQUESTED ACTION: Zoning Change on property legally described as approximately
9.814 acres situated in the Thomas M.Hood Survey,Abstract No.
706, and being Tract 8A.
LOCATION: 503 W. Highland Street approximately 400' east of the
intersection of Shady Oaks Drive and West Highland Street.
OWNER: J. Randall and Terri G. Keene
APPLICANT: Hughes &Associates
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF-IA" Single Family Residential District
LAND USE CATEGORY: Low Density Residential
NO.NOTICES SENT: Twelve (12)
RESPONSES: Four(4)responses were received within the 200'notification area:
• Billy and Betty Runyan, 979 Shady Oak, Southlake,
opposed. "Sewer,drainage,too many cars trying to enter
Highland from and unsafe entrance point, if this property
is zoned SF-IA."
• Mary L. Arnold, 520 W. Highland, Southlake, in favor.
"Southlake needs the tax base. Also,will the entrance be
at the bottom of the hill or the top. This is very dangerous
getting in or out of our drive. People come over that hill
very fast."
• Doreen Branton, 480 W. Highland, Southlake, opposed.
"A walled community on this part of W. Highland. All
houses on our street are two or more acres. Please keep
houses on at least one to two acres and no walls in front!"
-7A- ( i
City of Southlake,Texas
• Timothy Raley, 440 West Highland Street, Southlake,
opposed. "SF-IA" would allow the possibility of at least
six to seven homes which is not consistent with the
property uses in the immediate area. The lot is near a
creek and contains many trees which should not be
destroyed for the sake of another development which
Southlake does not need. Residential Estate would be
appropriate zoning."
P & Z ACTION: September 4, 1997; Approved (7-0)to table and to continue the
Public Hearing to the September 18, 1997,Regular Planning and
Zoning Commission meeting due to the applicant not being
present.
September 18, 1997; Approved (7-0).
COUNCIL ACTION: October 7, 1997; Approved (7-0) on consent.
STAFF COMMENTS: Please note that a change of zoning to the "SF-1A" Single Family
Residential District does not require a Concept Plan Review by
Staff.
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ADJACENT OWNERS
AND ZONING
SPIN 'I I ROGER HUTTON
N 17- e
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-259
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING
APPROXIMATELY 9.814 ACRES SITUATED IN THE THOMAS
M. HOOD SURVEY,ABSTRACT NO. 706,AND BEING TRACT
8A. AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT"A"FROM"AG"AGRICULTURAL DISTRICT TO"SF-
IA" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO
THE SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE;PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
REQUESTED ZONING:
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 "AG" Agricultural
District under the City's Comprehensive Zoning Ordinance; and
WHEREAS,a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
L:\CTYDOCS\ORD\CASES\480-259.WPD
Page 1 "1
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on }
established character of the neighborhood; location, lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population,and effect on transportation,water, sewerage, schools,parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the view
to conserve the value of the buildings,and encourage the most appropriate use of the land throughout
this City; and,
WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments,and that the zoning changes do not unreasonably invade the rights of those
who bought or improved property with reference to the classification which existed at the time their
original investment was made; and,
WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate light and air, prevents the over-
crowding of land, avoids undue concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there has been
a change in the conditions of the property surrounding and in close proximity to the tract or tracts
of land requested for a change since the tract or tracts of land were originally classified and therefore
feels that the respective changes in zoning classification for the tract or tracts of land are needed,are
called for, and are in the best interest of the public at large, the citizens of the city of Southlake,
Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City
of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended,
is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed
and amended as shown and described below:
L:\CTYDOCS\ORD\CASES\480-1-59.WPD
Page 2 I A , I_
t
Being approximately 9.814 acres situated in the Thomas M. Hood Survey, Abstract
No. 706,and being Tract 8A and more fully and completely described in Exhibit "A"
attached hereto and incorporated herein, from "AG" Agricultural District to"SF-IA"
Single Family Residential District.
I
Section 2. That the City Manager is hereby directed to correct the Official Zoning map
of the City of Southlake, Texas,to reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or tracts of land herein above
described shall be subject to all the applicable regulations contained in said Zoning Ordinance and
all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections,
subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not
amended hereby,but remain intact and are hereby ratified,verified, and affirmed.
Section 4. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed,with respect to both present
conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen 1
congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to
avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water, parks and other commercial needs and development
of the community. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the City of
Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are in direct conflict with the
provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall not affect the validity of the zoning
of the balance of said tract or tracts of land described herein.
Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
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
L:\CTYDOCS\ORD\CASES\480-2i9.WPD
Page 3
until final disposition by the courts.
(W.,
Section 9. The CitySecret of the City of Southlake is hereby directed to publish the
�' tY Y
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 , 1997.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1997.
MAYOR
L:\CTYDOCS\ORD\CASES\480-259.W PD
Page 4 —7 A -8
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
(WWI
L:\CTYDOCS\ORD\CASES\480-259.WPD
Page 5 -7 A At '
EXHIBIT "A"
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS,we J. Randall Keene and wife, Terri G. Keene,are all of the owners of the tract of
land situated in the THOMA5 M. HOOD 5URYEY,Abstract:No."706, County of;"Tarrant, according-to
the deed recorded in Volume 12627, Page 92, Deed Records, Tarrant_ County, Texab`and being more
particularly described a5.follow5: +
BEGINNING at a 1/2 inch iron rod found in the south lineof Highland vtreet(County Road 3034),
said point being the northwest corner of a tract c6nveycO.to Glennis Davidson•a5 recorded in Volume
9261, Page 1888, Deed Records, Tarrant County, Texasal5o being the northeast corner of the
herein described tract;
THENCE:5 00'00'06"W along the west line of Said Davidson tract for a distance of 862.19 feet
to a 1/2 inch iron rod found in the north line of Lot 1, Block 1. Carroll 1.5.D. No. 1 Addition as recorded in
Cabinet A.Slide 2555, Plat Records, Tarrant-County, Texas; ;
THENCE:N 88657'36"W along the Said north line for a distance of 491.10 feet to a' 5/8 inch iron
rod Set for corner, said point also being in the east line of a tract conveyed to Billy Runyan a5-
recorded in Volume 7103, Page 636, Deed Records,Tarrant County,Texas;
THENCE: N 01*35'11"W along said east line and the east line of tracts conveyed to Bruce Goodson et
ux as recorded in Volume 6934, Page 942 and to James Russell et ux as recorded in Volume 7251,
Page 117, Deed Records, Tarrant County, Texas for a distance of 415.94 feet to a 1/2 inch iron rod
found at the southeast corner of a tract conveyed to Andrew Grant et ux a5 recorded m Volume
7760, Page 1023, Deed Records, Tarrant County, Texas;
THENCE:N 01*12'33"E along the east line of said Grant tract for a distance of 441.06 feet td a
1/2 inch iron rod found in the aforementioned South line of Highland Street(County Road 3034);
THENCE,-5 89°35'48"E along said south line for a distance of 493.27 feed to the POINT OF
BEGINNING and CONTAINING 9.81 acre&of land, more or less, as Surveyed by Steven W. Hu#e5,
Registered Profe55ional Land Surveyor, during the month of June 1997.
L:'CTtTiOCS'ORD'CAScS`,•330-259-WPD
Pa-c 5
_7A-`D
City of Southlake,Texas
MEMORANDUM
October 17, 1997
i
TO: Curtis E. Hawk, City Manager
FROM: Kim Lenoir, Director of Parks and Recreation
i
SUBJECT: Ordinance No. 683, 2nd reading, Sidewalk Ordinance
Attached is the revised draft of the sidewalk ordinance written by the attorney given Council's
input at the first reading. Wayne Olsen's letter describes the modifications he made to the
ordinance. He mainly changed the format from a separate policy to become a part of the
Subdivision Ordinance. As written, the only exemption to the sidewalk requirements are for
platted single lots.
In accordance with Council's instruction, a meeting was held Thursday, October 16, to receive
feedback from developers concerning the sidewalk ordinance. The following developers were
present: Kosse Maykus, Bobby Harrell, Tom Matthews, Richard Myers, Dale Clark, Steve Yetts
and Kim Perry (Landscape Architect for Timarron). Ronnie Kendall was present representing
the Park Board and City staff present included Ron Harper, Chris Carpenter and Kim Lenoir.
The meeting was very well received by all in attendance.
The main points that the developers wanted to make are as follows:
=:> The tree ordinance and sidewalk ordinance may conflict, variance language should be added.
=> The sidewalk ordinance, as written, with sidewalks required on both sides of the road will
give a very "tract housing look," "grid look," "Plano look," and/or "suburban look," instead
of the "rural atmosphere look"that they hear people want and like about Southlake.
=> Developers would not put in bar ditch development to avoid putting in sidewalks.
=> Many bar ditch areas could still support a sidewalk due the large ROW requirements for bar
ditch sections. Again, variances may need to be considered where the terrain and large
ditches would not support sidewalks without the major expense of retaining walls, etc.
=> Council and P&Z are unwilling to grant variances, may need other options. j
The developers suggested that a "sidewalk master plan" be submitted during the concept
phase and that sidewalks may be required only on one side of the roadway, as an alternative
to strict requirements in ordinance form.
Sidewalks or trails on thoroughfares should only be required in accordance with the Trail
System Master Plan, not on all collectors and thoroughfares.
=> One developer recommended escrowing funds for sidewalks on perimeter streets, to avoid
sidewalks/trails being constructed that do not go anywhere.
i
I
7B-1
I
City of Southlake,Texas
=> One developer would like to see credits from park development fees or roadway impact fees,
if they build sidewalk/trails for non-residential projects.
=> Some cul-de-sacs (300 ft or less) may not need to require sidewalks
Sidewalks should be within 1500 ft of school boundaries. Sidewalks are safer on the side of
the road closer to the school instead of both sides of the road.
In summary, the developers present were not against the sidewalk ordinance and appreciated the
opportunity to provide their input.
The developers and staff agree that a stand-alone ordinance does not allow for much flexibility
and promotes an incremental approach rather than a comprehensive one and does not allow for
creativity or options considering the various terrain and developments throughout the City. The
council may want to consider requiring a "sidewalk master plan" approach during the concept
phase.
Please add to the October 7 City Council agenda the second reading of the Sidewalk
Ordinance.
If you have any questions please contact me at 481-5581, extension 757.
KL
Attachment: Sidewalk Ordinance and letter by City Attorney
7B-2
TAYLOR, OLSON, ADKINS, SRALL.A & ELAM, L.L.P.
ATTORNEYS AT LAW
j00 THROCK.NIORTON STREET TELEPHONE(817)332-2590
3400 BANK ONE TOWER FAX(817)3324740
FORT NORTH.TEXAS 76102-3821
WAYNE K. OLSON
October 15, 1997
VIA FAX AIND REGULAR MAIL
Ms. Kim Lenoir
City of Southlake
1725 E. 1709
Southlake, Texas 76092
Re: Sidewalk Ordinance No. 683
Dear Kim:
Please find enclosed a revised draft of Ordinance No. 683 which adopts requirements
for the installation of sidewalks. As we discussed at the last council meeting, I have put this
ordinance in a new format to adopt the sidewalk regulations as an amendment to the
Subdivision Ordinance, rather than simply as a policy. You had expressed some concerns
about making this a part of the Subdivision Ordinance because of the statutory requirements
for a public hearing and ordinance adoption in the event that the policy is desired to be
changed. It is my opinion that these same requirements would have to be adhered to even
if the sidewalk regulations were adopted as a policy. In order to enforce these regulations
and apply the prescribed penalties, they would need to be amended by ordinance. The city's
charter requires that all ordinances be adopted after a public hearing.
Other than reformatting, I have only made a few substantive changes to the
ordinance. Section 5.06B provides the general requirements for installation of sidewalks in
new residential subdivisions. I have attempted to express what I understood to be the intent
of the city council in this regard. I would appreciate you looking at this provision to see if
you agree.
Paragraph C, Sidewalk Specifications, remains virtually unchanged from the draft
submitted to the city council. You will note that I have left Paragraph C(1) substantially as
proposed, which requires that sidewalks be at least four feet (4') wide or in conformance
with the Master Trail Plan, which ever is greater. As Debra Drayovitch and I have discussed
Q.,.\rilcs\slakc\letters\lenoir.002
7.9-3
Ms. Kim Lenoir
October 15. 1997
Paae 2
in the past. there will likely be situations that arise where a dedication and construction of
a sidewalk in excess of four feet (4') would be considered excessive for a particular
development. Cruder these circumstances, the planning and zoning commission will need to
consider granting a variance in accordance with Section 9.01 of the Subdivision Ordinance.
The city must be able to articulate a rough proportionality between the need for a wider
sidewalk under the Master Trail Plan and the demand being placed upon the city by the
particular development being platted.
Paragraph D,Maintenance, makes it the responsibility of the abutting property owner
to keep the sidewalks in a state of repair. I have added procedures to this paragraph to
allow the city to place a lien on the adjacent property in the event that the city is required
to make the repairs. The proposed language provides for the hearing to be held before the
city council. This can be changed to have the hearing held before another board or
individual, should you desire.
Please remember that a lien may not be placed on homestead property. Therefore,
the assessment provisions of Paragraph D can only be used in limited circumstances.
If you have any questions regarding this matter, please let me know.
Very truly yours,
W le-
Wayne K. Olson
WKO/kb
cc: Mr. Curtis Hawk
City of Southlake
1725 E. 1709
Southlake, Texas 76092
Ms. Debra Drayovitch
Taylor, Olson, Adkins, Sralla & Elam, L.L.P.
78- �
f.\files\slake\letters\lenoir.002
ORDINANCE NO. 683
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE
CITY OF SOUTHLAKE, TEXAS BY ADOPTING REQUIREMENTS FOR
THE INSTALLATION OF SIDEWALKS; PROVIDING FOR THE DESIGN,
CONSTRUCTION, AND MAINTENANCE OF SIDEWALKS; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; 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, the City Council deems that it is necessary to adopt a sidewalk ordinance
to require the construction of sidewalks under certain design and construction standards in
of the City and the public in
--order to promote the health, safety and welfare of the citizensty p
general.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
Section 1.04 of the Subdivision Ordinance of the City of Southlake is amended by
adding the following definition:
SIDEWALK: A paved area intended for the use of pedestrians and located
in a street right-of-way between the curb lines or the edge of pavement of the
roadway and the adjacent property lines.
f.\files\slake\ordinanc\sidewalk(10-15-97) Page 1
7i3. �
SECTION 2.
The Subdivision Ordinance of the City of Southlake is hereby amended by adding a
new Section 5.06 to read as follows:
"Section 5.06 Sidewalks:
A. GENERAL PROVISIONS. The purpose of this section is to provide for the
orderly, safe and healthful construction of sidewalks within the City and to promote the
health, safety and general welfare of the community. In order to carry out these purposes,
it is hereby declared to be the policy of the City to guide and regulate sidewalk construction
within the City.
B. REQUIREMENTS
1. General Requirements. Any new development in this city shall provide
for the location and construction of sidewalks as provided in this section. This shall include
the dedication of necessary right-of-way and the construction of sidewalks according to the
specifications provided herein.
2. Residential Requirements.
a. Sidewalks shall be required in all residential subdivisions platted
after the effective date of this ordinance. Sidewalks shall be
constructed along each street adjacent to a platted lot. A
residential lot that is platted as a single lot of record is exempt
from this requirement unless:
i. Sidewalks are existing on both sides of the lot; or
ii. The lot is located within 1,500 feet of a public or private
elementary or secondary school.
b. The developer or builder of a residential subdivision platted
after the effective date of this ordinance, shall install sidewalks
on the development side of all arterial and collector streets (as
defined by the Master Thoroughfare Plan) within or adjoining
the subdivision.
f:\files\slake\ordinanc\sidewalk(10-15-97) Page 2
7��
C. Each owner/home builder with a residential subdivision platted
after the effective date of this ordinance shall construct
sidewalks at the time of construction of the house. In those
circumstances where a sidewalk would impact the construction
of driveways and access walks, the sidewalks shall be
constructed before the final building inspection by the City. A
certificate of occupancy will not be issued until required
sidewalks are in place.
3. Non-residential Requirements. Sidewalks shall be required on all non-
residential properties platted after the effective date of this ordinance. Sidewalks shall be
constructed along each street adjacent to a platted lot.
C. SIDEWALK SPECIFICATIONS
1. Sidewalk Locations: All sidewalks shall be at least four feet wide or in
conformance with the Master Trail Plan, whichever is greater, and shall be located between
the curb or grade line of the public street and the ROW line, no closer than two (2) feet to
the curb or grade line. The City Engineer or Building Official may alter alignment so that
the sidewalk meanders within the area between the curb and right-of-way line.
2. Construction Specifications:
a. Concrete Requirements: Concrete for sidewalks shall have a
minimum compressive strength of three thousand (3,000) psi at
twenty-eight (28) days. The quantity of mixing water shall not
exceed six and one-half(61/2) U.S. gallons per sack (ninety-four
(94) lbs.) of Portland cement. The Slump of the concrete shall
not exceed four (4) inches. A minimum content of five (5)
sacks of cement per cubic yard of concrete is required.
Sidewalks shall be at least four (4) inches thick.
b. Reinforcement: Sidewalks shall be reinforced with No. 6 gauge
6X6 steel mesh or 3/8 inch No. 3 bars set on 24-inch centers.
C. Expansion and Control Joints: One-half-inch premolded
bituminous expansion joints with No. 4 (1/2-inch nominal
diameter) smooth dowels shall be spaced at twenty-foot
intervals. Where new work abuts driveways,pavement, curbs or
any other work, expansion joints shall be filled with premolded
Le
f:\riles\slake\ordinanc\sidewalk(10-15-97) Page 3
741,�?- 7
bituminous expansion joint filler or redwood at least one-inch
nominal thickness and shall extend six 96) inches deep and the
entire width of the concrete sections. Sidewalk control joints
shall be grooved three-eights (3/8) inch deep on four-foot
centers. Bars used in this joint shall be greased to allow for the
movement of concrete on the bars. The bars shall be smooth
three-eighth 3/8 inch No. 3 bars minimum. No deformed bars
shall be allowed.
d. Sidewalk Finishes: The surface of the sidewalk shall have a
monolithic broom finish. In no case shall the surface be left
slick or with a glossy finish. the edges of the sidewalk control
joints and expansion joints shall be tooled to a smooth finish not
less than two (2) inches in width. Exposed edges of the
sidewalk shall be rounded with an edger to a radius of one-half
(1/2) inch.
e. Fire Hydrant Locations: Where a sidewalk is to be constructed
and a fire hydrant would be within the forms, the forms shall
curve around the fire hydrant. A transition of 10 feet is
required in and out of curved areas.
f. Service and Meter Boxes: Where a sidewalk is to be built and
a water meter box would be within the forms a precast,
concrete box shall replace the plastic box. This box shall have
a hinged metal lid and be set at an elevation that will be equal
to the finish grade of the sidewalk. If the builder so chooses,
the builder may move the water meter box outside the forms at
the builders expense.
g. Drainage: All sidewalks shall be built at an elevation that will
not impede or be otherwise detrimental to proper lot drainage.
3. Wheel-Chair Access Ramps
a. Location: A wheel-chair access ramp shall be provided at any
point a proposed sidewalk intersects the city street with the
exception of walks leading from the street to the door of a
residence. Access ramps will be constructed with expansion
f:\files\slake\ordinanc\sidewalk(10-15-97) Page 4
7.9- 1
material between the street and ramp and a maximum of 1/2
inch wide material shall be installed flush with the finish grade.
b. Grade: Care shall be taken to ensure a uniform grade on the
ramp, free of sags and short grades. Access ramps shall be built
to grades no greater than 1 ft. of fall per 12 feet in length.
C. Surface Finish: Surface texture of the ramp shall be obtained
by coarse brooming, perpendicular to the slope of the ramp.
d. Curb and Gutter: The normal gutter line shall be maintained
through the area of the ramp. Curb cuts for ramps shall be
located as shown on plans or as directed by the City Engineer.
D. MAINTENANCE
1. Maintenance of Sidewalks.
a. It shall be the duty and obligation of all owners, occupants and
users of real property abutting upon sidewalks in the city, at
their own cost and expense, to maintain and keep the sidewalks
bordering their property, level and free of depressions,
excavations, elevations, inequalities, obstacles, obstructions or
encroachments, natural or artificial, above or below ground
level, or which overlap, impinge upon or appropriate any part
of the sidewalk area or the space eight (8) feet above it.
b. Any damage done to a sidewalk by the City or a City hired
contractor shall be repaired by the City or contractor.
