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1997-10-07 CC Packet City of Southlake, Texas MEMORANDUM October 3, 1997 i i TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting October 7, 1997 i NOTE: This agenda has more consent agenda items than any previous agenda during my tenure here, all of which are similar in type to what we have had on consent in previous agenda meetings. There are in fact several other items that could be placed on the consent i agenda, but which I will leave to your direction during the work session. Although some may question the large number of consent items, given their routine nature it will enable you to concentrate your time on the non-routine items. Just given the minimum time necessary to discuss even routine items, you would be unable to address all of these during a reasonable timeframe without the consent agenda and still be able to address the substantial development issues. Please let me know your opinion of this type of agenda management for future meetings. Also, note we are now using an upgraded software package and some formatting may be different than what you are used to e.g., italics may be used in place of redline. Actually the italics may be more noticeable because the redline did not always copy well. 1. Agenda Item No 5A Authorization for the Mayor to enter into an Advance Funding Agreement for Standard Highway Projects( (on-System) with TxDOT. This advance funding agreement is required by the State given our commitment to TxDOT to pay $1,000,000 toward the Kimball Road interchange on the S.H. 114 reconstruction project. There are six key points to draw to your attention: Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 2 1. The cover letter from Rondell Fagan requests that Southlake include payment of the $1 million along with the executed agreements; 2. Article 2 and Article 11 of the agreement provide for recovery of indirect costs and payment for increased costs, respectively; 3. The last sentence in Article 11 deals with the terms of a fixed price agreement; 4. Attachment A to the agreement provides that our fixed amount of $1,000,000 includes engine ring and contingencies and indirect costs: 5. Attachment A provides that payment of the $1 million will be paid to the State, upon notification, at least thirty (30) days in advance of the bid opening for the construction contract; 6. I spoke with the TxDOT contract officer who informed me that the cover letter (attached to my memo) is in error in its request for payment along with the execution of the agreement, since TxDOT is not ready to open bids (the bid documents are not yet prepared); i.e., TxDOT is not now requesting payment. 2. Agenda Item No 5B Amend the City's Investment Policy . comply with recent legislative changes to the Public Funds Investment Act. The City's Investment Policy was adopted originally in September, 1993, and amended in November, 1995 as a result of changes made by the Legislature, and in March 1997, in order to address the flexible repurchase agreements and the need to enhance our record keeping for arbitrage purposes. In the last legislative session, changes were made to the Public Funds Investment Act which caused us to initiate a review of our current investment policy. Our investment advisor, First Southwest Asset Management, Inc., examined our current policy and made several recommendations to ensure compliance with the new legislation. The letter from First Southwest Asset Management, Inc. dated October 1, 1997 outlines the suggested modifications. Director of Finance Lou Ann Heath's memo Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 3 specifically details the changes that we are proposing to incorporate in the City's Investment Policy. In the document, the changes have been identified through the use of strikeouts and italics, on pgs. 513-7, 513-12, 5B-17, and 5B-18. 3. Agenda Item No. 5C. Resolution No 97-59 amending the Fee Policy The City's fee schedule is reviewed annually to ensure the fines and fees charged by the City are adequate and appropriate. Each department examines their associated fees and submits their recommendations to the City Manager's Office. These recommendations are taken into consideration during budget preparation. The resolution, presented for your consideration, details the changes suggested by the City staff. In her memo, Lou Ann Heath discusses several recommendations which have been incorporated into the amendments to the fee policy. The most significant change is the acceptance of credit cards as a method of payment. You may recall our previous discussions concerning the use of credit cards to pay for municipal court fines. According to our attorneys, Chapter 132 of the Local Government Code authorizes the City to charge a processing fee in an amount reasonably related to the expense incurred by the City in processing the payment by credit card, not to exceed five (5) percent of the amount of the payment. The Local Government Code also provides that the fee charged by the City for the collecting of a check returned for insufficient funds, may be collected from the person who owes the fee. A service fee may also be charged if, for any reason, the payment by credit card is not honored by the credit card company on which funds are drawn. Note that we are adding this method of payment only for fees, fines, and other charges from municipal court, including traffic citations, warrants, etc. Once we have Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 4 evaluated the cost, convenience to the customer and benefits to the city, an expanded use of credit cards for other city services may result. 4. Agenda Item No. 5D. Award of bid for Highway 26 paving and drainagc modifications at Kimball Avenue. As noted in the memo from Bob Whitehead, we have agreed to participate with Trammell Crow on this project for half the cost of the improvements or $111,500, whichever is less. Since the bid amount was $338,298.04, our cost will be limited to the $111,500, which will be paid when S. Kimball Avenue is completed as a through street to SH 26. If you have any questions, feel free to contact Bob Whitehead at x740 or Ron Harper at x779. 5. Agenda Item No 5E Award of bid for Supervisory Control and Data Acquisition (SCADA). As noted in the memo from Bob Whitehead, the purchase of this system will enhance the remote monitoring of the sewer lift stations in the same manner we now monitor the water storage tank levels and flows. Note that the low bid of $59,695 is within the budget estimate of $70,000. If you have any questions, please feel free to contact Bob Whitehead at x740. 6. Agenda Item No. 5F. 5G. 5H. and 5I. Scope of Services agreement for Keep Southlake Beautiful, Lake Cities Community Band, GRACE, and Metroport Meals on Wheels. These agreements delineate the services provided by the respective organizations in exchange for the monies allocated to them by the City-. Each agreement is substantially the same as the previous years' agreement and representatives of each organization have reviewed the agreements and are satisfied with them. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 5 The amounts agreed to are as allocated in the FY 1997-98 budget. If you have any questions about these agreements, please contact Kevin Hugman at x710. 7. Agenda Item No. 5J. Approval of the revised SPIN boundaries. The SPIN Ordinance (No. 598-A) requires the annual review of the boundaries by the SPIN Standing Committee, with recommendations to City Council regarding needed changes. The SPIN Standing Committee has worked long and hard to develop new boundaries which addressed problems such as (1) not easily defined SPIN Neighborhood boundaries, (2) subdivisions divided into two SPIN Neighborhoods, and (3) disproportionate populations (therefore workload) in the various SPIN areas. The memo from Nona Whitehead, Community Services Coordinator, summarizes the changes and the reasons for them. The SPIN Standing Committee was unanimously in favor of the revised boundaries. There are no SPIN representatives who will lose their place as a result of the changes. There will be some SPIN vacancies due to resignations, and these changes will be incorporated into the normal representative selection process. Terms for representatives of odd numbered SPIN neighborhoods expire this year and the selection process will begin in November. You will note that the Solana area annexed by the City is included in the revised boundaries, but is shaded. This is because we have not yet changed any of our base maps, so we felt this area should be shown differently. 8. Agenda Item No 5K Award of bid for slurry grouting of pipe bedding and repair of concrete street pavement at Timarron Bent Creek Subdivision. This contract will initiate the process of ameliorating the street failures in Timarron. The chronology of Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 6 events regarding this project are presented in the memo from Bob Whitehead. Following Council's rejection of the June 1997 bid, the project was divided into phases to spread the cost over several years. This is the first of three phases in the project, and according to our consultant's recommendations, the area most in need of repair. Funds for this project were budgeted in the FY 1996-1997 CIP Budget. However, note that $650,000 was allocated for the project in its entirety, and this bid of $436,440.30 is for only one of three phases. 9. Agenda Item No. 5M Authorize the Mayor to sign a contract extending the North Central Texas Council of Governments'' Composting Grant. The composting grant, received from the North Central Texas Council of Governments in February of 1996, was intended to educate the residents of Southlake about backyard composting. This has been an extremely successful program with over three hundred Southlake residents being trained in backyard composting. However all of the bins were unable to be distributed prior to the original completion date of the contract. Staff therefore requested, and was granted, an extension from NCTCOG until November 30. A grant budget amendment is also being requested which will allocate $3,000 of excess funds from supplies to be used to hire contract instructors. 10. Agenda Item No 5N Extending the validity of Case No 95-24 Variance to the Subdivision Ordinance, Lot 2R1, Block C. Commerce Business Park This. is a plat which has expired. The applicants have now submitted their mylars with the appropriate signatures necessary to file the plat, but staff cannot file the plat without approval of this variance. Feel free to contact Dennis Killough at x 787 regarding any questions you might have on this request. This action has been handled as a routine Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 7 action in every case but one in the last 4-5 years, with the one exception you will recall being the 37 acres east of Woodland Heights. 11. Agenda Item No. 50. Resolution No 97-65. Supporting the Streamlined Transportation Efficiencygram for the 21st Century, ( T . 1). The North Central Texas Council of Governments, and specifically the Regional Transportation Council, is requesting that local governments pass resolutions supporting the STEP21 program. The program is part of an Act currently before Congress, which addresses funding formulas for the distribution of transportation funding among the states. RTC has asked local governments to become "working partners" in the support of future transportation legislation that is good for the North Central Region. They believe this is a first step in ameliorating some of the federal funding inequities Texas has experienced in the past. Note that most of the Metroplex local governments have passed this resolution, including the City of Grapevine. 12. Agenda Item No 5P Authorize the Mayor to enter into an amended Developer Agreement for Northwood Park Phase I and Bryson Square Phase I. located on the east side of Byron Nelson Parkway. south of Rockenbaugh Elementary School. There are no significant issues with this item. The developer simply included only the first 79 lots in the original developer's agreement, even though the construction plans included all 139 lots. The amended agreement addresses the additional lots in this second phase. If you have any questions, please feel free to contact Ron Harper at x779 or Bob Whitehead at x740. 13. Agenda Item No. 5R. Authorize the Mayor to enter into a Developer Agreement for South Hollow. Phase II, located at the north side of East Continental Boulevard, proximate y_ 1.100 feet east of the intersection of Carlisle Lane and East Continental Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 8 Boulevard. This is a standard developers agreement, with only two items which warrant brief clarification. First, the final plat for this development was filed prior to the adoption of the new park dedication fee, therefore, the park fees will be based on the previous rate of $500.00 per lot or $8,500. Second, street impact fees will be assessed on this project. In May of 1996, in the developers agreement for Phase I, the developer and the City acknowledged that the property was subject to an existing perimeter street fee, which would have been required at the time of the preconstruction conference. However, the Developer requested that as an alternative to the payment of the perimeter street fee, the property within the addition be subject to the roadway impact fee once it was adopted. 14. Agenda Item No. 5S. Change Order No 2 20-inch water line from East Southlake Boulevard to proposed water tower located in Miron Addi inn. As noted in the memo from Bob Whitehead, this change order will help to alleviate the low water pressure being experienced in a portion of Oak Tree Estates. The installation of the additional 20" water line and 12" gate valves will allow for the planned installation of the 12" water line to be done sooner and raise the water pressure in the affected area. Note that this change order, along with change order no. 1 which provided for the casing at the Byron Nelson crossing, totals less than the 25% maximum allowed by Chapter 252.048 of the LGC. 15. Agenda Item No 7A 2nd Reading Ordinance No 480-257 ZA97-115 Rezoning and Concept Plan for Elevated Water Storage Tank at Miron Addition There are no unresolved technical issues related to this submittal. Note from the Staff Report that a supermajority vote will be required for approval due to the opposition from the residents to the south. Council approved the first reading 7-0 on the consent agenda. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 9 Feel free to contact Dennis Killough at x787 regarding any review aspects, and Bob Whitehead at x740 regarding any layout or technical aspects of the proposed site. 16. Agenda Item No. 7B. 2nd Reading Ordinance No 480-258. ZA97-116, Rezoning and Concept Plan for Ground Water Storage and Pump Station No 2 at T W King site, There are no unresolved issues regarding this request. There are two items remaining on the Concept Plan Review Summary. Our consultant, Cheatham and Associates, says that they will not have a problem relocating the flume and will be able to comply with item 1. We will still need a waiver of item 2 regarding driveway spacings. Public Works Department will need both driveways in order to service the pump facility. These drives will have very little use on a daily basis. Council approved the first reading 7-0 on consent agenda. Feel free to contact Dennis Killough at x787 regarding any review aspects, and Bob Whitehead x740 regarding any layout or technical aspects of the proposed site. 17. Agenda Item No 7C Ordinance No 680 2nd reading Abandoning a portion of Cly right-of-way located at Southlake Park Road Ea t. There are no changes to this item since City Council approval on first reading on September 16, 1997. 18. Agenda Item No 7D ZA 97-108 Revised Site Plan for Carroll High School, There are no unresolved issues regarding this request with the exception of those items listed in the Site Plan Review Summary. The Planning and Zoning Commission recommended approval 7-0 with the recommendations noted in the Staff Report. One particular recommendation causes concern for staff due to potential differences of opinion on the application of the recommendation. The P&Z recommended that a cost be calculated for all the canopy trees, accent trees, and shrubs in the south and east bufferyards and then that cost be used to plant Mondell Pines. Staff is currently trying Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 10 to estimate that cost, and upon doing so, would prefer that an actual number of pines at a certain size be stated so that there are no arbitrary areas to resolve regarding this recommendation. There is considerable concern about this project from adjacent residents, more particularly focused on the stadium location. These are questions that the CISD representatives are going to need to answer. Feel free to contact Dennis Killough at x 787 or Greg Last at x 750 regarding this request. 19. Agenda Item No. 7E. Resolution No. 97-63. ZA97-121. SUP for child care for St. Martin-In-The-Fields' mothers day out program. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval 7-0. Feel free to contact Dennis Killough or Karen Gandy regarding this request. 20. Agenda Item No. 7F. Resolution No. 97-64. ZA97-122. SUP for child care for Southlake Church of Christ. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval 7-0. Feel free to contact Dennis Killough x 787 or Karen Gandy at x 743 regarding this request. 21. Agenda Item No. 8A. lst Reading, Ordinance No. 480-259, ZA97-111, Rezoning from AG to SF-lA for 9.814 acres, 503 W. Highland St. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval 7-0. Feel free to contact Dennis Killough at x 787 or Karen Gandy at x 743 regarding this request. 22. Agenda Item No. 8B. Ordinance No. 683. 1st reading. Sidewalk Ordinance. As described in the memo from Kim Lenoir, two sidewalk ordinances are being presented to you at this time. One was recommended by the Park Board and the other was approved by P&Z at their September 18 meeting. The substantive difference between Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 11 the two versions is the content of Section 2.01. The Park Board recommended providing Council and P&Z the option of requiring sidewalks in areas that were not required by any other section of the ordinance. P&Z approved the ordinance with this section removed. Both of these versions have been reviewed by the City Attorney and are legally valid in form and content. Staff is requesting your recommendation for the wording to incorporate into the ordinance prior to second reading. 23. Agenda Item No 8C. 1 t Reading. Ordinance No 480 260 ZA97 118 Rezoning and Concept Plan for a Senior Center There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval 7-0. Feel free to contact Dennis Killough at x 787 regarding any review comments, as well as Shelli Seimer, Community Services Coordinator at x 806 or Shawn Poe, Capital Projects Coordinator at x 846, regarding any plans for this senior center. This item could be placed on consent agenda by City Council for first reading unless you have questions that cannot be answered at work session. 24. Agenda Item No. 8D A97-123 Preliminary Plat for Stonebridge Park There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval 7-0 allowing the lot line between lots 1 & 6 as submitted. Feel free to contact Dennis Killough at x 787 or Greg Last at x 750 regarding this request. 25. Agenda Item No. 8E A97-124, Revised Preliminary Plat for Timarron Addition Village `H'. There are no unresolved issues regarding this request. The Planning and Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 12 Zoning Commission recommended approval 6-0-1. Feel free to contact Dennis Killough at x 787 regarding this request. 26. Agenda Item No. 8F. Ordinance No. 572-A 1 t reading, amendment to the 1991 Edition of the Uniform Fire Code. This ordinance and the accompanying ordinance to amend the Uniform Building Code are a proactive attempt to reduce the cost to the City and our citizens for fire protection. The current code requires sprinklers in commercial buildings when the square footage exceeds 6,000 square feet on any single floor, or 12,000 square feet on all floors. This wording caused difficulties in requiring sprinkler systems in buildings which were two story, but not in excess of 12,000 square feet. The proposed amendments will address this problem by requiring all new commercial developments greater than 6000 square feet to install automatic fire extinguishing systems. These proposed amendments will also be beneficial when we submit our application to receive our Insurance Service Organizations (ISO) rating. Deputy Director of Fire Services Garland Wilson is preparing a report discussing the ISO rating process and the progress made by the City since our last rating in 1986. This report will be presented to City Council as a separate discussion item at the October 21, 1997 Council Meeting, but will also be useful for your review prior to consideration of these two ordinances on second reading. 27. Agenda Item No 8G Ordinance No 619-A 1 t reading, amendment to the 1994 Edition of the Uniform Building Code. This amendment is identical to the modification to the Uniform Fire Code described in the previous item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 13 28. Agenda Item No. 8H Ordinance No 687 1 t reading. Designating E. Highland Street between 800 - 11W block as a two-way street and repealing Ordinance No 3M This item is on the agenda as a result of repeated questions by citizens regarding the need to maintain Highland between S.H. 114 and Carroll as a one-way street. It is my understanding that this section of Highland was made a one-way street by City Council in 1987 at the request of CISD. Both Director Campbell and Director Whitehead have suggested to me that there appears to be no valid reason to continue to maintain the one-way street. We have recently spoken to CISD officials and were informed that they believe it would be advantageous for the roadway to be returned to a two-way status. We have received mixed comments from residents and others who use the private school on Highland, however, we are not sure there is any advantage to the private school to leave the street one way. There will be obvious turning conflicts due to the off-sets at Highland and Carroll, but we will not be able to ascertain the extent of the conflicts until such time as the street is returned to two-way status. Should City Council decide to approve Ordinance 687, we will closely monitor the intersection to see what additional controls may be needed. The long-range plan will be to remove the off-set when the roads are upgraded. 29. Agenda Item No 9A Resolution No 97-66 Designating City of Southlake's Nominee to the Tarrant Appraisal District (TAD) Board of Directors. Attached is a letter from TAD Executive Director John R. Marshall informing the City of its nominating and voting rights for appointments to the TAD Board of Directors. Note in the letter that the terms of all five members expire in December, however, they have all indicated a willingness to serve another term. Terms are for two years. You may recall that on July 16, 1996, City Council passed Resolution No. 96-48 nominating Mike Davis to Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 14 fill the unexpired term of Mac Wilburn. Mr. Davis was also supported by the City of Grapevine, the GCISD, and the CISD. Although a nomination does not need to be made if you wish the membership to stay the same, a resolution has been prepared for your consideration that allots all twenty-five (25) votes from Southlake to go toward Mr. Davis, hopefully increasing the likelihood of a local area representative being appointed. 30. Agenda Item No. 10A. Authorize the Mayor to enter into a Developer Agreement for Georgetown Park. Phase II. There are no significant issues regarding the developer's agreement. It covers the extension of a water line to serve the development. 31. Agenda Item No. 10B. Authorize the Mayor to enter into a revised Developer Agreement for Kirkwood Hollow, Phase I. located on the west side of North White Chapel Boulevard at the intersection of Sweet Street and North White Chapel Boulevard. This is a fairly involved developer's agreement with Maguire Thomas Partners/IBM. An original developers agreement was approved by Council on May 7, 1996. However, at that time, the developer chose to delay development and did not execute the approved developers agreement. MTP/IBM has now determined that they wish to proceed with development and have resubmitted the developers agreement to Council with several changes described in the memo from City Engineer Ron Harper. The most significant of their changes is the requested improvements to Dove Road, that they wish to have completed by July 1998. Our current CIP Program has this project funded in the 1998-1999 budget year, however, we believe there may be alternatives which will allow the improvements to be moved up on the schedule. Staff will have a recommendation to City Council by Tuesday night. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 15 32. Agenda Item No 11AStandards of Care. This policy is brought forward for your input before we actually place it on the agenda for consideration. As noted in the memo from Kim Lenoir, minimum standards of care are required to be adopted by cities which have youth programs, such as our after-school programs, summer day camp, spring break camp, etc. Even though these programs are not day care programs, but are instead recreational in nature, we are still required to adopt standards. Councilmember Fawks assisted in drafting this policy, and the Parks and Recreation Board has reviewed and recommended this draft at their September 8, 1997 meeting. There are several minor changes that need to be made in the section dealing with staffing. We will effect these changes prior to first reading of the ordinance. If you have any further questions, please feel free to contact me or Kim Lenoir at x 757. 33. Agenda Item No I IB Neighborhood Sewer Program We have previously discussed the problems with participation in the Neighborhood Sewer Program. It appears that the major obstacle to a higher participation by residents is the cost of connecting from the residence to the City's sewer line. We have discussed previously the option of encouraging homeowners to work with the local lending institutions to arrange for private financing for the sewer extension on private property. There is another option that we feel we should discuss with you: the City setting aside funds to "lend" a helping hand to the residents. There is a provision in the LGC which will allow for this. We will discuss this Tuesday night in greater detail to see if City Council has an interest in using this method to increase our participation rates in the Neighborhood Sewer Program. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 . Page 16 34. Agenda Item No. 11C. City Council/P&Z Executive Work Session, Zoning Administrator Karen Gandy made arrangements with City Attorney E. Allen Taylor to conduct an executive work session to discuss impervious coverage, among other things. Due to Allen Taylor's schedule, the earliest date possible is Tuesday, November 25, at 6:00 p.m. (the week of Thanksgiving). Karen polled the Planning and Zoning Commission members at their LUP meeting Thursday night, and all members indicated they could meet at that time. Please contact Karen Gandy at x 743 to inform her of whether or not you can attend or if you have any questions prior to the meeting. OTHER ITEMS OF INTEREST 35. SPIN Summit Update, Dr. Richard L. Cole, Dean of the School of Urban and Public Affairs and Interim Dean of the School of Social Work at the University of Texas at Arlington has agreed to be the moderator for the October 26 Summit of Community Leaders. Dr. Cole's long list of credentials and accomplishments include being the author of a book (and numerous articles) about citizen participation in local government. Summit participants have until October 15 to decide which, if any, projects they will advocate at the Summit event. All Councilmembers are encouraged to attend the 2:00 p.m. reception for special guests at Carroll High School Auditorium. 36. 40th Anniversary Celebration. Night on the Town...in Southlake, the final event for the City's 40th anniversary, was held Saturday, September 27 at the Southlake Towne Square site. The night was a tremendous success and attendance was near 1000. The ground breaking ceremony included an introduction from Mayor Stacy, detail of plans from Architect David Schwartz and a list of coming retailers from Developer Brian Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 17 Stebbins. Dinner was catered by Mi Cocina, one of the restaurants coming to Towne Square. The Heritage Gunfighters kicked off the Southlake history portion of the evening and were followed by brief speeches from three long time Southlake residents: Glen Burgess, Zena Rucker, and Jack Wiesman. Commemorative bricks, t-shirts, and holiday ornaments were sold to attendees. Net proceeds from the brick sales will benefit the Carroll Education Foundation and the Senior Adult Activity Center. 37. Land Use Plan Update. The 1997 Land Use Plan update was again discussed at a Planning and Zoning Commission work session last Thursday evening. Outstanding issues in Study Area `A' were partially resolved, and Study Areas `C' and `D' were preliminarily finalized. The next LUP work session is scheduled for October 16, 1997, where the finalization of Study Area `A' and opening discussion of areas `E' and `F' will occur. Feel free to contact Greg Last at x750 or Chris Carpenter at x 866 if you have any questions regarding the 1997 LUP update. 38. Tree Preservation Ordinance Update Staff has prepared a revised ordinance based on the recommendations of the workgroup reviewing the ordinance revisions. This draft has been disseminated and will be discussed at a meeting next Monday evening. We will bring you up to date on any conclusions drawn from the Monday meeting during the City Manager's report. We are anticipating having this item as a discussion item on your next agenda. 39. Commercial Developer's Roundtable. The quarterly Commercial Developer's Roundtable was held on Friday, September 26, with over 25 people attending including brokers, developers, leasing agents, and landowners. Also attending were Mayor Stacy, Councilmembers Mueller and Martin, Planning and Zoning Commissioners Murphy, Creighton, and Edmondson, and SPIN representatives David Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 18 Baltimore and Al Morin. One of the main purposes of the meeting, per the direction of Council at the June retreat, was to obtain input from development representatives regarding economic development needs in the City. Prior to the roundtable, Kate Barlow, Economic Development Coordinator, prepared and distributed a survey regarding the perceived importance of various economic development activities to the development community. The responses and various aspects within the survey were discussed in a candid forum. Based on feedback received after the meeting, it seemed to be a positive experience for all involved. Attached to my memo is a summary of the surveys that were sent to the developers, as well as a comparison of their ratings with those of City Council from the June retreat. Feel free to contact Greg Last at x 750 or Kate Barlow at x776 if you have other questions. 40. Other Economic Development Activities The Texas Economic Development Council (TEDC) held a golf tournament at Timarron Country Club on September 16th as part of their annual conference. Based on feedback Kate Barlow received from economic development professionals who participated, an overwhelming majority were "amazed" at Southlake's outstanding commercial and residential development. This event provided exposure to many people who had never visited, or were not familiar with, the City of Southlake. A copy of the program from TEDC's annual conference is attached to my memo. The Economic Development staff has initiated a meeting of several northeast Tarrant County economic development professionals. The meeting will be held in Southlake on October 14. The purpose of the meeting is to discuss common issues within the area, and establish a framework for sharing vital statistics for the region which should benefit each city in the area. At this time, 10 of the 14 cities represented plan to attend. If you have any questions, feel free to contact Kate Barlow at x 776. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 19 41. Community Development Staff available at Tuesday's City Council meeting For the first time that I can remember, neither Karen Gandy or Greg Last will be in attendance at the Council meeting next Tuesday. It has always worked out that one or the other could be in attendance. Karen is celebrating her 25th wedding anniversary that night, and Greg is presenting a paper on "Architectural Standards in Small Communities" at the state chapter meeting of the American Planning Association in Galveston. Both of these activities are important to them personally. Karen's "event" is a maul one. Southlake is on the leading edge in that area and Greg was asked to present our approach to handling the regulation of building aesthetics. Chris Carpenter, Comprehensive Planner, and Dennis Killough, Senior Current Planner, will be at the meeting to present and discuss reviews respectively. Chris and Dennis normally handle the Planning and Zoning g very meetings and are familiar with Y the reviews and the ordinances, so we feel they will be able to address any questions that you might have. Greg and Karen will be available for questions through Tuesday noon. If you discover questions that might require their input, we would appreciate you raising the issues either during the Monday lunch briefing, or with them prior to their leaving. This will enable them to have time to brief the other members of the staff who will be present at the Council meeting. 42. Public Safety Reports. Attached you will find reports from Director Campbell regarding the stand-off situation two weeks ago, a period in which DPS experienced a high incidence of traffic accidents, and a burglary ring operating in the Metroplex that has been targeting Home Depot stores. I encourage you to read his reports as they highlight some of the issues DPS is currently facing, or will soon face. If you have Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 20 any further questions, please feel free to contact Deputy Director Gregg at x 733 next week, or Director Campbell upon his return from vacation after next week. Also FYI, attached is a copy of Director Campbell's public appearances regarding the Crime Control and Prevention District. 43. Note the attached request from Grapevine/Southlake Soccer Association for field chalking, and response from Director of Parks and Recreation Kim Lenoir. 44. Senior Center Update. The renovation of the Eubanks' house into a senior/adult activity center is beginning to take shape. As you recall, we are trying to recruit volunteers and' obtain donated materials for the project. Over the past few weeks several area businesses have offered their services or materials. The following organizations have agreed to provide either services or materials: Sun Coast Architects F. C. LeVrier Lanny Tate Cooper and Stebbins James A. Arnold Construction, Inc. Mid Cities Ready Mix Reynolds Asphalt Decker Mechanical, Inc. Harrell Custom Homes, Inc. Hutson Constr. Co., Inc. La Baron's Land & Investments Keep Southlake Beautiful Mario S. Molina Construction Co. Laidlaw Waste Systems Howse Bros. Kroger JE Levitt Engineers TU Electric National Charity League Southlake Women's Club Women's Division of the Chamber of Commerce Joe Wright Southlake Women's Society Home Depot Burgess Electric Orzech Electric We are still seeking volunteers, especially those with experience in the skilled trades. The project kicks-off on October 25th. Volunteers will be working from 8:00 a.m. until 5:00 p.m., on both Saturday the 25th and Sunday the 26th. Please sign up to join Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 3, 1997 Page 21 us on Make a Difference Day and/or October 26 to either volunteer or observe the activities. 45. FYI, note the written opinion from the City Attorney concerning Councilmember Scott Martin. This opinion was requested by Scott. a w 0 00 00 O CA p CD c 00 (� � 8 f7 '" n O• C n " '� `� CAt7 � CAr9 C: ;� � c n � ,� R `e o a'tl0 ►C ° 00 7 � Stoo r. 00 b C n r. b �• yN 00 y � o N z a 0 to o " `TI—� G O - _n 9 0 C U�Q CD C D ON \0 00 :� WO (� t3 S g'O m ^t3 0o w w O p w w w p G. s �p � 1 �° �• v c4 o r 3.� � � �- b v � ten, � � O w R° C ;; o y R° 7d o0 Z N W RI73 ZP � C Lj Li Li ch 00 CD N o n� v Texas Department of Transportation P.O. BOX 6868•FORT WORTH, TEXAS 76115-0868•(817) 370-6500 _ September 8, 1997 SEP 1 1 199 Ur Mr. Curtis Hawk, City Manager City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 SUBJCET: Advance Funding Agreement CSJ: 0353-03-053 SH 114 From 0.5 miles West of Kimball Road To: FM 1709 Tarrant County Dear Mr. Hawk: Attached are two copies of an Advance Funding Agreement between the City of Southlake and the State of Texas for the construction of the above project. Both copies of this agreement should be properly executed and returned to this office as soon as possible. Along with the executed agreements, please include a check or warrant made payable to the Texas Department of Transportation in the amount of $1,000,000.00. This amount represents the City's fixed portion of the project costs. If you have any questions or comments, please contact Mr. Randy Burkett at (817) 370-6804. Sincerely, Rondell G. Fagan, P.E. Director of Transportation Planning and Development JHM Attachments An Equal Opportunity Employer City of Southlake, Texas MEMORANDUM September 30, 1997 TO: Curtis E. Hawk, City Manager FROM: Kate Barlow, Economic Development Specialist SUBJECT: TEDC Golf Tournament Played At Timarron Country Club The invitational golf tournament of the Texas Economic Development Council's (TEDC) 1997 Annual Conference was played at Southlake's Timarron Country Club. Based on conversations with John Prickette, Sr., TEDC President, and other TEDC members, tournament participants, many of whom visited Southlake for the first time, could not believe the outstanding quality of the city's residential and commercial development. This event, providing free advertising for the city, showcased our remarkable development to a group of professionals involved with economic development on a daily basis. A copy of TEDC's annual conference program is attached. Staff attended the awards luncheon. KGB cc: Greg Last, Community Development Director C O Rlasterini Tomario 's Challenges `� U 1997 ,annual Conference September I6-19, 1997 Radisson Plaza Hotel Fort Worth Texas Economic , De�elopmenf� _ Council 8:30-1 1:30 a.m. TEDC Committee Meetings 8:30 a.m. International Business Development(Texas A) 9:00 a.m. State Agencies Relations(Texas 8) 9:00 a.m. Community Training/Education(Citizens C) 9:00 a.m. Conference'97(Texas C) 10:00 a.m. Legislative(Crystal C) 10.00 a.m. Membership(Citizens A) 11:00 a.m. Awards(Citizens A) 11:00 a.m. Economic Development Sales Tax(Crystal C) �Ielcome to the 1997 TEDC ,annual 9:45 - 10:00 am. Refreshment Break and Exhibits C-Dnf ewence 1 1:30 a.m.- 1:00 p.m. New Member and FirstTimers' Luncheon P■"tram Crystal D LONE STAR GAS Tuesday, September 16 1:00-4:30 p.m. TEDC Committee Meetings 9:00 a.m.- 5:00 p.m. Conference Registration 1:00 p.m. Millennium 2000(Citizens A) Radisson Plaza Hotel 1:00 p.m. Constitution&Bylaws(Citizens C) West Promenade,Second Floor 1:00 p.m. Workforce Development(Crystal C) 2:00 p.m. Agri-Business(Texas A) Noon - 5:30 p.m. John F.Prickette,Sr. 2:00 p.m. Research&Surveys(Citizens C) Invitational Golf Tournament 3:00 p.m. Newsletter/Communications(Citizens A) 3:00 p.m. Texas Marketing Team(Crystal C) Timorron Country Club,Southlake 2:30-2:45 p.m. Refreshment Break and 1:I 5 -5:30 p.m. Fort Worth Tour Exhibits •Revitalized Downtown Promenade •Mercantile Center •Fossil Creek 4:30-6:30 p.m. Executive Committee Meets •Alliance •BNSF Network Operations Tour begins with an overview.(Texas B) 6:30-8:00 p.m. Welcome Reception Buses then depart from the Main Street Radisson Plaza Hotel entrance of the Radisson Plaza Hotel. Crystal &B SOUTHWESTERN CONSTRUCTORS 8:00 P.M. Dinner onYour Own 6:00-8:00 p.m. Reception & Dinner Choose from the many fine Timamon Country Club,Southlake restaurants in downtown Fort Worth—all within walking OUTLOOK distance of the hotel. WORLD • • DEVELOPMENT 8:00 P.M. Past Presidents' Dinner The Reata Wednesday, September 17 —by invitation--- OR • ROUP 8:00 a.m.- 5:00 p.m. Conference Registration THE Radisson Plaza Hotel West Promenade,Second Floor 8:00 am.- 5:00 p.m. Exhibit Booths Open Promenade Thursday,September 18 10:30- 1 1:45 a.m. Concurrent Breakout Sessions: 8:00 am.-5:00 p.m. Conference Registration #1 "The Power of Positive Leadership" Radisson Plaza Hotel Crystal A West Promenade,Second Floor Speaker: Ray Pelletier,CSP, 8:00 am.- 5:00 p.m. Exhibit Booths Open The Pelletier Group Promenade Presiding: 8:00 am. GENERAL SESSION Bill Ridgway, CONVENES City of Bedford Crystal & B #2 "Designing and Promoting Your 8:00-8.15 a m. Opening Remarks Economic Development Website" ' Crystal B John F. Prickette,Sr., Speaker: President,Texas Economic M.L. Du Brow,CED, Development Council SelecTown TU Electric Welcome Presiding: Bill Diamond, The Honorable Kenneth Barr, Kenneth Balk&Associates Mayor of Fort Worth #3 "Successful Characteristics of 8:15-9:15 a.m. KEYNOTE PRESENTATION Training Consortia" "The Magic of Change" Texas B Speaker: Speakers: Ray Pelletier,CSP, Susan M.Couch, Ph.D,Dean, The Pelletier Group Workforce& Continuing Education, Vernon Regional Junior College Presiding: Kathy Mayfield, J.Michael Chism,Vice President, City of Rowlett Richardson Chamber of Commerce/ Telecom Corridor Technology 9:15- 10:15 am. "Net Impact: The Future of Business Council the Web and Economic Development" Norm Stewart,Dean, Speaker: Continuing Education &Workforce M.L. DuBrow,CED, Development SelecTown Dr. David Wells,Provost, Tarrant County Junior College Presiding: Bill Diamond, Presiding: Kenneth Balk&Associates Pat Nowotny, 10:15- 10:30 am. Refreshment Break and Greater Waco Chamber of Commerce Exhibits Noon -1:45 p.m. 1997 Community Economic Promenade Development Awards Luncheon Crystal C&D Presiding: John F.Prickette,Sr.,President, Texas Economic Development Council 2:00-3:15 p.m. Concurrent Breakout 4:15 - 5:00 p.m. Exhibitors' Reception Sessions Share refreshments with (repeated) our special supporters. #1 "The Power of Positive Leadership" Promenade Crystal A Speaker: 6:00- 10:00 p.m. Evening at the Ray Pelletier,CSP, Texas Motor Speedway The Pelletier Group Buses will depart from the Main Street entrance of the Presiding: Radisson Plaza Hotel at Bill Ridgway, 6:00 p.m. City of Bedford #2"Designing and PromotingYour TARRANT COUNTY COALITION Economic Development Website" Crystal B Friday, September 19 Speaker: M.L. DuBrow,CED, SelecTown 7:00-9:00 a.m. Board of Directors Working Breakfast Presiding: Crystal B Bill Diamond, Kenneth Balk&Associates TU ELECTRIC #3"Successful Characteristics of 8:30- 1 1:30 a.m. Exhibit Booths Open Training Consortia" Promenade Texas B Speakers: 8:30-9:15 a.m. Continental Breakfast,Exhibits Susan M.Couch, Ph.D,Dean, Workforce&Continuing Education, ENTERGY • Vernon Regional Junior CollegeINDUSTRY ).Michael Chism,Vice President, 9:15 - 10:30 am. Breakout Sessions: Richardson Chamber of Commerce/ #1 "Dealing with the Media" Telecom Corridor Technology Crystal D Business Council Speaker: Anantha Babbili,Professor& Chairman, Norm Stewart,Dean, Journalism & Media Studies Department, Continuing Education&Workforce Texas Christian University Development Presiding: Dr.David Wells,Provost, Chuck Mooney, Tarrant County Junior College Fort Worth Chamber of Commerce Presiding: #2"Rural Development in Texas" Pat Nowotny, Texas C Greater Waco Chamber of Commerce Speakers: Nicki Harle,Executive Director, Texas Midwest Community Network 3:30-4:15 p.m. General Business Meeting All members are urged to Kirk McCarley,Director, attend. Economic Development, Crystal City of Kerrville David Partlow,Executive Director, El Campo City Development Corporation Presiding.- Bill Kyle. Central Power& Lght #3"Show Me the Money!' Texas A& S Speakers: Richard Hall,Director,Business Services, Texas Workforce Commission Dan McNeil,Director,Smart Jobs, Texas Department of Economic Development (� ' c.._w a c..l Presiding: FIRST FLOOR Radisson Sally Riha Bane, Plano Economic Development Board 1 #4"Acquiring Expansion Capital in Texas" Crystal C Speakers: Lane Lanford,Chief Administrative Officer, E" ' Texas Department of Economic ■ ■L::-j■ Development ■� . Jerry White,Director, Caruth Institute of Owner-Managed Business at Southern Methodist SECOND FLOOR University I CRYSTAL CRYSTAL CRYSTAL 1 CRYSTAL Presiding: A f g r - -c t D Jim Moncrief 0 . Hoak,Breedlove,Wesneski& Co. ■ ■ i u WEST SKYLIGHT 10AS am. General Session Reconvenes PROMENADE COURT Crystal D c ' 10:45 - 11:45 a.m. Legislative Panel z _ F OPEN Guest Legislators. David Cain `"" ■ ■ Senator,District 2 ■ Kim Brimer L State Representative,District 96 THIRD FLOOR Leticia Van de Putte E.. OPEN State Representative,District 115 b Presiding: ' \ FT n�e Chris Shields, E4.vsn _ Legislative Consultant : ■es,,.,,,,, Telephotos I 11:45 - Noon Door Prize DrawingssEEIf TEAAS;TExgSITExAS�TEXAS 7 A g I O D CITIZENS CRIZENS CrrMEM —must be present to win— I " I ■ Adjournment Crystal D NOTES KATHY MAYFIELD,CHAIR City of Rowlett SALLY RIHA BANE PAT NOWOTNY i Plano Economic Greater Waco Development Board Chamber of Commerce RON CLEMONS CHARLES PAGE,III Burlington Northern- Temple Economic Santa Fe Railway Co. Development Corporation SARA GARZA- GONGORA MARY BETH PERRING Southwestern Bell Kenneth Balk&Assoc. ERIC GEISLER JOHN F.PRICKETTE,SR. Lauren Engineers& TU Electric Constructors REID RECTOR TOM HIGGINS Greater Dallas Chamber City of Fort Worth BILL RIDGWAY PAT JAMISON City of Bedford TU Electric - ANNA RIEHM CHLOE JOHNSON City of mow, Johnson&Associates North Richland Hills JULIE KIM SCOTT SHAFFER KPMG Peat Marwick,LLP Ranger Research& Consulting Company LOIS KOLKHORST Economic Development GEORJEAN SHERRIFF Foundation of Brenham GTE BILL KYLE BILLTHORTON Central Power&Light Fort Worth Chamber of Commerce ' JIM MONCRIEF Hoak,Breedlove, SCOTTWELMAKER Wesneski&Co. City of Haltom City s CHUCK MOONEY JOYWILLIAMS Fort Worth City of White Settlement Chamber of Commerce NANCY WINDHAM COLE MORVAN Lockwood Greene Plano Economic Development Board CHESSY ZIMMERMAN Angelou Economic Advisors { PAM MUNDO Rockwall Economic The c ssioncti are by these i Development professionals are deeply Corporation aporec:a:ed by TEDC. D12LMOND ($5,000+) Central and Southwest Corporation (CPL,SWEPCO and WTU) KPMG Peat Marwick,LLP Southwestern Bell Texas Utilities (TU Electric and Lone Star Gas) PL&TINUM ($2,500-$4,999) Alliance Development Company Enron Intel Corporation Fort Worth Coalition Kenneth Balk &Associates GOLD ($1,500-$2,499) Burlington Northern/Santa Fe Railway Company Conway Data,Inc.(Site Selection Magazine) . Entergy - Industry Week Magazine Texas Business Magazine Texas-New Mexico Power Company World Economic Development Alliance SALVER ($1,000-$1,499) Allen Economic Development Corporation Area Development Magazine Business Facilities Magazine Expansion Management Magazine Greater Dallas Chamber Hughes&Luce,LLP Lauren Engineers&Constructors Lockwood Greene Plants,Sites&Parks Magazine Public Strategies,Inc. Rowlett Economic Development Foundation The Cornerstone Group BRONZE ($500-$999) Crockett Economic&Industrial Development Corporation Economic Development Corporation of Copperas Cove Fort Worth Chamber of Commerce Georgetown Industrial Foundation GTE Plano Economic Development Board San Antonio Economic Development Foundation Temple Economic Development Corporation Tyler Economic Development Council,Inc. • City of Southlake,Texas MEMORANDUM September 30, 1997 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director Kate Barlow, Economic Development Specialist SUBJECT: Results of Commercial Development Survey At the 1997 June Retreat, staff was directed to obtain information from the commercial development community in regards to appropriate priorities for economic development staff. With the cooperation of a commercial development focus group, staff prepared and distributed a survey to over 90 (ninety) members of the commercial development community active in the Southlake marketplace. Attached are the results of this survey in 3 (three) formats. • Results on green paper provide a summary of the overall rankings from the commercial development community. Briefly, the development community findings suggest staff place highest priority on maintaining current data, and building relationships and communicating with prospects, chamber, development community, and local businesses. s • Results on blue paper summarize rankings from the development community within the 5 (five) major categories. • Results on yellow paper provide a comparison of overall rankings between the development community and City Council. Approximately ten items were added to the commercial development survey which were not included on the Council survey conducted in May. Also, a list of participants and a summary highlighting discussion at the September 26 Commercial Development Roundtable are attached. Over thirty surveys were completed and returned; in some cases, 1 (one) survey was returned as a representative response for a firm which received more than 1 (one) questionnaire. If further information would be helpful, please contact either one of us at your earliest convenience. Priority SUMMARY OF COMMERCIAL DEVELOPER SURVEY OF ECONOMIC DEVELOPMENT PRIORITIES-SEPT. 1997-OVERALL RANKINGS Mghest.....Lowest Rank Item/Action 5 4 3 2 1 . :>a}:'....... . ..... . AIl 'xtAN % 13 12 4 0 0 4.3 Existing and Future Office, Retail and Warehouse Space 13 12 3 1 0 4.3 Real estate: Commercial building starts, NE Tarrant statistics, Southlake commercially zoned tracts, Site Inventory Guide 11 14 3 0 1 4.2 Demographics: Population, Income, Age, Education levels, etc. 15 6 7 3 0 4.1 Follow-up phone calls on requests for information :Cii:� ��i?'.�i.�jY�.:':: ✓.'}�:$::t�` }"+::'ri::: ''::::::.:i::':: Y: i iii:i:: Ru v:: :•.::.'.�•:.:..:................:................................. ..........................................................................................................................................:...............................:...:........................ 11 13 3 2 0 4.1 Utilities: Transportation, Gas, Electric, Telecommunications, Infrastructure :.:;:.;:.:::::::.::.:::.::.;:.;:.;::.;:.::.::.::.::.::.......::.:.:.. M. XXXX :. :.:.::.:.:::.3:.;::;:.;>:3::<:>::.»: :::>:.:;:.:.il.;:.;:.:.;::.:.:+I:1 :.;;:.;:.; N..Af :; EVE)G.€PF' '`......�...........................................................................................................:..:: 13 7 5 3 1 4.0 Education: Primary and Advanced .... .... :......: :.:.::: :::::::: ::.:::: . .::..;:4tRi ................. '........................................................................ ............... .......................................}........................ 10 8 9 2 0 3.9 Southlake business database and Contact database including developers 14 4 5 6 0 3.9 Quality of Life: Safety, Recreation, Cultural / 11 6 11 3 0 3.8 Community Profile and Southlake Fast Facts 12 7 7 5 0 3.8 Work with area chambers of commerce(Southlake, Dallas, Ft. Worth) 9 8 8 2 1 3.8 Housing: SF building permits, Cost of Living, and Area Apartments, Condominiums and Townhomes 9 10 7 2 2 3.7 Commercial Developers' Roundtable for development community and staff 11 6 8 3 2 3.7 Southlake Policy Summary of city's Economic Development Priorities 10 10 5 3 3 3.7 Development fee rebates 11 8 6 4 2 3.7 Southlake Economic Report(quarterly newsletter) 7 12 9 3 0 3.7 Develop formal marketing plan 9 12 4 5 1 3.7 Coordinate efforts with 3 largest Southlake developers (larger projects create opportunities for small projects, i.e. trickle down effect) 8 9 10 4 0 3.7 Quarterly Business Roundtable for businesses to network and meet with staff 8 9 6 4 1 3.7 Financial: Sales and Property Tax revenues, tax rates 10 8 8 4 2 3.6 Focus on attracting most desired entities from 1997 citizen survey (full-menu restaurants, retail stores, and professional services) 10 6 7 5 2 3.6 Promote city's Freeport Tax Exemption 10 9 7 3 3 3.6 Establish formal abatement policy and criteria 4 15 9 1 2 3.6 Survey existing businesses on potential or desirable commercial entities D:\WP-FILES\CITYCNCL\DEVSUMM2.WPD September 23, 1997 Priority SUMMARY OF COMMERCIAL DEVELOPER SURVEY OF ECONOMIC DEVELOPMENT PRIORITIES-SEPT. 1997-OVERALL RANKINGS Highest.....Lowest Rank Item/Action 5 4 3 2 1 9 6 10 5 1 3.5 Informational presentation to new businesses &their employees before they move 8 9 8 3 4 3.4 Targeted Mailing to Specific Identified Office/Professional Service Users/Industries 11 3 9 4 4 3.4 Targeted Mailing to Specific Identified High Tech Users/Industries 2 15 9 4 1 3.4 Increase visibility with local media(primary public relations efforts, i.e., press releases) 5 9 8 4 2 3.4 Local and Regional Labor and Employment 6 4 11 3 3 3.3 Examine 1992 Resolution for potential revision 3 11 11 4 2 3.3 Post information on Southlake homepage 3 12 10 3 3 3.3 Business expo featuring Southlake businesses and developments 4 6 14 3 1 3.3 Biennial Business Survey (1995, 1997) 5 7 12 4 3 3.2 Targeted Mailing to Brokers/Developers/Consultants 5 9 8 7 3 3.2 Targeted Mailing to Specific Identified Retail Users/Industries 3 8 j 13 5 2 3.2 Host "Southlake Showcase" for media, (such as tour, presentation, etc.) 7 6 9 5 4 3.2 Actively utilize Internet with E-mail 3 10 11 4 3 3.2 Welcome notes for each new Southlake business x 4 7 12 4 4 3.1 Assemble team of existing businesses who explain their Southlake experience to prospec 7 4 9 7 l 4 3.1 Attend local, regional and state economic devlpmt. meetings &professional conferences 2 7 12 4 5 2.9 In-depth study of Incubators and other tools emphasizing small business growth 2 8 10 6 5 2.9 Host "Southlake Showcase" for development community 2 7 10 5 4 2.9 Solana Tenants' Wage and Benefit Survey (1997) 1 6 10 7 4 2.8 4A Sales Tax(our 4B is for parks and recreation) 2 6 12 6 5 2.8 Conduct community education such as speakers bureau (identify specific audiences) 2 4 14 8 3 2.8 Congratulatory notes to Southlake businesses for honors & media exposure 2 4 13 6 6 2.7 Participate on marketing trips including trade shows 2 3 10 8 7 2.5 Training seminars 2 2 12 6 9 2.4 Targeted Mailing to Specific Identified Light Industrial Users/Industries 1 4 9 6 9 2.4 Training: on-the-job, Smart Jobs, funding 1 3 13 5 9 2.4 Special Emphasis on Home-based businesses 0 4 9 9 9 2.3 Hire public relations agency (advanced public relations efforts) 0 3 11 10 7 2.3 Purchase paid advertising within Local professional/business journals 0 4 9 11 7 2.3 Purchase paid advertising within Regional professional/business journals 1 4 6 9 11 2.2 Purchase paid advertising within National professional/business journals D:\WP-FILES\CITYCNCL\DEVSUMM2.WPD September 23, 1997 Priority SUMMARY OF COMMERCIAL DEVELOPER SURVEY OF ECONOMIC DEVELOPMENT PRIORITIES-SEPT. 1997-RANKINGS WITHIN CATEGORIES Highest.....Lowest Rank Item/Action 5 4 3 2 1 12 6 :.1 3 0 4.2 ::;::.......:...... ........:....:....;......,.. 5 7 12 4 3 3.2 Targeted Mailing to Brokers/Developers/Consultants 5 9 8 7 3 3.2 Targeted Mailing to Specific Identified Retail Users/Industries 2 2 12 6 9 2.4 Targeted Mailing to Specific Identified Light Industrial Users/Industries 8 9 8 3 4 3.4 Targeted Mailing to Specific Identified Ofiice7Professional Service Users/Industries 11 3 9 4 4 3.4 Targeted Mailing to Specific Identified High Tech Users/Industries 9 10 7 2 2 3.7 Commercial Developers' Roundtable for development community and staff 15 6 7 3 0 4.1 Follow-up phone calls on requests for information 9 6 10 5 1 3.5 Informational presentation to new businesses&their employees before they move 4 7 12 4 4 3.1 Assemble team of existing businesses who explain their Southlake experience to prospects 10 8 8 4 2 3.6 Focus on attracting most desired entities from 1997 citizen survey (full-menu restaurants, retail stores, and professional services) 7 3 3 2 0 4.0 # ! ' )�N' '..ii.� 11 6 8 3 2 3.7 Southlake Policy Summary of city's Economic Development Priorities 6 4 11 3 3 3.3 Examine 1992 Resolution for potential revision 10 6 7 5 2 3.6 Promote city's Freeport Tax Exemption 10 9 7 3 3 3.6 Establish formal abatement policy and criteria 2 7 12 4 5 2.9 In-depth study of Incubators and other tools emphasizing small business growth 1 4 9 6 9 2.4 Training: on-the-job, Smart Jobs, funding 1 6 10 7 4 2.8 _4A Sales Tax(our 4B is for parks and recreation) 10 10 5 3 3 3.7 Development fee rebates . :: .:::::... ...:._:. ..:::.:..::......::.:.......... 11 8 6 4 7On 3.7 Southlake Economic Report(quarterly newsletter) 11 6 11 3 3.8 Community Profile and Southlake Fast Facts 12 7 7 5 0 3.8 Work with area chambers of commerce(Southlake, Dallas, Ft. Worth) 2 6 12 6 5 2.8 Conduct community education such as speakers bureau(identify specific audiences) 3 11 11 4 2 3.3 Post information on Southlake homepage 2 15 9 4 1 3.4 Increase visibility with local media(primary public relations efforts, i.e., press releases) 7 4 9 7 4 3.1 Attend local, regional and state economic devlpmt. meetings&professional conferences 7 12 9 3 0 3.7 Develop formal marketing plan 0 4 9 9 9 '2.3 Hire public relations agency (advanced public relations efforts) D:\WP-FILES\CrrYCNCL\DEVSUMMI.WPD September 23, 1997 Priority SUMMARY OF COMMERCIAL DEVELOPER SURVEY OF ECONOMIC DEVELOPMENT PRIORITIES-SEPT. 1997-RANKINGS WITHIN CATEGORIES Highest.....Lowest Rank Item/Action 5 4 3 2 1 0 3 11 10 7 2.3 Purchase paid advertising within Local professional/business journals 0 4 9 11 7 2.3 Purchase paid advertising within Regional professional/business journals 1 4 6 9 11 2.2 Purchase paid advertising within National professional/business journals 2 4 13 6 6 2.7 Participate on marketing trips including trade shows 3 8 13 5 2 3.2 Host "Southlake Showcase" for media, (such as tour, presentation, etc.) 2 8 10 6 5 2.9 Host "Southlake Showcase" for development community 7 6 9 5 4 3.2 Actively utilize Internet with E-mail 9 12 4 5 1 3.7 Coordinate efforts with 3 largest Southlake developers(larger projects create opportunities for small projects, i.e. trickle down effect) 4.1 8 9 10 4 0 3.7 Quarterly Business Roundtable for businesses to network and meet with staff 1 3 13 5 9 2.4 Special Emphasis on Home-based businesses 2 4 14 8 3 2.8 Congratulatory notes to Southlake businesses for honors&media exposure 3 10 11 4 3 3.2 Welcome notes for each new Southlake business 3 12 10 3 3 3.3 Business expo featuring Southlake businesses and developments 4 15 9 1 2 3.6 Survey xisting businesses on potential or desirable commercial entities 2 3 10 8 7 2.5 Training seminars 4:3 13 12 4 0 0 4.3 Existing and Future Office, Retail and Warehouse Space 11 14 3 0 1 4.2 Demographics: Population, Income, Age, Education levels, etc. 10 8 9 2 0 3.9 Southlake business database and Contact database including developers 4 6 14 3 1 3.3 Biennial Business Survey(1995, 1997) 2 7 10 5 4 19 Solana Tenants' Wage and Benefit Survey(1997) 5 9 8 4 2 3.4 Local and Regional Labor and Employment 9 8 8 2 1 3.8 Housing: SF building permits, Cost of Living, and Area Apartments, Condominiums and Townhomes 8 9 6 4 1 3.7 Financial: Sales and Property Tax revenues, tax rates 13 12 3 1 0 4.3 Real estate: Commercial building starts, NE Tarrant statistics, Southlake commercially zoned tracts, Site Inventory Guide 11 13 3 2 0 4.1 Utilities: Transportation,Gas, Electric, Telecommunications, Infrastructure 13 7 5 3 1 4.0 Education: Primary and Advanced 14 4 5 6 0 3.9 Quality of Life: Safety, Recreation, Cultural D:\WP-FILES\CITYCNCL\DEVSUMMI.WPD September 23, 1997 COMPARISON OF OVERALL RANKINGS-DEVELOPMENT COMMUNITY VERSUS CITY COUNCIL Rank Development City Item/Action Community Council ATTRACT;NM BUSV.4 . 12 11 Targeted Mailing to Brokers/Developers/Consultants 12 6* Targeted Mailing to Specific Identified Retail Users/Industries 18 6* Targeted Mailing to Specific Identified Light Industrial Users/Industries 10 6* Targeted Mailing to Specific Identified Office/Professional Service Users/Industries 10 6* Targeted Mailing to Specific Identified High Tech Users/Industries 7 6 Commercial Developers' Roundtable for development community and staff 3 4 Follow-up phone calls on requests for information 9 n.a. Informational presentation to new businesses & their employees before they move 13 n.a. Assemble team of existing businesses who explain their Southlake experience to prospects 8 n.a. Focus on attracting most desired entities from 1997 citizen survey (full-menu restaurants, retail stores, and professional services) ECON(l�M C;DE'�.OPME�` :T .CENTIVES 7 2 Southlake Policy Summary of city's Economic Development Priorities 11 10 Examine 1992 Resolution for potential revision 8 2 Promote city's Freeport Tax Exemption 8 11 Establish formal abatement policy and criteria 14 10 In-depth study of Incubators and other tools emphasizing small business growth 18 n.a Training: on-the-job, Smart Jobs, funding 15 n.a. 4A Sales Tax(our 4B is for parks and recreation) 7 n.a. Development fee rebates M iR ET1N IC:: I t�T QN..: I7'Z?E.... ` `N `I :.::::..:::::€r�::::::.:::.::::::::::::::::::::::::::. 7 9 Southlake Economic Report(quarterly newsletter) 6 9 Community Profile and Southlake Fast Facts 6 5 Work with area chambers of commerce (Southlake, Dallas, Ft. Worth) 15 12 Conduct community education such as speakers bureau(identify specific audiences) 11 5 Post information on Southlake homepage 10 12 Increase visibility with local media(primary public relations efforts, i.e., press releases) 13 14 Attend local, regional and state economic devlpmt. meetings &professional conferences 7 1 Develop formal marketing plan 19 17 Hire public relations agency (advanced public relations efforts) D:\WP-FILES\CITYCNCL\DEVSUMMI.WPD September 25, 1997 COMPARISON OF OVERALL RANKINGS - DEVELOPMENT COMMUNITY VERSUS CITY COUNCIL Rank Development City Item/Action Community Council 19 16* Purchase paid advertising within Local professional/business journals 19 16* Purchase paid advertising within Regional professional/business journals 20 16* Purchase paid advertising within National professional/business journals 16 15 Participate on marketing trips including trade shows 12 n.a. Host "Southlake Showcase" for media, (such as tour, presentation, etc.) 14 n.a. Host "Southlake Showcase" for development community 12 n.a. Actively utilize Internet with E-mail 7 4 Coordinate efforts with 3 largest Southlake developers (larger projects create opportunities for small projects, i.e. trickle down effect) ::... :.:...:.. :...:::.::.::.;. .:..:::......:.:.::::..:.....:... .. ......::::. :.. . RT:F:LITII+IG BUSS ......................................................_ sU.F.T4D ...................:...:....::::::::..: .:::;::.::::.:.:..........:.:;:.:::::.:::::::..:::::::>::.;:::;::;:::.:::.....:....:::::.:.:::.;:::.....::.::....:..::;:.::::.:.: 7 13 Quarterly Business Roundtable for businesses to network and meet with staff 18 13 Special Emphasis on Home-based businesses 15 12 Congratulatory notes to Southlake businesses for honors & media exposure 12 11 Welcome notes for each new Southlake business 11 9 Business expo featuring Southlake businesses and developments 8 n.a. Survey existing businesses on potential or desirable commercial entities 17 n.a. Training seminars .. AINTEI"4IANICE(�F GENL AIDE�1'�TCIRI4II ::T3VT.I3PM1T 'Tf : > 1 2 Existing and Future Office, Retail and Warehouse Space 2 7 Demographics: Population, Income, Age, Education levels, etc. 5 9 Southlake business database and Contact database including developers 11 8 Biennial Business Survey (1995, 1997) 14 14 Solana Tenants' Wage and Benefit Survey (1997) 10 9 Local and Regional Labor and Employment 6 9 Housing: SF building permits, Cost of Living, and Area Apartments, Condominiums and Townhomes 7 6 Financial: Sales and Property Tax revenues, tax rates 1 2 Real estate: Commercial building starts, NE Tarrant statistics, Southlake commercially zoned tracts, Site Inventory Guide 3 8 Utilities: Transportation, Gas, Electric, Telecommunications, Infrastructure 4 7 Education: Primary and Advanced 5 6 Quality of Life: Safety, Recreation, Cultural D:\WP-FILES\CITYCNCL\SUMM3.WPD September 25, 1997 `vl � ► � � ., tam � � q ' p � �.. AQ jt ri RK AX QL 17 O ems, cc JA LL J G a �� r i City of Southlake, Texas MEMORANDUM ? September 29, 1997 i TO: Greg Last, Community Development Director I FROM: Kate Barlow, Economic Development Specialist SUBJECT: Highlights from the September 26 Commercial Development Roundtable The first issue addressed was data and the importance of maintaining current statistics. f • As a rule of thumb, local retail focuses on 1,3 and 5 mile trade areas, while big box users j focus on 3, 5, 10 and 15 mile trade areas. • Two local companies specializing in trade market research are MPF Research and Jamison Research. Consensus of development community is that a local company is more likely to have better data than a larger firm, such as National Decision Systems. • Southlake's trade area is not the traditional circular area, as we're impacted by Lake Grapevine on the North and DFW Airport to the East. • Two other important pieces of data are current traffic counts and traffic patterns. • Due to the progress of development along Southlake Boulevard, the city may want to consider focusing on demographics important for attracting office and other desired uses along S.H. 114. • Potential for development community to provide financial assistance in maintaining current traffic count data. The second topic addressed was attracting new business. • Southlake faces formidable competition in Las Colinas, Circle T, and Alliance. • Due to our competition, the city may want to consider developing and strengthening partnerships, such as Alliance/Fort Worth. Promotion of these partnerships is very critical, including garnering support from the community. • Development community is concerned about the perception that Southlake is a hard place to do business, i.e., we want you, but only on our terms. • Reputation that every agency involved in the development process appears willing to make a deal, starting with Park Board, SPIN, Planning & Zoning Commission, and finally Council. • Consistency throughout the approval process is important. As an example. when P & Z and Council make opposing decisions regarding the same item. such inconsistency creates a perception problem. • Development community is willing to play by the rules, but they should not be changed along the way. High standards are not bad. Highlights from Commercial Development Roundtable September 26, 1997 Page 2 } i • Mayor Stacy commented City Council truly wants Southlake to be user-friendly. • Concept of Action Committee, or SWAT team, consisting of representation from Council, school district, SPIN, Chamber and staff, was well received. Purpose of this group is to meet upfront with major developers to discuss significant issues. May allow more people to become involved in the process at an early stage. • Appears to be need for staff to call on the major players within the brokerage community. • Reaching our internal market, i.e., decision makers who live in Southlake, is important. As an example, use the theme, "If you worked here, you would be home by now." May want to include Colleyville, Grapevine, Westlake, Trophy Club residents. • Due to the city's rapid growth, approval process may benefit if a developer had one single contact person within the city, i.e., ombudsman. What information does the brokerage community need from the city. 1. Current demographics 2. Psychographics of residents 3. Traffic counts and traffic patterns 4. Most requested uses from citizens touched upon was the need for adequate infrastructure prior to Another important issue briefly o p q development. Many small businesses and developers cannot afford to construct infrastructure. Mayor is attending the Southlake Executive Roundtable which meets the first Thursday of each month at Solana. Participation is open to company presidents and division heads. Also, Mayor Stacy has organized a quarterly meeting for Southlake business managers to share concerns. Potential items for staff to investigate. • Obtain area demographics from the Tri-City library committee which recently met. • Check with Colleyville's ED staff to learn more about who compiled their demographic data. • Ask, at the Oct. 14 Northeast Tarrant County ED professional meeting, if other cities have cooperated with their GIS staff to produce some form of trade area maps. Also, we may want to share traffic count data. • Invite MPF Research and Jamison Research to tour Southlake. • Contact Richard Myers for specifics on agencies they have used to conduct traffic counts. • Ask major retailers to share success stories, i.e., Home Depot has exceeded sales projections by 30 percent. L � w Highlights from Commercial Development Roundtable September 26, 1997 Page 3 • Organize focus group to further develop concept of action committee/SWAT team. Focus j group may want to propose membership, responsibilities, and guidelines. • Distribute survey to Roundtable participants seeking contacts of significant players within the Dallas brokerage community. • Formulate a plan to reach the decision makers within Southlake and the immediate area. • Attend, if possible, Southlake Executive Roundtable and Mayor's Managers Meeting, to gather information, feedback, and expand contact base. • Ask businesses who have recently relocated here why they chose Southlake. • Develop survey instrument to gather information from development community and Southlake citizens on what specific uses and businesses the city should pursue. • Contact Jennifer Gray, Southlake Town Square, to obtain information on resources for purchasing list of Southlake decision makers. • Develop an umbrella program defining staff s overall Economic Development program, such as HOMERUN. • Build upon information compiled by Southlake Town Square such as trade area maps and information. City of Southlake,Texas MEMORANDUM October 2, 1997 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Recent Stand Off and Negotiation with Suspect on T.W. King Rd. On September 17, 1997, at approximately at 11:40 p.m., Officer Gregg Porter discovered an unattended camp fire in the driveway at 3950 T.W.King Rd. Officer Porter requested Fire Services to respond and put out the fire due to embers blowing across the roadway and the potential of starting a grass fire in the field just west of that location. Fire Services arrived at approximately 11:46 p.m. and had the fire out in about one minute. The units then left the scene. As Officer Porter was leaving,he observed a white 1993 Ford van pull into the drive at 3950 T.W. King Rd. As Officer Porter observed the driver,James Cranfill,exit the vehicle,he attempted to stop Mr.Cranfill to warn him about the unattended unauthorized burn. As Officer Porter approached Mr. Cranfill,he became very agitated and engaged Officer Porter in discussion to leave his property. Mr. Cranfill became quite irate and then picked up a hand full of rocks and threw them at Officer Porter's marked police car,hitting the hood and windshield. Officer Porter attempted to reverse the vehicle so that the rocks would not damage the vehicle,but was unsuccessful. Although the damage was minor, Officer Porter requested an assist unit and then left his unit to approach Mr. Cranfill to determine the cause of Mr. Cranfill's aggresive actions. Cranfill, again, picked up a hand full of rocks and threw them at the police vehicle, hitting it again. He then ran to near the door of his residence and picked up a large rock and threw it at Officer Porter. Officer Porter dodged the rock and Mr.Cranfill entered the residence and locked the door. Mr. Cranfill continued yelling at Officer Porter to leave the property and stated that he was getting his gun to shoot Officer Porter. Officer Porter withdrew from the immediate area back to his police vehicle to await a back up unit. Within a few minutes, at 11:56 p.m., Sergeant Robert McAmis arrived to assist Officer Porter investigating Mr. Cranfill's abnormal actions. Sergeant McAmis and Officer Porter took up positions of cover near the south door of the residence that Mr.Cranfill had entered and knocked and announced themselves as being Police Officers. Again Mr. Cranfill yelled at the officers to leave the property and that he would shoot them. As Sergeant McAmis illuminated the interior of the room they were standing outside to see what was going on inside,he observed that Mr. Cranfill was holding some sort of weapon in his hand. He simultaneously observed the suspect raise his hand. Sergeant McAmis crouched down for a position of cover concurrent with a shot being fired by Mr. Cranfill. The shot caused a window to blow out and the glass cut Sergeant McAmis on the face. Sergeant McAmis then returned fire to stop the assault on the officers and both officers immediately retreated to positions of cover in order to be able to cover the house. Recent Stand Off October 2, 1997 Page 2 Sergeant McAmis requested additional assistance from Corp. Allen Wood and Officer Joe Dougher and advised Dispatch to notify myself, Deputy Director Gregg and Lt. Hinkle to respond to the location. I arrived at approximately 12:15 a.m.,took command of the situation, and approximately five minutes later Deputy Director Gregg and Lieutenant Hinkle arrived. Immediate plans were made to control ingress and egress to the area. Assistance was requested from the Trophy Club Police Department,who responded with two officers. Roanoke Police Department also provided two officers for assistance. As soon as sufficient manpower was available from off- duty Southlake officers, the Roanoke officers were relieved and shortly thereafter, the second additional Trophy Club officer was relieved, with one Trophy Club officer staying at the location for assistance and communication. An inner and outer parameter was secured around the residence. Deputy Director Knight had been notified and responded to the Communication section. He began working with Southwestern Bell Telephone Company to secure control of Mr. Cranfill's telephone lines, and also to get the suspect's cellular telephone turned off in an effort to be able to control all communication into and out of Mr. Cranfill's residence. About 30 minutes after the incident was in progress Mr. Cranfill's wife was able to escape from the rear of the house and met officers there. She was taken to the position of cover and officers began interviewing her for information regarding the number of weapons and other details of items inside the house. Deputy Director Knight maintained communication with Mr. Cranfill inside the house, on and off, throughout the night time hours. Generally, the pattern was to contact the suspect every fifteen minutes and engage him in at least five minutes of conversation. It appeared, in Deputy Director Knight's opinion, that the suspect was intoxicated, and as the evening wore on, Mr. Cranfill was beginning to become more and more fatigued, and less and less able to rationally conduct conversation. At approximately 3:30 a.m., Mr. Cranfill and Deputy Director Knight reached an agreement in which Mr. Cranfill requested about three hours of rest prior to any further negotiations taking place. By this point in time,Detectives were able to prepare a warrant for arrest and a search warrant for the residence in order to be able to lawfully enter the home and arrest Mr. Cranfill, should the situation deteriorate to the point where entry would need to be made. Because of the fact that there were no known injuries and the suspect had seized aggression on the officers with just a single shot and had not fired any other shots at officers during the encounter, a dynamic entry was not appropriate at that time,especially considering that the suspect also had two very large dogs in the home with him which would have detracted and given alarm should officers attempt to enter the home. Communication was also hampered by the fact that there were multiple agencies involved on the scene, but no common radio system was in effect. The City of Southlake is currently on a 450 (4mowl system and it was difficult for officers at the tactical scene to maintain communication on the single channel,while officers in the field on regular calls for service ware attempting to utilize the channel Recent Stand Off October 2, 1997 Page 3 also. At about 6:00 a.m.,prior to sunrise,we elected to turn the power off to the residence under the cover of darkness to use this as an additional negotiation tool with the suspect. At approximately 6:30 a.m., Deputy Director Knight made contact with Mr. Cranfill and began negotiations again. After Mr. Cranfill talked with his wife and several other persons,he agreed to leave the residence peacefully if he were allowed to have the utilities restored so that he could change clothes and clean up. An officer was dispatched to the residence under cover of other officers and the power was restored. About fifteen minutes later contact was again made with the suspect. He asked for an additional five minutes to finish getting dressed and, at that point in time, he exited the residence. Operationally and tactically, we were please with the way the operation went. We did identify, obviously, several deficiencies which we feel need to be addressed. Communications were of a paramount issue and we were hampered due to the multiple radio systems and lack of the 800 interconnectivity in communicating with both the Trophy Club and Roanoke officers. In addition to these problems, we were unable to utilize the police frequency for any other calls for service during this timeframe. I am available if you have any further questions. BC/bls a.' City of Southlake,Texas MEMORANDUM October 02, 1997 To : Curtis Hawk, City Manager From : Billy Campbell,Director of Public Safety Subject : Accident Summary 09-17-97 The following data outline the nine(9)reported accidents on Wednesday September 17, 1997 between 0632 and 1820 hours: CFS# Type Location Time That Spent #vehicles Reported ( ) 979232 Major 2800 East 1709 0632 44 2 979233 Major 800 East Continental 0721 69 2 979234 Major 5 Kirkwood Blvd 0726 30 2 979236 Minor 1900 West 1709 0743 40 2 979237 Minor 1501 West 1709 0752 06 2 979241 Minor 400 East Continental l 111 38 2 979245 Hit/Run 505 West 1709 1242 72 2 979259 Minor 2200 West 1709 1809 14 2 979260 Minor 3205 East 1709 1820 60 2 It is interesting to note that"Time Spent"indicates the length of time that resources are unavailable to respond to other calls for service. Though it is not common occurrence to have this many accidents in such a short period of time,it is not uncommon to have multiple accidents in a short time frame, and it is reflective of the challen es that we will face as the City continues to grow. c BC/bh c MEMORANDUM September 24, 1997 To : Curtis Hawk, City Manager From : Billy Campbell,Director of Public Safety Subject : Accident Summary 09-17-97 The following data outline the nine(9) reported accidents on Wednesday September 17, 1997 between 0632 and 1820 hours: CFS #979232 2 car major 2800 East 1709 0632/0716(44 minutes) 2 Traffic Officers 3 Firefighter/Paramedics(T401) 2 Firefighter/Paramedics(E402) 2 Firefighter/Paramedics(M402) Patients treated and released at the scene A total of 44 minutes was spent on the call (totaling 6.6 man hours); 2 police and 3 fire apparatus were on scene. CFS#979233 2 car major 800 East Continental 0721/0830(69 minutes) 3 Traffic Officers 1 Patrolman 1 Public Safety Officer 3 Firefighter/Paramedics(T401) 2 Firefighter/Paramedics(E402) 2 Firefighter/Paramedics(M402) One patient was transported to Grapevine Baylor Hospital ILA total of 69 minutes was spent on the call (totaling 13.8 man hours); 5 police and 3 fire apparatus were on scene. Curtis Hawk, City Manager Accident Summary 09-17-97 September 24, 1997 Page 2 of 2 CFS #979234 2 car major 5 Kirkwood Blvd 0726/0756(30 minutes) 1 Traffic Officer 2 Patrolman 3 Firefighter/Paramedics(T401) 2 Firefighter/Paramedics(M402) One patient transported to Grapevine Baylor A total of 30 minutes was spent on the call(totaling 4 man hours); 3 police and 2 fire apparatus were on scene. CFS #979236 2 car minor 1900 West 1709 074V0827(40 minutes) 2 Traffic Officers 1 Public Safety Officer 3 Firefighter/Paramedics(T401) 2 Firefighter/Paramedics(M583) Patients treated and released at the scene A total of 40 minutes was spent on the call(totaling 5.3 man hours); 3 police and 2 fire apparatus were on scene. CFS#979237 2 car minor 1501 West 1709 0752/0758 (6 minutes) 1 Patrolman A total of 6 minutes was spent on the call, and one police apparatus was on location. Curtis Hawk, City Manager Accident Summary 09-17-97 September 24, 1997 Page 2 of 3 CFS #979241 2 car minor 400 East Continental 1111/1149(38 minutes) 3 Traffic Officers 3 Firefighter/Paramedics(T401) 2 Firefighter/Paramedics(M4023) Patients treated and released at the scene A total of 38 minutes was spent on the call(totaling 5.06 man hours); 3 police and 2 fire apparatus were on scene. CFS#979245 Hit and Run 505 West 1709 1242/1352 (72 minutes) 1 Public Safety Officer A total of 72 minutes was spent on the call (totaling 1.2 man hours);one police apparatus was on scene. CFS#979259 2 car minor 2200 East 1709 1809/1823 (14 minutes) 1 Patrolman A total of 14 minutes was spent on the call(totaling .14 man hours);one police apparatus was on scene. Curtis Hawk,City Manager Accident Summary 09-17-97 September 24, 1997 Page 2 of 4 CFS#979260 2 car minor 3205 East 1709 1820/1920(60 minutes) 1 Traffic Officer A total of 60 minutes was spent on the call(totaling 1 man hours); one police apparatus was on scene. City of Southlake,Texas I MEMORANDUM September 25, 1997 TO: Curtis Hawk, City Manager FROM: Billy Campbell, Director, Public Safety SUBJECT: Home Depot Burglaries I have attached a copy of memos from both Sgt. Sessions and the Crime Analysis Division of the Arlington Police Department. A synopsis of the memos indicates that there is a strong probability that the Home Depot in our area could be targeted by professional safe burglars. They are technically, electronically astute and are learning about safes as they go. This group is armed, place a look out on the roof and utilize police scanners to monitor police communications. In one attempt, the burglars tripped an unknown alarm, yet by the time police responded in less than two minutes, were no where to be found. We will dispatch our Home Depot alarm calls via MDT or cellular phone in an attempt to thwart eavesdropping by the burglars. Deputy Director Gregg will work with the patrol supervisors to develop close patrol plans and tactical responses in order to respond appropriately and safely. This illustrates the type of call that has been unusual in the past but will become more commonplace and tax our available resources. iffZouhn e any questions, please do not hesitate to contact me. BC/gg C:\WP WIN60\WPDOCS\MEMO\MEMO253.DOC City of Southlake, Texas IENiOisA D 'uZi OCTober 2, i 9y7 TO : Certified Police Officers and Communications Specialists FROM : Keven Sessions/Sergeant, Criminal Investigations SUBJECT : HOME DEPOT ALARM RESPONSE AND BUILDING CHECKS Arlington Police Department Crime Analysis Division reports that Home Depot retail companies located in the metroplex are currently targeted for burglaries. Several locations have already been burglarized by a group that was arrested in Conroe Texas for burglary. Conroe PD obtained information that these actors are targeting Home Depot locations in the metroplex after having been released on bail. Subjects "MO" is to enter through the garden center area, disable alarms and surveillance cameras, enter vault area, and drill safe with tools from Home Depot's inventory. It has been determined that the subjects place a look-out on the roof with "SCANNERS" and are also believed to be armed. "See attached intelligence bulletin for specific details." It is highly recommended for Officers to become extremely familiar with the layout of the Home Depot facility including, entrances and exits, roof access, telephone line locations, and probable suspect hiding spots. Officers should develop response plans for the location with effective response and officer safety in mind. The alarm system is equipped with cell phone notification should the land lines become cut. It has been determined to be in proper working order ****ALL ALARM RESPONSE CALLS TO HOME DEPOT SHALL BE DISPATCHED VIA TNIDT AND/OR CELL PHONES TO PREVENT SUSPECT TIP OFF U TIL FURTHER NOTICE. Home Depot Loss Prevention Regional Nlanager Scott Crosier may be contacted if needed via, PAGER: 817-=I99-9461 or HOME PHONE: 817-277-3060. I j �I KSOks cc: Billy Campbeff, Director, Department of Public Safety Gary Gregg, Deputy Director of Police Servies Barry Hinkle, Patrol Lieutenant John Knight, Deputy Director of Support Services Daisy Mae Jackson, Communications Supervisor Soap-29-97 14 : 13 fiscal Svcs E317 459 5790 P.02 ARLINGTON POLICE DEPARTMENT ' ` Crime Analysis / Intelligence Unit Bulletin No. 97_0924 F TO- ALL OFFILERS ISSUED, 09/29/97 �O"`' FROM: E GRAY, CRIME ANALYST - SUBJECT: HOME DEPOT/f,OWE'S BURGLARIES Call sheet N Date Da Location 971950087 P513 97 ]A-SU ON 0031 2U1 W ROAD TU Six Fi,n(;S/l1iOME DEPOT 970070829 /97 23UU A"n 2U1 W ROAD TO SIX FLAGS//HOME DEPOT E7�Ej On July 14, 1997, the Home Depot store on Road to Six Flags was burglarized. Entry was made by prying apart the fence gate into the garden center and disabling the alarm. The suspects then burglarized the safe using tools from the store. After entry was made into the vault room, the security camera was disabled. The suspects were malts wearing Clark overalls and ski masks. They were very comfortable inside the store indicating familiarity with the layout. Their actions, though hurried, were practiced and smtx)th. They seemed to think they had all the time in the world and did spend two hours inside the`tore. This MO has been used on several recent Home Tkpot and Lowe's burglaries in Dallas, Denton, Mesquite, and Conroe. The suspects enter the garden area by cutting the fence or prying apart the fence gate, disabling alarms, cutting phone lines, and disabling security cameras. Suspects are armed, utilize scanners to monitor police activity and usually post a look-out on the roof of the building. They usually hit on Sunday night to Monday mornings. They drive rental vehicles. information from Conroe PD indicates the suspects have targeted stores in this area. A comparison of photos from the Dallas burglary and video tape from the Road to Six Flags store reveals the suspects are the same in hvth burglaries. Conroe PO has identified the following suspects in their burglary. They are out of the state of Virginia. Although these suspects were arrested in Conroe, they bonded out and have fled the area. sumpyct DOB Rarel5ex IIeizht Wei2ht Hair Eves Markstrattona DOWELL, PHTLLIP 5-7-70 W/M 511 183 BRO BRO BEARD MUST DALE LONG Aliases Ss# weapons warrants 228436647 DL# Vehicle. Year Color Make Model Stvle NO TX DL RFNTALS susiject DOB Race/Sex Hei t Weight Jlgak L�jes 4rks/rattoos ROBERTS,JkMES 7-25.71 WM 508 135 BRO BRO GOATEE T U.W EDWA RD SHORT Aliases SS#k#k Weapons Warrants 2282260W DLL# Vehide- Year Color Make Model Style NO TX Di, RENTALS DOCUMENT CONTACT WITH ANY Ot:THE ABOVE L15TED INDIVIDUALS OR VEfflCLfS AND FORW Axl) I Flr li`1FORMAfION TO Tilt CRIME ANALYSIS INTELLIGENCE UNII. T1ItS BULLETINALONE 1S )T PROBABLE CAUSE FOR ARREST! Sep-29-97 14 : 13 fiscal svcs 1317 459 S790 P.03 Crime Analysia/Tntelligence Unit 13ulletin Page 2 CA 97-00924 ,;Uxvcc! DOB Race Sex Heieh Weiffht 112ir Ers N&rk1/7'2ttDo% JACKSON, 7-14-71 w1M GOATEE MUST GREC)RY ALAN Aliases SS# Weapons Warrants 228411121 DL# Vehicle. Year Color Make Modd y (� NO TX Dl, RENTALS The Home Depot on south Cooper is a prime target. Recommendations include: 1) Request store management to install a second, hidden camera in the vault room to record activity after the suspects have disabled the primary camera. 2) Dispatch any alarm calls through the NIDT rather than over the air to neutralize the monitoring of the scanners. 3) Patrol supervisors should develop a Close Patrol or Directed Patrol plan of both home Depot stores and the Lowe's, currently under construction, with particular attention paid to movement on the roof and/or movement around the garden centers. Any additional information regarding suspect(s)or suspect vehicle(s)should be properly documented and forwarded to the Crime Analysis Unit. OFFICERS RESPONDING TO ANY ALARM CALLS AT THE HOME, DEPOT STOM4 ' SHOULD .r APPROACH WITH EXTREME CAUTION AND ASSUME THE SUSPECTS ARE ARMED. DOCUNIENT CONTACT WIT}I ANY OF THE ABOVE LTS'ILD INT)1VTDt?ALS OR VEHICLES AND FC3RW ARD THE INFORMATION TO THE CRIME ANALYSIS lNTF,LLIC'rFNCE Irwr. THIS RULI-KnN ALONE IS NM'FRORABLB CAUSE FOR ARREST! �We Director Campbell's Speaking Engagements on Crime Control District September 11, 1997 Southlake Women's Club September 23, 1997 Leadership Southlake September 23, 1997 Interview with Raymond Fullington- Grapevine Sun September 29, 1997 SPIN 7 & 8 September 30, 1997 PTO Board- Carroll Middle School October 1, 1997 PTO Board - Carroll Intermediate School October 10, 1997 Interview with Joy Dickenson- Dallas Morning News October 14, 1997 SPIN October 23, 1997 (Tentative-Corp. Marler to Confirm)PTO - Carroll High School October 27, 1997 Chamber Luncheon October 27, 1997 SPIN City of Southlake October 2, 1997 John Levitt,President Rick Stacy Grapevine- Southlake Soccer Association PO Box 1463 Mayor Pro Tern: Grapevine,TX 76099 W.Ralph Evans Deputy Mayor Pro Tern: RE: Request to line non-city owned fields PamelaA.Muller Councilmembers: Dear John: Wayne Moffat DavidA.Harris In response to our letter dated October 1 1997 in regard to the city staff limn Gary Fawks p y g ty g Scott F.Martin Carroll High School practice field and the Carroll Intermediate School field, we must decline. City Manager: Curtis E.Hawk As you know, we currently employ four (4) maintenance workers which must line the Bicentennial Park soccer fields (5), baseball fields (7), softball fields (3) Assistant city Manager: and a flag football field. Due to the increase of fields and playing schedules,we ShanaK.Yelverton g p y� g City Secretary: are unable to accomplish these tasks alone within the regular work schedule. dra L.LeGrand Also due to a limited overtime budget, we must decline requests from the associations of baseball, softball, pee-wee football and now soccer to line fields that are non-city owned. Currently, the baseball and softball association volunteers are often lining their fields at Bicentennial Park on Saturdays and always on Sundays due to our limited staff. As you know, the youth-sports associations continue to grow and this growth increases the need for facilities to accommodate the increase in practice and .playing time. As of April 1996, we have not been able to hire additional maintenance staff due to budget constraints. Therefore, the City is requesting that the associations increase their volunteer work days this Spring to assist in maintaining the existing Bicentennial Park fields to the condition requested by the associations. Please feel free to call me if you have any questions at 817-481-5581 ext 757. Please accept my apology as we can not assist you at this time. Sincere y, Kim Lenoir Director of Parks&Recreation cc: Curtis E.Hawk,City Manager Honorable Mayor Rick Stacy 667 North Carroll Avenue - Southlake, Texas 76092 (817) 481-5581 - FAX (817) 488-5097 AN EQUAL OPPORTUNITY EMPLOYER" GRAPEVINE-SOUTH -AKE SOCCER ASSOCIATION P.O. BOX 1463 GRAPEVINE, TEXAS 76099 October 1, 1997 Ms. Kim Lenoir Director of Parks and Recreation City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 HAND DELIVERED Dear Kim, Please be advised that Grapevine-Southlake Soccer Association (GSSA) is currently playing games at Carroll High School on the football practice field next to Peytonville Ave. on the following dates: October 4th, lath, 18th, and the 25th. After the October 25th game, GSSA will play the remainder of the season (Nov. 1st, 8th, & 15th) at Carroll Intermediate School stadium on Carroll Ave. We respectfully request that the city of Southlake's Park & Recreation chalk the field each Friday afternoon after school prior to games on Saturday. Should you or your staff have any questions, please call . ince ely, Jo h Levitt, President cc: Honorable Mayor Rick Stacy Mr. Curtis Hawk, City Manager r Agreement No. 02-0353-03-053 County: Tarrant CSJ: 0353-03-053 Project Number: ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY PROJECTS (ON-SYSTEM) THE STATE OF TEXAS § THE COUNTY OF TRAVIS § THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Southlake, acting by and through its City Council, hereinafter called the Outside Entity. WITNESSETH WHEREAS, Transportation Code §201 et.seq. and Transportation Code §221.001 authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, IHEREAS, Commission Minute Order Number 106940 authorizes the State to undertake and complete a highway improvement generally described as the reconstruction of State Highway 114, From: 0.5 Miles West of Kimball Road, To: FM 1709; and, WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said improvement by funding that portion of the improvement described as the reconstruction of State Hiehwav 114 From: 0.5 Miles West of Kimball Road, To: FM 1709 herein after called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Outside Entity do agree as follows: ,5A-/ S AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Outside Entity will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding The State will authorize performance of only those Project items of work which the Outside Entity has requested and has agreed to pay for as described in Payment Provision and Work Responsibilities, Attachment A, which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Outside Entity and will be carried out and completed by the Outside Entity, at no cost to the State. Texas Government Code Chapter 2106 requires the State to recover indirect costs associated with this agreement. The indirect cost will be calculated based on prevailing rates as determined through the State's Indirect Cost Recovery Program. Article 3. Termination This agreement may be terminated in the following manner: ♦ mutual written agreement and consent of both parties. ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein. ♦ by the State if it determines that performance of the Project is not in the best interests of the State. If the contract is terminated in accordance with the above provisions, the Outside Entity will be responsible for the payment of Project costs incurred by the State on behalf of the Outside Entity up to the time of termination. Article 4. Right of Access If the Outside Entity is the owner of any part of the Project site, the Outside Entity shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. The Outside Entity will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 5. Responsibilities of the Parties The Outside Entity acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. s�-a f Article 6. Sole Agreement ""�n the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the local Outside Entity and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 7. Successors and Assigns The State and the Outside Entity each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 8. Amendments By mutual written consent of the parties, this contract may be amended prior to the expiration of this contract. Article 9. Interest The State will not pay interest on funds provided by the Outside Entity. Funds provided by the Outside Entity will be deposited into, and retained in, the State Treasury. krticle 10. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 11. Increased Costs In the event it is determined that the funding provided by the Outside Entity will be insufficient to cover the State's cost for performance of the Outside Entity's requested work, the Outside Entity will pay to the State the additional funding necessary to cover the anticipated additional cost. The State shall send the Outside Entity a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Outside Entity shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Outside Entity cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 3 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered as mutually agreed upon by the State and the Outside Entity. krticle 12. Signatory Warranty "*—The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the entity they represent. IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002. By Date District Engineer THE OUTSIDE ENTITY Name of the Outside Entity By Date 'ypedwor Printed Name and Title For the purpose of this agreement, the addresses of record for each party shall be: For the Outside Entity: For the Texas Department of Transportation: Mr. Curtis Hawk, City Manager Mr. Charles W. Heald, P.E., District Engineer City of Southlake Texas Department of Transportation 667 N. Carroll Avenue P.O. Box 6868 Southlake, Texas 76092 Fort Worth, Texas 76108 Attachment A Payment Provisions and Work Responsibilities Description of the Cost of the Items of Work The State shall be responsible for the reconstruction of State Highway 114. From: 0.5 Miles West of Kimball Road, To: FM 1709. The Outside Entity's cost for the work will be the fixed amount of $1,000,000.00. The fixed amount of$1,000,000.00, includes engineering and contingencies cost and indirect costs at the rate in effect for the year in which the work will be performed. The Schedule of Payments One payment in the amount of$1,000,000.00 will be paid to the State, upon notification, at least thirty days in advance of the bid opening for the construction contract. The Outside Entity will remit a check or warrant made payable to the Texas Department of Transportation in the amount of$1,000,000.00 to be used in payment for the proposed work required by the Outside Entity. ` City of Southlake,Texas MEMORANDUM 10/2/97 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Amend 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. 