C. Any damage done to a sidewalk by a franchised utility shall be
repaired by the franchised utility.
2. Inspection
a. When the city determines that any section of sidewalk requires
repairs or maintenance, a letter describing the necessary repairs
will be sent to the adjacent property owner. The letter shall be
given:
f.\files\slake\ordinanc\sidewalk(10-15-97) Page 5
i. Personally to the owner in writing; or
ii. By regular or certified mail to the owner's post office
address; or
iii. If the letter cannot be delivered by personal service or
by regular or certified mail, by publication in the official
newspaper at least twice within ten (10) consecutive
days.
b. The property owner shall have 30 days from receipt of letter in
Subsection a above to make the necessary repairs. If weather
conditions or other extenuating circumstances dictate, this 30
day period may be extended by the Director of Public Works,
provided that the property owner has contacted the Public
Works Department with a plan for repairs.
C. Any repairs that are not performed by the property owner, and
which are determined to be hazardous to pedestrians or other
users of the sidewalk, may be performed by the city or a city
hired contractor. After completion of repairs, the city shall send
C, the adjacent property owner a notice which shall include:
i. identification of the property;
ii. a description of the violation;
iii. a statement that the city made the necessary repairs;
iv. a statement of the city's charges and expenses in making
the repairs;
V. an explanation of the property owner's right to request
a hearing within 10 (ten) days from receipt of the notice;
and
A. a statement that if the owner fails or refuses to pay the
expenses within thirty (30) days from receipt of the
notice, the mayor or his designee shall obtain alien
Page 6
f:\files\slake\ordinanc\sidewalk(10-15-97) /^/�
against the property by filing with the county clerk a
notice of lien and statement of expenses incurred.
d. The notice shall be given in the manner as provided in
Subsection a above.
e. The property owner may, within ten (10) days from receipt of
the notice in Subsection c above, file a written request for a
hearing before the city council in order to contest the amount
or validity of such costs. Upon receipt of a timely request, a
hearing will be scheduled before the city council. At the
hearing, the city council shall determine whether the charges are
reasonable and were properly assessed.
f. If no hearing is requested, or if a hearing is held and the
charges are determined to be valid, and the property owner fails
or refuses to pay such charges within thirty (30) days from
receipt of the notice to pay, the city council may assess the costs
incurred against the adjacent property, whereupon the mayor
shall file a notice of lien and statement with the county clerk of
the costs incurred for the repair of the sidewalk and the city
shall have a privileged lien on the property second only to tax
liens and liens for street improvements. The notice of lien shall
state the name of the owner if known, and the legal description
of the property. Said privileged lien shall bear interest at the
rate of ten percent (10%) per annum from the date the work
was performed or payment therefor was made by the city.
g. For any such costs and interest as aforesaid suit may be
instituted and foreclosure had in the name of the city. Any
statement so filed or a certified copy thereof, shall be prima
facia proof of the amounts expended for any such work and
repairs."
SECTION 3.
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
t:\riles\stake\ordinanc\sidewalk(10-15-97) Page 7
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 4.
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,
(we paragraph or section.
SECTION 5.
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 or the
Subdivision Ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each
offense. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 483, as amended, or any other ordinances
f:\files\slake\ordinanc\sidewalk(10-15-97) Page 8
governing the installation of sidewalks which have accrued at the time of the effective date
of this ordinance; and, as to such accrued ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 7.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this
ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture
for any violation of any of its provisions, then the City Secretary shall additionally publish
this ordinance or its caption and penalty in the official City newspaper one time within ten
days after final passage of this ordinance, as required by Section 3.13 of the Charter of the
City of Southlake.
SECTION 8.
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.
f:\rtles\slake\ordinanc\sidewalk(10-15-97) Page 9
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
199_.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 199_.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney
f:\files\slake\ordinanc\sidewalk(10-15-97) Page 10
City of Southlake,Texas
STAFF REPORT
October 17, 1997
CASE NO: ZA 97-118 PROJECT: Second Reading / Ordinance No. 480-260
Rezoning and Concept Plan - Senior Center
STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743
Dennis Killough, Planner II, 481-5581, ext. 787
REQUESTED ACTION: Zoning Change on property legally described as being approximately
14.772 acres situated in the Obediah W. Knight Survey,Abstract No.
899. A Concept Plan for a Senior Center will be considered with this
request.
LOCATION: South of East Southlake Boulevard(F.M. 1709),west and adjacent to
Byron Nelson Parkway, and approximately 1,400' east of South
White Chapel Bouelvard.
OWNER/APPLICANT: City of Southlake
CURRENT ZONING: "R-P.U.D." Residential Planned Unit Development and "AG"
Agricultural District
REQUESTED ZONING: "CS" Community Service District
LAND USE CATEGORIES: Low Density Residential,Medium Density Residential,and 100 Year
Flood Plain
CORRIDOR
RECOMMENDATION: Residential
NO. NOTICES SENT: Seven(7)
RESPONSES: None
P&Z ACTION: September 4, 1997; Approved(6-0) at the applicant's request to table
and to continue the Public Hearing to the September 18, 1997,
Planning and Zoning Commission meeting.
September 18, 1997;Approved(7-0)subject to Concept Plan Review
Summary No. 1, dated .September 12, 1997, deleting Item #2
(bufferyards) until further development of the site.
-7C . I
` City of Southlake,Texas
COUNCIL ACTION: October 7, 1997; Approved(7-0)on consent subject to Concept Plan
Review Summary No. 2, dated October 3, 1997.
STAFF COMMENTS: The applicant has met all items in Concept Plan Review Summary
No. 1,dated August 29, 1997, with the exception of the items in the
attached Concept Plan Review Summary No. 2, dated October 3,
1997.
L:\WP-FILES\MEMO\97CASES\97-118ZC.WPD
n
-7 v-2-
City of Southlake,Texas
i
MEMORANDUM
August 25, 1997
TO: Greg Last, Community Development Director
FROM: Shelli Siemer, Community Services Coordinator
SUBJECT: Senior/Adult Activity Center - Eubank's House Renovation
The City of Southlake is working with the Senior Advisory Commission to renovate the
former Eubank's House into a Senior/Adult Activity Center. The house is located on the 14.7
acres of land the city owns on the southwest corner of Southlake Boulevard and Byron Nelson
Parkway. This property was once a proposed location for the municipal complex.
After renovation work on the house, the facility will be used primarily as a senior center. It
will also provide a much needed meeting facility for other Southlake organizations. The
center will allow the city to offer a wider variety of programs and activities for the
community's senior citizens including educational, cultural and social programs, exercise
classes, special trips and a variety of games and crafts. Most importantly, this center will
provide a place of fellowship for senior citizens of Southlake to socialize with their peers.
This house will be a temporary facility for the seniors program, because the seniors program is
expected to grow beyond the capacity of the house which will require a larger facility. The
City plans to use the facility as a Senior/Adult Activity Center for approximately 3-5 years.
The city will continue to use the facility`for meetings or office space when the seniors vacate
the center, or until the property is used for another purpose.
It is important to note that this project is being conducted on very limited funds. The costs
associated with this renovation project will exceed the $50,000 allocated from the Southlake
Parks Development Corporation. In order to complete the project, volunteers and donations of
materials will be necessary. Therefore, the success of this renovation project is contingent
upon involving the entire community. The project will begin on October 25, a national
volunteer day focused on improving the community entitled Make A Difference Day.
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City of Southlake,Texas
CONCEPT PLAN REVIEW SUMMARY
ease No: ZA 97-118 Review No: Two Date of Review:10/03/97
Project Name: Concept Plan for CS Zoning Request for the City of Southlake Municipal Com In ex
APPLICANT: ENGINEER:
City of Southlake Cheatham&Associates
667 N. Carroll Avenue 1601 E. Tamar Boulevard. Suite 200
Southlake.Texas 76092 Arlo on_Texas 76011
Phone: ($12)481-5581 Phone:(812) 548-0696
Fax: (817)488-6796 Fax. (812)265-8532 Attn: Gordon Johns
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/22/97 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS
OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787.
1. A 19 Type'B'Bufferyard is required along the north property line adjacent to the Edwards tracts and
a 10'`Type'E'is required adjacent to Byron Nelson Parkway. (The applicant has requested a waiver
of these requirements until further development of the site) (P&ZAction 9118197. delete)
P&ZACTION.• September 4, 1997,Approved(6-0) at the applicant's request to table and to continue the
ublic Hearing to the September 18, 1997, Planning and Zoning Commission meeting.
September 18, 1997,Approved(7-0) subject to Concept Plan Review Summary No. 1, dated September 12,
1997, deleting Item #2 (bufferyards) until further development of the site.
* Denotes Informational Comment
cc: Cheatham&Assoc.
City of Southlake- Shelli Siemer, Shawn Poe
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-260
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 j
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 1
APPROXIMATELY 14.772 ACRES SITUATED IN THE
OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899. AND i
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT j
"A" FROM "R-P.U.D." RESIDENTIAL PLANNED UNIT
DEVELOPMENT AND "AG" AGRICULTURAL DISTRICT TO
"CS" COMMUNITY SERVICE DISTRICT, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE;PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
(aloe PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
REQUESTED ZONING:
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS,the hereinafter described property is currently zoned as"R-P.U.D."Residential
Planned Unit Development and "AG" Agricultural District under the City's Comprehensive Zoning
Ordinance; and
WHEREAS,a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
L:\CTYDOCS\ORD\CASES\430-260.W PD
Page 1 C
WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location, lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population,and effect on transportation,water, sewerage, schools,parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the view
to conserve the value of the buildings,and encourage the most appropriate use of the land throughout
this City; and,
WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments,and that the zoning changes do not unreasonably invade the rights of those
(W who bought or improved property with reference to the classification which existed at the time their
original investment was made; and,
WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire,panic, and other dangers,
promotes the health and the general welfare, provides adequate light and air, prevents the over-
crowding of land, avoids undue concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools,parks and other public requirements; and,
WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there has been
a change in the conditions of the property surrounding and in close proximity to the tract or tracts
of land requested for a change since the tract or tracts of land were originally classified and therefore
feels that the respective changes in zoning classification for the tract or tracts of land are needed,are
called for, and are in the best interest of the public at large, the citizens of the city of Southlake,
Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City
of Southlake,Texas,passed on the 19th day of September, 1989, as originally adopted and amended,
is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed
L:\CTYDOCS\ORD\CASES\430-260.WPD
Page 2 "1 C_ 10
and amended as shown and described below:
Being approximately 14.772 acres situated in the Obediah W. Knight g Survey,
Abstract No. 899 and more fully and completely described in Exhibit "A" attached
hereto and incorporated herein, from "R-P.U.D." Residential Planned Unit
Development and "AG" Agricultural District to"CS" Community Service District ,
as depicted on the approved Concept Plan attached hereto and incorporated herein
as Exhibit`B".
Section 2. That the City Manager is hereby directed to correct the Official Zoning map
of the City of Southlake, Texas,to reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or tracts of land herein above
described shall be subject to all the applicable regulations contained in said Zoning Ordinance and
all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections,
subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not
amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
Section 4. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed,with respect to both present
conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen
congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to
avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water,parks and other commercial needs and development
of the community. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the City of
Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are in direct conflict with the
provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid,the same shall not affect the validity of the zoning
of the balance of said tract or tracts of land described herein.
Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
Section 8. All rights and remedies of the City of Southlake are expressly saved as to any
L:\CTYDOCS\ORD\CASES\480-260.W PD
Page 3 ^/C -( '
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 11997.
MAYOR
,r ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of 91997.
MAYOR
L:\CTYDOCS\ORD\CASES\480-260.WPD
Page 4 �//�
i
3
ATTEST: #
CITY SECRETARY
I
EFFECTIVE:
a
APPROVED AS TO FORM AND LEGALITY:
j
CITY ATTORNEY
L:\CTYDOCS\ORD\CASES\480-260.WPD
Page 5 A r3
EXHIBIT "A"
TRACT DESCRIPTION
_ING A 14.772 ACRE TRACT OF LAND SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT
0. 899. IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS' AND BEING A PORTION OF THAT
ZRTAIN 10.4043 ACRE TRACT OF LAND DESCRIBED IN DEED TO TIMARRON AND CORP.
7ORMERLY BEAR CREEK COMMUNITIES, INC.) AS RECORDED IN VOLUME 9823, PAGE 1078 ALSO
SING A PORTION OF THAT CERTAIN 35.909 ACRE TRACT OF AND DESCRIBED IN DEED TO
MARRON LAND CORP. (FORMERLY BEAR CREEK COMMUNITIES, INC.) AS RECORDED IN VOLUME
827, PAGE 917 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE
ARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
=GINNING AT A 5/8" CAPPED "CARTER & BURGESS" FOUND FOR CORNER, BEING AT THE
ITERSECTION OF THE WEST LINE OF SAID 10.4043 ACRE TRACT WITH THE SOUTH RIGHT-OF-
'AY LINE OF SOUTHLAKE BOULEVARD;
-IENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5824.58 FEET, A DELTA ANGLE OF
J535'34", A LONG CHORD THAT BEARS S84548'59"E A DISTANCE OF 60.26 FEET, AN ARC DISTANC
60.26 FEET TO A POINT FOR CORNER;
FENCE S00505'28"E, A DISTANCE OF 291.11 FEET TO A POINT FOR CORNER;
FENCE N89545'29"E, A DISTANCE OF 1,002.63 FEET TO A POINT FOR CORNER;
1E 500510'06"W, A DISTANCE OF 94.44 FEET TO A POINT FOR CORNER;
iENC ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 955.00 FEET, A DELTA ANGLE OF
0552'17", A LONG CHORD THAT BEARS S20535'33"W A DISTANCE OF 666.89 FEET, AN ARC
;STANCE OF 681.24 FEET TO A POINT FOR CORNER;
FENCE N47528'21"W, A DISTANCE OF 33.79 FEET TO A POINT FOR CORNER;
-IENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 275.00 FEET, A DELTA ANGLE OF
1558'03", A LONG CHORD THAT BEARS N68527'19"W, A DISTANCE OF 196.96 FEET, AN ARC
(STANCE OF 201.43 FEET TO A POINT FOR CORNER;
FENCE N89526'21"W, A DISTANCE OF 197.98 FEET TO A POINT FOR CORNER;
HENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 375.00 FEET, A DELTA ANGLE OF
8537'33", A LONG CHORD THAT BEARS N70507'34"W, A DISTANCE OF 248.05 FEET, AN ARC
!STANCE OF 252.81 FEET TO A POINT FOR CORNER;
FENCE S39511'13"W, A DISTANCE OF 52.69 FEET TO A POINT FOR CORNER;
HENCE N89544'47"W, A DISTANCE OF 153.24 FEET TO A POINT FOR CORNER;
-4ENCE N00505'28"W, A DISTANCE OF 869.76 FEET TO THE POINT OF BEGINNING, AND CONTAINING
4.772 ACRES OF LAND, MORE OR LESS.
c
L lCTYDOCS',ORD`CASES\480-'_60.WPD
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L:ICTYDOC S\O RD\C A S E S',4 3 0-2 60.A'P D
Page 7 r
City of Southlake,Texas
MEMORANDUM
October 16, 1997
TO: Curtis E. Hawk, 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.
If you have questions, please feel free to contact Deputy Director Wilson or myself.
BC/bls
Attachments
7D-1
City of Southlake,Texas
l
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
I
i
7D-2
OPTION A
[Page 1-33. Section 1003.2.21 item#5 is changed and items#6,#7 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 Buildine Code, that is located 55 feet(16 764
mm)or more above the lowest level of fire department vehicle access.
EXCEPTIONS: EF61
? Open parking structures.
3. GF8HP F.DiViSieH
6. HiLh-Piled Combustible Storage For any building with a clear height exceedine 15 see '
Section 8101.
7. Sprav Booths and Rooms. New and existing sarav booths and spraying rooms shall be
protected by an approved automatic fire-extinguishing,systerr.
RE4SO.V: These changes are necessan• to make the Uniform Fire Code compatible with
recommended amendments to the Uniform Building Code and to ensure sprinkler requirements match
ime fire n;iiring capabilities of individual municipalities.
.I
I
OPTION B
li
[Pa .-_:. Se:-,ion ;re)1!=� IS rr UIIC:=` are Ui!(it'Ci iC, 1•t'ttl:U.1
.i01101:s:
I i
I i
1003 Fire Extinguishing,Systems
1003.2 Required Installations.
1003.2.2 All occupancies except Group R. Division 3 and Group U occupancies.
j 5. Throughout all buildings with a floor level. other than penthouses in compliance with j
Section 1511 of the Building Code. ki-kh afl • lead Of'@ OF Ffiffe that is located 'A 16
i�35 feet(10 68S mm)or more above the lowest level of fire department vehicle access.` f
j
EXCEPTIONS: 1. AiF eRt eAtfa1taV-aH-
Open parking structures.
- r
I
6. Hieh-Piled Combustible Storage. For any building with a clear height exceL-d1n2 15' See j
Section CIn]. I I
' I t
i
7. Sprav Booths and Rooms. New and existing spray booths and spra%-ino rooms shall be
protected by an approved automatic tire-extinguishing system.;
i
8. Buildings Over 6.000 s4.ft. An automatic sprinkler system shall be installed throuJhout all
buildings over 6.noo sa.ft. I
I
REASON: Thc!se crUl) r.i are 1)ecessJ/� to nwke the Uniform Fire Code Compatible -itn
reCUnlmenL:ed mel;ts 'o :he 5':!lldinl, Code anci to ensure sprinkler requirements Inarch,
e ,-ire jl,i)'n,cupubiliries qr indivic:uai mur,icioulities.
7D-a
ORDINANCE NO. 572-A
AN ORDINANCE AMENDING ORDINANCE NO. 572,THE FIRE 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:
Section 1. That Section 10.507 of EXHIBIT "A" of Ordinance No. 572, the Fire Code of the City
in the introductory sentence of
of Southlake, is amended by deleting Subsections (d)and(e), amending ry
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.
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
iD-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 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 , 1997.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
7D-S
City of Southlake, Texas
MEMORANDUM
October 16, 1997
TO: Curtis E. Hawk, 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.
l
BC/bls
Attachments
7E-1
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
i
i
7E-?
OPTION A
[Page 1-33. Section 1003.2.21 item#5 is changed and items#6,#7 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 '
2 Open parking structures.
3. GFeul
6. High-Piled Combustible Storage For any building with a clear height exceeding 15' see
Section 8101.
7. Sorav Booths and Rooms New and existing sarav booths and soravine rooms shall be
protected by an approved automatic fire-extinguishing system
REASON': These changes are necessary to make the Uniform Fire Code compatible with
recommended mnendments to the Uniform Building Code and to ensure sprinkler requirements match I
the fire nghtin2 capabilities of individual municipalities.
1
OPTION B
i [Pa_: '. �. Se�tion 100 .=.,1 ;rent=�i�sitar, e,i Lur,i items=h. r7 and;:)are uci(leci to read u.i
tollol;
1003 Fire Extinguishin;S}stems
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. wii that is located Sj fi?aE '6 764
ffifa4 35 feet i 10 6SS mm)or more abos.e the lowest level of fire department vehicle access. i
i
EXCEPTION&: 1. Ai ffeR . ,1 • I
Open parking structures.
_. _
i
6. Hi,h-Piled Combustible Storage. For any building %viih a clear height exceeding 1 i' see �
Section WE
E
i
7. Sorav Booths and Rooms. Nev.- and existing spray booths and soruvinJ rooms shall be 1
protected by an approved automatic fire-ertinguishine system
I
8. Buildines Over 6.000 sq.ft. An automatic sprinkler system shall be installed throughout all �
buildings ovtr 6.000 sort. i
i
REASON These charges are necessary to make the Uniform Fire Co[ e computible uiril
reCir111niel?u d ame!%;Pel'T� ro :'le L17ror/1t Buildin Code and io em? are .sprinkler requirements MarG1
ne,tir•eI/,rTrin,cupubiiiries o'indiyiduul municipaliries.
�E-3
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:
Section 1. That Section 904.2.2 of the 1994 Uniform Building Code, City of Southlake, is
sentence and adding Subsection 6 with exception to read as follows:
amended by amending the introductory g P
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
7E-4
repealed.
Section 4. Severability Clause. It is hereby declared to be the intention of the City Council that
h are severable and if an phrase, clause sentence
the phrases,clauses, sentences, paragraphs, sections a s y p ,
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 , 1997.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
7E-5
t City of Southlake,Texas
i
MEMORANDUM
October 16, 1997
TO: Curtis E. Hawk, City Manager
FROM: Ronald J. Harper, City Engineer
SUBJECT: Ordinance No. 687, 2nd reading designating East Highland Street between the
800-1100 block as a two-way street and repealing Ordinance No. 370
BACKGROUND
The City has received resident requests through elected officials to change East Highland between
North Carroll and State Highway 114 from one-way to two-way. The attached ordinance will
repeal Ordinance No. 370, approved on October 6, 1987, which designated this section of East
Highland as one-way.
Upon approval of this Ordinance, the Public Works Department will perform the following tasks:
1. Paint a yellow center line along East Highland from North Carroll to State Highway
114.
2. Remove all existing signs that indicate one way traffic.
3. Install at both ends of this section of East Highland, signs designating two way
traffic (per requirements of Texas Manual of Uniform Traffic Control Devices).
4. Additional two-way directional signs will be installed along this section of East
Highland at two intermediate locations.
5. For a period of at least 6 months, additional signs stating "TWO WAY TRAFFIC
AHEAD" will be installed in order to remind motorists of the new travel
conditions.
Public Works and Public Safety are in support of this change.
7F-1
MEMORANDUM
CURTIS E. HAWK
ORDINANCE NO. 687
OCTOBER 16, 1997
PAGE 2
(RECOMMENDATION)
Staff recommends that this second reading be placed on the regular City Council Meeting Agenda
Zdfor 97 for the required public hearing.
s
attachment: Ordinance No. 687
M:\W P-FILX"EM=1"7WMGNUN.MEM
1
7F-2
ORDINANCE NO. 687
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, DESIGNATING EAST HIGHLAND STREET
BETWEEN THE 800-1100 BLOCK OF EAST HIGHLAND AS A TWO-WAY
STREET; PROVIDING FOR THE POSTING OF SIGNS; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; REPEALING ORDINANCE NO 370; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Southlake is authorized under Section
1.11 of the Charter of the City of Southlake, and under Section 311.001 of the the Texas
Transportation Code to adopt local traffic regulations with respect to street and highways
under its jurisdiction; and
WHEREAS, the City Council hereby finds that the designation of E. Highland
between the 800-1100 block as a two-way street is necessary for the promotion of the health,
safety, and welfare of the City and its citizens.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, THAT:
Section 1. All of the above premises are found to be true and correct and are
incorporated into the body of this Ordinance as if copied in their entirety.
Section 2. The section of E. Highland between the 800-1110 Block of said street
(between S.H. 114 and N. Carroll Ave.) shall be hereby designated a two-way street.
Section 3. The Director of Public Works shall be hereby directed to provide the
proper markings and to erect the appropriate signs and/or traffic control devices as adopted
by the Texas Manual on Traffic Control Devices.
Section 4. The City Secretary of the City of Southlake is hereby direct 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 provision, 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.
f:\riles\slake\ordinanc\highland.st(10-13-97) Page 1
7F-3
Section 5. This ordinance shall be cumulative of all provisions of ordinances of the
City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed. Ordinance No. 370 is hereby repealed.
Section 6. It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
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 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 Hundred Dollars ($200.00) for each offense.
Each day that a violation is permitted to exist shall constitute a separate offense.
Section 8. All rights and remedies of the City of Southlake are expressly saved as
to any and all violations of the provisions of Ordinance No. 370 or any other ordinances
regulating traffic 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. This ordinance shall be in full force and effect from and after its
passage and publication as required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS 7th DAY OF
1997.
MAYOR
ATTEST:
CITY SECRETARY
L
f:\files\slake\ordinanc\highland.st(10-13-97) Page 2
7F-4
PASSED AND APPROVED ON SECOND .READING ON THIS 21st DAY OF
1997.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
d
City Attorney
f.\files\slake\ordinanc\highland.st(10-13-97) Page 3
7F-5
City of Southlake,Texas
STAFF REPORT
October 17, 1997
CASE NO: ZA 97-127 PROJECT: Revised Site Plan - Georgetown Park,Phase I1
STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787
REQUESTED ACTION: Revised Site Plan for Georgetown Park, Phase II, on property
legally described as Lot 1, Block 1, Georgetown Park, an addition
to the City of Southlake, Tarrant County, Texas according to the
plat recorded in Cabinet A, Slide 3434, Plat Records, Tarrant
County, Texas.
LOCATION: South side of East Southlake Boulevard (F.M. 1709) and
approximately 700' east of the intersection of South Kimball
Avenue and East Southlake Boulevard.
OWNER: Georgetown Monticello Partners, Ltd.
APPLICANT: Realty Capital Corporation
CURRENT ZONING: "C-2" Local Retail Commercial District
LAND USE CATEGORY: Mixed Use
CORRIDOR
RECOMMENDATION: Retail Commercial
NO.NOTICES SENT: Eleven(11)
RESPONSES: Two(2)responses were received within the 200' notification area:
• Gordon Nettleton, 2611 E. Southlake Boulevard,Southlake, in
favor.
• Liberty Bank, Stephen Ingram, President, 5801 Davis
Boulevard, Fort Worth, in favor.
P&Z ACTION: October 9, 1997; Approved (7-0) subject to Site Plan Review
Summary No. 1,dated October 3, 1997,waiving the bufferyards(at
this stage of construction) along the west, south and east property
lines, south of the construction area and accepting the articulation
as shown.
i
�G - f
City of Southlake,Texas
i
f
STAFF COMMENTS: The applicant has met all items in Site Plan Review Summary No.
1, dated October 3, 1997,with the exception of those items in the
attached Site Plan Review Summary No.2,dated October 17, 1997.
The purpose for this revision is to add an exterior stair case to the
Phase II building.
L:\WP-FILES\MEMO\97CASES\97-127SP.WPD {
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SITE PLAN REVIEW SUMMARY
'ase No.: ZA 97-427 Review No: Two Date of Review: 10/17/97
Project Name: Revised Site Plan Georgetown Park Phase II being 138 acres of Lot 1 Block 1,
Georgdoven. Park situated in the Thomas Easter Survey,Abstract No 474
APPLICANT: ENGINEER:
& C�W CQj=ration CnK Associates Inc
�a25.F Gn�thlake Blvd.. Suite 150 2045 . His my No. 360, Suite 160
Sol l&Q.—I c 76092 C`.ranri Prairie. Texas 75050
Phone•J$12.i; 1I 4200 Phone• (817) 640-0100
Fax: (,$1,_- 488,5 57 Attn: Richard Myers Fax: 812)633-3309 Attn: Khit
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON / 7 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787.
1. Provide required bufferyards along the perimeter lot lines. Required bufferyard types, lengths, and
plantings are as indicated on the calculation chart on the plan. The applicant proposes the following
variations due to existing vegetation:
(Previous C.C.Action 7/15/97: waive the bu�`eryards along the west, south and eastproperty lines,
south of the construction area) (P & Z Action 10109197: approve per previous City Council motion
made on 7115197)
East Bufferyard- a 5'Type A on both the east line of Lot 1 and the west line of proposed
Lot 2 reduced to 158' in length line (5' Type A on Lot 1 side, 417'
Required)
South Bufferyard- no bufferyard,due to existing natural vegetation(10'Type F1,6'wood
fence, 139' Required.
West Bufferyard - 10' Type B, reduced to 217' in length(10' Type B,417'Required)
2. Show, label, and dimension utility and drainage easements on and adjacent to the site. Additional
dedication of utility easement(s)may be required for water line extension and proposed fire hydrant
shown.
3. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.l.c.
on all facades. Compliance with the articulation requirements is as shown on the attached articulation
evaluation chart. (P& ZAction 10109197: allow as shown)
7G- (o
City of Southlake,Texas
P&ZACTION. October 9, 1997,Approved(7-0)subject to Site Plan Review Summary No. 1, dated October
3, 1997, waiving the bufferyards(at this stage of construction)along the west, south and east property lines,
uth of the construction area and accepting the articulation as shown.
PREVIOUS COUNCIL ACTION: July 15, 1997;Approved(7-0)subject to Site Plan Review Summary
No. 2 dated July 11, 1997,with the following amendments:
1) accept articulation as shown;
2) waive the bufferyards along the west, south and east property lines,south of the construction area.
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs. The applicant should be aware that only one monument sign and
one' ched sign per street frontage is allowed on the site. Any deviation will require a variance
approVed'by the City Council prior to the issuance of a permit.
* Protected trees cannot be removed outside of 12' from the proposed building without processing a
Tree Removal Permit or without approval by the Planning and Zoning Commission. Cuts or fills
greater than 4 inches within the limits of the critical root zone of protected trees are not permitted
unless adequate construction methods are approved by the Landscape Administrator.
* The applicant should be aware that if a more intensive professional use such as a medical/dental office
is placed within the site the required parking will increase and that prior to receiving a C.O. for any
building space all required parking must be in place.
It appears that this property lies within the 75 'LDN D/FW Regional Airport Overlay Zone will
require construction standards that meet requirements of the Airport Compatible Land Use Zoning
Ordinance No. 479.
* The applicant should be aware that prior to issuance of a building permit a fully corrected site plan,
landscape plan, irrigation plan, and building plans,must be submitted for approval and all required
fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter
Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees.
* All mechanical units and satellite dishes must be fully screened of view from F.M. 1709 and from
properties within 400' having residential zoning or a low or medium density residential Land Use
Designation.
* Denotes Informational Comment
att: Articulation Evaluation Chart
cc: Realty Capital Corporation
CnK Associates Inc.
L:\WP-F1LES\REV\97\97127SP2.WPD
I6r-7
Articulation Evaluation No.2
Case No.ZA 97-127 Date of Evaluation: 10/17/97
Revised Elevations for Georgetown Park Ph.II, Lot 1,Block 1 of Georgetown Park
eived 1"/"/97
rout
-facing.. North Wall ht.= 25
Horizontal articulation Vertical articulation
Required Provided Delta Okay? Required Provided Delta Okay?
Max.wall length 75 20 -73% Yes 75 22 -71% Yes
Min.artic.offset 4 4 0% •Yes 4 4 00/0 Yes
Min.artic.length 4 14 250% Yes 6 12 100% Yes
Rear-facing South Wall ht.= 10
Horizontal articulation Vertical articulation
Required Provided Delta Okay? Required Provided Delta Okay?
Max.wall length.. 30 30 0% Yes 30 30 0% Yes
Min.artic.offset 2 4 100% Yes 2 9 350% Yes
Min.artic. length 9 23 156% Yes 9 23- 156% Yes
Right-facing: West Wall ht.= 21
Horizontal articulation Vertical articulation
Required Provided Delta Okay? Required Provided Delta Okay?
Max.wall length 63 43 -32% Yes 63 26 -59% Yes
Min.artic.offset Wfinumm f ° 3 8 167% Yes
Min.artic. length 4 6 50% Yes 4 6 50% Yes
-facing: East Wall ht.= 21
Horizontal articulation Vertical articulation
Required Provided Delta Okay? Required Provided Delta Okay?
Max.wall length 63 20 -68% Yes 63 26 -59% Yes
Min.artic. offset 3 3 0% Yes 3 8 167% Yes
Min.artic. length 5 6 20% Yes 4 6 50% Yes
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STAFF REPORT
October 17, 1997
CASE NO: ZA 97-129 PROJECT: Revised Site Plan - Orthodontic Office for
Robert W. Gallagher.D.D.S..M.S.
STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787
REQUESTED ACTION: Revised Site Plan of Orthodontic Office for Robert W. Gallagher,
D.D.S., M.S., on property legally described as being Lot 12R1,
Block 2, Diamond Circle Estates, an addition to the City of
Southlake,Tarrant County,Texas,according to the plat recorded in
Cabinet A, Slide 3668,Plat Records, Tarrant County, Texas.
LOCATION: Northeast corner of the intersection of East Southlake Boulevard
(F.M. 1709) and Diamond Boulevard.
OWNER: Dr. Wallace Ryne, O.D.
APPLICANT: Robert W. Gallagher, D.D.S., M.S.
CURRENT ZONING: "C-2" Local Retail Commercial District
LAND USE CATEGORY: Mixed Use
CORRIDOR
RECOMMENDATION: Residential
NO. NOTICES SENT: Nine (9)
RESPONSES: One (1)response was received within the 200' notification area:
• Richard J. O'Day, 921 Emerald Boulevard, Southlake, Texas,
in favor. "With adequate, tasteful landscaping, this will be a
nice addition to Southlake. The fact that it is only one story is
wonderful!"
P&Z ACTION: October 9, 1997; Approved (7-0) subject to Site Plan Review
Summary No. 1, dated October 3, 1997, with the following
amendments:
- waiving the requirement for plantings in the east bufferyard,but
requiring the placement of the plantings elsewhere on the site
(Item#1);
(4w
� N- 1
City of Southlake,Texas
- deleting the second statement from Item#1 (Lot 12R1, Block 2,
East Bufferyard: Length=164, Canopy Trees=2, Accent
Trees=3, Shrubs=13);
- accepting the articulation as proposed and allowing the
applicant to bump the rear wall out approximately 1'; and
- waiving Item#3 (40' rear building setback).
STAFF COMMENTS: The purpose of this revised site plan is to consider the proposed
building elevations which were not submitted with the previously
approved site plan. The applicant has met all items in Site Plan
Review Summary No. 1,dated October 3, 1997,with the exception
of those items in the attached Site Plan Review Summary No. 2,
dated October 17, 1997.
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SITE PLAN REVIEW SUMMARY
i
base No.: ZA 97-129 Review No: Two Date of Review: 10/17/97
Project Name:Revised Site Plan Orthodontic Office for Dr. Robert W Gallagher DDS \MS Lot 12R1,
Block 2 Diamond Circle Estates Add
APPLICANT: ARCHITECT:
Dr. Robert w' Gallaaher DDS=MS Tenn R. Cunningham Architects
2400 SH 12 i Ste 406 1903 Central Drive Ste 401
Enlace Texas ,76039 Bedford.-Texas 76021 '
Phone: 817),355-1935 Phone• (817) 354-4289
Fax (8112) 521-9608 Fax
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT BUILDING ELEVATIONS RECEIVED BY THE CITY
ON 10/13/97 AND THE SITE PLAN RECEIVED 10/13/97 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.797.
1. Correct the required length and plantings shown in the calculation chart and provide the following
bufferyards: (Previous C.C.Action 7/15197. Waive requirement, but place required plantings elsewhere
on the site) (P&ZAction 10109197:Approved per previous C.C, motion on 7115197)
Lot 12R1,Block 2 East Bufferyard
Length= 140', Canopy Trees= 1, Accent trees=3, Shrubs= 11
Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.l.c.
on all facades of each building. Compliance with the articulation requirements is as shown on the
attached articulation evaluation chart. (P & Z Action 10/09/97:; an accepting the articulation as
proposed and allowing the applicant to bump the rear wall out approximately I
3. A minimum 40'rear building setback is required along the north property line. Applicant proposes a 25'
rear building setback line. (Previous CC Action 7/15/97. Waive requirement) (P&ZAction 10109197.
Approved per previous C.C. motion on 7115197)
4. Show the 1' extension rear(north).side of the building. Please be aware that the building will have to
be relocated 1' south of its present location.
P&Z ACTION:October 9, 1997;Approved(7-0)subject to Site Plan Review Summary No. 1,dated October
3, 1997,with the following amendments:
1) waiving the requirement for plantings in the east bufferyard, but requiring the placement of the
plantings elsewhere on the site(Item#1);
2) deleting the second statement from Item #1 (Lot 12R1, Block 2, East Bufferyard: Length=164',
Canopy Trees--2, Accent Trees=3, Shrubs=l3);
3) accepting the articulation as proposed and allowing the applicant to bump the rear wall out
approximately F
-4) waiving Item#3 (40'rear building setback).
• City of Southlake,Texas
Previous COUNCIL ACTION which apply to Lot 12R1, Block 1:July 15, 1997,Approved(6-1)subject to
Site Plan Review Summary No. 2 dated July 11, 1997, with the following amendments, as recommended by
waive requirement # I (provide 5' Type A bufferyard along the east property line of Lot 12R1,
planting required plants elsewhere on site;
2) waive requirement# 7(40'rear building setback required along the north property line);
3) evaluate lighting and use minimal impact lighting where possible.
* Fire lanes must meet the requirements of City Fire Dept.
* No review of proposed signs is intended with this site plan.A separate building permit is required prior
to construction of any signs. Please be aware that signs must be 15'min. from property lines.
* The applicant should consult with the developer of adjacent property to the east with regard to
coordination of site grading between lots.Lot should be graded in a manner that would prevent excess
run-off onto the adjacent lot of Fox Hollow and direct flow onto F.M. 1709.
* The applicant should be aware that prior to issuance of a building permit a fully corrected site plan,
landscape plan, irrigation plan,and building plans,must be submitted for approval and all required fees
must be paid. This may include but not be limited to the following fees: Park Fee,Perimeter Street Fee,
Water& Sewer Impact and Tap Fees, and related Permit Fees.
* Lighting must meet the requirements of Ord. 480, Sect. 43.12a regarding spill over lighting.
All mechanical units must be screened of view from adjacent R.O.W.'s and residential properties.
* Denotes Informational Comment
att: Articulation Evaluation Chart
cc: Dr. Robert W. Gallagher DDS,MS
LAWP-F1LES\REV\97\97129SP2.WPD
Articulation Evaluation No.2
Case No.ZA 97-129 Date of Evaluation: 10/17/97
Elevations for proposed Lots 12R1,Block 2 of Diamond Circle Estates
-^eived 10/13/97
L;
Lot 12R1
Front-facing: South Wall ht.= 10
Horizontal articulation Vertical articulation
Okay? Required Provided Delta Okay?
Required Provided Delta 1
Yes 3 0 Yes
Max.wall length 30 16 -47% 0 16 -40 0%/o
2 2 0% Yes 2 2 Yes
Min.artic.offset 4 6 50% Yes 4 8 100% Yes
Min.artic. length
Rear-facing North Wall ht.= 10 Vertical articulation
Horizontal articulation
Required Provided Delta Oka !_ Required Provided Delta Okay.
Max.wall length 1111111111 30 13 -57% Yes
No
2 1 - 2 3 50%. Yes
50%
Min.artic.offset 3 3 0% Yes
Min.artic. length offenum
Right-facing: East Wall ht.= 10 Vertical articulation
Horizontal articulation
Required Provided Delta Okay? Required Provided Delta Okay?
0
.wall length 30 25 -17% Yes 30 23 -23/o es
2 2 p% Yes 2 4 100% Yes
artic.offset ° Yes
artic. length 6 21 250% Yes 6 7 17/o
Left-facing: West Wall ht.= 10
Horizontal articulation Vertical articulation
Required Provided Delta Okay? Required Provided Delta Okay?
0
Max.wall length 30 28 -7% Yes 30 23 -23/o es
2 2 0% Yes 2 4 100% Yes
Min.artic.offset ° 6 10 67% Yes
Min.artic. length 7 17 143/o Yes
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STAFF REPORT
October 17, 1997
CASE NO: ZA 97-1 2 PROJECT: Site Plan The Courtyard at Timarron
STAFF CONTACT: Dennis Killough,Planner II,481-5581, ext. 787
REQUESTED ACTION: Site Plan of The Courtyard at Timarron on property legally
described as being Lot 2, Hall Medlin No. 1038 Addition, an
addition to the City of Southlake,Tarrant County,Texas,according
to the plat recorded in Cabinet A, Slide 2495,Plat Records,Tarrant
County, Texas, and being approximately 4.855 acres.
LOCATION: Southeast corner of the intersection of South White Chapel
Boulevard and East Continental Boulevard.
OWNER: Westerra-Timarron,L.P.
APPLICANT: Realty Capital Corporation
CURRENT ZONING: "R-PUD" Residential Planned Unit Development District with"C-
2" Local Retail Commercial District uses.
LAND USE CATEGORY: Mixed Use
NO.NOTICES SENT: Fourteen(14)
RESPONSES: One (1) response was received within the 200' notification o earea:
• Barbara Manisco, 110 Bent Trail Dr., Southlake, opp
d.