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 SA-1 c OCT. 1.1997 7:51AM NO.891 P.2/= emSOUMWk%ff MANAGEMIR INC. Preemaa B. 'Trip' Irby, III Dimm, October 1, 1997 Mrs.Lou Arm Heath, CPA Director of Finance City of Southlake 1725 Fast Southlake Blvd. Southlake, Texas 76092 Re: Review Investment Policy Dear Lou Ann: Due to recent changes to the Public)~finds Investment Act("Act"), Texas Government Code, Chapter 2256, First Southwest And Management,Inc. has reviewed the City's current investment policy. Our review was limited in scope,with the primary propose 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 corupliance with the policy or the City's internal controls. Based upon our limited review,we would idea*the following items for your consideration: 1. RESPONSIBILITY AND CONTROL. Section A. Delegation of Authority and Training. Delete the second the last sentence and add the following sentence,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's Councilor the designated investment committee, [2256.008(a)2]. 2. RESPONSBILITY 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 cites, 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 mariner the funds of the investing entity. [2256.005(fl]. • INVESIMENT PORTFOLIO. Section A. Eligible Investments. Paragraph 9. add a statement to this paragraph wbich states, "This Securities and Excl ange Commission regulated fund is required to provide the City with a prospectus and other information required by the Securities Excbange Act of 1934, [2256.014(a)2]. 1700 PaeifwAvenw-Sadie 1300-D'&&,Texas 75201-4 12.800-.571.3792.214-9534048•Au 214-953-8881 OCT. 1.1997 7:52AM NO.891 P.3i3 Mrs. Lou Am Heath October 1, 1997 Page 2 4. ART CITON OF BANKS AND DEALAtS. Section D. Approved Broker/Dealers and Investment Advisors. add a sentence at the end of the section that states, "The City's governng body or designated investment comumtc a to review, rm ise and approve a list of qualified brokers at least annually. (2256.0251 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 Cl y'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 invesvnent portfolio." [2256.005(b)4(D)]. c. Add a now 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 finds Investment Act and report findings annually to the Board. [2256.023(d)]. We hope these suggestions are helpful. If you have any questions regarding this matter or if we can be of further assistance,please contact me at 1-800-575-3792 or directly at(214)953-4048. Sincerely, TP4- F.B. "Trip"Irby,III cc: Mr.Tim Sabo*Mrst Southwest Company-Dallas CITY OF SOUTHLAKE, TEXAS INVESTMENT POLICY Amended October 7, 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 ......................................................................... I 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 r... V. Investment Portfolio.........................................................................5 A. Eligible Investments B. Unauthorized Investments VI. Safekeeping and Custody...................................................................8 A. Collateralization 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 .......................... .1415 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. Scope. 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. 1 City of Southlake Investment Policy-amended October 7, 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 Pr-ejeetlChief Accountant are designated as Investment Officer(s) of the City and are responsible for investment decisions and activities. Tlnne- Orfrfieer—sh trnill attend at least one * essien Felating to the ef�-vr�cczT respensibility under- the Aet within 12 menths after- assufnifig 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 7, 1997 �j `� 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 Type. 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 7, 1997 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. Collateralization. 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 7, 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 parry 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 7, 1997 ��-/0 6. Certificates of deposit issued by state and national banks domiciled in 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 7, 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 7, 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 7, 1997 %, " —13 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 collateralization 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. 9 City of Southlake Investment Policy-amended October 7, 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. to City of Southlake Investment Policy-amended October 7, 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 Cite. 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 Cite Council. Selected Investment Advisors and Broker/Dealers shall provide timel%' 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 7, 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 A. Quarterly Reporting, The Investment Officer shall submit a signed quarterly 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 parry independent pricing source to determine the value of the City's investment portfolio. 12 City of Southlake Investment Policy-amended October 7, 1997 .j. _ —/7 6. The City'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. 13 City of Southlake Investment Policy-amended October 7, 1997 /Q � _! U 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 7, 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 7, 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 7, 1997 �� 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 7, 1997 Positive Yield Curve. A condition where Rate of Return. The yield obtainable on a interest rates are higher on long-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 7, 1997 ?,3 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 7, 1997 ��— City of Southlake,Texas I MEMORANDUM October 3, 1997 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Resolution No. 97-59, Amending the Fee Schedule Each year in connection with the annual budget preparation, the City's schedule of fees is reviewed by the different departments. Recommendations for changes are made to the City Manager's Office, which are taken into consideration during budget preparation with the City Council should they have a significant fiscal impact. Resolution 97-59 represents the changes for FY1997-98 recommended by the City staff. The Fee Schedule was last amended in July 1997 to reflect the increased Park Dedication Fee. There are several changes recommended with Resolution 97-59, the most significant of which are the fees associated with accepting credit card payments for Municipal Court fines and fees, reflected in Section I., Administrative Activities, #1 and #13. A return credit card charge of $"20 is recommended in case a card is dishonored and the City must pursue collection as with a returned check. The credit card use fee is based on 2% of a Municipal Court fine or fee; with increments of $2 up to $20. The credit card company being considered (VISA) charges their fee based on the amount collected per day, and can vary from 1.5% up to 5%. The 2% rate is proposed as an initial rate; the intent is to recover as close to the actual amount assessed to the City by the credit card company. Periodic comparison would be made of actual percentages charged by VISA to the amounts Southlake collects. Credit cards acceptance as a payment method may provide an incentive to some customers, and therefore boost the City's fine collection. The use of credit cards is initially being recommended for Municipal Court fines to determine the cost, convenience to the customer, and benefits to the City. An expanded acceptance of credit cards for other city services may result, depending on the feedback that we receive after implementation. Any recommendation would be brought back to the Council for their consideration. Under Section I. Administrative Activities #4, the water customer mailing list is increased from $35 to $45 to reflect the increased number of labels that are used to generate the customer mailing list. In previous years, the 5,000 labels contained in one box was enough to print the list; now there are around 6,800 labels needed. Se_ Curtis E. Hawk Resolution No. 97-59, Amending the Fee Schedule October 3, 1997 page 2 Section III. Public Works Activities #27 and #28 are deleted, since they refer to the Perimeter Street Fees and Critical Drainage Structures that were superseded by the Roadway Impact Fees adopted in April 1996. The #27 is added again for recycling bins ($6.00) and lids ($4.00). With new customers, a recycling bin and lid are provided. If a customer desires an additional or replacement bin or lid, they will be charged for each. Section IV., Park Activities, is amended per recommendations from the Park Board. The Resident Building Reservation fee per year has been modified based on the number of scheduled meetings, and the refundable security deposit is increased from $50 to $100. Building Reservation for Special Activities security deposit remains at $50. Clarification of the deposit purpose is made; it is for Security and Clean-up. This will permit the Parks and Recreation staff to utilize the deposit for clean-up costs if required. LAH City of Southlake,Texas RESOLUTION NO. 97-59 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING RESOLUTION NO. 97-50; PROVIDING THAT THIS RESOLUTION SHALL BE CUMULATIVE OF ALL PROVISIONS OF RESOLUTION NO. 94-46, NO. 94-61, NO. 95-05, NO. 95-34, NO. 95-50, NO. 96-57, NO. 97-50; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake heretofore adopted Ordinance No. 592 providing for the adoption of fees and revisions thereto from time to time by resolution; and WHEREAS, the City Council with Resolution No. 97-59 set a schedule of fees for certain services; and, WHEREAS, the City Council has reviewed the Park Activities fees and has determined that certain fees should be amended in the fee schedule. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Schedule of Fees, Section I., Administrative Activities, #1 and #4 be amended and #13 be added; Section III., Public Works Activities, #27 and #28 be deleted and #27 added; and Section IV. Park Activities, #1, #2, and #6 be amended per the attached Schedule of Fees. Section 2. That this resolution shall be cumulative of all provisions of Resolution No. 94- 46 of the City of Southlake, Texas, except where the provisions of this resolution are in direct conflict with provisions of such resolution, in which event the conflicting provisions of such resolution are hereby repealed. Section 3. That the fee established herein shall be effective upon passage of this Resolution and shall take precedence over any fees previously adopted which are in conflict herewith. PASSED AND APPROVED this the day of , 1997. CITY OF SOUTHLAKE, TEXAS ATTEST: Mayor Rick Stacy Sandra L. LeGrand City Secretary D-1 W P-FlLES\RE59759.DOC11.h �-3 City of Southlake,Texas SCHEDULE OF FEES ACTIVITY FEE SECTION I. Administrative Activities 1. NSF Check Return Charge (amended Res. #97-59) $20.00 Credit Card Return Charge $20.00 2. Copy Charges $.10/page 3. Water Service Customer Listing $1.00/computer page 4. Water Customer Mailing Labels (Amended Res. #97 s9) $35-00 $45.00 5. Offense/Accident Report : (Amended Res.#95-50) Basic $ 4.00 Certified $ 6.00 Written Certification that no report exists $ 4.00 6. Burning Permits $0.00 7. Ambulance Fees: Transport-Baylor, Grapevine (w/o oxygen) $150.00 Transport-Baylor, Grapevine (with oxygen) $160.00 Transport-Other Hospitals (w/o oxygen) $300.00 Transport-Other Hospitals (with oxygen) $310.00 8. House Moving Permit $10.00 + $1,000 Surety Bond + 1.5 x hourly rate of 2 police officers utilized in the move 9. Solicitation/Vendor Permit $35.00 (Co. license) +$10.00/Agent + $1,000 Surety Bond 10. Seasonal Permits $25.00 11. Vital Statistics: Certificate of Death $9.00 / 1st copy 3.00 each add'l copy at time of initial request Certificate of Birth (Amended Res.#95-34) $13.00 / copy L:\CTYSHARE\WPFILES\FEES1097.DOC �� G� PAGE 1-SCHEDULE OF FEES City of Southlake,Texas SCHEDULE OF FEES ACTIVITY FEE 12. Wrecker Permit Fee: (Amended Res.#94-61) Permit fee per wrecker vehicle $24.00 per year (waived for contract agency) Permit Fee per authorized driver $12.00 per year (waived for contract agency) 13. Credit Card Use Fees (added Res. #97-59) (Municipal Court Fines and Fees Only): up to and including $200 $2.00 $201 to $300 $4.00 $301 to $400 $6.00 $401 to $500 $8.00 $501 to $600 $10.00 $601 to $700 $12.00 $701 to $800 $14.00 $801 to $900 $16.00 $901 to $1,000 $18.00 $1,001 and up $20.00 SECTION II. Community Development Activities 1. Board of Adjustment requests $200.00/request 2. Amendment to Zoning Ordinance $200.00/request 3. Zoning Only $200.00 + $10/Acre 4. Concept Plan Only $200.00 + $10/Acre 5. Zoning & Concept Plan $300.00 + $10/Acre 6. Zoning and Site Plan $300.00 + $10/Acre 7. Zoning/Concept & Site Plan $500.00 + $10/Acre 8. Specific Use Permit $200.00 + $10/Acre 9. Site Plans $300.00 + $10/Acre 10. Amended Plat 4 lots $200.00 + $20/Lot/Res $2W.00 + $20/Ac-Comm L:\CTYSHARE\WPFILES\FEES1097.DOC S(75- PAGE 2-SCHEDULE OF FEES City of Southlake,Texas SCHEDULE OF FEES ACTIVITY FEE 11. Amended Plat > 4 lots $300.00 + $20/Lot-Res $300.00 + $20/Ac-Comm 12. Plat Showing (1 lot) $200.00 + $20/Lot-Res $200.00 + $20/Ac-Comm 13. Plat Showing (multiple lots) $300.00 + $20/Lot-Res $300.00 + $20/Ac/Comm 14. Preliminary Plat (Non-P.U.D.) $300.00 + $20/Lot-Res $300.00 + $20/Ac-Comm 15. Preliminary Plat (P.U.D.) $300.00 + $30/Lot-Res $300.00 + $30/Ac-Comm 16. Final Plat (Non-P.U.D.) $300.00 + $20/Lot-Res $300.00 + $20/Ac-Comm 17. Final Plat (P.U.D.) $300.00 + $30/Lot-Res $300.00 + $30/Ac-Comm 18. Plat Revision $300.00 + $20/Lot-Res $300.00 + $20/Ac-Comm 19. Plat Vacation $200.00 Flat Fee 20. Rush Plat Filing $300.00 Flat Fee 21. Two-County Filing $50.00 Flat Fee 22. Extra Plat Page Filing $20.00 Flat Fee 23. Mapping (1:1000) -Blueprint $20.00 per map -Color $30.00 per map 24. Mapping (1:2000) -Black/White $5.00 per map -Color $10.00 per map 25. Mapping 11"x 17" plat reduction copies $2.00 per map 26. Mapping (digital tape format)(Aaaea Res.#95-34) $140.00 per tape 27. Street Name Change $100.00 per street 28. Temporary Batch Plant Permit $.00 per Permit L:\CTYSHARE\WPFILES\FEES1097.DOC �/�_� PAGE 3-SCHEDULE OF FEES City of Southlake,Texas SCHEDULE OF FEES ACTIVITY FEE 29. Tree Removal Permit $.00 per Permit 30. Park Land Dedication-Raw acreage cost $40,000.00 per acre (amended Res. #97-50) 31. Zoning Administrator Letter $25.00 32. Zoning Administrator Opinion/Interpretation $100.00 Letter SECTION III.Public Works Activities 1. Administrative Processing Fee 2% Actual Construction Cost 2. Computer Drainage Study: HEC I: $400.00 + $10/Linear Foot HEC II: $400.00 + $10/Linear Foot 3. Construction Inspection 3% Actual Construction Cost 4. Street Cut Permit $15.00 per Street 5. Easement Abandonments $150.00 Flat Fee 6. R.O.W. Abandonments $150.00 Flat Fee 7. Easement/R.O.W. Dedications $100.00 per Easement 8. Water Tap Fee 1" Meter $360.00 2" Meter $600.00 4" Meter $1,900.00 6" Meter $2,777.00 8" Meter $4,054.00 9. Sewer Tap Fee $75.00 10. Sewer Participation Fee (Added Res.#95-34) $1,300/lot 11. Water Administrative Service Charge $15.00 L:\CTYSHARE\WPFILES\FEES1097.DOC SC- 7 PAGE 4-SCHEDULE OF FEES City of Southlake,Texas SCHEDULE OF FEES ACTIVITY FEE 12. Water Deposits: Residential Accounts $50.00 Commercial AccountsReviewed by Utility Billing Supervisor 13. Fire Plug Meter Deposit (City Meter) $650.00 Fire Plug Meter Deposit (Own Meter) $100.00 14. Water Reconnect Fees for Non-Payment, Business Days Only: 8 a.m.-5 p.m.: 1st/2nd/3rd & subsequent $20/$40/$60 After 5 p.m.: 1st/2nd/3rd & subsequent $40/$60/$80 Weekends, anytime $40/$60/$80 15. Water Meter Re-installation Fee $50.00 16. Water Meter Reread Fee $5.00 17. Damaged or Broken Lock $25.00 18. Late Utility Payment Fee 5% of Outstanding Balance 19. Street Light Costs Developer pays installation + 2- year operation cost 20. Building Permit Fees Per the currently adopted U.B.C. (Administrative Code) 21. Water Well Permit $42.00 22. Tent Permit $15.00 23. Sign Permit, Permanent Type (1 - 50 sq ft) $50.00 minimum Sign Permit, Permanent Type (> 50 sq ft) $1.00 / sq ft Sign Permit, Temporary Type $25.00 Illuminated Sign, Electrical Permit $35.00 (in addition to above) 24. Request for Variance to Sign Ordinance $1W.W/request L:\CTYSHARE\WPFILES\FEES1097.DOC SC-8 PAGE 5-SCHEDULE OF FEES City of Southlake,Texas SCHEDULE OF FEES ACTIVITY FEE 25. Culvert and/or Approach Permit $42.00 26. Building Contractor's Registration Fee $75.00 27. Per-iriieter-StfeccTees "A" . vcz �L']lznlvis—nn (disee tifine with adoption of street inVaet fees 4 96) 27. Additional or Replacement Recycling Bins $6.00 Additional or Replacement Recycling Lids $4.00 (added Res. #97--59) SECTION IV.Park Activities (Amended Res.#95-34,Res. #97--59) 1. Building Reservations for Residents (amended Res. #97-59): Regular Meetings Reserwatie Fee per year $25.00 p 1 meeting $10.00 Quarterly to Monthly Scheduled Meetings $25.00 More than Monthly Meetings Scheduled $75.00 Security and Clean-up Deposit $100.00$50 00 (refundable) Week day meeting $10.00/hr 2. Building Reservations for Special Activities (amended Res. #9759): Security and Clean-up Deposit $50.00 (refundable) The Lodge (with Kitchen) $15.00/hr Community Center/room $15.00/rm/hr Community Center/entire building $35.00/hr 3. Organized Athletic Programs $1,000,000 General Liability Insurance Policy 4. TV/VCR Rental Fee No charge with reservation 5. Equipment Rental: (Driver's license held) Tennis Racket & Balls No charge Volleyballs No charge Basketballs No charge L:\CTYSHARE\WPFILES\FEES1097.DOC ��_ PAGE 6-SCHEDULE OF FEES City of Southlake,Texas SCHEDULE OF FEES ACTIVITY FEE 6. Reservations of Park Facilities (amended Res. #97-59): Security and Clean-up Deposit (group of 100 or more require) $50.00 (refundable) Hilltop Picnic Area $5.00/4 hrs Pine Tree Picnic Area $5.00/4 hrs Bicentennial Pavilion $8.00/4 hrs 7. Reservations for Fields and Courts: Ballfields (No Lights) $7.50/1.5 hr/field Ballfields (With Lights) $15.0011.5 hr/field Soccer Fields $2.50/1.5 hr/field Field Preparation Fees: Weekday Games $25.00/field Weekend Games $37.50/field Multi-use Court (Hockey/Basketball) $10.00/hr Multi-use Court (With Lights) $15.00/hr Sand Volleyball Courts $5.00/hr/court Tennis Courts $5.00/1.5 hr/court L:\CTYSHARE\WPFILES\FEES1097.DOC �`j /I/D PAGE 7-SCHEDULE OF FEES s s City of Southlake, Texas MEMORANDUM ,.•• October 3, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of Bid for Highway 26 Paving and Drainage Modifications at Kimball Avenue BACKGROUND i The Commercial Developers Agreement for Heritage Industrial Park states in paragraph IV.B, "The Developer hereby agrees to improve State Highway 26 at the Continental Drive (now S. Kimball Ave.) intersection. Such improvements will include a) acceleration lane, b) deceleration lane, c) left-turn lane, d) street signalization, e) traffic control devices. The City will reimburse the Developer or its designee one-half of the total construction costs or $111,500 whichever is less for State Highway 26 and E. Continental Blvd. (S. Kimball Ave.) intersection improvements when E. Continental Blvd.(S. Kimball Ave.) is extended from (the existing) S. Kimball Ave. to S.H. 26." Because the City's share, of the total is greater than $15,000, the City Attorney recommended that the State requirement for municipal bids be followed. Therefore, even though the City's share of the cost for these improvements will not be paid until S. Kimball Ave is connected as a through street, which may be from one to ten years, the City and Trammel Crow publicly advertised and bid this project. The staff s intent is to proceed similarly to the construction of S. Kimball Ave. in Heritage Industrial Park, i.e., bid the project in agreement with Trammel Crow to manage the project. This project is needed to safely accommodate the traffic entering and exiting S. Kimball Ave. at S.H. 26. The first office/warehouse to open in the Business Park is in Southlake. Low bidder for this project is L.H. Lacy Company, with a base bid of$338,298.04. Bids were advertised on September 7 and September 14, 1997. Bids were publicly opened and read on September 24, 1997. 5D-1 BID TABULATION .. See attached bid tabulation sheet prepared by Halff and Associates. RECOMMENDATION Staff recommends City Council award the bid for intersection improvements at S.H. 26 and S. Kimball Ave. to L.H. Lacy Company in the amount of $338,298.04. Please place this item on the October 7, 1997 Regular City Council Agenda for City Council review and consideration. BW/cre Attachments: Bid Tabulation Sheet Heritage Industrial Park Commercial Developers Agreement Location Map D:\Word Files\Streets\HeritageIndusPark\26sigawd.doc 5D-2 rn co N T O O O O O O O O O O O O O O N O �f M O O O O O O O O O CA W O w tO O O O O N m M O CC) v O O O 00 V r Co O CO r M CA O O CA 1C) r CD It m U) A M V to to O 0 r lQ r r C7 M IT N r 10 r M T- c1 9 M C O O O O O O LO O O O Co O O O O R O O O O 1� O I- O O r CO O O H V O Co O M N O co M O O h Cl) I O r CD < C N tO M Q � i N co O O O O O O O O O O O O 1O r N O CO r Cp t[j O O O 1O 1p cl� CM CO tt r Co CO M N Cp lu m .N- ct co w CC co V, M 01 Opt M M 0) N ' N H O U O O O O O O O O O O O O O O O Cw O CD O M aD O O O O O V V Cn CV O O N CO CD 0 M O r O U*) O V V cM J 04 CN IT Cl rl- a cq O O CA N J � Z Z Z Z j O O O O J J J C) J J J t0 lA O M O r O O r O O r r O 'R CD P CD 1� h CA O N r co N CD it M Y O NC6 of C ++ f.L m m ...1 v E CO Q m c 0 _ 'o 0 0 0 a m c Z as M y H 8 'uS CO) acs ' co mm mo (A Q o m 2 mW aCoZ LL 93 a. a Wp x Co m sm V O M .� _ ? m Q 0 o aif c C m U ,O CO N QH to �. �. o( oE �Q o ° X � p h � a NN a N a c c a m a o O a m F- CS m v F- co CL cn F- F- U to = LTL ' W _ _M, CO)v i ) E O r N V) m r N Ch It O CO ti oo C) 5D-3 1 1` W D . ki Ui O O O O O O O O I� � N O O O 00 O� N 40 f` 1 r- CO O O O O CO CO N m O N N N N C O _ F A O O O O O o O M CU CD UQ N N a c Q � 0 0 0 0 0 0 0 0 o C� O O o 0 0 0 0 0 0 C! 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QQ QQ Qq Qq C J J (11 W J W W J J O co .- Cl0 on r- N N Y ° OC IL Q - a 1p co z to Q a s °1 W m • � 0 c c c CL 6 ° .: .: '5 ° U 0 V c m c c co oco -6 a c c Q g • _ = cc 06 a vai N (7OD N U C) m O •tea o o N Q X O 0 , c O C° T COM CO)J T A W N C7 10 m 1� CO L O) m 5D-4 ti rn co N a O O 0 to T co coo 1,- O YMf Q `7 N W 'I CO) `? 00 O � V M I 'a C = m � � U x ti N U Q IL Q 0 0 0 o a Un c+i o w is �T Carl tp M N M c CV) m R U U � cc 0 J S Y Q a QCO) z o °° o o � a H _ c � Qp � mw Z u. ~ c m _ n.o W0 � c o oZ Q M = F' U c In co m ;am m o X N ~ a a to Cd LL' ai = ca m m 5Q5 HERITAGE INDUSTRIAL PARK, BLOCK A COMMERCIAL DEVELOPERS AGREEMENT 12/31/96 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 Heritage Industrial Park, Block A, 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 Heritage Industrial Park, Block A, (a commercial development) and to the off-site improvements necessary to support the subdivision. I. GENERALREQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the public facilities to be constructed by the Developer,and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the facilities if the Developer fails to complete the work within two (2) years of `�— the signing of this agreement between the City and Developer. All bonds should be approvitd by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2)years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. 1 5D-6 D. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove, which are intended `..� to be public facilities, shall be vested in the City of Southlake and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. E. On all public facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: 1. The Developer will not be required to pay any inspection fees of the public water, streets, drainage facilities, and sanitary sewer. 2. The Developer will not be required to pay any Administrative Processing Fees for public water, streets, drainage facilities, and sanitary sewer. It is agreed by both the City and the Developer that the City will pay the following testing fees and the Developer will be responsible to pay for all other testing fees required by the City not listed below: a) All nuclear density tests on the roadway subgrade (95% Standard). Trench testing(95% Standard) shall be paid by the Developer; b) All gradation tests required to insure proper cement and/or lime stabilization; c) Technicians time for preparing concrete cylinders; d) Concrete cylinder tests and concrete coring samples. Charges for retesting as a result of failed tests will be paid by the Developer. Fees are payable prior to construction of each phase, based on actual bid construction costs. The Developer will be responsible to pay for all inspection fees when inspection is required by the Developer on Saturday or Sunday. These fees are considered over and above the inspection fee as stated above. Acceptance of the project will not be given until all inspection fees payable by the Developer are paid. 3. To delay connection of buildings to service lines or water mains constructed under this contract until said water mains and-service lines have been completed to the satisfaction of and accepted by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which so-7 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. FACTT.ITIFS: A. OILS —W-ATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Heritage Industrial Park, Block A, to the City of Southlake. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and 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 of Southlake requirements,the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DR.-'tLNAGE: `e•- Developer hereby agrees to construct the necessary drainage facilities within the 50-s 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. The City will reimburse the Developer one-third of the total construction cost for all drainage facilities. C. STR FTS: 1. If applicable, the street construction in the Heritage Industrial Park, Block A, 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 determined by the Developer's engineer and reviewed by the Public Works Director. I 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. 4. The City will reimburse the Developer one-third of the total construction cost for all street 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. 5D-9 D. ONL-,SITE_SANITARYISFWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service Block A as shown on the final plat of Heritage Industrial Park, to the City of Southlake. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and 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. E. EROSION L�ONTROL: During construction of the subdivision and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72)hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the subdivision. F. AMEN ICTE It understood by and between the City and Developer that the Heritage Industrial Park, Block A, 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 items such as walls, vegetation, signage, landscaping, street furniture,pond and lake improvements until such responsibility is turned over to a property owners association. G. USE_OE=LIC 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 property owners 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 IN., its use of the public right-of-way with regard to these improvements and the 5D-10 Developer or the property owners association shall, at their own cost and expense, defend and protect City against all such claims and demands. H. START OF CQNS=CTLQLN: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by the City to be paid to the City. 4. Developers 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 sub-contractors and suppliers, which will be providing greater than a S1,000 value to Park. III. GENERAL PROVISIONS: A. IND-EMNIFICAM-N 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 ARISING BEFORE THE CITY ACCEPTS THE IMPROVEMENTS, INCLUDING DEATH, TO ANY 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; ALL TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, r..- ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, 5a11 SUBCONTRACTORS, LICENSEES, OR INVITEES. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES, IF AND ONLY IF DEVELOPER'S NEGLIGENCE CONTRIBUTED TO THE DAMAGE, CLAIM, OR LIABILITY. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or`negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings bought against the City, its officers, agents, servants or employees, or any of them, on account thereof,to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. ... In addition, the Developer, or Contractor shall furnish the payment and performance s0.12 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. PARK FEES: The developer agrees to pay the Park Fee for Heritage Industrial Park,Block A, of $500 per acre/lot, in accordance with the Subdivision Ordinance No. 483, Section 7.0. There are approximately 11.054 acres in Heritage Industrial Park, Block A, which would bring the total cost of Park Fee to $5,527. B. STATF. HT THWAY 26 The Developer hereby agrees to improve State Highway 26 at the Continental Drive intersection. Such improvements will include a) acceleration lane, b) deceleration lane, c) left-turn lane,d) street signalization, e) traffic control devices. The City will reimburse the Developer or its designee one-half of the total construction costs or $111,500 whichever is less for State Highway 26 and E. Continental Blvd. intersection improvements when E. Continental Blvd. is extended from S. Kimball Ave. to S.H. 26. C. ROADWAY IMPACT FFF The Developer shall not be responsible to pay the Roadway Impact Fee in accordance with Ordnance No. 657, estimated to be$44,607.92. D. REIMBURSEMF.ZIT All amounts required to be paid or reimbursed to the Developer by the City for work performed or improvements made shall be paid within (10) ten days after the work or improvements in question have been completed and approved by the City. � s 5Q-13 SIGNED AND EFFECTIVE on the date last set forth below. DEVELER: C'Ri Indus pment, L.P. By: Crow amily, Inc , itAgeral partner Title: unties C• �-�'1,r�CfLl i G1CS, Vitt �'GB.tG�G�' Addr : 3200 Trammell Crow Center 2001 Ross Avenue Dallas, Texas 75201 Date: 1 �O CITY OF SOUTHLAKE, TEXAS By: (��z J06�� Ric acy, Mayor ATTEST: G Y�0�4i�� Sandra LeGrand, City Secretary * �G * _` DAte: /1�7 a �rX31'`3�``�. ui��Hrn 5D-14 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) yeart 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. D''W-IILF-COYYEM 11ER1TA0E-DEV-AUK VDU 10 5D-15 Area of Proposed SH 26 I S. Kimball Intersection 1 mprovementi F A sr MW EW OCR P Q 1 W 5 l City of Grapevine O AV F� rJO PARK1 b 11 pie — EM N 50-�s YY �A'b Scale • 111:1,0001 4 City of Southlake, Texas MEMORANDUM j October 3, 1997 i TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of Bid for the Supervisory Control and Data Acquisition (SCADA) . I BACKGROUND The Supervisory Control and Data Acquisition (SCADA) System is a computerized control system designed to allow for the remote monitoring of water and sewer systems. The City currently uses SCADA to monitor water tank levels and flow of water through the water system. Until the water SCADA system was reprogrammed to respond to the new ground water storage tank, the lift stations could not be added, therefore the delay in request for these bids. This proposed system allows the Water Utilities Division to monitor the sewer lift stations remotely, as well. The proposed system will consist of a central computer station that will monitor five lift stations. It will allow for real time monitoring of the system and provide for faster response times to equipment failures, power outages, and other emergencies. Currently, the lift stations have modems that dial into dispatch if there is a system failure, dispatch then alerts the Water Utilities Division. This system has become somewhat unreliable and does not allow for real time system monitoring. The new system uses a radio frequency to send and receive information rather than modems. If approved, the SCADA system will also be implemented on future lift stations. The cost will be included with each individual project. Low bidder for this project is GE Team Controls, with a bid of$59,695.00. BID TABULATION See attached bid tabulation sheet. I 5E-1 FUNDING/FISCAL IMPACT Fundingin the amount of $70,000.00 was approved in the 1996-1997 budget. Since PP g this project is being recommended for the new fiscal year, these funds have been encumbered. RECOMMENDATION Staff recommends award of bid for installation of a SCADA system on five sewer lift stations to GE Team Controls in the amount of $59,695.00. Please place this item on the October 7, 1997 Regular City Council Agenda for City Council review and consideration. CRE/cre Attachments: Bid Tabulation Sheet D:\Word Files\Sewer\SCADA\scadaawd.doc 5 E-2 t `= o � c c g ch N 3 w a Q O r V7 N r cn W Q O oM0 00 U Q O a N � vE- ooAos, � v °„° E, U oo p x 0 aa � 00 O cz u 94 all g g oc Vs a O ,> N h � I w R CN = Cj '0 . u VN' O C Z 0.1 N E. ONvm J E Cw7 — o a Q Z Q � �., � o < z W mo � 0 n r z w _ _cz c 6J C x � j, C C W :, a2 A y u E2 _ > cn c 3 U o c LLL c-. c. O a Y F- >- U ^ .. O C SE-3 F O - v � a 0 U N LL O N � U Q � a a 0 w a 00 0 0 0 S O 00 00 t- .. cn sOO�s en Y a 00 g g 00 fn to E� 6s vi U- W Z N U 5E-4 City of Southlake,Texas f MEMORANDUM October 1, 1997 TO: Curtis E. Hawk, City Manager FROM: Darcey Imm, Assistant to the City Manager i SUBJECT: Scope of Services Agreement with Keep Southlake Beautiful. Attached is the contract for services with Keep Southlake Beautiful. This annual agreement outlines the services KSB provides in return for the financial and administrative support contributed by the i City. There have been no modifications since last year's contract except for the increase in the ! payment for services from $3,000 to $4,500. This additional funding to KSB was included in the FY97 budget. Keep Southlake Beautiful anticipates using these additional funds to implement several ' new programs such as Adopt-A-Spot and a quarterly newsletter. Please place this item on the October 7, 1997 City Council Agenda for their consideration. I will be ! happy to answer any questions you may have. DAI Attachments: Scope of Service Agreement Letter from Lisa Stokdyk �f'I AGREEiv1EN'T FOR COMMUNITY SERVICES STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and Keep Southlake Beautiful (KSB), a nonprofit organization operating in the City of Southlake as an organization described in section 501 (c)3 of the Internal Revenue Code, acting by and through its duly authorized President. WHEREAS, the purpose of Keep Southlake Beautiful (herein referred to as "KSB") is to provide educational and motivational programs to improve the appearance of the City of Southlake and to preserve and enhance the local natural environment; and WHEREAS, KSB is a recognized member of Keep America Beautiful and Keep Texas Beautiful with full membership rights and resources; and WHEREAS, City and KSB desire to enter into an Agreement whereby KSB will provide beautification services to the citizens of Southlake; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and KSB do hereby covenant and agree as follows: October 7, 1997 1 SECTION 1 SCOPE OF SERVICES KSB shall provide the following services: 1. Management of Adopt-A-Street programs on non-State highways within the City of Southlake. 2. Litter pickup along city streets, shores, and parks as allowed by available volunteer workers. 3. Education of citizenry on environmentally sound waste disposal practices, recycling, and pollution control. 4. Promotion of tree planting and city beautification through landscaping. 5. Cooperation with local agencies, businesses, and citizens to render educational and other services as is available through funding or other programs to promote beautification and environmental awareness. L— 6. - Maintain certification as an affiliate of Keep America Beautiful, Inc. and Keep Texas Beautiful. SECTION 2 KSB FUNCTIONS 1. KSB Board of Directors shall meet periodically. The time, date, place, and agenda of these meetings shall be solely defined by KSB. 2. KSB shall operate in accordance with its own approved by-laws. 3. Administration of the Adopt-A-Street program shall be coordinated by KSB. 4. The City shall have the right to review the books and records kept incident to the services provided by KSB to the City. 5. KSB shall provide a quarterly written report to the City. This report shall include: a October 7, 1997 2 disclosure of the KSB financial status, operations conducted during the preceding quarter, planned future operations, and any other information agreed to by both KSB and the City. SECTION 3 CITY FUNCTIONS 1. A liaison will be provided by the City to assist KSB in coordinating KSB and City operations. 2. City shall provide staff assistance, advice, and technical expertise where feasible to aid KSB. 3. City shall provide administrative support to KSB, where feasible. The nature, extent, and duration of this support shall be solely defined by the City. 4. City shall provide a meeting space for KSB Board of Directors meetings. 5. City shall provide vehicles, and personnel, where feasible, to assist KSB in the operation of Adopt-A-Street trash collection events. The nature, extent and duration of this assistance shall be solely defined by City. SECTION 4 PAYMENT FOR SERVICES City agrees to pay to KSB the sum of Four Thousand Five Hundred Dollars ($4,500) in payment for services described in Section 1 hereinabove. October 7, 1997 3 SECTION 5 TERM OF AGREEMENT The term of this agreement shall be for a period of one (1) year beginning October 1, 1997 and ending September 30, 1998. IN WITNESS WHEREOF the City and KSB have executed this agreement as of this day of , 1997. Approved as to legal form: Attorney at Law Mayor, City of Southlake President, Keep Southlake Beautiful October 7, 1997 4 C�� Keep Southlake Beautiful, Inc. $OUt71� A 1725 E. Southlake Blvd. Southlake, Texas 76092 iiii eautI{v September 25, 1997 Lisa Stokdyk,President Kay Baker,Vice President Mike Lease,Treasurer Dear Mayor and City Council Members: Suzanne Tuttle,Secretary Debra Baynard Cora Brannon Wendi I wanted to take a moment to thank you for your encouragement and Carlucci Barbara Derby support of Keep Southlake Beautiful. KSB constantly seeks to Debra Edmondson Caroline Havens contribute to the quality of life and community spirit within our City. Rosemary Hutchins As we all know, Southlake is changing rapidly and KSB attempts to Anne Peel Tod Radford address th<iEom an in changes in environmental concerns and Marcclle Schwartzstein Julia Smith interest a citize_�DuthlakP Your increased financial support Margo Walters will allow us to continue to fulfill our mission to strive through educational and motivational programs to improve the appearance of Southlake, and to preserve and enhance our local natural environment. KSB, like the City as a whole, is constantly changing. We have recently •— had several new�b rd members join us. We believe enth sias a infusion of new idea5,�coupled with the support of Council and Southlake Citizens will make the upcoming year a I tremendous success. KSB has had an active year in 1996-1997 and we only hope to do more this year to Keep Southlake Beautiful. A KEEP TEXAS BEAUTIFUL Thank you again for your support. PROUD COMMUNITY Lisa Stokdyk, President Keep Southlake Beautiful, Inc. $OUt 1725 E. Southlake Blvd. j co Southlake, Texas 76092 4!�eautiO September 25, 1997 Lisa Stokdyk,President Kay Baker,Vice President Mike Lease,Treasurer Dear Mayor and City Council Members: Suzanne Tuttle,Secretary Debra Baynard Cora Lee Brannon Wendi Carlucci I wanted to take a moment to thank you for your support and Barbara Derby encouragement of Keep Southlake Beautiful. KSB constantly seeks to Debra Edmondson Caroline Havens contribute to the quality of life and community spirit within our City. Rosemary Hutchins As we all know, Southlake is changing rapidly and KSB attempts to Anne Peel Tod Radford address the associated changes in environmental concerns and interests lc Schwartzstein Julia Smith of our citizens. Your increased financial support will allow us to Julia S Margo Walters continue to fulfill our mission to strive through educational and motivational programs to improve the appearance of Southlake, and to preserve and enhance our local natural environment. KSB has recently had several new board members join us. We believe this infusion of new ideas and enthusiasm, coupled with the support of Council and Southlake Citizens will make the upcoming year a tremendous success. KSB has had an active year in 1996-1997 and we " only hope to do more this year to Keep Southlake Beautiful. Thank you again for your support. A KEEP TEXAS BEAUTIFUL PROUD COMMUNITY Sincerely, Lisa Stokdyk, President ' An Affiliate of � ' Keep America Beautiful, Inc. City of Southlake, Texas MEMORANDUM (ap., October 3, 1997 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Community Services Manager SUBJECT: Scope of Services Agreement for Lake Cities Community Band The Fiscal Year 1997-98 Annual Budget allocated $4,000 for the Lake Cities Community Band in exchange for the provision of services by that organization. This scope of services agreement outlines those services which will be provided to the citizens of Southlake by the band. The term of the agreement is for one year commencing October 1, 1997. The agreement is the same as the previous year's agreement. The concert schedule has been reviewed by the Parks and Recreation Department and by Mr. Franklin Peterson, the current president of the band. Please place this item on the October 7, 1997 City Council agenda for their consideration. Feel free to contact me if you have any additional questions. KH Attachment: Scope of Services Agreement -- Lake Cities Community Band L AGREEMENT FOR COMMUNITY SERVICE STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and the Lake Cities Community Band (Band), a nonprofit organization operating in the Southlake, Grapevine, Colleyville area as an organization described in section 501(c)3 of the Internal Revenue Code, acting by and through its duly authorized President. WHEREAS, the purpose of the Band is to support a strong local arts program through local concert events which help provide a focus for the expansion of other arts programs in the City of Southlake; and, WHEREAS, the Band has served Southlake and surrounding communities through such events since 1992; and, WHEREAS, the City and the Band desire to enter into an Agreement whereby the Band will provide entertainment and educational services to the Southlake community and others as referred to by the City; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and Band do hereby covenant and agree as follows: WWP-FILES\COMMSVCS\CONTRACTBAND-98.DOC October3, 1997 1 �G-� SECTION 1 SCOPE OF SERVICES The Band shall provide the following services: 1. Provide citizens access and opportunity to participate in the arts, support community cultural events, and provide educational programs to both children and adults in the community. 2. Perform at least six concert events, free to the public, between December 1997 and September 30, 1998. Proposed events include: • Fall Concert, October 12, 1997 • Holiday in the Park; Tuesday, December 2, 1997 • Winter Holiday Concert; December 21, 1997 • Annual Young People's Concert; February 15, 1998 • Spring Concert / 2 day seminar; May 10, 1998 • City of Southlake July 4th Celebration; TBD 3. Scheduling of concerts and make-up concerts, if necessary, will be by agreement of the City Parks and Recreation Director and the Band President. SECTION 2 BAND'S OPERATIONS 1. Band shall operate in accordance with its own approved by-laws. 2. The City shall have the right to review the books and records kept incident to the services provided by the Band to the City. M:\WP-FILES\COMMSVCS\CONTRACT\BAND-98.DOC October3, 1997 2 SECTION 3 PAYMENT FOR SERVICES City agrees to pay to the Band the sum of Four Thousand ($4,000) Dollars in payment for services described in Section 1 hereinabove. SECTION 4 TERM OF AGREEMENT The term of this agreement shall be for a period of one (1) year beginning October 1, 1997 and ending September 30, 1998. IN WITNESS WHEREOF the City and the Band have executed this agreement as of �.., this day of , 1997. Approved as to legal form and adequacy: Attorney at Law Mayor, City of Southlake President Lake Cities Community Band M:\WP-FILES\COMMSVCS\CONTRACnBAND-98.DOC September24, 1997 3 City of Southlake,Texas MEMORANDUM October 2, 1997 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Community Services Manager SUBJECT: Scope of Services Agreement for Grapevine Relief and Community Exchange (GRACE) The Fiscal Year 1997-98 Annual Budget allocated $7,500 for GRACE in exchange for the provision of services by that organization. This scope of services agreement outlines those services which will be provided to the citizens of Southlake by GRACE. The term of the agreement is for one year commencing October 1, 1997. The agreement is essentially the same as the previous year's agreement. The following items were added by Ms. Tricia Wood, GRACE Executive Director, to the services provided by GRACE: 1) Transitional housing for homeless families. 2) Housing repair and construction through GRACE Habitat. 3) Low cost shopping at GRACEFUL BUYS Resale. There were no other changes to the agreement and the amount budgeted is the same as the previous year. Please place this item on the October 7, 1997 City Council agenda for their consideration. Feel free to contact me if you have any additional questions. W KH Attachment: Scope of Services Agreement -- GRACE t AGREEMENT FOR COMM1UNITY SERVICE STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and Grapevine Relief and Community Exchange (GRACE), a nonprofit "relief" center operating in the Grapevine-Southlake-Colleyville area as an organization described in section 501(c)3 of the Internal Revenue Code, acting by and through its duly authorized Executive Director (hereinafter referred to as GRACE). WHEREAS, the purpose of GRACE is to centralize resources and to provide food, clothing, referral, and available financial assistance to the needy of the Grapevine-Southlake- Colleyville area, and others as referred by GRACE members; and WHEREAS, City and GRACE desire to enter into an Agreement whereby GRACE will provide "relief' services to the needy of the Southlake community and others as referred by City; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and GRACE do hereby covenant and agree as follows: M:\WP-FILES\COMMSVCS\CONTRACT\GRACE-98.DOC October 1, 1997 1 SECTION 1 SCOPE OF SERVICES The scope of Service shall include: 1. Short term emergency assistance for food and clothing needs. 2. Administration of direct aid as funding allows (assistance with utilities, rent, medicine, gasoline, and other vital necessities). 3. Referrals to area agencies and organizations. 4. Distribution of furniture or other donated resources intended for emergency purposes as available. 5. Cooperation with local organizations to render additional aid in certain instances as this assistance is available, through either designated funding or seasonal programs. 6. Case management for repeated or extended emergency assistance. 7. Supplemental food commodities distribution for households on a low or fixed income. 8. Transitional housing for homeless families. 9. Housing repair and construction through GRACE Habitat. 10. Low cost shopping at GRACEFUL BUYS Resale. SECTION 2 GRACE'S OPERATIONS 1. Hours of Operations shall be solely defined by GRACE. 2. The City shall have the right to review the books and records kept incident to the services provided by GRACE to the City. M:\WP-FILES\COMMSVCS\CONTRACT\GRACE-98.DOC October 1, 1997 2 SECTION 3 PAYMENT FOR SERVICES City agrees to pay to GRACE the sum of Seven Thousand Five Hundred ($7,500) Dollars in payment for services described in Section 1 hereinabove. SECTION 4 TERM OF AGREEMENT The term of this agreement shall be for a period of one (1) year beginning October 1, 1997 and ending September 30, 1998. IN WITNESS WHEREOF the City and GRACE have executed this agreement as of this day of , 1997. Approved as to legal form and adequacy: Attorney at Law Mayor, City of Southlake Executive Director, GRACE M:\WP-FILES\COMMSVCS\CONTRACT\GRACE-98.DOC October 1, 1997 3 City of Southlake,Texas MEMORANDUM October 3, 1997 TO: Curtis E. Hawk, City Manager FROM: Shelli Siemer, Community Services Coordinator SUBJECT: Scope of Services Agreement for Metroport Meals on Wheels The City of Southlake currently contracts with Metroport Meals on Wheels to provide the weekly congregate lunch program for the senior citizens and the home delivered meal program for residents of Southlake. The scope of services include the following: • Coordinate and run the weekly senior congregate luncheon program and related activities held on Tuesdays. • Organize volunteers to plan and support the luncheon and home delivered meal programs. • Order and deliver meals to homes of Southlake residents Monday through Friday. • Perform general clean-up following each event. • Track attendance and costs to provide monthly reports to the city. • Maintain a database of Southlake Seniors for mailing information. After a detailed review of the costs associated with the two programs administered by Metroport Meals on Wheels, it has been determined that an increase of $1,000 to the contract price is necessary to cover their costs associated with the service. The Senior Advisory Commission approved a recommendation to increase the annual contractual amount to $6,000. This increase reflects the actual cost to run the congregate lunch and home delivered meal program. These costs include expenses related to meals, craft supplies, lunch supplies, newsletter distribution, office support and salary for the Metroport Meals on Wheels Program Director. Please place this item on the October 7, 1997 City Council agenda for their consideration. If you have any questions or comments, please contact me at extension#806. Ste- I AGREEMENT FOR COMMUNITY SERVICE STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and Metroport Meals on Wheels (hereinafter referred to as "MMOW"), a nonprofit organization operating in the Metroport area as an organization described in section 501 (c) 3 of the Internal Revenue Code, acting by and through its duly authorized Executive Director (hereinafter referred to as "Coordinator"). WHEREAS, the purpose of MMOW is to deliver hot meals to homes of the elderly in Southlake, Grapevine, Colleyville, Keller, Trophy Club, Westlake, Justin, Haslet and Roanoke and to manage senior programs and activities as needed to citizens of these Metroport communities; and WHEREAS, City and MMOW desire to enter into an Agreement whereby MMOW will provide meals and social services to the seniors of the Southlake community and others as referred by City; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and MMOW do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES The scope of Service shall include: MMOW 1. To coordinate, organize and run the weekly (Tuesday) Southlake senior congregate luncheon program and associated activities. 2. To organize volunteers to plan and support Southlake's Tuesday congregate lunch program and home delivered meal program to Southlake residents. 3. Order necessary meals, cover costs and organize delivery of meals to homes of Southlake residents Monday through Friday, and also to the Southlake Senior Luncheon and associated activities (with luncheon) on Tuesdays. 4. Track attendance and costs associated with the weekly congregate lunch program and the home delivered meal program. Prepare and provide reports to the City on a monthly basis due the 15th day of each month. 5. Perform general clean-up following each event. 6. Maintain database of Southlake Seniors for mailing labels and any other purpose associated with senior activities. CITY 1. Provide the facility each week from 10:00 am to 2:00 pm. (each Tuesday of the year). 2. Provide a staff liaison to provide guidance to MMOW and monitor activities. SECTION 2 MMOW'S OPERATIONS 1. Hours of Operation shall be from 10 am to 2 pm every Tuesday and shall be defined by the City of Southlake Senior Advisory Commission, City of Southlake Community Services Division, and MMOW. 2. The City shall have the right to review the books and records kept incident to the services provided by MMOW to the City. SECTION 3 PAYMENT FOR SERVICES City agrees to pay to MMOW the sum of$6,000 per year to cover the cost of the following: 1. A Senior Congregate Luncheon Coordinator provided through MMOW to perform services described in Section 1 herein above at$8.00 per hour for 8 hours per week. 2. Supplies provided by MMOW such as paper plates, cups, table cloths and craft supplies for the Southlake Senior Luncheon and publish a monthly newsletter. 3. Subsidize the cost of food from the Marriott Solana Hotel for those persons unable to pay for their meals. This includes meals served at the weekly Southlake Senior Luncheon and for home delivered meals for the elderly of Southlake. S' -- > 4. Individuals who can afford to pay for the luncheon or home delivered meal will be charged a maximum of$2.50 per person. MMOW will waive the luncheon fee if an individual brings a covered dish for the luncheon. Any increase in this fee shall be approved by the City of Southlake Senior Advisory Commission and the City of Southlake. The term of this agreement shall be for a period of one (1) year beginning October 1, 1997. Either party may cancel this agreement providing a 60 day notice is given. The parties may modify this agreement by written amendment executed by both parties. IN WITNESS WHEREOF the City and MMOW have executed this agreement as of this day of , 1997. Approved as to legal form and adequacy: Attorney at Law Mayor, City of Southlake Executive Director, MMOW ss- �{ City of Southiake,Texas MEMORANDUM October 2, 1997 TO: Curtis E. Hawk, City Manager FROM: Nona Whitehead, Community Services Coordinator SUBJECT: Approval of the Revised SPIN Boundaries Section 2 of SPIN Ordinance 598-A directs the SPIN Standing Committee to review neighborhood boundaries and recommend appropriate boundary changes to the City Council for approval. Several meetings were held over the summer as the map was divided into sections for review by the Executive Committee and the affected SPIN Representatives. The problem areas identified included 2 neighborhood subdivisions in more than one SPIN area, disproportionate population densities, and boundaries that were difficult to define verbally. The proposed map is attached and recommended changes are as follows: 1. Major thoroughfares have become the primary boundaries This change will help ensure neighborhoods are not split by SPIN boundaries, as it is expected that subdivisions would be contained within major thoroughfare divisions. 2. SPIN #4 has been merged into adjoining SPIN neighborhoods. The 60 residents in this mainly commercial area should be better served by their attachment to SPIN neighborhoods with residential concerns. The initial request to eliminate this SPIN was made by Janet Murphy, the current SPIN #4 representative. 3. SPIN #15 now includes the former SPIN #16. The eastern boundary of SPIN #15 is moved back to Davis Boulevard, and the north boundary becomes Florence Road. To allow for better representation in the high growth area south of F.M. 1709, SPIN #14 was divided and the number #16 assigned to the new area. Note that Stonelakes which was formerly in SPIN #13 is now in the new SPIN #16. 4. SPIN #9 becomes 9W and 9E. In order to keep the Timarron Villages together and yet divide the work load for representation, it was decided to use Byron Nelson as a logical major thoroughfare divide. The Representatives will work as a team to serve this growing area. �I Ed Regular City Council Meeting October 7, 1997 Revision of SPIN Boundaries Page 2 Due to the fact that the SPIN Standing Committee has given unanimous approval to the new map, I request that this item be placed on the agenda for the October 7, 1997 Regular City Council meeting for consideration and approval. Attachment: Proposed SPIN Map yeYtr' at" Nona Whitehead CRY Pi of s.P•'•"• Southlake � ��, Neighborhoods 1 ' 3 w DOWE Sr E 11 ! 5 12 _ w sr 6 Flom IV 13 10 E 5amuu�aw ac 15 8 7 16 9e 14 9w IN OWTW AL BLVD DISCLAIMER This data has been compiled for The of Southlake. Wous official inofficial sources were used to this information.Every effort made to insure the accvncy of , this data,however,no guarmtee is peen or implied as to the accuracy No Scale of said data. SPIN 4 is reserved for future growth use. `� City of Southlake, Texas I MEMORANDUM October 3, 1997 i TO: Curtis E. Hawk, City Manager i FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of Bid for the Slurry Grouting of ripe Bedding and Repair of Concrete Street Pavement in Timarron Bent Creek Subdivision I BACKGROUND i In 1994, street failures were observed in the Phase I section of Timarron. Over the course of approximately 12 months discussions were held between staff and the contractors to determine the possible causes of failures. In 1995, Wiss, Janney, Elstner Associates, Inc. was awarded a contract to investigate the possible causes of the failures with Alpha Testing doing the actual testing. In May 1996, a report was issued by Wiss, Janney, Elstner Associates, Inc. with the findings and recommended repairs. The project was authorized by City Council for implementation in the 96-97 budget, which allocated $650,000.00 for the entire project. The project was originally bid in June 1997, with a low bid of $682,024.00 by Hayward Baker Co. Council chose to reject all bids for the project and divide it into phases to spread the cost over several years. As a result, the project was divided in the following phases: Phase I- Creekway Bend Phase II- Bent Creek Drive Phase III- Bent Creek Drive (West), Bent Trail Drive, Bent Trail Circle Bids for Phase I of the project were advertised on August 24 and 31, 1997. Bids were publicly opened and read aloud on September 15, 1997. The low bidder for this project is Denver Grouting, with a low base bid of $436,440.30. This phase contains the longest portion of street and is most in need of repair. BID TABULATION See attached bid tabulation sheet. 5K-1 i I FUNDING/FISCAL IMPACT Funds for this project were budgeted in the FY 96-97 CIP budget. RECOMMENDATION Staff recommends the award of bid for slurry grouting of pipe bedding and repair of concrete street pavement at Timarron Bent Creek subdivision be placed on the October 7, 1997 Regular City Council Agenda for City Council review and consideration. BW/RH/cre Attachment: Bid tabulation sheet Timarron, Phase I Map DAWord Files\Streets\Timarron\groutingawd.doc 5 K-2 SLURRY GROU'I'LNG OF PIPE BEDDWG AND REPAIR OF CONCRETESTREET PAVE,' TMARRON PHASE I-BEN7 CREEK SUBDIVISION CREEKWAY BEND PHASE SOUTHLAKE,TEXAS WJE No. 961544 BID TABULATION FOR BIDS RECEIVED SEPTEMBER 15, 1997 AT 2:00 PM ITEM BIDDERS A. LUMP SUM PORTION OF BID Hayward Baker Denver Grouting A-1 General Conditions $95,000.00 $30,000.00 A-2 Performance Bond $2,890.00 $5,400.00 A-3 Labor& Material Bond $2,890.00 $230.00 Lump Sum Subtotal $100,780.00 $35,630.00 B. UNIT PRICE OF PORTION OF BID B-1 Continuous Slurry Grout Injection $65,989.50 $106,190.00 B-2 "Plug" Slurry Grout Injection $17,280.00 $3,840.00 B-3 Street Pavement Replacement $240,825.00 $240,825.00 B-4 Slab Jacking $45,825.00 $42,300.00 B-5 Rout & Seal Cracks & Joints $17,172.70 $7,655.30 Unit Price Subtotal $387,092.20 $400,810.30 TOTAL BID AMOUNT $487,872.20 $436,440.30 Bid Alternate F1 - Continuous Slurry Grouting at ($960.00) $0.00 "Plug" Injection Areas Less than Nominally 65 ft. Long Bid Alternate # 2 - Continuous Slurry Injection at (S6,144.00) $27,500.00 All Areas Qw 5K-3 � �►�11��ji�i City of Southlake, Texas i MEMORANDUM October 1, 1997 TO: Curtis E. Hawk, City Manager FROM: Darcey Imm, Assistant to the City Manager i SUBJECT: Contract to Extend the Composting Grant from North Central Texas Council of Governments. As you may recall, the City received a $30,000 grant from the North Central Texas Council of Governments in February of 1996. The purpose of the grant was to educate the residents of Southlake about backyard composting. Individuals who participated in a training class received a free composting bin. Due to a variety of factors, all of the bins were not distributed prior to the original completion date of the contract. Nearly 100 of the original 924 bins remain. Staff therefore requested, and was granted, an extension by NCTCOG until November 30. It is anticipated this will be ample time to conduct enough classes to distribute the remaining bins. The Parks and Recreation Department has been )rking with the schools to set up classes, and organizing one or two additional sessions for ividuals who have expressed interest in taking a class. As a means to provide these additional classes, a grant budget amendment is also being requested. No funds were originally allocated for instructors, and this has sometimes presented difficulties in coordinating classes. This budget amendment will permit the City to spend the excess from the supply funds to hire contract instructors for the upcoming classes. Please place this item on the October 7, 1997 Regular City Council Agenda for review and consideration. I will be happy to answer any questions you may have. DAI Attachments: Interlocal Agreement Contract Amendment North Central Texas Council Of Governments September 24, 1997 Darcey Imm Assistant to the City Manager City of Southlake 1725 East Southlake Blvd. Southlake, TX 76092 Dear Ms. Imm: Enclosed, please find two copies of the Contract Amendment (Contract#6106040061, Subcontract# 96-04-G22) between the City of Southlake and the North Central Texas Council of Governments. The contract amendment will extend the City of Southlake composting grant project through the end of November, 1997. Please have the Mayor sign both copies and return to NCTCOG, attention Scott Schoonmaker . Thanks for your patience. Please call if you need further assistance. Sincerely, Scott Schoonmaker Environmental Planner U Enclosures: Interlocal Agreement Contract Amendment, 2 copies xc: project file j 616 Six Flags Drive; Centerpoint Two P. O. Box 5888, Arlington, Texas 76005.5888 (817) 640-3300 FAX: 817-640-7806 ©recycled paper NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS INTERLOCAL AGREEMENT FOR SOLID WASTE PROJECT CONTRACT AMENDMENT 01 We,the UNDERSIGNED,agree to amend SUBCONTRACT#96-04-G22,Attachment A, Article 1 as indicated. Article 1 Period of Performance The period of performance of this agreement begins on March 8. 1996 and ends on November 30. 