"Due to the C-2 zoning and building density. If the zoning
were more restrictive (0-1), if no building signage was allowed
and there was 1 less building near the residence,I could support
the plan."
P&Z ACTION: October 9, 1997; Approved (6-0-1) subject to Site Plan Review
Summary No. 1, dated October 3, 1997, amending Item #5b to
allow parking as shown.
STAFF COMMENTS: The applicant has met all items in Site Plan Review Summary No.
1, dated October 3, 1997, with the exceptionNdated October 7, 1997se items in e
attached Site Plan Review Summary No.
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AND ZONING 3, 26
' City of Southlake,Texas
i
SITE PLAN REVIEW SUMMARY
t
e No.: ZA 97-132 Review No: Two Date of Review:
Project Name: 11ie Plan The CouMard at Timarron Lot 2 Hall Medlin No M Addition
i
APPLICANT: ARCHITECT:
RealV CVjW Qgggragon CnK Associates Inc
2425 E.-Southlake Blvd-- Suite 150 2045 N. Highwa No. 360. Suite 160
co„thlake Texas 76092 Grand Prairie Texas 75050 ;
Phone: (87)4884200 e: (817) 640-0100
Fax: (817)488-5257 Attn: Richard Myers Fax: (817) 63 -3309 Attn: Khft
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/13/97 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.
--------------
1 The following changes are needed with regard to adjacent property information:
a. Correct the zoning for the properties at the northeast and northwest comers of Continental
Blvd. and White Chapel Blvd.to SF-lA and SF-20A respectively.
b. Show and label all adjacent properties within 200' with the owners name.
2. The following changes are needed with regard to bufferyards and/or interior landscape:
a. Provide a 5'Type'A'Bufferyard along the northwesterly property lines adjacent to the Lot 1
Hall Medlin Addition. Include these bufferyrds and planting calculation in the Bufferyard
Calculation Chart.
b. Please enlarge the print for the bufferyard and interior landscape chart to improve readability.
C. Correct the required interior landscape area and plantings as follows: Required Area= 14,925
sf,Req'd Area @ front & sides 75% (11,194 sf), Req'd Canopy Trees = 25, Req'd Accent
Trees= 50, Req'd Shrubs=249, Req'd Ground Cover 1493 sf. Also, verify and include the
amounts to be provided in the chart.
* Please be aware that plant locations shown on this plan are conceptual and may change upon
detailed review of the landscape plan for this development.
3. Correct the rear(south)building setback line.The minimum setback permitted under the"C-2"district
regulations(and"0-1")is 25'. A 15'building line is shown.
City of Southlake,Texas
4. The following changes are needed with regard to site data provided:
a. Change the required parking for office to 117 spaces an the required parking for medical to
74 spaces. The total required parking is 191 spaces.
b. Provide the required parking.The applicant has requested a reduction of parking to a total of i
163 spaces. (P&ZACTION October 9, 1997: allow parking as shown.)
C. Correct the maximum building.height. The Maximum building height is measured by UBC
standard which appears to be approximately 30' for the proposed two story buildings. The
maximum permitted height is 35'UBC standard measurement.
5. The summary chart showing all variances should also include any proposed deviations from the
permitted uses and/or development regulations of the zoning district(i.e. elimination or addition of
permitted uses,increases or decreases in building setbacks,maximum height,etc.)
6. Fire lanes and/or buildings may require adjustment to meet the 150' hose length requirement. All
interior radii must be 30'all exterior radii must be 54'where adjacent to the fire lane. Contact the City.
Fire Marshall at(817)481-5581 Ext. 737 for more information. i
P&ZACTION.• October 9, 1997,Approved(6-0-1)subject to Site Plan Review Summary No. 1, dated October
3, 1997, amending Item 05b to allow parking as shown.
Although not required by ordinance,staff would appreciate placing the City case number"ZA97-132"
in the lower right corner for ease of reference.
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* The applicant should be aware that prior to issuance of a building permit a Plat must be processed and
filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and
building plans,must be submitted for approval and all required fees must be paid. This may include
but not be limited to the following fees: Park Fee,Perimeter Street Fee, Water& Sewer Impact and
Tap Fees,and related Permit Fees.
* Protected trees cannot be removed outside of 12' from the proposed building without processing a
Tree Removal Permit or without approval by the Planning and Zoning Commission. Cuts or fills
greater than 4 inches within the limits of the critical root zone of protected trees are not permitted
unless adequate construction methods are approved by the Landscape Administrator.
* Denotes Informational Comment
cc: Realty Capital Corporation, CnK Associates Inc.
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City of Southlake,Texas
STAFF REPORT
October 17, 1997
CASE NO: ZA 97-081 PROJECT: Site Plan - Lot 2, Commerce Square
STAFF CONTACT: Karen P. Gandy,Zoning Administrator, 481-5581, ext. 743
Dennis Killough, Planner II, 481-5581, ext. 787
REQUESTED ACTION: Site Plan on the proposed Lot 2, Commerce Square, on property
legally described as being approximately 4.57 acres situated in the
Thomas Easter Survey,Abstract No. 474, and a portion of Tract 3A.
LOCATION: South of Southlake Boulevard(F.M. 1709) and immediately east of
Crooked Lane.
OWNER/APPLICANT: Southlake Properties, Inc.
CURRENT ZONING: "S-P-2" Generalized Site Plan District with limited "I-l" Light
Industrial District uses.
LAND USE CATEGORY: Mixed Use
CORRIDOR
RECOMMENDATION: Retail Commercial
NO.NOTICES SENT: Eleven (11)
RESPONSES: One (1) response was received within the 200' notification area:
•Ken Smith, 2366 Crooked Lane, Southlake, in favor.
P & Z ACTION: July 17, 1997; Approved (7-0) applicant's request to table until the
August 7, 1997, Planning & Zoning Commission meeting.
August 7, 1997; Approved(6-0)Applicant's request to table until the
September 4, 1997, Planning & Zoning Commission meeting.
September 4, 1997; Approved(6-0)Applicant's request to table unitl
the September 18, 1997, Planning & Zoning Commission meeting.
September 18, 1997; Approved (7-0) Applicant's request to table
unitl the October 9, 1997, Planning & Zoning Commission meeting.
i
-73 - �
L
City of Southlake,Texas
October 9, 1997; Approved (5-1-1) subject to Site Plan Review
Summary No. 2,dated October 3, 1997,deleting Item#5d (13 s.f of
landscape area per parking stall); recommending the masonry as
submitted (Item #8a); and allowing articulation as shown on
Buildings `C' and `H' and accepting the applicant's agreement to
comply with the articulation for Buildings `A' and `B'.
STAFF COMN ENTS: The applicant has met all items in Site Plan Review Summary No. 1,
dated July 11, 1997, and Site Plan Review Summary No. 2, dated
October 3, 1997, with the exception of those items in the attached
Site Plan Review Summary No. 3, dated October 17, 1997.
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SITE PLAN REVIEW SUMMARY
"ase No.: ZA 97-081 Review No: Three Date of Review: 10/17/97
Project Name: Site Plan Lot 2 Commerce Square being 7.22 acres located in the T.Easter Survey
Abst n 474
APPLICANT- ENGINEER:
SrntthlalC wr Inc. r F Levitt Engineers Inc.
,,,.�,R....930 Parkj� -
??6 Commerce Street, Suite 104
Southlake. 1$092 Southlake Texas 76092
Phone: (817)J7.94599 Phone: ($12)488-3313
Fax.^C8$-2420 Attn.: Terry Wilkinson Fax: 817)488-3315
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/13/97 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,
1. Show the existing offsite driveway.
2. The following changes are needed with regard to bufferyrds and/or interior landscaping:
a. Correct the required interior landscape area and plantings as follows: Required Area=
8,325 sf,Req'd Area @ front& sides 75%(6,244 sf), Req'd Canopy Trees= 14,Req'd
Accent Trees=28,Req'd Shrubs= 139,Req'd Ground Cover 833 sf. Also,verify and
include the amounts to be provided in the chart.
c. A.minimum of 75%(6,244 sf) of the required interior landscape area must be at the front
and sides of the buildings. Please correct the provided number to be based upon the
required area rather than the provided area.
d. A minimum of 13 sf of landscape area per parking stall must be in landscape parking
islands.Islands must be a minimum of 8' in width and approximately 18' long. (P&Z
Action 1019197: delete)
3. The following changes are needed with regard to building elevations provided.
a. Identify the exterior facade material indicated by the wider straight parallel lines.
b. The applicant has proposed a combination of face brick, split face concrete block and
scored concrete block for the exterior masonry materials of the buildings. Although the
split face and scored face concrete block are not standard concrete block,these materials
have not been approved as acceptable masonry materials under the requirements of the
cxlrfidpr.pverlay zone regulation. Facades visible from F.M. 1709 cannot exceed 10%
concrete block. (P& Z Action 1019197: recommending masonry as presented)
� Y:
City of Southlake,Texas
c. Label the`drawing scale of building elevations.
d. Provide building articulation in compliance with Ord. 480 Sect 43.9c l c for all facades
visible from F.M. 1709. Compliance with the requirements are as shown on the attached
Articulation Evaluation Chart. (P& ZAction 1019197: allowing articulation as shown on
$ 14inngs,'C'and 'H' and accepting the applicant's agreement to comply with the
articutation for Buildings 'A'and 'B
P&Z AC77IQ,N.
July 17,1497 Approved(7-0) applicant's request to table until the August 7, 1997, Planning&
Zoning Commission meeting.
August 7, 1997;Approved(6-0)Applicant's request to table until the September 4, 1997, Planning
&Zoning Commission meeting.
September 4, 1997,Approved(6-0)Applicant's request to table until the September 18, 1997,
Planning&Zoning Commission meeting.
September 18, 1997;Approved(7-0)Applicant's request to table until the October 9, 1997,
Planning&Zoning Commission meeting.
October 9, 1997,Approved(5-1-1) subject to Site Plan Review Summary No. 2, dated-October 3,
1 99 7, deleting Item #Sd(13 sf of landscape area per parking stall); recommending the masonry
as submitted(Item #8a); and allowing articulation as shown on Buildings 'C'and 'H' and
accepting the applicant's agreement to comply with the articulation for Buildings 'A'and 'B'.
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* It appears that this property lies within the 75 'LDN D/FW Regional Airport Overlay Zone will
require construction standards that meet requirements of the Airport Compatible Land Use Zoning
Ordinance No. 479.
* The applicant should be aware that prior to issuance of a building permit a Plat must be processed
and filed in the County Plat Records,a fully corrected site plan, landscape plan, irrigation plan,
and building plans, must be submitted for approval and all required fees must be paid. This may
include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer
Impact and Tap Fees, and related Permit Fees.
* A drainage easement from the adjacent property owner(s)on the west must be obtained prior to
issuance of a building permit for the construction of the off-site drainage improvements.
* Denotes Informational Comment
It: Articulation Evaluation Chart
Southlake"Properties, Inc.- Terry Wilkinson,J.E. Levitt
L:\W P-FILES\REV\97\970&I SP3.W PD
Articulation Evaluation No.2
Case No.ZA 97-081 Date of Evaluation: 10/17/97
Elevations for Shurguard S6,rage Center,Commerce Square
eived 10/13/97,
ling A&B
-facing: North Wall ht.= 10
Horizontal articulation Vertical articulation
Required Provided Delta Okay? Required Provided Delta Okay?
Max.wall length 30 12 -60% Yes 30 12 -60% Yes
Min.artic.offset 2 3 50% Yes 2 3 50% Yes
Min.antic.length 3 7 133% Yes 3 7 133% Yes
Rear-facing South Wall ht= 12
Not visible from F.M. 1709
Right-facing: West Wall ht= 12
Horizontal articulation Vertical articulation
Required Provided Delta Okay? Required Provided Delta Okay?
Max.wall length 36 13 -64% Yes 36 30 -170/6 Yes
Min.artic.offset 2 2 0% Yes 2 2 00/0 Yes
Min.artic.length 10 24 140% Yes 6 9 50% Yes
Left-facing: East Wall ht.= 12
Horizontal articulation Vertical articulation
Required Provided Delta Okay? Required Provided Delta Okay?
Max.wall length 36 30 -17% Yes 36 30 -17% Yes
Min.artic.offset 2 4 100% Yes 2 2 00/0 Yes
Min.antic.length !0 10 00/0 Yes 8 10 25% Yes
C(ding C
t-facing: North Wall ht= 9
Not Visible from F.M. 1709
Rear-facing South Wall ht= 9
Not visible from F.M. 1709
Right-facing: West Wall ht= 9
Not visible from F.M. 1709
Lett-facing: East Wall ht= 9
Horizontal articulation Vertical articulation
Required Provided Delta Okay? Re wired Provided Delta Okay?
Max.wall length
Min.artic.offset 1 1 00/0 Yes
Min.artic.length 7 10 43% Yes 7 10 43% Yes
Building H
Front-facing: North Wall ht= 12
Horizontal articulation Vertical articulation
Required Provided Delta Okay? Required Provided Delta Okay?
Max.wall length 36 35 -3% Yes 36 35 -3% Yes
Min.artic.offset 2 4 1000/9 Yes 2 2 0% Yes
Min.antic.length 9 10 11% Yes 9 10 11% Yes
Rear-facing: South Wall ht.= 12
Not Visible from F.M. 1709
tit-facing West Wall ht.= 12
Does not exceed 3 times the wall height
Left-facing: East Wall ht.= 12
Does not exceed 3 times the wall height.
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City of Southlake,Texas
STAFF REPORT
October 17, 1997
CASE NO: ZA 97-128 PROJECT: Preliminaa Plat/Panorama Place
i
;
STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787
REQUESTED ACTION: Preliminary Plat for the proposed Lots 1 and 2, Block 1, Panorama
Place, on property legally described as approximately 3.955 acres
situated in the W. W.Hall Survey,Abstract No.695,and being Tracts
5 and 5A. This plat proposes two (2) lots.
LOCATION: West side of North Carroll Avenue approximately 180' south of the
intersection of North Carroll Avenue and Southcrest Court.
OWNER: John Cole ,
i
APPLICANT: Panorama Properties, Inc.
CURRENT ZONING: 110-1" Office District
LAND USE CATEGORY: Mixed Use
NO. NOTICES SENT: Fourteen (14)
RESPONSES: None
P&Z ACTION: October 9, 1997; Approved (7-0) subject to Plat Review Summary
No. 1, dated October 3, 1997.
STAFF COMMENTS: The applicant has met all items in Plat Review Summary No. 1,
dated October 3, 1997, with the exception of those items in the
attached Plat Review Summary No. 2, dated October 17, 1997.
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City of Southlake,Texas
FLAT REVIEW SUMMARY
^ase NO: zk.0u. n Review No:Tm Date of Review: 7 7
Project Name: Preliary Plat-Lots 1 &2.Block 1.Panorama Place,�g 955 acres out of the W W
lull urvey_Abstract MI 695
APPLICANT: SURVEYOR:
Panorama Proms:Inc. Loyd Bransom Su= rs.Inc.
P.O. Box 3168 1028 N. Sylvania Ave.
Cpevine.Texas 76099 Ft. Worth, Texas 76111
Phone: 8 )4$8'-= Phone: 817) 834-3477
Fax: (817 4) 88.O�I9 Attn: Will Edginglon Fax: (817) 831-9818 Attn: Bill Hooks
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/13/97 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787.
1. Label existing zoning and Land Use Designation(LUD= )on all adjacent properties.
2. Provide a sufficient drainage easement across the property to handle the outfall from the Southview
Addition.
Show and label the existing R.O.W. with dimensions.
4. Show and label the area embraced by tree cover.
* The applicant should be aware that new submittals for the next scheduled meeting(if required)must
be received at the City by 5:00 PM on 10/27/97. If not.received by that time, no review will be
prepared until the following submittal schedule.All 17 revised submittals must be folded 6"x 9" and
an 11"x 17"revised reduction must be provided.
* Denotes Informational Comment
Panorama Properties,Inc.,Loyd Bransom Surveyors,Inc.
L:\WP-FILES\REV\97197128PP2.WPD
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City of Southlake,Texas
STAFF REPORT
October 17, 1997
i
CASE NO: ZA 97-130 PROJECT: First Reading/Ordinance No. 480-261
Rezoning and Concept Plan - Southlake Garden
Offices
STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743
Dennis Killough, Planner II, 481-5581, ext. 787
REQUESTED ACTION: Zoning Change on property legally described as being approximately
6.1441 acres situated in the Obediah W.Knight Survey,Abstract No.
899, and being Tract 5E. A Concept Plan for Southlake Garden
Offices will be considered with this request.
LOCATION: South side of East Southlake Boulevard(F.M. 1709)approximately
1,100' west of the intersection of Byron Nelson Parkway and East
Southlake Boulevard (F.M. 1709). f
OWNER: 1709 Joint Venture
APPLICANT: Best Tex Custom Homes
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "0-1" Office District
LAND USE CATEGORY: Low Density Residential
CORRIDOR
RECOMMENDATION: Residential
NO.NOTICES SENT: Four(4)
RESPONSES: One (1) response was received within the 200' notification area:
• Steve Garrett, 205 E. Southlake Boulevard, Southlake, in
favor.
P&Z ACTION: October 9, 1997; Approved (6-1) subject to Concept Plan Review
Summary No. 1, dated October 3, 1997, accepting the applicant's
committment to remove the existing driveway from Southlake
Boulevard(F.M. 1709)and extending the proposed street down to the
existing residential pavement.
I
` City of Southlake,Texas
STAFF COMMENTS: The applicant has met all items in Concept Plan Review Summary
No. 1, dated October 3, 1997, with the exeception of those items in
the attached Concept Plan Review Summary No.2,dated October 17,
1997.
L:\WP-FILES\MEMO\97CASES\97-130ZC.WPD
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LESLIE THOMPSON / CONTRACT DRAFTING 214/637-3047 • 1320 PRUDENTIAL DR.,SUITE 101 DAL.IAS,TE AS 75235
MEMORANDUM / LETTER OF TRANSMITTAL
Date: October 13, 1997
To: David Ford
i
S
Project: Case No. ZA97-130
Southlake Garden Offices
Subject: Summary of Concept Plan Revisions
i
i
David:
i
Attached are 17 blueline copies and one 11" x 17" reduction of the concept plan, drawing CP1, bearing
revision date October 13, 1997. This drawing has been revised in accordance with the review summary
prepared by the city staff and the proceedings at the zoning hearing of October 9, 1997. The following
responses are numbered to coincide with the city staff review summary.
(W 1,a. The proposed street right of way width has been dimensioned 60 feet and is noted to be
dedicated from city property.
1,b. The right of way width for F.M. 1709 has been dimensioned 200 feet and noted, "width
may vary".
2. The west, south and east setback lines, adjacent to the Timarron subdivision and land
designated for low density residential use, have been deleted. The setback requirement
in these locations will be governed by the residential adjacency standards in accordance
with Section 43.11 of the City of Southlake Zoning Ordinance as stated in the tabular
information on the concept plan.
3. A dedication for a free right turn lane and transition has been noted. The dedication is
for a tract 12 feet wide for the full width of the property parallel to the F.M. 1709 right
of way.
Building "D" and the adjacent parking have been revised to accommodate the turn lane
dedication. The Building "D" area has been reduced by approximately 4,000 s.f.
4,a. The existing driveway access to F.M. 1709, at the northwest comer of the property, has
been omitted.
4,b. The outlet drive from Building "D" parking to the north driveway (ingress lane) has been
omitted.
OCT 131997
OCT _ 1997
avid Ford
I
Garden Offices
er 13, 1997
Page 2
5. Fire lanes have been labeled and are dimensioned.
6. The masonry screen wall height has been revised to 8'-0".
Please note the following:
1. Additional landscaped islands have been shown in the parking rows on the south side of
building "A" and on the north side of Builing"D". Ten trees previously marked for
removal have been marked to remain. Please see the attached drawing SK-3, dated
10/13/97.
2. The building area tabulation, parking tabulation and landscaping summary have been
revised.
Copies to:
File: 9704.005 Transmitted-by:'
8c-
s
City of Southlake,Texas
CONCEPT PLAN REVIEW SUMMARY
e No: ZA 97-130 Review No: T-ka Date of Review: 10/17/97
Project Name: Concept Plan for 0-1 Zoning- Southlake Garden Offices, 6.1441 acres. O.W. Knigbtt
Survey Abstract No. 899, Tract 5E
APPLICANT: CONSULTANT:
David L. Ford Leslie Thomason, Contract Drafting
P.O.Box 1702 1340 Prudential Drive. Suite 100
Roanoke: Texas 76262 Dallas.Texas 75235
Phone: (817)491-0335 Phone: (214)637-3047
Fax : (817)430-3620 Fax : (214) 637-3229
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/13/97 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS
OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787.
1. Change the following notes on the plan:
a. For "Architectural Standards add "..and Ordinance 480-S" to the Masonry Standards and
regarding Articulation the statement should read "Facade Articulation in accordance with
Ordinance 480-S . " Please be aware that articulation will be required on any building facade
visible from F.M. 1709 or is within 400' of residentially zoned property or property
designated for residential use by the Land Use Plan.
b. Correct the method used for calculating the provided interior landscape area. Bufferyards and
the area between the property lines and streets (parkway) do not count toward the interior
landscape area.
2. Change the label on the area designated for free right turn lane along F.M. 1709 to "R.O.W.
dedication for free right turn lane". Relocate the 20'Type Bufferyard and the 50'building setback
line to be measured from the R.O.W. dedication line.
3. Proposed drive crossing the City tract does not meet the required 100' stacking depth. The proposed
depth is 58t.
4. Show the attached proposed driveways for the City Senior Citizen Center located to the east.
* The developer should be aware that an appropriate conveyance from the City must be received prior
to any construction of the driveway crossing the City tract.
* The applicant will be required to construct the proposed roadway if construction is intended prior to
the City fully developing the site to the east.The applicant should coordinate grading and fill with the
properties to the east in order to support the street profile of the proposed roadway.
i?e- 7
i
City of Southlake,Texas
* The applicant should be aware that prior to issuance of a building permit, a plat must be processed
through the City and filed in the County Plat Records,a site plan, landscape plan,and irrigation plan
along with the building plans must be submitted for approval and all required fees must be paid. This
may include but not be limited to the following fees: Park Fee,Perimeter Street Fee, Water& Sewer
Impact and Tap Fees,and related Permit Fees.
* Although no review of the following issues is provided at the concept plan level, staff strongly
recommends that the applicant evaluate the site for compliance with the following sections of the city
ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site
plan review and that the applicant is responsible for compliance with all site plan requirements.
• Vertical and horizontal building articulation (required on the north, east, south, and west
building facades)per§43.9cIc, Ordinance 480, as amended.
• Masonry requirements per§43.9c 1 a,Ordinance 480,as amended and Masonry Ordinance No.
557.
• Interior landscaping per Landscape Ordinance No.544 and§43.9c3 and Exhibits 43-B and 43-
C on Pages 43-12 and 43-13,Ordinance 480,as amended;and Parking Lot Impacts on interior
landscaping in§43.9c3h and Exhibit 43-D on Page 43-14,Ordinance 480,as amended.Please
note that it appears there are a few rows of parking which are deficient in landscape islands.
• Residential adjacency standards per§43.11 and Exhibit 43-E on Page 43-15, Ordinance 480,
as amended.
• Spill-over lighting and noise per §43.12, Ordinance 480, as amended.
• Off-street parking requirements per§35, Ordinance 480, as amended. All areas intended for
vehicular use must be of an all weather surface material in accordance with the Ordinance No.
480, as amended. If any medical/dental offices are intended for this site, the parking
requirements will increase.
* The applicant should be aware that new submittals for the next scheduled meeting must be received
at the City by 5:00 PM on 10/27/97. If not received by that time,no review will be prepared until
the following submittal schedule.All 17 revised submittals must be folded 6" x 9" and an 11"x 17"
revised reduction must be provided.
* Denotes Informational Comment
aft: Exhibit showing proposed Senior Citizen Center driveways
cc: David L. Ford
Leslie Thompson, Contract Drafting
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-261
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;6.144
ACRESA�SITUJATED I IN THE O � KNIGHT SURVEY,
ABSTRACT NO. 899,°TRACT SE , "AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL TO"0-1"OFFICE 1`DISTRICT,SUBJECT TO
THE SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE;PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
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 "AG" AgiricultdiW
under the City's Comprehensive Zoning Ordinance; and
WHEREAS,a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
G:\0RD\Z0N1NG\480.145
Page 1
Se- t �
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 that the changes in
of Southlake,Texas,does g
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate light and air, prevents the over-
crowding of land,avoids undue concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools,parks and other public requirements; and,
WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there has been
a change in the conditions of the property surrounding and in close proximity to the tract or tracts
of land requested for a change since the tract or tracts of land were originally classified and therefore
feels that the respective changes in zoning classification for the tract or tracts of land are needed,are
called for, and are in the best interest of the public at large, the citizens of the city of Southlake,
Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City
of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended,
is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed
and amended as shown and described below:
G A O R D\ZONING\480.l 45
Page 2
Se - rz
Being a 6.144 acre tract of land situated in the 0. W. Knight Survey,Abstract No
899, Tract 5E., and more fully and completely described in Exhibit "A" attached
hereto and incorporated herein, from AG Agricultural to "0-1" Office 1District.,
Section 2. That the City Manager is hereby directed to correct the Official Zoning map
of the City of Southlake, Texas, to reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or tracts of land herein above
described shall be subject to all the applicable regulations contained in said Zoning Ordinance and
all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections,
subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not
amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
Section 4. That the zoning regulations and districts as herein established have been
made in accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future;to
lessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land;
to avoid undue concentration of population;and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water, parks and other commercial needs and development
of the community. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the City of
Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are in direct conflict with the
provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid,the same shall not affect the validity of the zoning
of the balance of said tract or tracts of land described herein.
Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
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
G:\ORD\ZONING\180.1 i5
Page 3
8C-13
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 j
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:
I
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1995.
MAYOR
ATTEST:
CITY SECRETARY
G:\0RD\Z0N1NG\480.145
Page 4 u
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
GAORMZON1NG480.145
Page 5
EXHIBIT "A"
BEGINNING at a Texas Department of Transportation brass monument found at a fence-corner in the South line of State Highway No.
1709(Southlake Boulevard)(a variable width right-of-way)as widened,said point being 95.00 feet Southerly of and radial to the
Centerline survey station 333+46.97,also being the Northwest corner of the herein described 6.1441 acre tract in the common line of
said Bailey tract and that certain 10 acre tract of land conveyed to Steve Garrett and wife,Dixie Garrett,as recorded in Volume 6747,
Page 1622.of the DRTCT;
THENCE South 83°3T 18"East,along the said South line of S.H. 1709,and an existing fence line,a distance of 253.15 feet to an iron
pin found at a fence corner in the East line of said Bailey tract as referenced in Boundary Line Agreement as recorded in Volume 9823.
Page 1073,of the DRTCT.said point being the Northeast comer of the herein described 6.1441 acre(said Bailey)tract.also being the
Northwest corner of that certain 10.4043 acre tract of land as conveyed to Timarron Land Corporation(formerly Bear Creek
Communities.Inc.)as recorded in Volume 9823.Page 1078.of the DRTCT;
THENCE South 00°22'51"East,with the common line of said Bailey and Timarron tracts and an existing fence line,a distance of
1050.22 feet to an iron pin found at the fence comer in the North line of that certain 19.9873 acre tract of land conveyed to Buttercup
Lane Joint Venture as recorded in Volume 8195,Page 1715,of the DUCT.said point being the Southeast comer of the herein described
6.1441 acre(said Bailey)tract as referenced in said Boundary Line Agreement.also being the Southwest comer of said Timarroo tract;
THENCE South 89°49'53"West,a distance of 251.34 feet with an existing fence line to an iron pin found at a fence comer,said point
being the Southwest comer of the herein described 6.1441 acre(said Bailey)tract,also being the Southeast comer of said Garrett tract;
THENCE North 00°22'53"West,with the common line of said Bailey and Garrett tracts and existing fence line,a distance of 1079.45
feet to the POINT OF BEGINNING and containing 267,639 square feet or 6.1441 acres of land,more or less.
NOTE: This property is subject to the Order Adopting Airport Zoning Regulations of the Dallas-Fort Worth Regional Airport,Ordinance
100,as recorded in V.7349,P. 1106,Real Property Records,Tarrant County,Texas.
Page 6 -r
EXHIBIT "B"
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Page 7
City of Southlake,Texas
STAFF REPORT
October 17, 1997
CASE NO: ZA 97-131 PROJECT: Plat Revision - Lots 4R1, 4R2, and 4R3. Block 6.
Southridge Lakes,Phase C-1
STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787
REQUESTED ACTION: Plat Revision for the proposed Lots 4R1,4R2, and 4R3, Block 6, Southridge
Lakes, Phase C-1, being a revision of Lot 4R, Block 6, Southridge Lakes
j Addition, Phase C-1, an addition to the City of Southlake, Tarrant County,
Texas.
LOCATION: Northeast corner of the intersection of North Peytonville Avenue and West
Southlake Boulevard(F.M. 1709).
OWNER/APPLICANT: Southridge Center, L.P.
CURRENT ZONING: "C-3" General Commercial District
AND USE CATEGORY: Mixed Use
CORRIDOR
RECOMMENDATION: Retail Commercial
NO. NOTICES SENT: Twelve (12)
RESPONSES: None
P&Z ACTION: October 9, 1997; Approved (7-0) subject to Plat Review Summary No. 1,
dated October 3, 1997, deleting Item #13b, and acknowledging that the
applicant will provide a common access easement parallel to the R.O.W. and
has no objection providing 37' of pavement within the 50' R.O.W.
STAFF COMMENTS: The applicant has met all items in Plat Review Summary No. 1, dated
October 3, 1997, with the exception of those items in the attached Plat
Review Summary No. 2, dated October 17, 1997.
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PLAT REVIEW SUMMARY
e No: ZA 97-131 Review No: I Date of Review: 7 7
Project Name:Plat Revision-Lots 4RL 4R2&4R3.Block 6, Southridge Lakes Phase C-1.being a revision
of Lot 4R.Block 6.Southidge Lakes Phase C-1.as recorded in Cabinet A.Slide 3774,P.R.T.C.T..8.72 acres
out of the A.A. Freeman Survey. Abstract No. 522
APPLICANT: SURVEYOR:
Southridge Center,L.P. Area Surveying,Inc.
2 Turtle Crk Village.3838 Oak Lawn Ave., Ste, 102 W. Trammell Street
1500 Dallas.Texas 75219 Fort Worth,Texas 76140
Phone: 214) 522-6400 Phone : (812)293-5684
Fax: (21 ) 522-6103 Attn: Jerry Donahue Fax : (812)293-5685 Attn: Roger Hart
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/13/97 AND WE
OFFER THE FOLLOWING STIPULATIONS: THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS O_RNEED
FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787.
1 Change the 20'U.E. on the north line of the Carroll High School to 15'U.E.
The following changes are needed with regard to easements:
a. Provide dimensions showing that the the 15'U.E. along the west line of lot 4R2 is 15'east of
the Peytonville ROW.
b. Provide dimensions from property comers to the variable width U.E. along FM 1709 in Lot
4R1. Probably should also delete the 20' width reference which only applied to the previous {
plat.
C. Provide a preliminary water/sewer/and drainage plan in accordance with this plat revision.
Upon approval of this plan,all required easements must be provided on the plat revision.
3. The following lots are missing.lot dimensions or bearings:west line of Lot 4R2,west line of Lot 4R3.
4. The following changes are needed regarding Right-of-Way dedications:
a., Confirm with the city engineer that there is not a need for the full 84' ROW dedication as
required on the master thoroughfare plan for the length of the east property line.
b. Change the ROW width of Graham Circle to a 60'width. (P&Z recommendation to delete and
acknowledging that the applicant will provide a common access easement parallel to the
R.O.W. and has no abjection providing 37'of pavement within the 50'R.O.W as noted below)
City of Southiake,Texas
* A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing
this plat.in the County records.
We recommend this plat not be filed until the construction plans have been substantially approved.
This will ensure adequate easements and finish floor elevations. Minimum finish floor elevations may
be required on the following lots pending review of construction plans: Block 6, Lot 4R3.
* Please submit a revised blueline "check print" prior to submitting blackline mylars with original
signatures.
* Original signatures and seals will be required three blackline mylars prior to filing the plat. Also
required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original
signatures and seals on each.Mylars will not be accepted if any erasures or original ink,other than
signatures or seals,appear on the plat. i
I
* The applicant should be aware that new submittals for the next scheduled meeting(if required)must
be received at the City by 5:00 PM on 10/27/97. If not received by that time, no review will be
prepared until the following submittal schedule.All 17 revised submittals must be folded 6"x 9" and
an 11"x 17"revised reduction must be provided.
* Denotes Informational Comment
cc: Southridge Center,L.P.,Area Surveying,Inc.,J.E.Levitt Fax: (817)488-3315
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MEMORANDUM
October 17, 1997
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Requested Variance to Sign Ordinance No. 506-B for Village Center
Chevron Located at 2100 East Southlake Boulevard
BACKGROUND
Mr. Robert Kurima of Chevron has requested a permit to construct a monument sign
with a readerboard. Readerboards are not permitted by the sign ordinance. The
proposed sign meets all requirements for a monument sign except that it will have
changeable gasoline prices.
Mr. Kurima states in his demonstration, "The interchangeable gasoline price sign is an
integral part of the Chevron monument sign and has become a feature expected by our
customers. In addition, by advertising the gasoline prices in this manner, the motoring
public is informed of the product cost prior to entering the fueling area."
RECOMMENDATION
Staff recommends that the requested variance to sign ordinance no. 506-B for Chevron,
located at 2100 E. Southlake Blvd., be placed on the October 21, 1997 Regular City
Council Agenda for City Council review and consideration.
If Council determines that it is in the best interest of the City to grant the requested
variance, the Council thereby varies Sign Ordinance 506-B, Section 17.A to allow a
readerboard sign with an interchangeable gasoline price sign as an integral part of the
Chevron monument sign.
CRE/cre
Attachments: Memo from Charles Bloomberg, Plans Examiner
Application
Sign Drawing
Site Plan
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City of Southlake,Texas
riEivlORXNDUNi
Date: October 7, 1997
To: Bob Whitehead, Director of Public Works
From: Charles Bloomberg Plans Examiner
Subject: Sign Variance Application for Village Center Chevron
2100 E.Southlake Blvd.
Mr. Robert Kurima of Chevron has applied for a permit to construct a monument sign with a reader board
price sign. The Sign Ordinance as amended by ordinance no.506-B prohibits reader board signs.
The only changeable portion of the sign is the gasoline prices. The sign otherwise complies with the sign
ordinance. The sign has 47 square feet and is four feet nine inches high on the two feet high masonry
base. It is approximately one foot shorter and fifty-three square feet smaller than allowed by ordinance.
They also have requested attached signs on the building and canopy that comply with the ordinance. They
are not a part of the variance.
Please schedule this item on the October 21, 1997 City Council meeting.
attachments
site plan
sign drawing
application
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C=: L C-T SOUT: L A K 1 � Feb �na1_y o'' 1995
II
SIGN VAaIA`>'CE APPLICATZOy1
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NAME: R065FtF �CdrzAM,A — r—PS- ia-ON SA`-!G A5,AfPL�1"''4
ADDRESS: 2300 111r D r p joG E FARimAN�' STET• goo
A-ftAKTA, GA• 303LRg- c-,,,
PHONE: 770 — g8ll-— 3/09 -
FAO: -1-7 0 — g3,11-- 3102
The following ?nrorma n or. Pertains to the Iocatior, for which the variance is being
requested:
NAM^ OF BUSINESS OR OPERATION: GF}S VROtJ 5P-XvG e S-TiA Tto N
PHYSICAL ADDRESS: 2100 I;Ac5T So,fiµLAKe- FSt yD.
LEGAL DESCRIPTION : Lot I Block I Subdivision V I LLAG E, G e NT E R- PHAS$ I
I hereby certify teat this application is complete as per the requirements of Sign
Ordinance No. 505 as summarized below. I further understand that it is necessary to have a
rentative at the City Council meeting who is authorized to discuss this request,
a s any unresolved issues, and approve changes, if any.
Applicant's Signature: Date:
For City Use Only:
I hereby acknowledge receipt of the sign variance application and the appliction fee
in the amount of $ on this the day of 199_.
Signed: Title:
The following checklist is a summary of requirements for sign variance requests as
required by the City of Southlake. The applicant should further refer to the Sign
Ordinance No. 506 and amendments, and other ordinances maps, and codes available at the
City Hall that may pertain to this sign variance request.
Completed sign variance request application.
Completed demonstration of conditions applicable to the requested variance
(see attached. )
Site plan showing the location of the sign variance request and any other
signs that conform to or are exempt from the sign ordinance. The Site plan
shall also indicate the -Li;_-^g, landscaped areas, parking a approaches and
adjo4-ni .g stree= R.0.id.
Scaled and dimens=^.nee ele':a___=� cf `.^.e s_- is foewl-ic: t e I3=i3_^.ce s
r"_'_esred. _ 3=_a_ s__ns, _'a e_e-;a—; =ns s-al- s_cw the _dinC, the
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10A-3
ChevTon Service Station
East Southlake Boulevard
Southlake, TX
Demonstration of Applicability
During the course of approving the Chevron Service Station proposed at 2100 East Southlake Boulevard,it
was brought to our attention that a variance would be required in order to allow a gasoline price sign as a
part of the proposed street&ont monument sign. In accordance with the application for sign variance,this
is to demonstrate the applicability of the following conditions:
L That a literal enforcement of the sign regulations will create an unnecessary hardship or pradieal :.
difficulty on the applicant
The interchangeable gasoline price sign is an integral part of the Chevron monument sign and has
become a feature expected by our customers. In addition,by advertising the gasoline prices in this
manner, the motoring public is informed of the product cost prior to entering the fueling area This
insures that the vehicles circulating the site are doing so by design,thereby eliminating any excess
traffic onsite. Additionally, approval of this variance is in keeping with recent approvals granted
similar businesses in the area.
That the situation causing the unnecessary hard ship or practical difficulty is unique to the
~ affected property and is not self imposed
:Advertising the gasoline price of products in manner proposed is a practice unique to gasoline service
stations and, as stated above, a necessity in this type of business.
3. That the variance will not injure and will be wholly compatible with the use and permitted
development of the adjacent properties.
The proposed service station facility is located within a shopping center complex consisting of similarly
zoned retail businesses. Therefore, approval of the variance will, in no way,be detrimental to the
complex as a whole nor it's individual tenants.
4 That the variance will be in harmony with the spirit and purpose of the sign ordinance
As delineated on Sheet G-1 (Graphics Identification Plan)of the project application package,the sign area
of the proposed monument sign, including the gasoline price signage, is only 38.8 square feet.This amounts
to less than 50%of the total sign area allowed under the City's Sign Ordinance (100 s.f.). Therefore,the
scale of the monument sign, with pricing, is well within the ordinance's "spirit and purpose".
In closing, we believe that approval of a sign variance to allow gasoline price signage on the proposed
monument sign is in keeping with the development in which the serice station is located, as well as in
keeping with the intent of the City's Sign Ordinance. Furthermore, we feel that the inclusion of pricing in
our monument signs provides the motoring customers with an additional level of senice they deserve; one
to which they haN-e become accustomed.
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10A-4
APPLICATION FOR SIGN PERIMIT
City of Southlake
DATE
ADDRESS OF PROJECT 21 GO EAST ��.oJT>� L�K� 13WL�•
TENANT _r H EV PLD N P">7 dcgt, COMPANY PHONE NO.
SIGN COMPANY' PHONE NO.
ADDRESS
address city zip
ILLUMINATED? YES NO (circle)
. ELECTRICAL CONTRACTOR PHONE
TYPE OF SIGN
Permanent Temporary Dimensions
ATTACHED BANNER 4�- 9a HEIGHT
_POLE BALLOON LE—WIDTH
L/MONUMENT MODEL HOME _ Sr-AREA
OTHER SPECIAL PURPOSE `
DESCRIPTION MON tJMr?v`T SIGN: 0/ LIG,f{"i�(� p�.►GG 51Gi�!