1997. COUNCIL OF GOVERNMENT SUBCONTRACTOR North Central Texas Council of Governments City of Southlake Contractor Subcontractor Signature Signature Mike Eastland Rick Stacy Name Name Executive Director Mayor Title Tide Date Date 5-M-13 City of Southlake, Texas MEMORANDUM October 3, 1997 TO: Curtis E. Hawk, City Manager FROM: Dennis Killough, Planner CASE NO: ZA 95-24 SUBJECT: Variance to the Subdivision Ordinance No. 483-E, Section 4.01(1)2 (Plat Expiration)Extending the Validity of Case No.ZA 95-24,Plat Revision-Lot 2111, Block C, Commerce Business Park. On March 21, 1995 the City Council approved Case ZA95-24, Plat Revision - Lot 2R1, Block C, Commerce Business Park. This plat has not yet been filed in the County Plat Records and expired on March 21, 1996. The applicant and owner of the property, Muller - Holdgate Partnership, Ltd. has requested that the validity of this plat be extended 1 month from the date of approval of this variance to allow adequate time for this plat to be filed. The owner has presented the City with the necessary corrected and signed black line mylars for filing. Because this plat has expired, a variance to Section 4.01(1)2 of Subdivision Ordinance No. 483-E (shown below)will be required if the extension is to be granted. "2. All other plats: A Final Plat, Plat Revision, Amended Plat or a Plat Showing which has not been recorded in the County Plat Records within one year of the date of approval shall expire. " The Staff Memorandum for the Plat Revision, a location map (tract map) and a reduced copy of the plat are attached for your convenience. Please place this item on the next Council agenda for their consideratigq. DKK att: Staff Memorandum, dated March 21, 1995 Location Map Reduction of the Plat Revision L:I WP-FILESAVE,LfOl95CASES195-024PE.WPD r City of Southlake,Texas MEMORANDUM March 21, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 95-24 Plat Revision REQUESTED ACTION: Plat Revision showing Lot 2R1, Block C, Commerce Business Park Addition, being a 6.6556 acre tract of land situated in the Thomas Easter Survey, Abstract No. 474, and being a revision of Lots 2R and 3R, Block C, Commerce Business Park Addition LOCATION: 540 Commerce Street, approximately 1300' South of E. Southlake Blvd. OWNER/APPLICANT: Muller& Holdgate Construction Services 'TJRRENT ZONING: "S-P-1" Detailed Site-Plan District LAND USE CATEGORY: Industrial (within 75 'LDN' -Avigation Easement required) NO.NOTICES SENT: One (1) i RESPONSES: No written responses received P &Z ACTION: March 9, 1995;Approved(7-0)ZA 95-24 Plat Revision subject to the Plat Review Summary dated March 3, 1995 deleting item #5 requirement to provide a 15'utility easement for water lines servicing any required fire hydrants. COUNCIL ACTION: March 21, 1995;Approved(5-0)ZA 95-24 Plat Revision subject to the second Plat Review Summary dated March 17, 1995. 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MC OMAL7••t-' AGE 1 MERIT ■ u Y qr 'r" Ds ..a � ,far i. .• -L a ER _r Y Q -fZr I t at IA a1 1!1 r m 1i II ' as' rot TI� • ✓ "7 a'" �4 (R6di�®Pd.DE S nr �nNG .t SUcA of p s x I 1 J „� 'J TRACT MAP �y� ° �'�' IN° „� ! tlems NI ASSOCIATE •' JNSUL'I'INC ENGINEERS — SL'Rb'EYORS — PLANNERS i a V �+ O 1 W $ k gl .1F s � �e$1s 0 a P oa1: 2 u 1 a `3- 31 i R WEI 1,61 "gill! 012 I I. i.;mow' _wf.n'..•�%- I ...._____._ :r tile,-1w-I'____-•�___._._-_... _....._.._._._ ( .rt v i•.-1N u r. I I i •�, I I - S s — yl j I - _- �-----.`� i . i 5n - �I . City of Southlake, Texas MEMORANDUM October 3, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works i SUBJECT: Resolution No. 97-65, Supporting the Streamlined Transportation Efficiency Program for the 21' Century (STEP 21) BACKGROUND i The Streamlined Transportation Efficiency Program for the 21" Century (STEP 21) is a proposed federal initiative that outlines new funding formulas for distributing transportation funds to the states. This program is described in the Intermodal Surface Transportation Efficiency Act Integrity Restoration Act, which has been filed by Congressman Tom DeLay (R-Texas) and Senator John Warner (R-Virginia). This act has been proposed to replace the original Intermodal Surface Transportation Efficiency Act (ISTEA), which expired on September 30, 1997. The North Central Texas Council of Governments (NCTCOG) supports the principles of STEP 21 and is soliciting official support of local government entities through resolutions. The attached resolution provides this support from the City of Southlake. RECOMMENDATION Staff recommends City Council adopt Resolution No. 97-65, which supports the Streamlined Transportation Efficiency Program for the 21" Century (STEP 21). Please place this item on the October 7, 1997 Regular City Council Agenda for City Council review and consideration. CRE/cre Attachment: Resolution No. 97-65 DAWord Files\Resolutions\Step 21\step21memo.doc j 5O-1 RESOLUTION NO. 97-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS SUPPORTING THE STREAMLINED TRANSPORTATION EFFICIENCY PROGRAM FOR THE 21ST CENTURY (STEP 21); ENCOURAGING STATE OF TEXAS OFFICIALS TO WORK TOWARD THE ADOPTION OF THE PRINCIPLES OF STEP 21; AND PROVIDING AN EFFECTIVE DATE WHEREAS, The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) expired on September 30, 1997; and WHEREAS, the nation's transportation infrastructure plays an integral part in the nation's economy and the Texas transportation system is a key component of the national network; and WHEREAS, the U.S. Department of Transportation has reported that the nation's transportation network is in dire need of a substantial increase of financial investment to bring the system up to standard and to meet expanding transportation demands; and WHEREAS, a strong national highway system requires adequate support to provide mobility and economic benefits for all states, and the nation as a whole, and to ensure that vital Texas transportation is connected; and WHEREAS, our nation needs a simpler, more responsive Federal Surface Transportation Program if we are to respond effectively to the transportation challenges and opportunities we will confront as we enter the 21" Century; and WHEREAS, a more flexible Federal Surface Transportation Program will better enable states, working together with their local partners, to develop locally crafted solutions to meet locally identified needs; and WHEREAS, the General Accounting Office has determined that current ISTEA funding formulas are not needs-based and use outdated factors for distributing funds among the states; and WHEREAS, the formulas used in the STEP 21 proposal, embodied in the ISTEA Integrity Restoration Act filed by Congressman Tom DeLay (R-Texas) and Senator John Warner (R-Virginia) are based on modern factors closely associated with the use of the transportation systems; and 50-2 WHEREAS, the upcoming reauthorization of Federal Surface Transportation Programs represents a critical opportunity to ensure that the federal methods of allocating federal transportation funds among the states are equitable and fair and take into consideration the true modern needs of the system; and WHEREAS, the STEP 21 proposal will: 1. Provide multi-year authorization for a simplified, consolidated, and adequately funded Federal Surface Transportation Program providing each state increased flexibility to meet unique state needs; 2. Respond to the key Federal Surface Transportation responsibility by supporting a consolidated, adequately funded, and more flexible national highway system; 3. Provide states and local governments with greater flexibility to address local transportation needs, including compliance with Clean Air Act mandates in non-attainment areas; 4. Provide a fairer balance between each state's highway tax contributions to the highway account of the Federal Highway Trust Fund and funds that states receive from the fund, while continuing to assist all states in providing road systems urgently needed for national and regional mobility, economic connectivity, international competitiveness, and national defense; 5. Preserve ISTEA partnerships with local governments and metropolitan planning organization in the decision making process in transportation planning and project selection, and retain the ISTEA sub-allocation for federal funds to transportation management areas; 6. Preserve ISTEA federal transit programs and funding structure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That all matters stated in the preamble are true and correct and are incorporated herein as if copied in their entirety. Section 2. That the City of Southlake supports the Streamlined Transportation Efficiency Program for the 21" Century embodied in H.R. 74 and S.335. Section 3. That the City of Southlake encourages the Texas Congressional Delegation, the Governor, the Lieutenant Governor, the Speaker of the Texas House of Representatives, and members of the Texas transportation community to support and 50-3 work toward the successful adoption of the principles included in the STEP 21 Proposal. Section 4. That the City Manager and the Public Works Department of the City of Southlake work cooperatively with the metropolitan planning organization and the Texas Department of Transportation, the Texas Congressional Delegation, state elected officials, the Texas Office of State-Federal Relations, other local elected officials, and other interested parties to facilitate the inclusion of the STEP 21 principles in the reauthorization process. Section 5. That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS ON THIS THE DAY OF , 1997. APPROVED: Rick Stacy Mayor ATTEST: Sandy LeGrand City Secretary APPROVED AS TO FORM: City Attorney D:\Word Files\Resolutions\Step 21\step2lres.doc 50-4 City of Southlake, Texas MEMORANDUM (W I October 3, 1997 i I TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer I i SUBJECT: Authorize the Mayor to Enter into an Amended Developer Agreement for Northwood Park, Phase I, and Bryson Square, Phase I, Located adjacent to Byron Nelson Parkway, South of F.M. 1709 BACKGROUND i Attached is an amended developer agreement for the referenced Timarron-Westerra Villages. The original construction plans for these villages included all the lots within Village "I"; however, the original developer agreement only addressed the first 79 lots. This amended developer agreement changes the number of lots form 79 to 139. All other terms of the original developer agreement remain the same. RECOMMENDATION Staff recommends that this amended developer agreement be placed on the October 7, 1997 Regular City Council Agenda for City Council review and consideration. RH/cre Attachment: Second Amendment Original Developer Agreement SP-t SECOND AMENDMENT TO TIMARRON, VILLAGE "I", PHASE 1 DEVELOPER AGREEMENT WHEREAS,on March 4, 1997 City of Southlake(the"City")and Westerra Timarron L.P. (the "Developer") entered into an agreement entitled Timarron Village "I", Phase 1 Developer Agreement (hereinafter referred to as the "Original Developer Agreement") for the installation of certain community facilities within said subdivision; and WHEREAS, the Developer has included the continuation of this phase to include additional lots; and WHEREAS, the City had reviewed and approved the construction plans for the additional lots during the approval process for the original 79 lots; NOW THEREFORE, SECTION 1. The Original Developer Agreement between the City and the Developer is hereby amended by revising the last sentence of the first paragraph to read as follows: It is understood by and between the parties that this Agreement is applicable to the 139 lots contained within the Timarron Addition and to the off-site improvements necessary to support the Addition. SECTION 2. All other terms and conditions of the Original Developer Agreement which are not amended hereby shall remain in full force and effect. 5P-2 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address Date: CITY OF SOUTHLAKE, TEXAS By. Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: M:\WP-FILES\SUBDIV.TiMARRONI,NORTH-W\3HASEI\AMD-DA2.WPD 2 5P-3 1 REC'., NED TRRON, NORTHWOOD, PHASE 1 & BRYSON SQUARE, pHAS �L' 19 1997 n'IA FORMERLY VILLAGE "I", PHASE 1 E�'T OF PUBLIC WORKS DEVELOPER AGREEME NT 05 30197 An Ageement between the City of Southlake, Texas, hereinafter referred to undersigned Developer, hereinafter referred to as the "Developer," of Timarras the "City," 1, to the City of Southlake, Tarrant County, tY�'� and the on Village "I,, Phase installation of certain community facilities located therein, and to provide Texas, hereinafter referred to as the "Addition," for the is understood by and between the parties that this Agreement is applicable Within the Timarron Addition and to the off-site improvements p ide city services thereto. It PP e to the o lots contained necessary to support the Addition. I GENFRAi uEQ M F, E A. It is agreed and understood by the parties hereto that the Developer civil engineer licensed to practice in the State of Texas for the design shall employ a of the plans and specifications for the construction of all facilities ovdered Mahon Agreement. by this B Since the Developer is prepared to develop the Addition as rapidly a is desirous of selling lots to builders and havingp y s possible and as quickly as possible and the City is desirous of having the building bdivision com begin as rapidly as possible, the City agrees to release 10% of the lots, eight completed installation of the water and sewer mains. Framing �ht (8), after �..., quality is approved by the city and all appropriate Fire oCodco e equirmence lnts water satisfied, and street signs with street names are in place. Tem or are ' sites securely fastened in the P ary all-weather metal mound are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building Certificates of Occupancy for residential dwellings will not be issuedopermits er t i or supporting public works infrastructure including the numbers and regulatory signs within the Addition have been acceptedstreet signs with block This will serve as an incentive to the Developer to see that all remaining the City. ' completed. , items are C. The Developer will present to the City either a cash escrow, le performance bond or payment bond acceptable to the City g tters of credit, to pay an amount equal to 100ing and agreeing °o of the value of the construct ntnecost f all f the facilities to be constructed by the Developer, and providing forpayment of such amounts, up to the total remaining amounts required for t comoleion lof the Addition if the Developer fails to complete the work within two 2 comp f the let* of this Agreement between the City and Developer. All bonds shall be iars s ued by a Best-rated bonding company. All letters of credit must meet the Requirement for Irrevocable Letter of Credit attached hereto and incorporated herein s 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 l SP-4 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 andi'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. Nfaintenance 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: 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 5P-5 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 aesilirtics 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. 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 SP-6 i 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 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 xhe 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. C. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. -4- 5P-7 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 deed 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. E. Oj'�L-SIIE_S A.N TARY-SE-VIER 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, -5- i 5P-8 i t regulations and codes and shall be responsible for all construction costs, materials and engineering. F. EROSION CQNT-ROL: 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 PITR1iC RIGHT-(TF-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 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. -6- 5P-9 I. START OF COWS-MUC IM: Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. Z CT RAT. PROVISIONS: A. INDEMNIFICATION PRIOR TO CITY ACCEPTANCE DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST AN"Y AND ALL CLAIMS OR SUITS FOR PROPERTY DANIAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIN"`D OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AIND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,MAINTENANCE, OCCUPY ANY,USE EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR D-VNIAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, -7- 5P-10 SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EtiIPLOYEES FOR A-NY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACTS OR OMISSIONS OF DEVELOPER, OR OF THE CONCURRENT NEGLIGENT ACT OR OivIISSION OF THE CITY,ITS OFFICERS AND EMPLOYEES, EXCEPT FOR ACTS OF GROSS NEGLIGENCE OR OivIISSION. THE TERM OF THIS INDEMNIFICATION SHALL BE FROM THE EFFECTIVE DATE OF THIS AGREEMENT THROUGH THE DATE OF CITY ACCEPTANCE OF THE IMPROVEMENTS DESCRIBED HEREIN. 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 anv and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet Citv and statutory requirements for being insured, .., -s- 5P-11 i 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 Qf the Agreement. IV. OTHER ISSUFS: A. OFF-SIT S ACID/ORS .`� ,PRO_R ETA: There is no off-site and/or sewer pro rata, off-site drainage structures, or off-site water. -9- 5P-12 B. PARK FFFS: The Park Fee for Timarron Village "I", Phase 1, Addition is $39,500 (79 lots x $500). The Developer shall receive 100% credit toward park fees making the assessment $0. Developer has agreed to dedicate a public access easement and construct a public trail from Continental Blvd. to Rockenbaugh Elementary School parallel to Byron Nelson Parkway. (The cost associated with this trail is estimated at S65,026.) Developer shall be allowed to carry over a credit equal to the actual cost of the trail minus the normal park fee credits for future phases of Timarron. C. PER NANC'F: There is no Perimeter Street Fee required for Timarron Village "I", Phase 1. D. TRFF PRE XF: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585. E. TRAFFTC LGNAT.: The Developer agrees to bear the cost of the design of the proposed traffic signal at Byron Nelson Parkway and F.M. 1709. Construction cost sharing of this signal will be discussed and negotiated at a later date. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER:!. By: Title: u c. ..P_ �,�,� t Address Date: �,... -10- 5P-13 CITY OF SOUTHLAKE, TEXAS B y• `GG Rick Stacy, Mayor . %NllUll►►ll/// ATTEST: �" 0* So UA. CO ate`: Sandra LeGrand, City Secretary 4q�i��*►►►ut�� Date: Ll 17 -11- SP-14 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT `'�•- I. 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 S 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. 1. 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. 4:.W P'F.ES SUB DIV TIMARAON%D i:'1-PHASE DE'.-;A.WID 1 -12_ 5P-15 City of Southlake, Texas MEMORANDUM I October 3, 1997 i I TO: Curtis E. Hawk, City Manager j FROM: Ron Harper, City Engineer I SUBJECT: Authorize the Mayor to Enter into a Developer Agreement for South Hollow, Phase II, Located on the North Side of East Continental Boulevard, Approximately 1,100 Feet East of the Intersection of Carlisle Lane and East Continental Boulevard BACKGROUND i Attached is the developer agreement for South Hollow, Phase II. This is a standard developer agreement, but two items need to be brought to your attention: 1. Park fees will be calculated at the old rate of$500.00 per lot, since the final plat was filed prior to the adoption of the new fees. f 6- 2. Street impact fees will be assessed on this project. RECOM1VfENDATION Staff recommends that the referenced developer agreement be placed on the October 7, 1997 Regular City Council Agenda for City Council review and consideration. RH/cre Attachment: Developer Agreement 5R-1 SOUTH HOLLOW ADDITION,PHASE II 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 South Hollow Addition,Phase 11,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 17 lots contained within the South Hollow Addition,Phase'II and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots, 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. 5R-2 The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor,will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2)years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approves the design and grade of bar ditches,Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup,mowing, 1� 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: 5R-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. �" 5R-4 I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas,provided that the City,through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further,the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City recuirements,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. �- SR-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. �"'� sR-s 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 5R-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, �`''" SR-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 o be unreasonably withheld or delayed. 5R-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: (Not Applicable)' 5R-10 B. OFF-SITE DRAINAGE: (Not Applicable) C. OFF-SITE WATER: (Not Applicable) D. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No.483 (Subdivision Ord.), Article VII, Park and Recreation Dedication Requirements. The Addition consists of 17 ltos for at total required park fee of$8,500.00. E. STREET IMPACT FEES: This property is subject to street impact fees., F. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address Date: CITY OF SOUTHLAKE, TEXAS 5R-11 By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 5R-12 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit(L of C) must have a duration of at least one year. 2. The L of C 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. M:\W P.FILFSTORNSDRY-AGR`FORMAT.RFS 5R-13 City of Southlake, Texas MEMORANDUM October 3, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works I SUBJECT: Change Order No. 2, 20-inch Water Line from East Southlake Boulevard to Proposed Water Tower Located in Miron Addition BACKGROUND jDuring the morning high water usage period, residents that live on top of the hill in Oak Tree Estates and Napa Valley experience very low water pressure; i.e., less than 10 pounds per square inch (psi) versus a normal 30 to 40 psi. Eddie Cheatham and Associates have determined, via a computer model, that by connecting a 12-inch water line from the 20-inch line to the existing water main in Oak Tree Estates, the pressure for the residents should be back to near normal pressure during times of high usage. The 20-inch and 12-inch mains are budgeted in the FY 97-98 CIP as part of the Elevated Water Tower to be constructed on the Miron site. This construction would allow for the installation of the 20-inch and 12-inch water mains ahead of schedule to solve the pressure problem for residents sooner. RECOMMENDATION Staff recommends that change order no. 2, for the 20-inch water line from E. Southlake Blvd. to the proposed water tower in Miron Addition, be placed on the October 7, 1997 Regular City Council for City Council review and consideration. BW/cre Attachments: Change Order No. 2 Location Map 5s-1 No. 2 CHANGE ORDER Dated: September 28, 1997 OWNER's Project No. ENGINEER's Project No. 001-432 Project 20"Water Line from N. White Chapel Blvd to the Miron Addition OWNER City of Southlake Contract For Water Improvements Contract Date: November 5. 1996 To: Wright Construction Inc Contractor You are directed to make the changes noted below in the subject Contract: City ofSouthlake Owner By Date: . 1997 Nature of the Changes: Construct 20"water line from F.M. 1709 to the Miron elevated tank site. See attached cost breakdown from Wright Construction,Inc. These changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to this Change Order $ 561,416.40 Net Increase Resulting from this Change Order $ 76,991.20 Current Contract Price Including this Change Order $ 638,407.60_ NSPE-ASCE 1910-8-B(1978 Edition) Page 1 of 2 5S-2 Contract Time Prior to This Change 120 calendar days (Days or Date) Net Resulting from This Change Order 10 calendar days (Days) Current Contract Time Including This Change Order 130 calendar days (Days or Due) The above changes are recommended: Cheatham&Associates Enginea By `' 5 Date 0 C T aC 11997 The above changes are recommended: City ofSouthlake City By Date 11997 The above changes are accepted: Wri ht Constru n con By Date . o�` 1997 F:\WORD\SOUTHLAK\432\change.order2.wpd Page 2 of 2 5S-3 WRIGHT CONSTRUCTION CO., INC. 601 W.WALL ST. GRAPEVINE,TEXAS 76051 (317)481-2594 PROPOSAL TO: CITY OF SOUTHLAKE JOB: WATER LINE EXTENSION TO WATER TOWER SITE DATE: SEPTEMBER 25, 1997 CITY: SOUTHLAKE ITEM UNIT TOTAL NO - DESCRIPTION UNIT QTY PRICE AMOUNT 1 B 20" WATER PIPE CL 150 DI or PVC LF 811 $42.20 $34,224.20 26 AWWA DI FITTINGS LS 1 $19,396.00 $19,396.00 3 CONNECT TO EXISTING EA 2 $2,450.00 $4,900.00 4 20" BUTTERFLY VALVE EA 1 $7,500.00 $7,500.00 5 12" GATE VALVE EA 2 $1,000.00 $2,000.00 21 CRUSHED STONE CY 20 $9.00 $180.00 22 EROSION CONTROL LS 1 $250.00 $250.00 23 TRENCH SAFETY LF 811 $1.00 $811.00 CLEARING LS 1 $7,730.00 $7,730.00 ESTIMATED TOTAL $76,991.20 5S--4 �IIIIII��n�� ■ �� NII�� City of Southlake, Texas STAFF REPORT October 3, 1997 CASE NO: ZA 97-115 PROJECT: Second Reading/Ordinance No. 480-257 Rezoning and Concept Plan - Miron Addition Elevated Water Storage Tank 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 a portion of Lot 3, Block 1, Miron Addition, an addition to the City of Southlake,Tarrant County,Texas,according to the plat recorded in Cabinet A, Slide 1252, Plat Records, Tarrant County, Texas, and being approximately 1.5 acres. A Concept Plan for an Elevated Water Storage Tank will be considered with this request. LOCATION: Approximately 185' west of Miron Drive and approximately 680' south of the intersection of East Southlake Boulevard and Miron Drive. OWNER/APPLICANT: City of Southlake CURRENT ZONING: "B-1" Business Service Park District REQUESTED ZONING: "CS" Community Service District LAND USE CATEGORY: Mixed Use CORRIDOR RECOMENDATION: Office Commercial NO.NOTICES SENT: Four(4) RESPONSES: Two(2)responses were received within the 200'notification area: • Murchison Properties, Dave Marshall, 1445 Ross Ave., Ste. 5300, Dallas, Texas,opposed. "We would prefer the tower location to moved as far north as possible to create as much space as possible to buffer the residences in Oak Tree Estates. We also request additional landscape on the south and east side of the tower." City of Southlake, Texas • Michael and Francis Rohde, 1310 Westmont Court, Southlake, opposed. Residents asks that water tank be moved further away from residences and how will the property be landscaped. See attached letter and photos. • Smock and Huesseini JV,, 462 Merrit Ave., Oakland, CA, in favor. "We need the water. However would want a 10' L.S. buffer adjacent to Smock/Huesseini property." One(1)response was received outside the 200'notification buffer: • Lori Schwantz, 1210 Westmont Dr., Southlake. "Adding a water tower near my home will have another detrimental impact on the valuation of my investment and Make Oak Tree Estates, as a whole, a less desirable place to live." See attached letter. P&Z ACTION: September 4, 1997; Approved (7-0) subject to Concept Plan Review Summary No. 1, dated August 29, 1997, moving the tower approximately 50' north, working to arrange the parking, and requiring additional evergreen screening(cedars)on the south property line. COUNCIL ACTION: September 16, 1997; Approved (7-0) First Reading on consent subject to Concept Plan Review Summary No. 2, dated September 12, 1997. STAFF COMMENTS: The applicant has met all items in Concept Plan Review Summary No. 1, dated August 29, 1997, with the exception of those listed in Concept Plan Review Summary No. 2, dated September 12, 1997. Due to approximately 33% opposition of property owners within the 200' notification area, a super-majority vote (6 of 7)of the City Council will be required to approve this request. L:\WP-FILES\MEMO\97CASES\97-115ZC.WPD y! /7I�i�, i September 1, 1997 Planning and Zoning Commission City Council 667 N. Carroll Avenue Southlake, TX 76092 Re: Miron Watertower a Dear Planning and Zoning Commission and City Council, I understand that the City is planning to build a watertower behind the 1300 block of f Westmont Court in Oak Tree Estates. I understand the need for water and the desire to help improve water pressure for residents at the top of the hill. What I need help in understanding is why: • we are building a watertower next to an established residential neighborhood • this same elevated tower would not be just as effective a few hundred feet to the north of 1709 by Home Depot, where a similar hill exists and no one lives • this has to be an obvious, unsightly structure 120 feet tall like the one in Bicentennial Park • only two residents in a neighborhood of 75 homes were notified of the City's plans to build the structure next to our neighborhood. Surely the "property owners within 200ft. ordinance" does not apply to structures one-hundred and twenty feet tall. This mammoth structure affects the whole neighborhood, not just the two people at the base of the tower. At 1210 Westmont Drive, I back up to commercially-zoned property. This future "Southlake Commons" project is a major concern for me. Adding a watertower near my home will have another detrimental impact on the valuation of my investment and make Oak Tree Estates as a whole, a less desirable place to live. Sincerely, .ti Lori cl�wantz / �� S�� 0 31997 1210 �festmont Drive / 251:5771 Schwantz& Associates, Inc., 1210 Westmont Drive,Southlake,TX 76092 Telephone: 817/251-8771; Fax: 817/251-1429; Email: lorischwantz@airmail.net 1 �r� 1310 Westmont Court Southlake, TX 76092 August 29, 1997 Department of Community Development Attn.: Mr. Joseph Wright, Chairman Planning and Zoning Commission 667 N. Carroll Ave. City of Southlake, TX 76092 Re: Mirror Addition - Elevated Water Storage Tank RECI) S E P 0 21997 Dear Mr. Wright: As homeowners of 1310 Westmont Court, which is lot 20 in the Oak Tree Estates community, we object to an elevated water storage tank going into our backyard. Our reasons for buying this property, and also paying a premium for a wooded lot, was because of the attractive view from our backyard. We enclose photographs taken from our backyard in order for the Council to appreciate our concerns. Our informal research indicates that property values are adversely affected by elevated water tanks this close to residential property. To quote Mayor Rick Stacy, at the Council Meeting aired on TV August 28, 1997, "They are unsightly." Referring to water storage tanks. We would love to see you move the water tank into someone else's backyard; however, we are realists and understand that a few disgruntled homeowners are probably not going to change the location of this water tank. While we understand a growing community needs water, we believe that every effort in the design and construction of this water tank that lessens the negative impact be considered. F6r-example: 1. As we understand the drawing provided, the outside diameter of the water tank is only 56 feet from our fence line. Can the tank be re-positioned on the Miron property to move it further from residential homes? By moving the tower closer to the north side of the property, you would at least give us a wider buffer. 2. What landscaping provisions have been included in the budget that would block our view of the water tank and protect our property value? Money was spent for aesthetic purpose on the recently constructed ground storage tank on FM. 1709 and Pearson Lane. Do you plan to do the same for the Miron project? i We request that these questions be considered at the hearing on September 4. We know that several residents plan to attend this meeting and look forward to some positive comments and answers to our concerns. Sin erely, 4Michael E. Rohde Frances M. Rohde l i i i i 7/4-5 .rr �R .� �3,. ►s. � . -.ter` > /� a -`- n ' ` 'yy��'r � '�� 'b,",�,.�� •+„yam. _• � aT � tiY�� •, ! ♦ � rid` ��i1 y�►'CAA � 'q�� . . �✓. mil. ♦2 ryb A�� r. j � I pa© tx E P p(tow, T PKW1' EAST�oa WnD P _ Q W 5 5 I)e C Y --- i D *AT TRACT MAP 1\ / I i 714 ,� R. EA DES Ei r TR 6 4 8 TR 2A SURVEY 53.497 AC A—48 ----- B-------.185 0 -------- 7.33 2A / G 94 1 R .047 O 1.522 AC 5 ..51 AC O� 6 1.03 AC 1A 25R1 1 Fj8 1.00 AC �� ,� 2.07 0 e a 2B 0 R � '`�S I M.SCHELLING, 2A B I .50 O I S—P-2 , SMOCK&HUSEINI \2C 1 5R O .06 O I R M 18771 M.SCHELLING j S_P-2 1 2 0-1 `24 - `o 2.958 O cr B-1 A 13 ,3SQ1 M.SCHELLING i •23 LIT'. 