OVERALL HEIGHT (attached, pole, monument) MoNIJMctJj'
SETBACK(S) FROM R.O.W. 0-11—D'I '
DOCUMENTS ATTACHED: ✓Plot Plan
Sign Drawing
Letter From Property Owner
Electrician Registration
SIGNATURE O? APPLICANT
APPLICATION APPROVED BY:
DATE : PER.`MIT FEE
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` City of Southlake, Texas
I
MEMORANDUM
October 16, 1997
I
TO: Curtis E. Hawk, City Manager
FROM: Ronald J. Harper, City Engineer
SUBJECT: Authorize the Mayor to enter into a Developer Agreement for Wilmington
Court, located on the North West corner of South White Chapel Boulevard
and West Continental Boulevard
BACKGROUND
Attached is a Residential Developer Agreement for Wilmington Court.
This is a standard developer agreement with one exception. The standard developer agreement
allows for building permits to be issued for 10% of the lots once water and sewer is available.
This would be two lots for this development. The developer wishes IMMEDIATE release of all
lots backing up to Continental and White Chapel. The developer's contention is that fire
protection is available to these lots via hydrants on Continental and White Chapel.
All other provisions conform to the standard agreement.
(RECOMMENDATION)
Staff recommends that this Developer Agreement be placed on the regular City Council Meeting
genda n October 21, 1997.
attachment: Development Agreement
M:\W P-FILESM EMO5S I997T CO2.M EM
108-1
1
WILMINGTON COURT
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 Wilmington Court, 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 19 lots contained within the
Wilmington Court 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 all lots backin gup to Continential
Boulvard and White Chapel Road plus Lot 7 of Block I and Lot 12 of Block 2 upon
the execution of this agreement and the payment of all fees called for herein.
Additional,the City agrees to release 10%of the lots,two(2), 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.
10e-2
1
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:
10 B-3
a. Inspection fees equal to three percent (3%) of the cost of the water,
street, drainage and sanitary sewer facilities, on all facilities included
in this agreement for which Developer awards his or her own
construction contract, to be paid prior to construction of each phase
and based on actual bid construction cost;
b. Administrative Processing Fee equal to two percent (2%) of the cost
of water, street, drainage and sanitary sewer facilities, on all facilities
included in this Agreement for which Developer awards his or her
own construction contract, to be paid prior to construction of each
phase and based on actual bid construction cost;
C. Trench testing (95% Standard);
d. The additional charge for inspections during Saturday, Sunday,
holidays, and after normal working hours;
e. Any charges for retesting as a result of failed tests;
f. All gradation tests required to insure proper cement and/or lime
stabilization.
2. The City agrees to bear the expense of:
a. All nuclear density tests on the roadway subgrade (95% Standard);
b. Technicians time for preparing concrete cylinders; and
C. Concrete cylinder tests and concrete coring samples.
The City can delay connection of buildings to service lines or water mains
constructed under this Agreement until said water mains and service lines have been
completed to the satisfaction of and accepted by the City.
H. The Developer and any third party, independent entity engaged in the construction
of houses, hereinafter referred to as Builder will be responsible for mowing all grass
and weeds and otherwise reasonably maintaining the aesthetics of all land and lots
in said subdivision which have not been sold to third parties. After fifteen (15) days
written notice, should the Developer or Builder fail in this responsibility, the City
may contract for this service and bill the Developer or Builder for reasonable costs.
Should such cost remain unpaid for 120 days after notice, the City can file a lien on
such property so maintained.
•�- 3
1OB-a
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.
4
108-5
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 construction or stability.
5
1 O8-g
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
6
1 OB-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,
``.... 7
108-8
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.
��..- 8
10B-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.
IV. OTHER ISSUES:
A. OFF-SITE AND/OR SEWER PRO RATA:
1OB-10
It has been the City's policy to pay the difference between required facilities versus
upgraded facilities required by the City to serve future developments.
B. OFF-SITE DRAINAGE:
C. OFF-SITE WATER:
�.� 10
1oa-»
D. PARK FEES:
The developer agrees to pay the Park Fee of$1,000 per lot, in accordance with the
Subdivision Ordinance No. 483, Section 7.0. There are approximately 19 lots in
Wilmington Court which would bring the total cost of Park Fee to $19000.00.
E. 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: Four Peaks Development,Inc`
By:
Title:
Address
Date:
CITY OF SOUTHLAKE, TEXAS
By:
Rick Stacy, Mayor
ATTEST:
11
Sandra LeGrand, City Secretary
Date:
``.. 12
10B-13
REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT
1. The Letter of Credit (L of C) must have a duration of at least one year.
2. The L of C 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.
5. The customer must provide the City with supporting financial information on the bank to
allow the City to ascertain requirements are met. Suitable financial information would be
the previous two (2) years December 31 Call Reports submitted to the FDIC and audited
financial statements.
6. Partial drawings against L of C must be permitted.
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.
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City of Southlake,Texas
i
MEMORANDUM
October 17, 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 High
School, Located at 1501 West Southlake Boulevard
BACKGROUND
The principal of Carroll High School, Dr. Daniel Presley, has applied for a variance to
the sign ordinance for a replacement sign proposed for the high school. The proposed
sign is to replace an existing readerboard sign, which is damaged. A variance for the
current sign was granted by the City Council in December 1992.
The applicant states in his application,lication, "In an attempt to improve communication
i
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 message center would be much more
effective in communicating with parents."
If Council chooses to approve the Carroll High School request, they will need to
specifically grant variance to the following sections:
• Section 16.C.2 to allow a free standing sign on this site
• Section 16.C.3 to allow freestanding signs over twenty feet in height
• Section 16.C.7 requires freestanding signs to be double-poled and does not have to
be constructed of or covered with materials that match the masonry portion of the
principal building on the site
• Section 17.A to allow reader board signs
• Section 17.A to allow off-site signs as defined in section LA
1oc-1
L
RECONP4ENDATI N
Staff recommends that the request for variance to Sign Ordinance No. 506-B by Carroll
High School be placed on the October 21, 1997 Regular City Council Agenda for City
Council review and consideration.
/cre
Attachments: Memo from Charles Bloomberg, Plans Examiner
Variance Application
Sign Drawings
Photographs of Existing Sign
L:\CrYDOCS\PUBWORKS\SIGNS\VARIANCE\carroll.doc
1OC-2
City of Southlake, Texas
MEMORANDUM
October 17, 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.
The request is for a freestanding sign 96 square feet in area, 23 feet high, single pole without masonry
materials, electronic reader board, and containing advertising panels for their sponsors. This new
,ign requested would require variance of five (5) items in the sign ordinance.
Section 16.C.2 prohibits freestanding signs on this site.
s
Section 16.C.3 limits freestanding signs to twenty feet in height.
Section 16.C.7 requires freestanding signs to be double-pole and be constructed of or covered with
materials which match the masonry portion of the principal building on the 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.
Attachments: Sign Variance Application
Sign Drawings
Photograph of Existing Sign
Minutes of 12-1-92 Cc Meeting
1oc-3
CITY OF SOUTHLAKE February 6, 1995
SIGN VARIANCE APPLICATION
APPLICADIT' OWNER (if different)
NAME: Carroll High School Carroll Independent School Distric
ADDRESS: 1501 W. Southlake Blvd, 1201 N. Carroll Avenue
Southlake, TX 76092 Southlake, TX 76092
PHONE: 817-481-2185 817-481-5775
FAX: 817-481-7826 817-421-0810
The following infornation pertains to the location for which the variance is being
requested:
NAME OF BUSINESS OR OPERATION: Carroll High School
PHYSICAL ADDRESS: 1501 W. Southlake Blvd. , Southlake
LEGAL DESCRIPTION : Lot 1 Block 1 Subdivision Carroll High School
I herebv certify that this application is complete as per the requirements of Sign
Ordinance No. 506 as summarized below. I further understand that it is necessary to have a
representative at the City Council meeting who is authorized to discuss this request,
a �s any unresolved is ues, and approve changes, if y.
-4m(EL P2�szEY _ /Q
App scant's Signatu- Date �d- �� �
For City Use Only:
I hereby ack-nowledge receipt of the sign variance application and the appliction fee
in the amount of $ on this the day of 199_.
Signed: Title:
The following checklist is a summary of requirements for sign variance requests as
required by the City of Southlake. The applicant should further refer to the Sign
Ordinance No. 506 and amendments, and other ordinances maps, and codes available at the
City Hall that may pertain to this sign variance request.
Completed sign variance request application.
Completed demonstration of conditions applicable to the requested variance
(see attached.)
Site plan showing the location of the sign variance request and any other
signs that conform to or are exempt from the sign ordinance. The site plan
shall also indicate the building, landscaped areas, parking & approaches and
adjoining street R.O.W.
Scaled and dimensioned elevations of the signs for which the variance is
requested. For attached signs, the elevations shall show the building, the
sign for which the variance is requested, and any other signs that conform to
or are exempt from the sign ordinance.
1OC-4
Demonstration
u following conditions are applicable to the
�Pa rPrl s.�gn Vari anr-P -
1 . That a literal enforcement of the sign regulations will create 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 message center would be much more
effective in communicating with parents and the Southlake community.
2 . 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
for communication. We now have almost 1500 students. As we grow, the
need for more effective means of communication also becomes greater.
k
3 . That the variance will 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.
4 . That the variance will be in harmony with the spirit and purpose of
the sign 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 the
citizens of Southlake.
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j City of Southlake, Texas
i
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MEMORANDUM
October 16, 1997
I
TO: Curtis E. Hawk, City Manager
FROM: Ronald J. Harper, City Engineer
SUBJECT: Partial Developer Agreement for Cornerstone Business Park located at the
West end of Exchange Boulevard
BACKGROUND
Attached is a Partial Developer Agreement for Cornerstone Business Park. The developer wishes
to begin grading and earthwork on this project. According to the Subdivision Ordinance, no work
can begin until a Developer Agreement has been approved by City Council.
The Developer has submitted, and staff has approved, grading plans for this project.
The Developer will be required to pay the Park Fees of $500.00 per acre prior to the start of
work. Total Park Fees will be $21,650.00.
,(RECOMMENDATION)
A
recommends that this item be placed on the Regular City Council Meeting Agenda for
21, 1997.
s
attachment: Partial Developer Agreement
M:\WP-FMMMEMOSIMPA"EVAG.MEM
1OD-1
CORNERSTONE BUSINESS PARK
PARTIAL COMMERCIAL DEVELOPERS AGREEMENT
An agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and
the undersigned Developer, hereinafter referred to as the "Developer", of Cornerstone Business
Park, hereinafter referred to "Addition" to the City of Southlake, Tarrant County, Texas, for the
grading of this project. ,
thereto. It is understood by and between the parties that this Agreement is applicable
to Cornerstone Business Park (a commercial development) and to the off-site improvements
necessary to support the subdivision.
I. GENERAL REQUIREMENTS:
A. It is agreed and understood by the parties hereto that the Developer shall employ
a civil engineer licensed to practice in the State of Texas for the design and
preparation of the plans and specifications for the construction of all facilities
covered by this agreement.
-B. The Developer will present to the City either a eash eserow, Letter of ,
performattee bond or payment band aeeeptable to the Gity guaranteeing and
all of the publie faeilities to be eonstrdeted by the Developer, and providing for
for the eompletion of the subdivision if the Developer fails to eomplete the work
within two (2) years of the signing of this between the Gity and
Developer. All bonds should be appfoyed by a Best fated banding eompatty. All
The vaitte of the performanee bond, letter of eredit of eash esef ow will redttee at
a rate eonsistent with the amount of work that has been eompleted by t4te
Developer and aeeepted by the Gity. Performanee atid Payment bond, letter of
eredit or eash eserow from the . * . aetar(s) at: other entity reasonably
aeeeptable to Gity, hereinafter referred to as Gontraetor, will be aeeeptable in liett
of Developer's obligations speeified above.
G. The Developer agrees to furnish to the Gity maintettanee bonds, letter of ered
utilities and 50% for the paving. These maintenanee bonds, letter of eredit or eas
eserow will be fat: a period of two (2) years and will be issued pf!iof to the fina4-
esefow will be supplied to the Gity by the eantraetofs perfqrfning the work, and
the Gity will be fiamed as the benefieiary if the eontraetors fail to perform afly
required maintenaftee.
10Q2
it is fttrther agreed and understood by the pafties hereto that upon aeeeptaflee-by
`.� intended to be ptiblie faeilities, shall be vested in the Gity of Southlake, and
Developer hereby relinquishes any right, title, in and to said f�eilities
or my paft thereof. it is further understood and agreed that until the Gity aeeepts
sueh inTfovements, Gity shall have no liability or responsibility in eanneetion with
agreement shall oeettr at sttelt tftne that City, through its City Manager or his d*
appointed te, provides Deve4oper with a writteft aeknowledgment that
aeeepted by the Gity.
E. On all public facilities included in this agreement for which Developer awards his
own construction contract, Developer agrees to the following procedure:
I. Developer agrees to pay the following:
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);
2
100-3
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.
F. The Developer will be responsible for mowing all grass and weeds and otherwise
reasonably maintaining the aesthetics of all land and lots in said subdivision which
have not been sold to third parties. After fifteen (15) days written notice, should
the Developer fail in this responsibility, the City may contract for this service and
bill the Developer for reasonable costs. Such amount shall become a lien upon all
real property of the subdivision so maintained by the City, and not previously
conveyed to other third parties, 120 days after Developer has notice of costs.
G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.)
submitted by the Developer or Contractor on a form other than the one which has
been previously approved by the City as "acceptable" shall be submitted to the City
Attorney for the City and this Agreement shall not be considered in effect until
such City Attorney has approved the instrument. Approval by the City shall not
be unreasonably withheld or delayed.
H. Any surety company through which a bond is written shall be a surety company
duly authorized to do business in the State of Texas, provided that the City,
through the City Manager, shall retain the right to reject any surety company as
a surety for any work under this or any other Developer's Agreement within the
City of Southlake regardless of such company's authorization to do business in
Texas. Approval by the City shall not be unreasonably withheld or delayed.
I. The Developer agrees to fully comply with the terms and conditions of all other
applicable development regulations and ordinances of the City of Southlake.
J. The Developer agrees that the completed project will be constructed in
conformance with the Development Site Plan, Construction Plans and other permits
or regulatory authorizations granted by the City during the development review
process.
II. FACILITIES:
A. ON SITE WATER:
3
1OD-a
�- faeilities will be installed in aeeordanee with plans and speeifieations to be
the final plat of Gornerstone Business Park to the Gity of Southlake. Watet
prepared by the Developer's engineer and released by the Gity. Ftirtlier, the
Developer agrees to eamplete this installation in aeeordanee with Ordinanee No.
in the event that eertain water lines are to be oversized beeattse of Gity of
S��ake requirements, the Gity will rein+ttrse the Developer for the oversize east
greater titan the eost of aft 8" line. Additionally, the Gity agrees to provide
temporary water serviee at Developer's request mid expense, for The Developer Itereby tall water faeilities to serviee lots as shown on
testing and irrigation purposes on4y, to individttal lots during the eonstruetion of
buildings, even thottgh sanitary - - - . -e may not be available to the
buildings. The City agrees to provide ternporary water sefviee at Developer's
request and expense, for eanstmetion, testing and irrigation purposes on4y, to
individual lots during the eonstmetion of buildings, even thottgh sanitary sewer
-- . y not be available to the buildings.
B. DRAINAGE:
Developer hereby agrees to construct the necessary drainage facilities within the
addition. These facilities shall be in accordance with the plans and specifications
to be prepared by Developer's engineers, released by the City Engineer, the City,
and made part of the final plat as approved by the City Council. The developer
�... hereby agrees to fully comply with all EPA requirements relating to the planning,
permitting and management of storm water which may be in force at the time that
development proposals are being presented for approval by the City.
C. STREETS: (if applicable)
If applicable, the street construction in the Cornerstone Business Park, commercial
development of the City of Southlake 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 of street lights; b) Installation of all street signs designating the
names of the streets inside the subdivision, said signs to be of a type, size,
color and design standard generally employed by the Developer and
approved by the City in accordance with City ordinances: c) Installation
of all regulatory signs recommended by the Manual on Uniform Traffic
Control Devices and as directed by an engineering study performed by the
Director of Public Works.
1OD-5
3. All street improvements will be subject to inspection and approval by the
City of Southlake. No work will begin on any street included herein prior
to complying with the requirements contained elsewhere in this agreement.
All water, sanitary sewer, and storm drainage utilities which are anticipated
to be installed within the street or within the street right-of-way will be
completed prior to the commencement of street construction on the specific
section of street in which the utility improvements have been placed or for
which they are programmed. It is understood by and between the
Developer and the City that this requirement is aimed at substantial
compliance with the majority of the pre-planned facilities.
It is understood that in every construction project a decision later may be
made to realign a line or service which may occur after construction has
commenced. The Developer has agreed to advise the City Director of
Public Works as quickly as possible when such a need has been identified
and to work cooperatively with the City to make such utility change in a
manner that will be least disruptive to street construction or stability.
D.
ON SITE SANITARY
A NIT A nV SEWER FAG1 'T T-``:
sewerageThe Developer hereby agrees to install sanitary
serviee lots as shown an the final plat of Gomerstone Business Park to the Gity of
Southlake. Sanitary sewer fteilities will be installed in aeeoklaflee with the plafts
and speeifieations to be prepefed by the Developef's engifteer and released by t4te
with all applieable eity ardinanees, regulations and eodes and shall be responsible
for all eanstruetion > > >
permits aafnd impaet Fees.
E. EROSION CONTROL:
During construction of the subdivision and after the streets have been installed, the
Developer agrees to keep the streets free from soil build-up. The Developer agrees
to use soil control measures such as hay bales, silt screening, hydromulch, etc., to
prevent soil erosion. It will be the Developer's responsibility to present to the
Director of Public Works a soil control development plan that will be implemented
for this subdivision. When in the opinion of the Director of Public Works there
is sufficient soil build-up on the streets or other drainage areas and notification has
been given to the Developer, the Developer will have seventy-two (72) hours to
clear the soil from the affected areas. If the Developer does not remove the soil
within 72 hours, the City may cause the soil to be removed either by contract or
City forces and place the soil within the subdivision at the contractor's expense.
All fees owed to the City will be collected prior to acceptance of the subdivision.
5
1OD-6
� M E RJE-S
ponds,itenderstood by afid between the Gity and Developer that the Garflef stone Business
stteh as aesthetie lakes, ttniqtte e
speeialty walls, and may ifteorporate
vegetation,items stteh as walls, > > >
pond and
lake improvements ttntil stteh fesponsibility is turned over to a homeowners
frssoeiation
6
1OD-7
G. 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 understands that the City shall not be
responsible for the replacement of these amenities under any 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.
H. START OF CONSTRUCTION:
Before the construction of the water, sewer, streets or drainage facilities can begin,
the following must take place:
1. Approved payment and performance bonds submitted to the City in the
name of the City prior to the commencement of any work.
2. At least five (5) sets of construction plans stamped "Released for
Construction" by the City Engineer.
3. All fees required by the City to be paid to the City.
4. The Developer, or Contractor shall furnish to the City a policy of general
liability insurance.
5. A Pre-Construction Meeting to be held with all Contractors, major Sub-
Contractors, Utilities and appropriate Government Agencies.
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
7
1OD-8
AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER,
WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT
`"— LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS,
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 bought against the City, its officers, agents, servants or
employees, or any of them, on account thereof, to pay all expenses and satisfy all
judgements which may be incurred by or rendered against them or any of them in
connection with herewith.
8
1OD-9
D. This agreement or any part thereof or any interest herein, shall not be assigned by
the Developer without the express written consent of the City Manager, which
shall not be unreasonably withheld or delayed.
E. On all facilities included in this agreement for which the Developer awards his own
construction contract, the Developer agrees to employ a construction contractor
who is approved by the City, and whose approval shall not be unreasonably
withheld or delayed, said contractor to meet City and statutory requirements for
being insured, licensed and bonded to do work in public projects and to be
qualified in all respects to bid on public projects and to be qualified in all respects
to bid on public projects of a similar nature.
In addition, the Developer, or Contractor shall furnish the payment and
performance bonds in the name of the City prior to the commencement of any
work hereunder and shall also furnish to the City a policy of general liability
insurance.
F. Work performed under the agreement shall be completed within two (2) years from
the date thereof. In the event the work is not completed within the two (2) year
period, the City may, at its election, draw down on the performance bond, letter
of credit or other security provided by Developer and complete such work at
Developer's expense; provided, however, that if the construction under this
agreement shall have started within the two (2) year period, the City may agree to
``,.. renew the agreement with such renewed agreement to be in compliance with the
City policies in effect at that time.
IV. OTHER ISSUES:
A. OFF-SITE DRAINAGE: NOT APPLICABLE AT THIS TIME
B. OFF-SITE SEWER: NOT APPLICABLE AT THIS TIME
C. OFF-SITE WATER: NOT APPLICABLE AT THIS TIME
D. PARK FEES:
The developer agrees to pay the Park Fee $500 per acre, in accordance with the
Subdivision Ordinance No. 483, Section 7.0. There are approximately 43.3 acres
in Cornerstone Business Park which would bring the total cost of Park Fee to
$21,650.00.
E. TREE PRESERVATION ORDINANCE:
9
IOD-10
All construction activities shall meet the requirements of the Tree Preservation
Ordinance No. 585.
10
1OD-11
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By:
Title:
Address:
Date:
ATTEST:
,. Notary Public
Type or Print Notary Name
My Commission Expires
CITY OF SOUTHLAKE, TEXAS
By:
Rick Stacy, Mayor
ATTEST:
11
1OD-12
Sandra LeGrand, City Secretary
.► Date:
REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT
1. The Letter of Credit (L of C) must have a duration of at least one year.
2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The
City reserves the right to specify the face amount of the letter of credit.
3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of
Southlake. The City reserves the right to approve/disapprove the bank issuing the
Letter of Credit.
4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%)
percent, and has been profitable for each of the last two consecutive years.
5. The customer must provide the City with supporting financial information on the bank
to allow the City to ascertain requirements are met. Suitable financial information
would be the previous two (2) years December 31 Call Reports submitted to the FDIC
and audited financial statements.
`r.r. 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.
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TARRANT APPRAISAL DISTRICT
John R. Marshall
2315 Gravel Road • Fort Worth, Texas 76118-6982 0 (817) 284-0024 Executive Director
Chief Appraiser
September 24, 1997
SEP 2 6 M7
Mr. Curtis E. Hawk
City Manager 0
Citv of Southlake
667 N. Carroll Ave.
Southlake, TX 76092
Dear Mr. Hawk:
The Board of Directors of the Tarrant Appraisal District will be considering the appointment of
members to the Appraisal Review Board (ARB). The ARB is a group of citizens appointed to hear and resolve
disputes between taxpayers and the appraisal district. There will be fifteen (15) positions to be filled before
training begins in early 1998. Some of the 15 positions will be filled by reappointment of existing members
whose terms expire December 31, 1997.
If you would like to make any recommendations of candidates, please submit them to the Board of
Directors by November 15, 1997, if at all possible.
(40" Candidates should have expressed their willingness to serve and have the time to devote to the job. This
is an extremely important position that has a direct effect on how taxpayers feel about the property tax system
and their right to have a fair hearing. Enclosed is a copy of the resolution adopted by the Board of Directors
which outlines the guidelines for appointment to the Tarrant Appraisal Review Board.
In addition, SB841 passed this year by the legislature prohibits former officials, directors, or employees
of a taxing unit or appraisal district from ever being a member of the ARB. Also some mandatory training is
required for ARB members prior to service.
Candidates should provide a brief biography reflecting their background and qualifications. There will
be an orientation session for all interested and recommended members to discuss duties, time coimrniimefit,
compensation, and other items of interest.
Please do not hesitate to contact me if you have any questions.
Sinc ely,
'y hn R. Marshall
JR.M:mm Executive Director
Chief Appraiser
1113-1
RESOLUTION
As Amended January 24 1997
WHEREAS, the Board of Directors ( "Directors") of Tarrant Appraisal
District ("TAD") by resolution of a majority of their members may
set the number of members of Tarrant Appraisal Review Board
( "TARB") at a number greater than three and no greater than thirty
as is necessary to accomplish TARB ' s duties in the manner and
within the time prescribed by law;
WHEREAS, the Directors by resolution of a majority of their mem-
bers appoints members of TARB to hold office for terms of two
years beginning on January 1 and appoints members to fill vacan-
cies for unexpired portions of terms;
WHEREAS, the Directors by resolution of a majority of their mem-
bers may from time to time appoint as many as thirty auxiliary
members to serve on TARB in the capacity provided for in Texas Tax
Code Section 6 . 411; and
WHEREAS, the Directors are authorized by Texas Tax Code Section
6 . 41 (f) to remove members from TARB on certain grounds related to
conflicts of interest and attendance; it is therefore
1 . RESOLVED that members and auxiliary members of TARB must meet
- all requirements imposed by applicable laws, which laws now
require that each member--
a . reside within the boundaries of TAD at the beginning of
and at all times during his or her term of office;
b . have resided within the boundaries of TAD for at least
two years prior to the beginning of his or her term of
office;
C . not be, at the beginning of or at any time during his or
her term of office, a Director of TAD;
d. not be, at the beginning of or at any time during his or
her term of office, an officer or employee of TAD;
e . not be, at the beginning of or at any time during his or
her term of office, an officer or employee of the
Comptroller of Public Accounts of the State of Texas;
f . not be, at the beginning of or at any time during his or
her term of office, an officer or employee of any taxing
unit that participates in TAD;
g. not have served all or part of three previous terms on
TARB;
Page 1 of 4
//13-a
h. not be, at the beginning of or at any time during his or
her term of office, related within the second degree of
consanguinity or affinity to an individual who is en-
gaged in the business of appraising property for compen-
sation for use in proceedings under Title 1 of the Texas
Tax Code involving TAD or any taxing unit that partici-
pates in TAD;
i . not be, at the beginning of or at any time during his or
her term of office, related within the second degree of
consanguinity or affinity to an individual who is en-
gaged in the business of representing property owners
for compensation in proceedings under Title 1 of the
Texas Tax Code involving TAD or any taxing unit that
participates in TAD;
j . not be, at the beginning of or at any time during his or
her term of office, a party to a contract with TAD or
any taxing unit that participates in TAD;
k. not have, at the beginning of or at any time during his
or her term of office, a substantial interest in any
business entity that is, at the beginning of or at any
time during his or her term of office, a party to a con-
tract with TAD or any taxing unit that participates in
TAD;
1 . not have, at the beginning of or at any time during his
or her term of office, any other interests that conflict
with the interests of TARB or TAD and that are prohib-
ited by any law, including the common law relating to
conflicts of interests .
2 . RESOLVED further that in appointing and reappointing members
and auxiliary members to TARB, the Directors shall consider
the following:
a . TARB is required by law to review appraisal records; to
hear and determine protests concerning valuation, eligi-
bility for exemptions, and other matters; to hear and
determine challenges by taxing units; and to hear and
determine motions for corrections of appraisal rolls .
In performing these duties, TARB is a public body sub-
ject to the requirements of the Texas Tax Code and Open
Meetings law and other laws . Accordingly, each candi-
date for appointment to TARB should--
i be generally familiar with or willing to become fa-
miliar with the definition of market value and with
generally accepted appraisal techniques;
ii be generally familiar with or willing to become fa-
(40., miliar with economic conditions that influence the
market value of real and personal property in the
Page 2 of 4
//13-,3
area that TAD serves;
iii be generally familiar with or willing to become fa-
miliar with the types of properties and owners that
may qualify for exemption from taxation;
iv be able and willing to apply the laws to matters
under consideration to the best of his or her un-
derstanding of those laws;
v be able and willing to treat all parties to and
participants in TARB proceedings fairly, impar-
tially and respectfully;
vi be available during his or her term of office to
serve at the call of the chairman as may reasonably
be necessary to constitute a quorum and to accom-
plish TARB ' s duties in the manner and within the
time prescribed by law, and in no case less than
required by the attendance policy below;
vii be able and willing to abide by the policies and to
follow the procedures adopted by TARB;
viii not have been an officer or an administrative or
management employee of TAD or any taxing unit that
participates in TAD during the two years prior to
the beginning of his or her term of office; and
ix not be, during the two years prior to the beginning
of his or her term of office, related within the
first degree of consanguinity or affinity to an in-
dividual who is an officer or an administrative or
management employee of TAD; any taxing unit that
participates in TAD; or any legislative body,
agency, board, commission, department, or office of
the State of Texas that has statewide jurisdiction.
b. TARB serves a diverse population . Accordingly, as
nearly as is reasonably practicable, the membership of
TARB shall be fairly representative of the economic, re-
ligious, cultural, ethnic, racial, and gender groups
that comprise the population that TAD serves .
3 . RESOLVED further that the Directors may, by a majority vote
of its members, remove a member of TARB for violation of
Texas Tax Code Sections 6 . 412 or 6 . 413 .
4 . RESOLVED further that the Directors, by a majority of their
members, hereby adopts the following policy regarding atten-
dance of members (other than auxiliary members) of TARB at
called meetings :
a . each member of TARB shall be available during his or her
Page 3 of 4
term of office to be scheduled to attend meetings of
TARB at least 30% of the number of days on which TARB
(42w, schedules hearings for any month;
b. each member of TARB shall, unless excused by the Chair-
man of TARB, punctually attend all meetings of TARB for
which his or her attendance is scheduled;
C . the Chairman of TARB shall maintain systems for notify-
ing each member of the days on which the Board intends
to schedule hearings during a given month; eliciting
from each member his or her designation of the days on
which he or she is available to attend; scheduling at-
tendance of members as necessary to constitute a quorum
and to accomplish TARB ' s duties in the manner and within
the time prescribed by law, notifying each member of the
days on which he or she is scheduled to atte-nd, excusing
absences and modifying schedules as the Chairman deems
appropriate; and monitoring attendance; and
d. the Chairman of TARB may recommend to the Directors that
a member be removed for failing to meet the requirements
of subparagraphs 4 (a) or (b) above .
5 . RESOLVED further that the Directors may, by a majority vote
of their members, remove a member of TARB for good cause re-
lating to the attendance policy in the preceding paragraph.
ADOPTED THIS 24TH DAY OF JANUARY 1997
Page 4 of 4
1113-15-
c
City of Southlake, Texas
M E M 0 R A NDL- .N/1
October 16. 199-
TO: Curtis Hawk, City Manager
FRO`1: Billy Campbell, Director of Public Safety
SUBJECT: Fire Insurance Rating System
January 1998 is the proposed target date for the enactment by the state of Texas of its new
regulations governing how Texas and the insurance companies will determine the rate that will be
applied to cities for fire insurance coverage.
I
The traditional "key rate system"will be replaced with the Insurance Service Organization or ISO
rating system. Because the new system will affect each and every homeowner and commercial
building in Southlake, I have asked Deputy Director Wilson to compile an overview and history of
ho%% the new system will function internally, how it will affect the home and commercial owners in
Southlake. and to include how city resources should be enacted andior utilized to achieve a desirable
fire coverage rating for the city. Attached is a compilation of information that should be informative
and useful.
It has been the Southlake Department of Public Safety's position concerning fire suppression and i
fire ratings that we, as a city, utilize education and proactive building codes and inspections, coupled
with appropriate water sources and properequipment as o osed to establishing and maintaining
P PPP
numerous facilities that will create a continual drain of tax dollars up to and after build-out. We
belle%e that a proactive plan encompassing public works and public safety will allow the city to
achieve and maintain a reasonable fire insurance rating that will be advantageous to the resident and I
commercial owner in Southlake. As a growing city, we Nyill be able to deal with these issues much
easier. in both engineering and monetary aspects, than those cities that have experienced build-out
or near build-out.
If you have any questions or comments, please contact myself or Deputy Director Wilson.
i
BC%clt
cc: Shana Yelverton, Assistant City Manager
I
` City of Southlake, Texas --
MEMORANDUM
October 15, 1997
To: Billy Campbell, Director, DPS
From: Garland Wilson, Deputy Director, Fire Service
Subject: Insurance Service Organization
In September of 1996 the Commissioner of Insurance held a hearing in Austin on the
deregulation of insurance in Texas. This hearing considered a petition filed by the Texas
Department of Insurance to repeal the existing rating schedule, referred to as the Texas Key Rate
Schedule and rule VI-3-C known as the fringe rule. At this hearing the Texas Key Rate Schedule
along with the fringe rule was repealed.
In January 1998 the new regulations are effective, known as the Fire Suppression Rating
Schedule and the Texas Exception regulated by the Insurance Service Organization and
enforced by Texas Department of Insurance. Texas is one of the last states to adopt the
regulations. However, these rules are not new. Most states have been using them for several
decades. j
i
I
The fire suppression rating schedule is based on the premise that the spread of fire can be stopped
and the damage limited to the building of origin. It is made up of three basic areas with a point
system assigned to each area. The areas are as follows:
Fire Services 50%
Water Services 40%
Communications 10%
The adoption of the fire suppression rating schedule affects residential property insurance in t,,vo
ways.
l. It changes the method of determining the premium charge for residential
insurance.
2. It repeals the fringe rule which allows a town to use another key towns rate for
insurance.
i
Currently residential insurance is largely determined on the basis of three factors.
I
1. The amount of insurance desired
2. The construction of the dwelling
3. The applicable key rate of the city or town in which the risk is located.
t
Billy Campbell
Insurance Service Organization
October 15, 1997
page two
Under the fire suppression rating schedule insurance classifications were developed with a rating
for each city. This range begins with ten at worst and moves down to one at best. Under the
proposed system (January 1998), premiums are developed for individual risk on the basis of
three factors.
l. The amount of insurance desired
2. The construction of the dwelling
I The applicable public fire protection class in which the city or town is located.
Although the method of determining the applicable premium under the two systems appears to
be similar and there is some correlation between the two systems, the existing key rate of a city
may not have a direct relationship to the new classification.
According to the petition filed, this could in some instances cause wide spread changes in
premiums for residential home owners. The petition proposes that these changes be addressed at
the next residential bench mark rate hearing. This proposal indicates that it will address the rate
change in two levels (regional/territorial) in an attempt to produce a revenue neutral
implementation. At this time it is difficult to state the exact changes that will occur. However,
we are able to make changes that will increase our ability to attain a low public classification
rating. According to the newspaper article in Star-Telegram on September 28, 1997 the rate
increase on a house with an average cost of$ 80,000.00 will be around $ 75.00. With the
average cost of housing in Southlake the increase maybe around $ 235.00 per home. This
increase combined with recent increases of 22% for Tarrant County home owners places new
emphasis on compliance with requirements.
l have sent material to those affected by the new fire suppression rating schedule that explains
the requirements on each area that will be affected. Our current public classification rate is six.
This rate was established in 1988 and has not changed. Southlake is a rapidly developing city
with new infrastructure, and we should be able to obtain one of the best ratings in the area. Fire
Service and Communications have complied with requirements listed in the schedules for
equipment and training. We are continuing to comply with areas that are economical or
attainable through the introduction of new improvements as they are built. I have requested a pre-
rate survey with Mike Pietch, the local Insurance Office representative, the week of November
17, 1997. 1 will meet with.Mr. Pietch and identify areas we can improve prior to the actual rate
survey. I anticipate having all areas addressed by the end of January 1998. Southlake's public
classification rate should be less than five. I will request a survey as soon as the identified areas
are addressed.
Please contact me for information or questions you may have.
G',V ow
Attachments: Memo to Bob Whitehead
Memo to Robert Finn
Memo to Johnny Knight
Memo to Billy Campbell
c
City of Southlake, Texas
I
MELIORANDUM
September 27, 1996
j To: Bob Whitehead, Director, Public `Yorks
From: Garland Wilson, Deputy Director, Fire Service
Subject: Texas Department of Insurance ISO Rating
i
i
According to our conversation I am sending you the Insurance Service Organizations guidelines
for water supply. It is imperative that we take advantage of new construction and growth in
water utilities that will comply with the regulations. Please review the guide lines issued by ISO
and take every opportunity to comply with regulations as provided. I realize that some changes
may not be economical or may be unattainable. After reviewing the guidelines please send a
reply to me so I may conduct a review of the total program. With proper attention to detail and
planning we can probably obtain a lower ISO rate for the City by the end of 1997.
If you have questions or comments' please contact me.
GW/gw
Attachments: ISO guideline on water supply
i
xc: Billy Campbell, Director, DPS
i I
� �C— vc
WATER SUPPLY
600. GENERAL:
This iter'; revie,%•s the water suooly system that is available for fire suppression in the city.
601. PART OF CITY UNPROTECTED:
If any built-on area of the city is not within 1.000 feet of a recognized water system, the unprotected area may
receive Class a (See Items 801 and 802).
602. MAXIMUM DAILY CONSUMPTION RATE(MDC):
The maximum daily consumption rate is the average rate of consumption on the maximum day.Tne maximum
day is the 24-hour period during which the highest consumption total is recorded in the latest 3-year period. Hig
consumption tna:will no:occur again due to changes in the system,or that was caused by unusua: operations.
will not be considered.
When no actual figure for maximum daily consumption is available it will be estimated on the basis of consum -
tion in other cities of similar character and climate. Such estimates will be at least 50 percent greater than the
average daily consumption.Wnen a system is in 2 or more service levels,consider the total maximum daily co,-
sumption that must pass through the service level being reviewed.
603. MINIMUM PRESSURE:
A water system is reviewed at a residual water pressure of 20 psi.
604. FIRE FLOW AND DURATION:
The fire flow duration should be 2 hours for Needed Fire Flows(NFFi)up to 2500 gpm,and 3 hours for Neede�
Fire Flows of 3000 and 3500 gpm.
605. SERVICE LEVEL:
A service level is a part of the city distribution system which is served by one or more sources of supply but
which is separated from the remaining distribution system by closed valves, check valves or pressure
regulating equipment, or is not connected.
When a system is supplied from 2 or more sources or supply works,the credit shall be based upon the combine
protection Provided from all sources or supply works.
610. REVIEW OF SUPPLY SYSTEM:
The ability of the water supply system to deliver the Needed Fire Flow (NFFi)at representative locations
throughout the city is reviewed in Items 611 through 616. For each representative location, the supply works.
mains, and hydrant distribution are reviewed separately.
611. SUPPLY WORKS:
The absolute minimum supply available from water sources under extreme dry weather conditions should no:
be taken as the measure of the normal ability of the source of supply. The normal sustained flow of supplies
should be used as the norma! capacity of the source. If the supply is regularly reduced for a period exceedir:
one month per year, prorate the available supply by the time available.
A. Minlmlum Storage (MSt):
The average daily minimum water storage maintained is the maximum amount that can be credited. For
storage floating on the distribution system, only the portion of average daily minimum storage that can be
delivered at the required residual pressure, and for the fire duration at the point of use shall be credited.
(MS) is the sum of all these storages (MS = MSi) available at the test location for the fire duration.
exoressed it gpm.
For _round or below-ground storage, where the average daily minimum storage must be reoumped, the
s:orate is credited,or is limited by pumps under PUi according to the capacity of the pumping facility for,ne
`,ire duration.
Elinor E-8G 25 sooyrignt 1960. insurance Services Otti:=
WATER SUPPLY
611. SUPPLY WORKS: (Continued)
When a city experiences large seasons: fluctuations of population and tnerefore wide variations in con-
sumption, the average daily minimum storage will be considered at the time when consumption is average
for the maximum population.
B. Pumps (PU I):
Pumps should be credited at their effective capacities when delivering at normal operating pressures.The
effective capacity may be limited by filters, softeners, or other devices in suction or discharge lines: and,
when pumping stored water their effective capacity may be limited by the average minimum daily storage.
The total pumping capacity (PU) shall be the sum of all pump facilities(PU = r PU:) available at the test
location, expressed in gpm.
When there are 2 or more puma lifts inseams, the effective pump capacity is the capacity of the lift with the
lowest total capacity.
When the same pumps can operate in 2 or more lifts, they shall be credited in each lift to determine the lift
with the lowest total capacity.
C. Filters(FLI):
Filters may be considered as capable of operating at a reasonable overload capacity based on records.
When filters limit the capacity of subsequent pumping stages,consider them as a pump capacity limit(PUi).
When filters deliver water directly into the distribution system,without pumping,the total filter capacity(FL)
shall be the sum of all filter capacities (FL = r FL;) available at the test location, expressed in gpm..
D. Emergency Supply(EMi):
The ability to utilize emergency supplies through connections from other systems or from separate sources,
storage,or equipment not normally used,shall be considered in reviewing the system.Credit shall be given
for emergency supplies that come in automatically.
Credit will also be given for other emergency supplies when sufficient supply is available on the system be-
ing reviewed to maintain the total rate credited during the period that would elapse before delivery is possi-
ble from the emergency supplies. The total emergency supply capacity (EM) shall be the sum of all
emergency supplies(EM = s EM,)available at the test location, expressed in gpm.