4 MURCHISON PROPERTIES M. ROHDE MURCHISON PROPERTIES 5 16 I ' ',lam IL12, Lul ILIA `� 24 22 22 im 114 L Ila 'lip + is WESTMONT CT 5 1a ., 7, „ 1q 117 1) 17 32 3t 27 26 - 25 6 0 37 38 ADJACENT OWNERS > > AND ZONING SPIN 48 PATTIE MINDER 4 53 52 51 �" 49 \ 45 0 0 s 1 Ci I I � 48 � 47 � 46 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY 'ase No: ZA 97-115 Review No: Two Date of Review: /912/97 Project Name: Concept Plan for CS Zoning Request-City of Southlake Elevated Water Storage Tank located on the Lot 3R6,Block 1,of the approved Plat Revision Miron Addition, being 1.5 Ac. portion of Lot 3, Block 1.Miron Addition APPLICANT: ENGINEER: City of Southlake Cheatham&Associates 667 N. Carroll Avenue 1601 E. Lamar Boulevard. Suite 200 Southlake. Texas 76092 Arl noon. Texas 76011 Phone: (817)481-5581' Phone:(817) 548-0696 Fax: (817)488-6796 Fax: (817)265-8532 Attn: Gordon Johns CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON /�08/97 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. P& Z Action: September 4, 1997,Approved(7-0) subject to Concept Plan Review Summary No. 1, dated August 29, 1997, moving the tower approximately 50'north, working to arrange the parking, and requiring additional evergreen screening(cedars) on the south property line. The applicant has met the requirements of previous reviews. * The off-site driveway extending to the site from Miron Drive is to be constructed concurrently with the development of Lot 3R5,Block 1. * Denotes Informational Comment cc: Cheatham&Assoc.; Bob Whitehead, Director of Public Works, City of Southlake L:\WP-F1LES\REV\97\97115CP2.WPD • y. cn c m a cr # � ' 3 z a _M rn z Cl- aa, W• y W W O m 21 61 3 ¢ � • gz — G W }3 a y H i � ---- --- ----------- --- ------- fit . -- Jl13iSl in all iAa.ii w W ------------------------- - �_----�'- , Tis iN .Y.3d.OVVA tt3h.3,..Ml.1 5 n°C M5 g y � o $! S� rc 7yWjF NOS p�o�jSJ�d, sl MRS N H y 1® a N 14 �'.'f i• xfl a o WQ� W -------------------- J14J7•.f1]f•J ��.+ 3 d� W.3&L WMA 113una 3d"SOWI.s 7A-1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-257 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 1.5 ACRES AS A PORTION OF OF LOT 3, BLOCK 1, MIRON ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "B-l" BUSINESS SERVICE PARK 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; 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 "B-1" Business Service Park 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 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 L:\CTYDOCS\ORD\CASES\480-257.WPD Page 1 7/41-->> (w, 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: n Being approximately 1.5 acres, a portion of Lot �^, Block 1, Miron Addition, and more fully and completely described in Exhibit"A" attached hereto and incorporated L:\CTYDOCS\ORD\CASES\480-257.WPD Page 2 �/rt herein, from "B-1" Business Service Park 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 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 (Wool' 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. L:\CTYDOCS\ORD\CASES\480-257.WPD Page 3 1 f 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 i 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 j newspaper one time within ten(10)days after passage of this ordinance,as required by Section 3.13 j 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 j publication as required by law, and it is so ordained. t 1 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\480-257.WPD Page 4 ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L:\CTYDOCS\ORD\CASES\480-257.WPD Page 5 +�� / EXHIBIT "A" TRACT DESCRIPTION Being a 1.500 acre tract situated in the John A. Freeman Survey, Abstract No. 529, and being part of the Miron Addition to the City of Southlake as recorded in Cabinet A, Slide 1252,Plat Records, Tarrant County,Texas, and being more particularly described as follows: BEGINNING at a point for the most southerly southwest corner of said Miron Addition; THENCE N 000 08' 52" E, a distance of 255.62 feet,to a point for a comer; THENCE N 890 58' 04" E, a distance of 255.62 feet,to a point for a comer; THENCE S 000 08' 52" W, a distance of 255.62 feet,to a point for a corner; THENCE S 890 58' 04" W, a distance of 255.62 feet,to the POINT OF BEGINNING, and containing 1.500 acres of land,more or less. F:\WORD\LEGALS\Southlake\001-527.wpd r L:\CTYDOCS\ORD\CASES\480-257.WPD Page 6 _ EXHIBIT "B" �a w OC��pRe�lT -ice ii � s•waswc eurrcx r.wo rrrc•.• "A i I�i E E sa -- a - l �x o t t tj jai. ------------ -- -- R lg ^�a R a��6Y ,�� s 9e�2F Oti i moo.. fill- s'"%�A_li smarvti m.r S� „- • . a2" '"I; s•cuox.ac srru�ruro rmc. p• 777 a.-• : i s� '_ g : a�_ ! I'I�Tti •o"��!� `- [p f I .L- i N•}oc ra.d,mss�.�•o,. 4 Ilk 9 U_ Y I I `�. •i ts . . r p r s `? ' • -- - MIR bF((V ------------- N • l i ��Y ' �i Y - i I i +�_ . Cn - = g a< m m z Lo COG- $•c z k `,� o3��S� sC 88s "s a; i-q L:\CTYDOCS\ORD\CASES\480-257.WPD Page 7 4 / '7/-- f c rl I T 6 Tt Jiii i Z i _U 14 -0 'i 5 1; nn" i t-1 S.z't ze 2z I. ME v I—"! - Xt".2 1-4 %fY. I i i2 i Y t Y ! a 17 WO IC2 3-6E ZO.OOS- 4_ 1-6f tt, 2 S De Tv Vt (Moo, 4 st- n 4 43 7 j --------- ----- p-*� T zn i 2 MI z ole 8 H FN$ _ C a ^ 00 mu LLI ti Ni i�ppo � i� .iiwv � z C a . N a I.'4 , �— 5 0 � ►1 E.. It�e 3 o U - �; .23 - a S. e. v5 ---------- te - -- ---- ---------- ------------ r_ 5yom1w e. -• aEE• 21 E. � n L '• a� 4► > 2 1 m•$ •1 EY]•szmY Yaw oa ..L y y` 3 o I.I I _ e 8 e S •i o I � --------- oY4-l------ -U- ------�-3LI-.,------- �°tl -------------- ------ -- _ ------- ------ Y0 J eay lu•�l fizin°_ Ny�^. .Ceam .. > yy IwI tt CU ,Y,3d11 QtlYA tl3!lf18 3dY3SONYI,S `!I r G N J'• +nif I' Lf GSL .-LG,•>00f ]I—VI^Wit -'ice N 006 b� Y i< .® Q y Wxom y Y, ti N E o W LLj � 1 I d Z +i l •I �� R U �- ---- ---- qv gr .Y,3d 1 aaYA 03f1n�3"OSONY1.S a >I•I -^ 01 LI,., City of Southlake, Texas STAFF REPORT October 3, 1997 CASE NO: ZA 97-116 PROJECT: Second Reading/Ordinance No 480-258 Rezoning and Concept Plan - Ground Storage Water Tank and Pump Station i No.2 I STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner II, 481-5581, ext. 787 i REQUESTED ACTION: Zoning Change on property legally described as being approximately 3.446 acres situated in the.Wilson Medlin Survey,Abstract No. 1588, and being a portion of Tract 3. A Concept Plan for Ground Storage Water Tank and Pump Station No. 2 will be considered with this request. LOCATION: East side of T. W. King Road approximately one-half('/2)mile north of the intersection of T.W. King Road and Kirkwood Drive. OWNER: City of Southlake APPLICANT: Cheatham& Associates CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "CS" Community Service District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Three (3) RESPONSES: One (1) response was received within the 200' notification area: • Janet Elliott Higgens, 1708 W. Market St., Athens, AL, undecided. P&Z ACTION: September 4, 1997; Approved(7-0) subject to Concept Plan Review Summary No. 1, dated August 29, 1997, deleting Item #4 (150' driveway spacing). COUNCIL ACTION: September 16, 1997; Approved (7-0) First Reading on consent subject to Concept Plan Review Summary No. 2, dated September 12, 1997, deleting Item #3 (driveway spacing). City of Southlake, Texas STAFF COMMENTS: The applicant has met all items listed in Concept Plan Review Summary No. 1, dated August 29, 1997, and Concept Plan Review Summary No. 2, dated September 12, 1997 with the exception of those listed in the attached Concept Plan Review Summary No. 3, dated October, 3, 1997. L:\WP-FILES\MEMO\97CASES\97-116ZC.WPD V'o� Al V aam J20 � rl } ij I I TRACT MAP TR 1 I TR.2 15.62 AC 16.26 Ac A I I � I AG Ca W. LAM OREAUX 2 25 2 AG z cu _ z 26 27 2E Z WOlt ��, 26 27 2E co AG �T J � U } 0 A.OIEN 6 27 2E LL O F.P. ELLIOT U ' AG 82 AC t � I 61 4 3.61 AC LL t I i i TR 4 0 1_ .83 AC i � 1 Ac go ADJACENT OWNERS ' 000 AND ZONING 5 Ac Vr SPEN 41 CARA WHITE TJ ,I 3.921 AC r7 j 4 1 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY e No: ZA 27-116 Review No: Three Date of Review: 10/03/97 Project Name: Concept Plan for CS Zoning Request for the City of Southlake Ground 4 orage Water Tank and Pump Station No. 2.3.466 Acres in the W.Medlin Surygy Abst No 1588 Denton County Texas APPLICANT: ENGINEER: CC4 of Southlake Cheatham &Associates 667 N. Carroll Avenue 1601 E. Lamar Boulevard. Suite 200 Southlake,Texas 76092 Arlington-Texas 76011 Phone: (817)481-5581 Phone:(817) 548-0696 Fax: (8171488-6796 Fax: (812)265-8532 Attn: Gordon Johns CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9116/97 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. Relocate proposed flume outside of the south bufferyard. 2. The Driveway Ordinance No.634 requires 150' spacing between proposed driveway centerlines. The provided spacing is approximately 119'. (P&ZAction 914197: Delete; C.C. Action 9116197.Delete) & Z Action: September 4, 1997, Approved(7-0) subject to Concept Plan Review Summary No. 1, dated August 29, 1997, deleting Item #4 (150'driveway spacing). Council Action: September 16, 1997, Approved (7-0) First Reading on consent subject to Concept Plan Review Summary No. 2, dated September 12, 1997, deleting Item #3 (driveway spacing). * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone which may require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. •y * Denotes Informational Comment cc: Cheatham&Assoc.; Bob Whitehead, Director of Public Works, City of Southlake L.\WP-FILES\REV\97\97116CP3.WPD t • 9 { a gill I i I I ��• s m sZ eloolkloo �� -ITTe 0- 06Z� s .111 W •+ _ oa 5 9 ; pp co 0 M C ; 9i 7 444 � gal fil ifIS = SOUTH 2 .00' cmw-aw.s a�M v _- gs• 8 • = f8: •_ --- - inssio3aa e�ow v s ----------------- s w I MA Its 0 E � a H H - ��b „ 1110 3 rE 4 = 3 a g1� of yy�� 4Y uE of IR ,.3 I:�YSld- yy S = q ills! r� Y' bb aka i Sr 1SYYa leg I 3�3 ■) �;�_• _fs� ii �� aa N • --•- _—_ — —_—_ _ — — — sow---- s. 3JOV7Nl/lOi .404. vo °VNIN A T *2" AWOW 4A75P*09Z 13„££,OO.00N• � -__ _— � s� aw 03ano3b co»awa aaax+e �g AVM !O LHOIa OL 8 NOUV31030 m0d0ad :y CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-258 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 3.446 ACRES SITUATED IN THE WILSON MEDLIN SURVEY, ABSTRACT NO. 1588, AND BEING A PORTION OF TRACT 3 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "CS" COMMUNTIY 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; 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 L:\CTYDOCS\ORD\CASES\480-258.WPD Page 1 J the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control-dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land,avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas,has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, 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\480-258.WPD Pagge 2 Being approximately 3.446 acres situated in the Wilson Medlin Survey,Abstract No. 1588, and being a portion of Tract 3 and more fully and completely described in Exhibit A attached hereto and incorporated herein,from "AG" Agricultural District to "CS"Community Service District. 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 or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted L:\CTYDOCS\ORD\CASES\480-258.WPD Page 3 n- J 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 , 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR L:\CTYDOCS\ORD\CASES\480-258.WPD Page 4 EXHIBIT "A" TRACT DESCRIPTION Being a tract of land in the WILSON MEDLIN SURVEY, A-1588, Denton County Texas and being all of a tract of land as recorded in deed to Fred Paul Elliot in Volume 477, Page 302 Deed Records Denton County, Texas and by deed to The City of Southlake as recorded in Document No. WD 95—R00?????? DRDCT, and being more particullarly described as follows: BEGINNING at a found 1/2" iron rod being in the east line of the said Wilson Medlin Survey being by deed call South a distance of 1320 feet from northeast corner of said Survey; THENCE South a distance of 260.00 feet, along the west line of a 51 .99 acre tract as recorded on Volume 595, Page 340 Deed Records Denton County, Texas and said survey line, to a found 1/2" iron rod for a corner; THENCE N 890 59' 57" W passing a 1 /2" iron rod found in the east line of T.W. King Road at 539.38 feet, in all a distance of 577.32 feet to a found 1 /2" iron rod for a corner in the east line of TROPHY CLUB, Section Nine; Rec. in Volume 16, Page 17, Plat Records Denton County, Texas; THENCE N 00' 00' 33" E along the east line of said TROPHY CLUB, F Section Nine, a distance of 260.00 feet to a found 1 /2" iron rod for a corner at the southwest corner of a tract recorded in Volume 1167, Pg 71 Deed Records Denton County, Texas; THENCE S 890 59' 57" E passing a 1 /2" iron rod found, at 38.00 feet, in all a distance of 577.28 feet to the point of beginning containing 3.446 acres of land, more or less. L:\CTYDOCS\ORD1,CASES\480-258.WPD Page 6 1 EXHIBIT "B" i qa ooR is ! � ✓'� C"c0 !EE : �F• u co 1 ! c 2 y 3 Cl- nil o�i�3 a4 3 � ■ 30 ..a58■ I I g. i:F I ! 07 b 1 — — SOUTH 2 .00' \am•Yr..> r.l o ,t=�3tttZ g 3 ! t$: �s� Ir)nar)n.YMYo !=:81 3:-s 1w! t i d.' lay, I vYl.,o o)w.ow u 7 — AW2s------------------� Cr e^• I Vet— '�`�r�-'--� 1: ; r` � s - Y� bb F g t\ O Nth - - �� IS r all g � ' ■xy d �i C � d - d3 d e•�=y� ' �� , ' `IM-I bb �"�� 3311 1��yaY��g��F►! eyy p �� o-';i E• 9i� eyga �° 3 L.J. 011 Ln t' .00M099Z _ 3,--0 ...ter. - _-_ - -=u= -=-=•v,s1:J•=-u) Y■, 3XV*MIJ..d0 Adl�� VO 9A!/J/ i6Y 1 ri) ■�I� ..�-,_ 3� M' 72 AllafOf/d 30 pO'09Z )�3.££,OO.00N� !; lff7� �4d19 ;�.u� OlYYO)Y Ip1 OMIT Y7),fl■ . a - AVM JO 1MOIE1 Ot e4"vy� NOI1r31030 03SOdObd ! L:\CTYDOCS\ORD\CASES\480-258.WPD Page 7 City of Southlake, Texas ' MEMORANDUM October 3, 1997 TO: Curtis E. Hawk CityManager ger FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 680, 2"d Reading, Abandoning a Portion of City Right-of-Way Located at Southlake Park Road East BACKGROUND Mr. Robert Ziegler, of 450 Southlake Park Rd. East, has requested the City abandon a portion of the ROW fronting his home. This portion of the street has been deteriorating due to erosion and Mr. Ziegler would like to claim this area and make drainage improvements. The property is adjacent to U.S. Army Corps of Engineers property and one other property owner, Mr. Roger Parker. Mr. Parker has agreed to the proposed ! abandonment and makes no claim to the area. The City Attorney has provided a Quitclaim Deed for both property owners. There is also a Cash Deed to be signed that was prepared by Mr. Ziegler's attorney. The attached ordinance provides for the abandonment of the parcel. All concerned utility companies have been contacted and each has given approval for the abandonment. Mr. Ziegler will be available for questions during the City Council meeting. Council approved the first reading of Ordinance No. 680 during the September 16, 1997 Regular City Council Meeting. RECOMMENDATION Staff recommends that Ordinance No. 680, 2❑d reading, abandoning a portion of City ROW on Southlake Park Road East, be placed on the October 7, 1997 Regular City Cou Agenda for ity Council review and consideration. I ce I Attachments: Roger Parker Quitclaim Agreement Letter from Wayne Olson, City Attorney, dated May 27, 1997 Quitclaim Deed i Cash Deed Ordinance No. 680 Location Maps f 7c-1 � I AGREEMENT This is a Letter Agreement (Agreement) entered into on this day of 1997, by and between Robert Ziegler and Roger Parker in which both parties, by signing this Agreement, hereby agree to the following: Robert Ziegler has requested said piece of property described in Exhibit A attached hereto and made a part hereof(said property) be deeded to Ziegler from the"City of Southlake. ! I Roger Parker owns an adjoining piece of property to the south of said propery. j } Roger Parker hereby agrees that he quitclaims any right, title and interest he may have in and to that property described in Exhibit A attached hereto and made a part hereof to Robert Ziegler, i his heirs and/or assigns. AG D i T R ROGE ARKER 7C-2 t FIELDING, BARRETT & TAYLOR, L.L.P. ATTORNEYS 3400 BANK ONE TOWER 500 THROCKMORTON STREET FORT WORTH.TEXAS 76102-3821 TELEPHONE(817)332-2580 (800)318-3400 FAX(817)3324740 -- 0' WAYNE K.OLSON MAY 2 8 E;--i- May 27, 1997 DEFT C�;UL �i0 Mr. Bob Whitehead Director of Public Works City of Southlake 667 N. Carroll Southlake, Texas 76092 RE: Quitclaim Deed and Ordinance Abandoning Public Right-Of-Way Along South Lake Park Road East Dear Bob: I apologize for the lateness of these documents. Enclosed are two separate Quitclaim Deeds and an ordinance abandoning right-of-way along South Lake Park Road East. We have prepared two separate quitclaim deeds because it appears that the individual property owners each have an interest in the property. The documents you forwarded to our office show that Mr. Ziegler wishes to obtain sole ownership to the property the city is abandoning. If you choose, you may execute the deed to Mr. Ziegler and not the one to Mr. Parker. There is no requirement that the city execute either of these deeds. In either event, Mr. Ziegler should talk with his attorney to determine what he needs to do to acquire any ownership interest that Mr. Parker may have in the abandoned street. If the city does choose to execute these deeds, the executed deeds should be filed with the county deed records. If you have any questions, please do not hesitate to call. Very truly yours, (Aj/C Wayne K. Olson WKO/sfl f:\tiles\slake\letters\whitehea.009 Qe 7C-3 QUITCLAIM DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That the City Council of the City of Southlake, County of Tarrant, State of Texas, after careful study and consideration, has determined that a certain portion of the right-of- way of South Lake Park Road East located in the City of Southlake, hereinafter more specifically described and depicted as TRI on Exhibit "A" attached hereto and incorporated herein, is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment. For and in consideration of the above findings and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Southlake ("Grantor") does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto: ROGER PARKER ("Grantee"), and any and all of his heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to the right-of-wav described on Exhibit "A" in proportion to his abutting ownership. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described right-of-way unto the said Grantee, his heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives or assigns shall have, claim or demand f:\tiles\slake\ordinanc\zie;ler.q[ci01 '_i-9 j 7C-4 any right or title to the aforesaid right-of-way, premises or appurtenances or any part thereof. EXECUTED this day of , 1997. CITY OF SOUTHLAKE By: Mayor STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of 1997, by Rick Stacy, Mayor of the City of Southlake, Texas, a municipality, on behalf of said municipality. Notary Public in and for the State of Texas My Commission Expires: Type or Print Notary's Name f:\tiles\slake\ordinanc\zie;ler.gtc(04-1_1-97) 7C-5 GF#NONF/STNTR12/fwc CASH DEED Date: 1997 Grantor. CITY OF SOUTHLAKE Mailing Address: Grantee: ROBERT ZIEGLER Mailing Address: Consideration: For and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration to the undersigned paid by the Grantee(s) herein named, the receipt of which is hereby acknowledged. Property: One tract of land more particularly described in Exhibit A attached hereto and made a part hereof. Reservations from and Exceptions to Conveyance and Warranty: This conveyance is given and accepted subject to any and all easements, restrictions, rights-of- way, covenants, conditions, reservations, municipal or other govenunental zoning laws, regulations and ordinances, if any, affecting and enforceable against the herein described property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee all their interest in subject property, together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee, Grantee's heirs, executors, administrators, successor, or assigns forever. Grantor conveys but excepts from the above warranties any improvements on the property. Grantor hereby binds Grantor and Grantor's heirs, executors, administrators, successors and assigns, to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the taxes for 1996 and subsequent years, and the reservations from and exceptions to warranty, when the claim is by, through, or under Grantor, but not otherwise. 7c-s When the context requires, singular nouns and pronouns include the plural. CITY OF SOUTHLAKE By: Title: THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the 1997, by day of for the City of Southlake. NOTARY PUBLIC, STATE OF TEXAS Prepared in the Law Office of Franklin W. Cram, P.C. 2208 W. Park Row, Suite 108 Arlington, Texas 76013 AFTER RECORDING RETURN TO: Robert Ziegler 450 Southlake Park Rd. East Southlake, TX 76092 7C-7 ORDINANCE NO. 680 AIN ORDINANCE VACATING AND ABANDONING CERTAIN PORTIONS OF SOUTH LAKE PARK ROAD EAST IN THE CITY OF SOUTHLAKE, TEXAS, DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO A EXECUTE QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP INTEREST AND CONTROL OF THIS RIGHT-OF-WAY; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council of the City of Southlake, after careful study and consideration, has determined that a certain portion of South Lake Park Road East in the City of Southlake, hereinafter more specifically described, is not being used by, nor useful r convenient to the public in general; therefore it constitutes a public charge without a o p g � P g corresponding public benefit, and the public would be better served and benefitted by its vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the city desires to execute a quitclaim deed releasing all title, ownership and control in said right-of-way to the owner or owners of the abutting properties. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: f.\files\slake\ordinance\slparkrd.vac(09-24-97) 7C_8 Page 1 SECTION 1. The following right-of-way is hereby vacated and abandoned as public property: A portion of South Lake Park Road East located in the South Lake Park Addition to the City of Southlake said right-of-way being depicted and described as TRI on Exhibit "A" attached hereto, . The right-of-way is not being used by, nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment. The right-of-way so vacated and abandoned shall revert in fee simple to the owners of the abutting properties. SECTION 2. The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute one or more quitclaim deeds releasing all claims to title, ownership, or control of the right-of--way, on behalf of the City of Southlake, Texas. SECTION 3. A copy of said quitclaim deeds shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the city secretary. 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 (W ordinance, since the same would have been enacted by the City Council without the f:\files\slake\ordinance\slpark d.vac(09-24-97) 7C-9 Page 2 incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION S. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1997. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Effective: f:\riles\slake\ordinance\slparkrd.vac(09-24-97) 7C-10 Page 3 j r • i 'TO ALL PARTIES I.NRESTED SURVEy PLAT OF -- D' PREMZES SURVEYED: �`!�(-��/ 7— h '• l7�trtweeaa iRerouard l.r.a Sr•ryar-as+esey aoiy au a,artab...a..ta a..r.. 7t.art.nrr:rn macn.w•r tLwy aetnava sMern .wt arrt R eannrrta,rar ra-su-11--c Ora1k�.r>k.Ott'�r f+�wqr�4��nr lw:+ar 71neCT tn.w w I T 31z- Z Vial -16T pop • T�.IZ I 1�-O�SD �AbT at�k �} I - t>out'h PAaIL - Yol i I i STATE OF TEXAS COUNTY OF TARRAYT t "To the l.eMolders .a+tyd tM Or,mn of V* Premrxs wrvevd and to Fr_OOD NOTE:I hereby cc"ify „a, The umenr theproperty descnbd here,. trod does hereby certify Nat this tun "hi.a'Pee' al Nt groom of the property k all n'Wu this day m.ae Faderal (.sun ap'0C a1 ISaaa hatary area u idenn�ied by the t y deact,bd hetton and is rnrreci-am that nce Adm,nrstnlan. Qe-�tnaw"t o! Housing `-re are m discrepant .contl,na•slaottagea ut�.bow+daty tiro mntlicv. Developamm.the!food har ry am being dented as ant Urban sachmema•overtapprng o!improvements-visible li �t as.horn nm or roads�n place. �of'he Federal 6esYnnCe Adm,msaraaon Flom Hatara h<r�O^- 14 Nat ud property hu access to am from a %Mw,coot roadv.av es. 9ouradary Nap effecjve on 'cpt u s+,ow,n hereon.' for .he Dwell 8ASIS FOR 9EAXNG 7C-11 j Order N. AP SURVEYING CO i NOT FOR CONSTRUCTION David Poaard APS a1519 1903 Ca,trat 0-0.Suite 709 3edlcrd. TX 75021 Mstro(8171 257.1249 •- - ._1.Z A. n PROPERTY DESCRIPTION -BEING a portion of South Lake Park Road East (a 50 foot Ri ht-of-Y1/ -thereof recorded in Volume388-167,•?age 61, of thePlatRecoresafTarrant ounty,j exasat and being more particularly described by metes and bounds as follows: BEGINNING at a set 1/2"jron rod at the Southeast Revised, �omer.of lot 3R ,Zlock A,.Southlake'Paric according101he�lat1hereofrecordedin Volume 388-167.�PageZ1,afthePlat=Records 4-ofTarrant..County,Texas,-mnd-being inthe'"orth-Right-of-Way4ineof�Southlake•ParkRoad Fast, (a 50 foot right-of:way): THENCE-South 14 degrees 22 minutes 00 seconds Fast,along the End of South Lake Paris -Road East,and East line of said Southlake Paris Revised subdivision,2:distance of 32.36 feet to a set 112"iron rod at the Northeast comer vf.Lot 2-R.Block 4,South Lake Park,according to the Plat thereof recorded in Volume 388-11. Page 8, of the Plat Records of Tarrant County,Texas, and said iron rod being in the South line of South Lake Park Road East,and at the beginning of a curve to the right, having a radius of 75,90 feet, and a delta of 61 degrees 07 minutes 22 seconds; THENCE along the South line of South Lake Park Road East, and the North line of Lot 2-R.and said curve to the right,an arc length of 80.97 feet, a chord bearing of South 66 degrees 18 minutes 20 seconds West,-and a chord distance of 77.18 feet to a set 1/2" iron rod: THENCE North 19 degrees 54 minutes 22 seconds West, departing the North line of Lot 2-R, and into South Lake Park Road cast, a distance of 48.30 feet to a set 1/2" iron rod; THENCE North 07 degrees 16 minutes OC seconds East, a distance of 7,03 feet to a set 1/2" iron rod in the South line of the above mentioned Lot 3R-2, Block A; THENCE South 82 degrees 44 minutes 00 seconds East , along the South line of Lot 3R-2, and the North line of South Lake Park Road East, a distance of22.06 '-:!et to a found 1/2" iron rod at the beginning of a curve to the left, having a radius of 25.90 feet and a delta of 17 degrees 31 minutes 27 seconds; THENCE along the South line of said Lot 3R-2, the North line of South Lake Park Road East, and said cave to the left, an arc length of 7.92 feet, a chord bearing of North 87 degrees 19 minutes 58 seconds East, a chord distance of 7.89 feet to a found 112" iron rod: THENCE North 75 degrees 38 minutes 00 seconds East, a distance of 50.00 feet to the POINT OF BEGINNING, and containing 3,727 square feet or 0.086 acre of land. THIS IN REFERENCE TO ORDER NO. 01-500/97 7c-12 CITY OF - - -� SOUTHLAKE j� ---c-- ----1« -- --- - - ILLY 1. 1925 ^- �`' ----- +ens�r.or- � \a l�� •.,i`.�J _�- I'r t� � � L"- t?��=I 1`��'�`". '• r 1 -I-- _. � •-t'----^• ..,.,,�_.^• :�_ -yam- -'•C.._�"=`._- -s.3�r� •�� 'r;= -' �; I i �^t•-•r•:r:`ter- i--=_� •I, -�,''' 1: I - - �. !�� i i' `y'G.� III "++i !. -,�zrww..��-_J�p�-T-- T i_� �.m. :r�� \�=.•.e•:*.y`i- 't� -"\_^'.'/ 1' �� Y'--�.• J�-••��_ _ �;:. �. �;t_._.'y.• .....�_ i s�-a:�.t ', �'I�'�:J `� � 1'T: ��y—ate�� J' i �! �::.��'�-- -- a1s-•ter.. ._._i_ --mot_. -` - AVi -1 SIG �-� � �:'� i \�-.. '.�-,�I !=��%-- �«-.�.r�►^-. ..� - ,��1 �++�4=-�'� ) - � Jp Lo — ��- i��` 1 � �1 r �7 �:tea rf.�f` y..• .ii�;= " �--• � ��r, --- - -- ., . . ,ram.j• _ —_ - Imo__ _�_ � --'• 4 - •� CH?.1TiLiSI s ASSJCEATES 7C-13 _ U cV tll i •'� r/ cc r 1 N / cr a ac O cz cn �•J N y Im h nco N cc Of O Q� xxxa 3xV-IxinOS 3� N Ix UP cr ~ N v m to t0 n N •- V C h 3NOZ 7c-ia Y131SASN30 31dN10 000 3NYId 31d1S SYX31 City of Southlake, Texas STAFF REPORT October 3, 1997 CASE NO: ZA 97-108 PROJECT: Revised Site Plan - Carroll High School STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787 REQUESTED ACTION: Revised Site Plan for Carroll High School, on property legally I described as being Lot 1, Block 1, Carroll High School Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 1460, Plat Records, Tarrant County,Texas, and being approximately 54.6152 acres situated in the R.J. Paden Survey, Abstract No. 1255. LOCATION: Southeast corner of the intersection of West Southlake Boulevard (F.M. 1709) and South Peytonville Avenue. OWNER/APPLICANT: Carroll I.S.D. CURRENT ZONING: "SP-1" Detailed Site Plan District with "CS" Community Service District uses LAND USE CATEGORY: Public/Semi-Public g NO. NOTICES SENT: (FIRST NOTIFICATION) Thirty-five (35) (SECOND NOTIFICATION) Thirty-five (35) RESPONSES: Ten (10)responses were received within the 200' notification area: • Ted and Cheryl Berg, 1418 ParkPjace, Southlake,opposed. Resident states concerns with lack of privacy, increased traffic, noise, vandalism, trespassing, security, safety, and lower property values. See attached letter. • Dan and Susan George, 1406 Mayfair Place, Southlake, opposed. "...we are concerned about the increased traffic, lighting, parking problems, and trespassing that will inevitably occur." See attached letter. • Steve and Kim Kolar, 1416 Park Place, Southlake,opposed. "The impact to our subdivision and neighboring property owners would be dramatic, resulting in decreased property values and quality of life." See attached letter. 