E. Suction Supply (SSI):
Where bays, rivers, canals, streams, ponds, wells, cisterns, or other similar sources are available as suc-
tion supply for fire department'pumpers, the suction supply shall be considered with respect to its ability,in-
cluding accessibility, availability during freezing weather, floods, droughts, or other adverse conditions to
satisfy the Needed Fire Flow(NFFi)at test locations.The total suction supply(SS)credited shall be the sum
of suction supplies(SS = E SS,)at the test location for the fire duration,or the capacir; of the fire depart-
ment pumping equipment, whichever is less, expressed in gpm.
F. Fire Department Supply(FDS):
Supply delivered by fire department vehicles carrying or relaying at least 250 gpm to the fire shall be
credited.This application rate shall be obtained within 5 minutes of arrival at the fire site,and shall continue
for the fire duration of the Needed Fire Flow(NFFi). If the rate of flow can be increased within 15 minutes of
arrival at the fire site.and can be continued for the fire duration of the Needed Fire Flow, the higher rate will
be credited.
The travel time of apparatus shall be calculated from the formula:
T = 0.65 + 1.71D
T = minutes.
D = miles.
Slower soeeds will be used for underpowered apparatus, or apparatus laying hose lines.
The fire department supply (FDS) shall be the capacity of the supply for the fire duration, the capacity of the
source Dumping equipment, the capacity of the delivery equipment.or the capacity of the final delivery pumping
equipment, whichever is least, at the test location, expressed in gpm.
"edition 6-3C \\ 26 (, Zmy-,cn: -_go, ins�,,ance services Office
t
WATER SUPPLY
612. SUPPLY WORKS CAPACITY(SWCI):
Calculate the supply works capacity,considering the fire flow duration,for each representative test location:. ;x-
press the result in gpm.
SWCik = ((MS + PU + FL + EM) — MDC] + SS + FDS; for one supply.
Where 2 or more supplies are available at a test location,
n
SWCi = S' SWCik, where n = the number of supplies.
613. MAIN CAPACITY (MCI):
The normal ability of the distribution system to deliver Needed Fire Flows (NFFi) at those test locations con-
sidered in Item 612 shall be reviewed.The results of a flow test at a representative test location will indicate the
ability of mains to carry water to that location.
If tests are made on 2 or more systems or service levels at the same location, credit will be given for the sum of
the test results on each system, or service, up to the limit of supply, for the fire flow duration at that location.
MCi = Tested gpm at 20-psi residual pressure.
614. HYDRANT DISTRIBUTION (HDI):
This item reviews each hydrant within 1,000 feet of a representative test location,measured as hose can be laid
by apparatus,to satisfy the Needed Fire Flow(NFFi).Credit up to 1000 gpm from each hydrant within 300 feet of
the location,670 gpm from hydrants within 301 to 600 feet of the location and 250 gpm from hydrants within 601
to 1,000 feet of the location.The normal distribution of hydrants in the vicinity of those test locations considered
in Items 612 and 613 shall be evaluated.
When there are 2 or more systems or services distributing water at the same location, credit shall be given on
the basis of the joint protection provided by all systems and services available.
A. Sub-standard type hydrants,with at least one fire department outlet,will be considered if capable of deliver-
ing at least 250 gpm.
B. A cistern or other suction point shall be capable of supplying 250 gpm for at least 2 hours to be recognized.
C. The maximum credit for a hydrant may be limited by A or B above and shall be limited by the number and
size of outlets as follows:
Maximum Credit
At least one pumper outlet 1,000 gpm
Two or more hose outlets, no pumper outlet 750
One hose outlet only 500
HDik is the creditable capacity for each hydrant within 1,000 feet of the test location, expressed in gpm.
n
HDi = HDik, where n = the number of hydrants within 1000 feet of the test location.
615. CAPABILITY OF WATER SYSTEM AT TEST LOCATION (TLCI):
The creditable rate of flow at each test location is the lowest of NFFi, SWCi, MCi or HDi.
616. CREDIT FOR SUPPLY SYSTEM (CSS):
CSS = TLC x 35
NFF
n
TLC = TLC,. where n = number of test locations.
NFF = r NFF,, where n = number of test locations.
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Editior 78C 27 Cooyright t980. Insurance Services Office
WATER SUPPLY
620. HYDRANTS - SIZE, TYPE AND INSTALLATION (PH):
Prorate points from the following subitems according to the number of hydrants of each type compared with the
total number of hydrants.
Points
A. With 6-inch or larger branch,and a pumper outlet;with or without 21/2-inch outlets 100
B. With 6-inch or larger branch, no pumper outlet but 2 or more 21/2-inch outlets, or with small foot
valve or with small barrel 75
C. With only one 21i2-inch outlet 25
D. With less than&-inch branch 25
E. Flush type 25
F. Cistern or suction point 25
Note 1: Deduct 2 points for each 10% of the hydrants not opening in the direction of the majority, or with
operating nuts different from the majority.
Note 2: Deduct 10 points if more than one thread is used for pumper or hose outlets.
Note 3: Maximum points under this item are 100.
621. CREDIT FOR HYDRANTS (CH):
CH = PH x 2
100
SM. INSPECTION AND CONDITION OF HYDRANTS:
Inspection and condition of hydrants should be in accordance with American Water Works Association Manual
M-17.
A. Inspection (HI):
The frequency of inspection is the average time interval between the 3 most recent inspections.
Frequency Of Inspections Points
'/z year 100
1 year 80
2 years 65
3 years 55
4 years 45
5 years or more 40
Note 1: The points for inspection frequency shall be reduced by 10 points if the inspections are incomplete.
An additional reduction of 10 points shall be made if hydrants are not subjected to full system
pressure during inspections. If the inspection of cisterns or suction points does not include actual
drafting with a pumper, deduct 40 points.
Note 2: If there are no records of claimed inspections, deduct an additional 20 points.
B. Condition (HF):
Prorate a factor(H F)from the following list of conditions according to the actual condition of hydrants exam-
ined compared with the total number examined during the survey:
Condition Factor
Standard (no leaks, opens easily, conspicuous, well located for use by pumper) 1.0
Usable 0.5
Not Usable 0.0
Edition 6-&: 28 Cooyrign,1980. Insurance Services Office
WATER SUPPLY
631. CREDIT FOR INSPECTION AND CONDITION (CICr
CIC = (HI) X (HF) X 3
100
SQ. CREDIT FOR WATER SUPPLY(CWSk
CWS = CSS + CH + CIC
Edition 6.80 29 Copyright 1980.Insurance Services Office
TOTAL CREDIT AND CLASSIFICATION
700. GENERAL-
This item develops the Public Protection Classification number by summarizing the credits developed in Items
400 through 640, and by adjusting for the difference in credit between Items 590 and 640.
701. PUBLIC PROTECTION CLASSIFICATION (PPCr
PPC' — 100 — [[CFA + CFD + CWS] — 0.5[1(CWS) — 0.8(CFD)I]]
10
'Raise any decimal to the next higher whole number; e.g. 5.12 6
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Edition 6.80 30 Copyright 19W.Insurance Services Office
City of Southlake, Texas
i
tiff -10RANDU 'NI
September 27, 1996
�I
j To: Robert Finn. Training Coordinator
From: Garland Wilson, Deputy Director, Fire Service
Subject: Texas Department of Insurance ISO Rating
Please review the attached document on Fire Department training and points' schedule published
by the Insurance Service Organization. We should comply with these guidelines on training i
when possible and continue to train to this as a minimum. Please note they require that some
training be over a year to obtain a favorable point rating. This will require research and
documentation on your part, however, it is beneficial to Fire Services and the City. After j
reviewing the information please reply and I will conduct a review of the total schedule with all
I
departments.
GW/gw
Attachments: ISO guideline on training i
xc: Billy Campbell, Director, DPS
I ,
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FIRE DEPARTMENT
580. TRAINING (T): (Continued)
2. Use (FU)
tilultioly the points credit for facilities and aids by the following factors for use of the facilities and aids
by all company members:
Maximum
a. Half-day(3 hours)drills,8 per year(0.05 each). . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 0.40
b. Half-day(3 hours),multiple-company drills,4 per year(0.10 each) . . . . . . . . . . . . . . . . . . . . . . . . 0.40
c. Night drills(3 hours),2 per year(0.10 each).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.20
Note: A single company drill may receive credit under a and c: a multiple company drill may
receive credit under a, b, and c.
(FA)(F U)
Points
B. Company Training (T12):
Company training at fire stations.20 hours per member per month,up to. . . . . . . . . . . . . . . . . . . . . . . . . . 25
C. Classes for Officers (1713):
2 days per year for all officers.up to . . . . . .. . . . . . ... . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 15
D. Driver and Operator Training(TN):
4 half-day sessions per year.up to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
E. New Driver and Operator Training (Tis):
Classes for new drivers and operators,40 hours,up to . . . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
F. Training on Radioactivity(Tie):
1/2 day per member per year . . . . . . . . . .. .. . . . .. .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 1
(iiiiw
G. Recrult Training (Tn):
240 hours per recruit,up to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
H. Pro-Fire Planning Inspections (fie):
Pre-fire planning inspections of each commercial, industrial, institutional and other similar type building
should be made twice a year.Records of the inspections should include complete and up-to-date notes and
sketches. Use the point credit for frequency of inspections from Item 630 times 15/100.
1. The sum of points credited in Item 580.A through 580.H shall be reduced by up to 20 points for incomplete
records (i i9):
581. CREDIT FOR TRAINING (CT):
CT = T x9
100
9
T = Ti
590. CREDIT FOR FIRE DEPARTMENT (CFD):
CFD = CEC + CRP + CPC; + CLS + CRLS + CIS + CCP. + CT
L
\C--vt)
Edition 5-30 24 Copyright 1980. insurance Services Office
City of Southlake, Texas
i
I
MEM0RAtiDUM
September 27, 1996
I
To: Johnny Knight, Deputy Director, Support Services
i
From: Garland Wilson, Deputy Director, Fire Service
Subject: Texas Department of Insurance ISO Rating
According to our conversation I am sending you the Insurance Service Organizations guidelines
for communications. It is imperative that we take advantage of new technology and
opportunities that comply with the regulations. Please review the guide lines issued by ISO and
take every opportunity to comply with regulations as provided. I realize that some changes may
not be economical or may be unattainable. After reviewing the guidelines please send a reply to
me so I may conduct a review of the total program. With proper attention to detail and planning
we can probably obtain a lower ISO rate for the City by the end of 1997.
If you have questions or comments please contact me.
GWi'gw
Attachments: ISO guideline on water supply
rc: Billy Campbell, Director, DPS
\�. - �QV
RECEIVING AND HANDLING FIRE ALARMS
400. GENERAL:
This item reviev s the telephone facilities provided for the general cublic to report fires, the operators on duty at
(aw the ccmmunicat:on center, and the facilities used to dispatch fire department companies to the fire.
410. TELEPHONE SERVICE (TS):
Telephone service for fire alarms should be in accordance with the general criteria of NFPA Standard
1221-Public Fire Service Communications. The needed number of telephone lines reserved for receiving fire
calls and business calls, at any one communication center, is indicated below:
Number of Reserved Lines
Population Served Fire Business
Up to 40,000 1 1
40,001 - 125,000 2 2
125.001 - 300.000 3 3
Over 300,000 4 3
A. Other Emergency Calls:
When emergency calls for other than fire are received over the fire number, double the number of needed
reserved fire lines indicated above.
B. Automatic Equipment:
Automatic telephone dialing equipment used to report alarms from private fire detection systems should
have an emergency line separate from the normal fire and business numbers.
C. Business Number:
When only cne telephone number is listed in the telephone directory, no credit shall be given for a reserved
fire line.
D. Progression:When the number of reserved fire lines equals or exceeds the number of needed fire and business lines,and
(4ow, there is progression in the fire lines, credit shall be given for progression from the fire lines to the business
lines even if there is not progression.
411. REVIEW OF TELEPHONE LINES (TL):
A. Number of needed fire lines provided.up to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 points
B . Number of needed fire,business and private alarm lines provided,uo to. . . . . . . . . . . . . . . . . . . . . . 25 points
C. Progression of emergency calls to business lines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 points
D. If detailed information of a fire is received and transmitted through more than one
communication center, DEDUCT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 points
412. REVIEW OF TELEPHONE DIRECTORY (TD):
A. Fire emergency telephone number printed on the inside front cover or front page of the
white Gages directory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 points
Note: Bian,k lines for the corven,ience of customers, even with headings of FIRE or EMERGENCY, are not eligi-
ble for credit.
B. Both the number to recort a fire and the fire department ousiness number are listed under
"Fire Decarment" in the white pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 points
C. Both the nc:.mber to report a fire and the fire department business number are listed under the
name of t;e city in the white.pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 points
D. If the num.-ers for individual fire stations are listed. DEDUCT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 points
g ccoyr!gnt t_w. Insurance Services Office
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RECEIVING AND HANDLING FIRE ALARMS
413. REVIEW OF RECORDING DEVICE (RD):
With arrangement for immediate playback . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 points
414. CREDIT FOR TELEPHONE SERVICE (CTS):
CTS = TS x 2
100
TS = TL + TD + RD
420. NUMBER OF NEEDED OPERATORS (NO):
The number of operators on duty to handle fire calls should be in accordance with NFPA Standard 1221. No
credit shall be given for operators when the telephone line for reporting fires extends to a number of locations,
such as residences, places of business or fire stations, and no definite schedule of attendance at the telephone
is provided.
421. REVIEW OF OPERATORS (PO):
A. Number of Operators on Duty(OD):
(OD)(80) up to. . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. .. . . .. . . . . 80 points
NO
B. Number of Operators Awake at All Times (OA):
(OA)(20) up to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 points
NO
PO = A + B
-` 422 CREDIT FOR OPERATORS (CTO):
CTO = PO x 3
100
430. DISPATCH CIRCUITS (DC):
Dispatch circuit facilities used to transmit alarms to fire department members should be provided in accor-
dance witr the general criter,a of NFPA Standard 1221. If all responding fire fighters are in the same building as
the communication center, and are alerted, no dispatch circuit is needed. No credit will be given for facilities
which are installed but not used.
431. REVIEW OF DISPATCH CIRCUITS (PC):
Number of Needed Circuits
1 2
Primary Secondary
A. Dispatch Clrcult(s) Provided:
Apply only one of the following for each needed
dispatch circuit. Maximum credit for this subitem is
40 points.
1. Circuit to fire station where personnel are on
duty:
a --ie circuit consists of radio, voice-ampli-
`ication• facsimiie, or teletype facilities. 40 20 20
Edition 6-8C 9 copyright t9so, Insurance Services office
RECEIVING AND HANDLING FIRE ALARMS
431. REVIEW OF DISPATCH CIRCUITS (PC):(Continued)
Number of Needed Circuits
1 2
Primary Secondary
b. The circuit indicates only the box number
or street intersection. 30 15 15
When the circuit indicated above is provid-
ed,and there is a telephone circuit or other
means of transmitting detailed information
to the fire station, add 10 5 5
c. The circuit consists only of a telephone cir-
cuit. 10 5 5
2. Radio Receivers Carried By Members:
The circuit consists of a radio transmitter at the
communication center and receivers carried
by members.
a. Voice receivers. 40 20 20
b. Coded tone receivers. 30 15 15
c. Non-coded tone receivers. 20 10 10
When the circuit indicated in "b" or "c"
above is provided, and there is a telephone
circuit or other means of transmitting
detailed information to the fire station, add 5 3 3
3. Circuit To Outside Coded Sounding Device:
The circuit is to an outside coded sounding
device to notify members. 30 15 15
When the circuit indicated above is provided,
and there is a telephone circuit or other means
of transmitting detailed information to the fire
station, add 5 3 3
4. Circuit To Outside Non-coded Sounding
Device:
The circuit is to an outside non-coded sounding
device to notify members. 20 10 10
When the circuit indicated above is provided,
and there is a telephone circuit or other means
of transmitting detailed information to the fire
station, add 5 3 3
5. Radio To Members' Homes and Businesses:
The circuit consists of a radio transmitter at the
communication center and voice receivers in
the homes and businesses of members. 20 10 10
Edition 6-80 10 Copyright 1980. insurance Services office
RECEIVING AND HANDLING FIRE ALARMS
431. REVIEW OF DISPATCH CIRCUITS (PC):(Continued)
Number of Needed Circuit;
1 2
Primary Secondary
o. Group Alerting Telephone Circuit:
The circuit consists of a group alerting tele-
phone circuit to telephones in the homes and
businesses of members. 20 10 10
7. No Circuit Provided: 0 0 0
B. Supervision of Circuit: 30 30 I C. Dispatch Recording Facilities At Communica-
tion Center: 10 5 5
D. Emergency Power Supply:
Apply only one of the following for each needed
dispatch circuit. When a dispatch circuit is depen-
dent upon power at both transmitting and receiving
facilities,credit the emergency power arrangement
with the ieast points. Maximum credit for this
subitem is 20 points.
1. Batteries and manually-started generator: 20 10 10
2. Automatically-started generator: 20 10 10
3. Manually-started generator: 15 8 8
4. Batteries only: 10 5 5
When strength and duration of batteries meet
Standard, add 10 5 5
5. No emergency power provided: 0 0 0
E. When no circuit Is needed: 100
Note: If some companies and members are notified by one method and others by another method,prorate the points
by the number of on-duty, or eauivalent call or volunteer, members alerted by each method.
432. CREDIT FOR DISPATCH CIRCUITS (CDC):
CDC = PC x 5
100
440. CREDIT FOR RECEIVING AND HANDLING FIRE ALARMS(CFAX
CFA = C T S - CTO — CDC
ECiiion 6-30 ` ��`1`� Copyright?98C. Insurance Services Office
City of Southlake, Texas
MEMORANDUM
September 19, 1996
To: Billy Campbell, Director, DPS
From: Garland Wilson, Deputy Director, Fire Service
Subject: Texas Department of Insurance adoption of the fire suppression rating
system for residential insurance.
On September 12, 1996 Texas Department of Insurance held a hearing on the adoption of the fire
suppression rating system for residential use. This hearing was an opportunity for input from
effected agencies and the public. No negative input was received. Therefore, we may presume
that the changes will proceed as planned. I anticipate the following actions:
January 1997 Texas Department Insurance will freeze all key rates currently established for cities
in Texas.
The fringe rule will be frozen with the key rate and left in effect till last quarter of 1997.
The Insurance Services Organization will adopt the Fire Suppression Schedule and begin using
it for residential and commercial insurance purposes.
Adoption of the schedule will in some instances cause wide spread swings in the premiums for
residential rates.
Wide spread swings will have a cap placed on them for increases and decreases.
Swings in rate changes are proposed to be addressed on two levels. ( Regional and territorial )
These changes are proposed to be as revenue neutral as possible, however, they will be adjusted
over a reasonable time period to match the new rating schedule.
The City of Southlake is currently rated under ISO as a 6 . I have listed the surrounding cities as
a comparison to the area.
Southlake 6
Grapevine 5
Colleyville 4
North Richland Hills 4
City of Southlake, Texas
I
Billy Campbell
Fire Suppression Rating Schedule
September 19, 1996
Page two
j
Keller 5
Richland Hills 5
Trophy Club 6
Flower Mound 5
Hurst 4
Euless 4
I
Bedford 5
i
Southlake was rated in 1986 with the Insurance Service Organization. This rating has been used
for commercial rating purposes since the survey was completed. Residential property insurance
is under the key rate and fringe rule. The new rating system will affect all insurance ratings.
i
I
We have a window of opportunity to change procedures, training, equipment and water
availability that comply with areas the fire suppression schedule that will decrease our overall
rate, result in economic savings for citizens of Southlake before effects of the new ISO schedule
are final. These changes should be considerable in economic savings and minimal in cost to
irrtplement.
I
i
Copies of the fire suppression rating schedule will be sent to divisional directors that are affected.
It is imperative that attention is paid to detail when reviewing the schedules. Higher classification
ratings will be achieved through proper documentation and detail. With the review of the
following areas, Southlake should be able to rate a three or four at the end of 1997.
Communications
Fire Department
Water Supply
i
I
Needed Fire Flow
Fire Staffing
i
i
I
I am available for questions or comments you may have.
I i
Y"
GW/gw
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