7+� -1 City of Southlake, Texas i • Joseph and Bernice Fitzpatrick, 1405 Richmond Court, Southlake, opposed. "The placement of a large football stadium with grandstands on the Carroll High School property would be the equivalent of, or perhaps worse than proposing a large office or other commercial building among the existing residential additions that surround and are relatively close to the High School property." See attached letter. } • Cynthia and Jon Johanson, 1406 Richmond Ct., Southlake, t opposed. "Because our backyard connect directly with Carroll High School property, we are concerned about ; possible noise, lights,traffic and trespassing. We worry our property values will suffer. Why not expand the stadium in an area outside of heavy residential use instead? We remain open minded, but concerned." • Tammy L. Finn, 1404 Cambridge Crossing, Southlake, ` opposed. "The stadium is located too close to residential. The tree line would be a loss to the community. We would like to see the stadium located in a less impacted area." Resident submitted second letter dated September 18, 1997. See attached letter. • Kimberly Evans, 1402 Richmond Ct., Southlake, opposed. "The stadium would have a negative effect on the s homeowners quality of life and property value. It will bring j unwanted traffic and noise to the currently quiet home sites. The plan calls for removal of many beautiful huge trees that are a noise buffer as well as an asset to the property and surrounding properties. Lets find some other property better suited for a stadium." • Ed and Kathryn Armstrong, 1402 Cambridge Court, Southlake, opposed. Resident states concerns with the reduction of "quiet `country' setting," increased traffic, parking overflow, litter and noise. See attached letter. • Thomas Burns and Gay Burns (submitted duplicate letters), 1410 Park Place, Southlake, opposed. Residents states concerns with increased noise,traffic, general disruption of the existing residential neighborhoods, and water drainage. See attached letter. • Donna Dant, 1406 Cambridge Crossing, Southlake, opposed. "I would like to see the trees left in the plan. These are a great buffer for anything that is built on the property. Also, this is no place for a football stadium since the land is completely surrounded by residential property. The noise, lights would be a nuisance and certainly we would all see our home values depreciate. We bought our 7 City of Southlake, Texas j i i property, as did many others,knowing that we had a buffer for the land, as is shown on the original plot plan. Also, before anything is officially approved,adequate notification should be made to all residents backing up or around the site. No one in Park Place or Toll Brothers was notified because they were not on your tax records as of last September. Especially the neighbors in Park Place,who are right on top of the school property. Leaving the trees would provide most of us with the buffer shown in the original site plan, which was on record when we purchased our 1 property." Twenty (20) responses were received outside the 200' } notification area: i i • Carolyn and Marvin Simpson, 1415 Park Place, Southlake, Texas. "...join the many concerned citizens, through your official position and capacity, by encouraging the location of stadium improvements to a site that will have the lease negative impact..." See attached letter. • Alice Wood, no address given, opposed. Letter states concerns with traffic, parking, noise, height of stadium, emergency vehicle access, negative property values, and I removal of trees. See attached letter. • Jerry R. Stone, Project Manager, Toll Brothers, Inc., 4010 ; Eider Drive, McKinney, Texas, opposed. "...we are opposed to the use of the Carroll High School property as the site for the proposed new stadium. We feel there are numerous substantive reasons for an alternate location that provides a low impact on the existing and approved residential developments... " See attached letter. • Carolyn and Ilarvin Simpson, 1415 Park Place, Southlake, opposed. Resident states concerns N� ith visual pollution, noise pollution, environmental pollution, and fiscal negative impact. See attached letter. • Bennett and Rosemarie Boggess, 603 Stonebury Dr., Southlake, opposed. Residents are concerned with the disruption of the neighborhood and devaluation of property values. See attached letter. • Colby and Sharon Swagerty, 610 Park Place Court, Southlake, opposed. Residents state concerns with traffic and parking. See attached letter. • LeRoy and Stacy Mims, 611 Boardwalk Ave., Southlake, opposed. Resident states several concerns regarding parking, lighting and noise, trespassing and vandalism, and a decrease in property values. See attached letter. r City of Southlake, Texas i • Thomas and Jody Conophy, 1417 Park Place, Southlake, opposed. Resident states concerns with traffic, lack of j adequate parking, increased garbage, trespassing and possible vandalism, and the removal of trees. See attached letter. • Kie and Virginia Muzyka, 823 South Peytonville, Southlake, opposed. Resident states concerns with traffic,noise,lights, and diminished property values. See attached letter. • Douglas and Catherine Ferber, 608 Park Place Ct., Southlake, opposed. Resident states that a stadium would be incompatible with existing residential property and states concerns with noise,pollution,traffic, and property values. See attached letter • Diana Lucas, 1409'Brighton Court, Southlake, opposed. "1. S. Peytonville Road is two lane and way too small to support all the traffic, a stadium would bring. I have children that attend Carroll Elementary. Trying to turn left onto S. Peytonville from 1709 is a joke! Because of high school and elementary traffic that left turn is backed up to Southridge Lakes/Waterford. On can only imagine what a nightmare it would be for games with many more people. Please build a stadium in a less residential area. 2. i Building a stadium would adversely affect our property values by increasing the congestion in and around our neighborhood." • Brenda and Dennis Welch, 603 Stratford Dr., Southlake, opposed. "Opposed to the stadium being built in a heavily residential area such as the high school location. The Kimball location or along 114 is preferable." j • Mrs. Greg Anderson, 1414 Stonelakes Dr., Southlake, opposed. "Our neighborhood would be affected by traffic and noise and we believe the high school property is too limited in space for a stadium and necessary parking." • Judith and Greg Dustin, 601 Stratford Dr., Southlake, opposed. • Yorcy Hung, 1403 Dartmouth Dr., Southlake, opposed. "The new stadium will bring too much noise, lights, and traffic to our residential area. It should be built in a commercial area." • Steve and Dottie Oakland, 517 Stonebury, Southlake. Residents state that a football stadium "should never be built in the middle of a single family neighborhood," and landowners, homeowners, and taxpayers "deserve some respect and loyalty from local political entities..." See attached letter. I f i City of Southlake, Texas j • Brandon and Kay Baker, 620 S. Peytonville, Southlake, i opposed. "The impact to the immediate neighborhood would be greatly affected by locating a stadium anywhere on this school property." See attached letter. i i • Geoffrey and Helen Owen, 1401 Mayfair Place, Southlake, j opposed. Residents state concerns with the diminishing country areas of Southlake and increased noise, traffic, and garbage. See attached letter. • Grady and Tonya Dakens, no address given, opposed. Resident states concerns with traffic, inadequate parking, f lack of buffer, limited ingress/egress, and safety. See attached letter. • Gary R. Rose, 3705 Edgewater, Bedford, TX, opposed. Resident is concerned with the reduction of home values. See attached letter. • A letter addressed to Dr. Ted Gillum, Superintendent of j Carroll ISD was submitted by Brandon and Kay Baker of 620 S. Peytonville Dr., Southlake, Texas. "My neighbors and I are quite confused and concerned as to: 1) Why i Carroll High School is still considered a potential site for a football stadium, 2) Why Carroll ISD's architects and developers are moving forward on plans to add additional parking and playing fields which will DESTROY HUNDREDS of OAK trees,if there are NO plans to build a stadium on this site..." See attached letter. Also attached is a letter from Dr. Ted Gillum, Superintendent of Carroll ISD. The letter states, "At this time,the Carroll ISD does not havc.plans to build a stadium complex next to or on the Carroll High School location." See attached letter. Also attached is a petition with fifty-seven(57) signatures all in opposition. Eight (8) resident signatures are within the 200' notification area. Forty-nine (49) resident signatures are outside the 200' notification area. See attached petition. A petition with twenty-one (21) signatures. Of these signatures four (4) are within the 200' notification area r_ City of Southlake, Texas and seventeen(17) are outside the 200' notification area. See attached petition. P&Z ACTION: August 21, 1997; Approved (7-0) to table and to continue the Public Hearing to the September 4, 1997, Planning and Zoning Commission meeting. iSeptember 4, 1997; Approved (7-0) to table to the September 18, i 1997, Planning and Zoning Commission meeting, with the applicant agreeing to provide more detail regarding: 1). the tree buffer in the center of the south portion of the property, 2). which trees will be saved in the northwest corner parking area, 3). the size and number of canopy and accent trees in the bufferyards on the landscape chart, and 4). changing the design of the "Future Indoor Work Out Center" building in order to compliment the main structure(Item#12c). September 18, 1997; Approved (7-0) subject to Site Plan Review Summary No. 3, dated September 12, 1997, with the following amendments: • requiring the applicant to revise Site Plan to show grove of trees in the center of the south portion of the property as they are i today; • deleting Item 94b(request for 50% of the required accent trees and 100%of the shrubs for east and south bufferyards be placed along Peytonville Avenue); • noting the applicant's agreement that 100% of the cost of canopy trees, accent trees, and shrubs in the east and south bufferyards will instead be used for Mondell pines in the east and south bufferyards; • allowing the bufferyard plant materials along the east to be located on the west side of the channel; • requiring a 4' berm in open areas along south property line and along the east property line north of the drainage channel in a manner not to affect detention; • noting the applicant's commitment to plant along Peytonville Avenue; • deleting Item#6 in its entirety (driveways); • accepting the applicant's commitment to follow the current Tree Preservation Ordinance and their willingness to consider following the proposed Tree Preservation Ordinance once they have reviewed it; • deleting Items #l0a and 10b (building elevations); • noting that 1:5 parking ratio is a part of the existing zoning and City of Southlake, Texas j i is not to change. STAFF COMMENTS: The applicant has met all items in Site Plan Review Summary No. 1, dated August 15, 1997, Site Plan Review Summary No. 2, dated August 29, 1997, Site Plan Review Summary No. 3, dated September 12, 1997,with the exception of those items addressed in the attached Site Plan Review Summary No. 4, dated October 3, 1997. L:\WP-FILES\NEMO\97CASES\97-108SP.WPD a f f f t A7:� 2 1997 Qr, August 29, 1997 OFFICE OF CITY SECRETARY To: City of Southlake Planning and Zoning Committee Re: Proposed New Football Stadium at Carroll High School (1709 and S. Peytonville Rd.)97-108 Revised Site Plan Carroll High School Dear Chairman and Members: This letter is to notify you that we strongly Oppose any plans for a new football stadium to be located at the Carroll High School property along S. Peytonville Rd. i Our home backs up directly to the proposed sight! Let us repeat: Our home backs up directly to the proposed site! The 'future street' located on your site graphics layout plan, is 'our' street. If members of your committee took an actual walk on the proposed i site you could see what an impact that would have to our property as well as other neighborhood homes. To date, we have not officially been notified of plans to build a stadium on the Carroll i High School property. We have had to find out through local newspapers and word of mouth. We called the planning committee office over four weeks ago and asked to see a copy of the letter sent to neighbors concerning the revised site plan. We have never received a copy of this letter nor have any of the neighbors in the Park Place subdivision. We were told you only sent letters to homes appraised in August of 1996. If your committee has only received a couple of responses concerning this issue, that is because you failed to notify homeowners that would be directly affected by constructing a I massive football complex. 1 The issues are very clear. - Lack of privacy - Increase in traffic - Noise - Vandalism - Trespassing - Security - Safety for our children - Lower property values We are not opposed to a new football stadium for the City of Southlake, but believe other sites are more desirable A site for the new stadium should be chosen with less negative impact on residential areas. Ted erg and children 1418 Park Place f Southlake, TX. 76092 424-3377 cc: Dr. Ted Gillum, Ed.D. Mayor Rick Stacy, City Council of Southlake U'9 ? 0 3 1997 To = 4 Z Can rn 1+�6e ,Cl�uj C 15ol, 1+t tcak L l�� 1`r VVL/ Lama MP0 Tot bat.t Si aCL, LLM � ma t�9h 56100 i U1 Cq o11'1r �Prt. �t v-rt V`1 l lief rl- 10 S Rf-,�eCOL (5 Of- F �ar� C&M I L Lear C+72((( rYA&I- ' Kf m,bef6, 3ecao.6c oLLA[ hie bac kE) up 4-D 4-he KL9�, 6c,h OOL p ro pef*y a-zoL qb e pmpoeeJ s'+ S,O.f rvW -f�o c+b ate- si-odA c c., L ) WC ane cm)oem,eA a xai- 1 ncre.a,5 cL 'tra-pc, yth 05) ?af�ct(Iq D 1-0 blem6 artoL -3klc/ i m. ac- - r r,� ja � P Yqh 5CKOOC 4f Suomi Da s©tic- Kvay-e, a5ti- 010 � C Y�tsme� REC'D S P 0 2 1997 September 3, 1997 (law b i S { To: City of Southlake Planning and Zoning Committee Re: New Football Stadium at Carroll High School Dear Chairman and Members: Our property and subdivision, Park Place, border Carroll High Schools south property line. We are opposed to a stadium being built on the existing high school property at 1709 and S. Peytonville Rds. The impact to our subdivision and neighboring property owners would be dramatic, resulting in decreased property values and quality of life. t The increased traffic and overflow parking would certainly disrupt the existing residential neighborhoods. Trespassing, vandalism, and litter are some of our concerns. The noise and lights associated with an 8,000 seat stadium in our backyard is incomprehensible. The proposed plan would destroy a large grove of native post oaks which borders the track and our property. We believe the interests of the students of Southlake and the property owners surrounding Carroll High School will best be served by building a stadium on an off campus sight with less residential impact. ' We are strongly opposed to any further construction at Carroll High School. Sincerely, Steve and Kim Kolar 1416 Park Place Southlake, TX. cc: Dr. Ted Gillum, Ed.D. Mayor Rick Stacy, City Council of Southlake OECD S E P 0 21997 t/b�/ ,�is�7ol�• /��ia'��/��'� � �U�S�r��,p/��1 �r.� /�`'�fv.�l c�� 44;e7 7 l ac��7�11 7'h dal --17G� i41 � a�r.�ifl..r�/.�=1 G�G>� f 7-1�/ ,Z-dk, -7�/17'e � A, 91,ft/zv, �/�C HERE). . . . �. . . . . . . . . . . . . . . . . Tlhe following form. r„a;'be filled ont and mailed to the City of Southlake Planning and Zo-W Commission.667 North Carroll I Avenue, Southlake,Texas 76092. REFERENCE NO.: ZA 97-108 Notice No.2 lam (in favor of)( oppor se_to(undecided about) the request for the followin-reasons: tin pUG NATURE: FITZPATRICK,JOS F&BERNICE L 1405 RICHMOND CT Please Print Name SOUTHLAKE TX 760927011 ADDRESS: September 1, 1997 To: City of Southlake P & Z Committee RE: Proposed New Football Stadium at Carroll High School(1709 & S. Peytonville) 97-108 Revised Site Plan Carroll High School Dear Chairman and Members: We moved to Southlake approximately three months ago. Our property directly backs up to Carroll High School property. We were not told at the time we purchased our new home that there was even the remotest possibility of a football stadium being built in our"backyard"! We moved to this town because we felt it would be an excellent environment for our children and we wanted a quiet"country"setting. We have three children in CISD -two are in high school and one in elementary. We appreciate how important it is to support the schools and the activities that our children participate in. We strongly feel however,that locating the stadium on the High school property will have a severe negative impact on our neighborhood and all of the other neighborhoods bordering this property. Many families have moved to this area with their children for much the same reasons as we have. Putting a structure of that type in the middle of a family residential area will cause disruption and potential danger to the children that play in our neighborhoods. The increase traffic, parking overflow, litter and noise will make our neighborhoods unsafe for our children. All of the neighborhoods that surround the proposed high school site are comprised of very nice, expensive homes. The damage, commercialism and noise as well as the constant traffic will make our neighborhoods less desirable places to live ultimately devaluing our properties greatly. We believe that the best interest of our children and all the students in Southlake can be best served by a site that serves more than just a football stadium and has a low impact on any existing residential developments. We are strongly OPPOSED to the revised plan to construct a football stadium on Carroll High School property at Highway 1709 and S. Peytonville. Sincerely, t = i �J Ed and Kathryn Armstrong 1402 Cambridge Crossing Southlake,Tx (817)424-2908 cc: Dr. Ted Gillum, Ed.D. Mayor Rick Stacy City Council of Southlake ,,,,, RECD S rP 0 2 1997 RFCD S E P 0 31997 August 31, 1997 P &Z Committee City of Southlake 667 N. Carroll Southlake, TX 76092 RE: Proposed New Football Stadium at Carroll-High School Dear P &Z Committee My family and I live approximately 200 feet from the school property. For the record, we were not officially notified by your committee regarding the revised site plan,nor are there any `notification signs' posted on S. Peytonville. Furthermore, our property is directly behind the proposed structure! Our response to any proposal to construct a football stadium on the existing high school property: OPPOSED. The impact to the immediate neighborhood would be a tremendous burden to those who live anywhere in the vicinity of S. Peytonville. The increase in traffic on 1709 and Peytonville would be a tremendous burden to those who live anywhere in the vicinity of S. Peytonville. Also,the noise associated with a football stadium situated directly adjacent to and across from existing and future homes is incomprehensible. I also anticipate general disruption, of the existing residential neighborhoods from increased traffic, overflow parking, trespassing, litter, etc. will make our neighborhoods less desirable places to live, and therefore devalue properties. Furthermore,the increase in the water drainage to out property will be unmanageable once additional parking lots etc. are completed. I would also hate to see the large tract of wooded area located on campus when it is so useful to science and biology classes. I believe that the best interest of the students of Southlake will be servedly first studying other locations, ones that have a lower impact on existing residential developments. We are strongly opposed to the revised plan to construct a football stadium at the `new' Carroll High School at Highway 1709 and S. Peytonville. Sincerely, 4 Thomas A. Burns 1410 Park Place Southlake,TX 76092 (817)-424-2909 RECD HP u 31997 � August 31, 1997 P &Z Committee City of Southlake 667 N. Carroll Southlake,TX 76092 RE: Proposed New Football Stadium at Carroll High School Pear P &Z Committee My family and I live approximately 200 feet from the school property. For the record, we were not officially notified by your committee regarding the revised site plan,nor are there any `notification signs' posted on S. Peytonville. Furthermore,our property is directly behind the proposed structure! Our response to any proposal to construct a football stadium on the existing high school property: OPPOSED. The impact to the immediate neighborhood would be a tremendous burden to those who live anywhere in the vicinity of S. Peytonville. The increase in traffic on 1709 and Peytonville would be a tremendous burden to those who live anywhere in the vicinity of S. Peytonville. Also,the noise associated with a football stadium situated directly adjacent to and across from existing and future homes is incomprehensible. I also anticipate general disruation, of the existing residential neighborhoods from increased traffic, overflow parking, trespassing, litter, etc. will make our neighborhoods less desirable places to live, and therefore devalue properties. Furthermore,the increase in the water drainage to out property will be unmanageable once additional parking lots etc. are completed. I would also hate to see the large tract of wooded area located on campus when it is so useful to science and biology classes. j 1 belie that the best interest of the students of Soudilake N-.ill be scr.edl� first studying other UW..r v�. locations, ones that have a lower impact on existing residential developments. We are strongly ' opposed to the revised plan to construct a football stadium at the `new' Carroll High School at Highway 1709 and S. Peytonville. Sincerely, L JC Gay Burns 1410 Park Place Southlake, TX 76092 (817)-424-2909 I REC'D S E P 0 2 1997 August 31, 1997 TO: City of Southlake P&Z Committee RE: Revised site plan for Carroll High School, Reference No: ZA 97-108 I submitted a ha ndwritten response at your August 21 st meeting, but would like to reiterate my opposition to this site plan. My husband and I are very much opposed to the new football stadium being built at this i location for several reasons. The first and most important has to do with our now safe neighborhoods. Putting a stadium of this size, in an otherwise residential area, brings many more cars and traffic into our neighborhood streets. As this plan shows there are approximately 1550 parking spaces planned for this 9000 seat stadium, which does not meet the 1 space for every 5 people ratio required by the city. Where would this overflow go, except into our streets. This isn't safe for our children and also brings with it 1 problems of trespassing and vandalism. Who would accept responsibility for this? This too, assumes that only 9000 people attend and they carpool in five's, both cases being unlikely. In addition to this we are concerned, naturally, about the noise, fights, and trash resulting form a stadium here. The noise and fights would be even worse than if there were a huge commercial complex there, and the trash blowing into our yards would be an eyesore and nuisance, that we would then be picking up continuously. As is vi ob ous to everyone,we have so much to lose if the stadium were built there, including our property values. Let's help the school district find a more suitable/commercial location for this project. Also, I must say, the trees currently in the rear of the property are beautiful, and provide a buffer for many of us, can you really justify tearing all these trees down to put a stadium in, where it really doesn't fit or belong in the first place? Please, don't approve any site plan in which these trees are destroyed! I would appreciate any support you can give us in ensuring that this stadium is built elsewhere, in a more commercial location. Thanks for your consideration. Sincerely, Donna Dant 1406 Cambridge Crossing Southlake, TX (817)421-8325 cc: Mayor Rick Stacy and City Council of Southlake �C. � per �,� �✓ � i� NEG9 5EP 0 4 ':397 j V �Lc iZe� G?�r�ea, J G, � � � � � � ��/ �, �� . � �� -. �� yam. �� ,,�.� � �" �d�,�. � ��' � r ,; , cToll brothers Inc. Quality Homes by Design® City of Southlake, P & Z Committee 667 North Carroll Avenue Southlake, Texas 76092 RE: ZA 97-108, Revised Site Plan for Carroll High School (Proposed New Football Stadium) Dear Chairman and Members, Toll Brothers is the largest land holder within the 200' radius of the Carroll High School property. Due to a P &Z tax update policy, we have yet to be `officially' notified of the Final Plat and Site Plan revisions, as stated on the agenda for the P &Z meeting to be held 9/04/97. We wish to pledge our active support for the Carroll ISD, its superb curriculum, and its fine programs. However, we feel the proposed Stadium to be situated on the high school site is not in the best interest of our homeowners or our future home owners (161 total), as well as our neighbors adjacent to and near our development. For o the record, we are opposed to the use of the Carroll High School property as the site for the proposed new stadium. We feel there are numerous, substantive reasons for an alternate location that provides a low impact on the existing and approved residential developments of our community of Southlake. C e lly s R. ne, oject Manager Toll rot ers, Inc - Texas Division XC- ed um, Ed. D. and the Carroll ISD Board of Trustees Mayor Rick Stacy and City Council of Southlake RAC "=P o 41997 Texas Division C1 4010 Eider Drive McKinney,TX 75070 • (972) 562-8655 Corporate Office: 3103 Philmont Ave., Huntingdon Valley,PA 19006 September 2, 1997 To: City of Southlake Planning & Zoning Committee Re: Proposed New Football Stadium at Carroll High School (FM 1709 & South Peytonville Avenue) ZA 97-108 Revised Site Plan Carroll High School Dear Chairman and Members: We live at 1415 Park Place in the Park Place Addition of Southlake. Our new home, which we have lived in since completion in December, 1996,is less than 225 feet from the southwest corner of the Carroll High School property and the proposed site of the new stadium. We realize the need for some kind of stadium improvement,but we are strongly OPPOSED to the building of a new football stadium anywhere on the present Carroll High School property at FM 1709 and South Peytonville Avenue. We believe that after fully and fairly considering the negative impact that the following conditions will have on the new residential neighborhoods that encircle in close proximity to the proposed new stadium site that you will also OPPOSE and REJECT this proposal. VISUAL POLLUTION r • The height of the stadium and press box would be approximately the height of a SEVEN STORY OFFICE BUILDING(plus the height of the flood lights above the stadium). How many seven story office buildings in highly residential neighborhoods have been approved and built in Southlake? • The sheer size and height of the stadium would dwarf the largest of homes in the surrounding neighborhoods. • The stadium would be an EYE SORE for not only the homes that are literally "within a stones throw"but also for the many,many surrounding homesifrom which the massive concrete and/or steel stadium and towering flood lights would be visible 365 days of the year! • The intense glare of the stadium flood lights during games and other events would be very unpleasant and down right obnoxious! NOISE POLLUTION • The loud noises from the stadium would be very disruptive! • The additional noise from thousands of cars and busses before,during and after games and other events would be a further detriment to the peace,quite and tranquility in the surrounding neighborhoods. ENVIRONMENTAL POLLUTION • In addition to the visual and noise pollution noted above,the proposed stadium,parking lots and other facilities would destroy several park like acres of post oak trees and other native plants.This area is the habitat of cotton tail rabbits, squirrels,other animals and birds. With as much open land that is available in Southlake, it is UNTHINKABLE and totally UNACCEPTABLE for elected public officials to allow the destruction of nature on public land that was paid for by the taxpayers of Southlake! • If the trees are destroyed,air quality would be diminished by dust stirred up by the thousands of vehicles on the area streets and parking lots.This dust and other vehicle emissions would blow unfiltered into the surrounding homes and neighborhoods. 11LCDr` ~ =r 1997 i OTHER NEGATIVE FACTORS • Over flow parking and traffic congestion on neighborhood streets during events held at the stadium would be very disruptive to the normal tranquility that attracted the residents who live on these streets to Southlake. • Trespassing and liter associated with the over flow parking would be very distasteful and an unnecessary burden that the neighborhood residents would be forced to bear. • The loss of privacy of a number of residents whose homes are adjoining the proposed stadium site would be very distressing and disruptive. People in the stadium could actually look down into the homes of these residents! FISCAL NEGATIVE IMPACT • The new subdivisions that currently have vacant lots available to build on would become much less attractive for home builders thus lowering the value of the lots.When the lot cost is lowered to a point that the builder can justify,he then would be able to build a smaller,less quality and much less expensive home.That would be grossly unfair for the unfortunate homeowners that have already invested several hundred thousand dollars for their dream home. • The resale values of existing homes would plummet leaving many homeowners trapped with homes that would be difficult to sell without suffering a substantial financial loss. i • Real estate agents would be less willing to try to sell homes in the affected neighborhoods further decreasing the value of the homes in this area. • The tax base would also decline as values in these neighborhoods decline. i The location of the proposed new stadium at South Peytonville Avenue and FM 1709 would have the most severe negative impact on the largest number of citizens than any of the other suggested stadium sites! We urge you to join the many concerned citizens by rejecting this proposed site and to encourage the location of a site that will have the least negative impact on the smallest number of citizens! Sincerely, Carolyn and Marvin Simpson - 1415 Park Place Southlake, Texas 488-9017 September 2, 1997 1 Planning & Zoning Committee I City of Southlake r 667 N. Carroll Southlake, TX 76092 Dear Committee: We have been supporting the Carroll Independent School District(CISD) as homeowners for over 7 years. When looking for a larger home,we limited our search to the Southlake area because we have # been pleased with the positive influence the school district has had on our oldest son in grades 1 -3. _ Last May we purchased a new, luxury home at our present location directly across South Peytonville Avenue in the new Toll Brothers subdivision,known as Southlake Woods. The reason we moved to that particular location was to have some breathing space for raising our two sons, enjoy the outdoors and surrounding animals,peace, and quiet. } One particular selling point in buying our home was the open,bordering spaces -including a settled high school, a jogging track, and the beautiful grove of nearby trees. Neither my builder, realtor,or local city government saw fit to warn us that our biggest life investment would soon be encroached upon by cheering hordes of high school football fans, traffic jams,noise, litter, and glaring stadium lights violating our personal retreat. Make no mistake, as a former participate in high school athletics and as a supporting parent of two up and coming Dragons, I value high school sports. However,we as nurturing parents of young children and as property owners, fear the neighborhood disruption caused by the reoccurring onslaught of hundreds of people and cars will cause serious property devaluation. The home we purchased merely 4 months ago as a long term investment has suddenly become a potential liability, threatening the future and security of our family. In short, we strongly oppose the construction of this stadium at the proposed Peytonville site. Sincerely, J. Bennett and Rosemarie Boggess and sons 603 Stonebury Dr. Southlake, TX 76092 H: (817) 329-7409 r J cc: Dr. Ted Gillium Mayor Rick Stacy City Council of Southlake F17 e.% . ' U 3 1997 `7 -.,? 610 Park Place Court Qe Southlake, Texas 76092 September 1, 1997 City of Southlake Planning&Zoning Committee Re: Proposed New Football Stadium at Carroll High School (1709 and S. Peytonville) 97-108 Revised Site Plan Carroll High School Dear Chairperson and Members: We live in the subdivision named Park Place which has its only access off of Peytonville. We were not notified in writing by the Committee regarding the Revised Site Plan. Due to information received by our neighbors, we are writing this letter to serve as formal notification that we are OPPOSED to the construction of a football stadium at the high school location. FIRST - Peytonville does not have enough traffic lanes to handle the car volume that would need to be served by the proposed capacity of 9000 stadium occupants. SECOND - Carroll Hi h School does not presently have a multi tier parking structure that g P Y P g would accommodate the cars that would be bringing the stadium occupants. Park Place subdivision residents, of which we are two, would not welcome the overflow parking on our streets. We have two outlets, both onto Peytonville. THIRD - Spending the kind of monies that are being proposed on the table should allow the Planning and Zoning Commission to find the `best' location for the badly needed football stadium. Placing it on land that currently has limited parking, questionable traffic flow, nearness to residences, and a beautiful forested area, would not seem like the `best' location for this stadium. Please consider us OPPOSED to the placement of the football stadium on the land that currently belongs to Carroll High School on South Peytonville & 1709. Sincerely, Colby & Sharon Swagerty 488-8235 (h) 352-4943 (w) F 1997 August 31, 1997 TO: City of Southlake Planning and Zoning Committee RE: Proposed Football Stadium at Carroll High School(1709 and Peytonville Ave.)97-108 Revised Site Plan Carroll High School Dear Chairman and Members: We have recently moved to Southlake. Our home is located approximately 200 feet from Carroll High School. We were never informed by our builder/developer that a stadium was proposed at this site,nor did we observe any posted`notification signs' along Peytonville Avenue. We strongly oppose any proposal to construct a football stadium at the existing high school location. The impact to our immediate neighborhood would be unacceptable. The impact issues are: 1. Inadequate parking as proposed would result in overflow parking in the Park Place neighborhood. This neighborhood has only two accesses to Peytonville Avenue and would present a safety hazard to the residents in this neighborhood during stadium specific events. 2. Excessive lighting and noise from the stadium would constitute an invasion of privacy. 3. Trespassing and vandalism would be promoted by the introduction of 9000+attendees into an area inadequately designed for such public intrusion. 4. The decrease in property values for the community surrounding the proposed site would be a direct result of the above points. As pointed out during the Carroll School Board meeting of August 25, 1997, the constructing of a stadium at Carroll High School would create several logistical problems for the school and its students. Some of these problems include: 1. No delineation between visitor and home team parking. 2. Insufficient automobile and bus parking. 3. Loss of a neutral playing ground for the existing school and the new proposed high school. 4. Incapability of expanding the existing high school. 5. Providing no indoor practice facilities. 6. Lack of space for a natatorium. 7. Not enough tennis courts. 8. Providing no girls softball and soccer fields. Several of these problems are sufficient to halt any proposal for this site. Coupled with the impact on surrounding neighborhoods, it appears this site should not even be considered for the new high school stadium. P D S E'P 0 � 1997 We believe that the best interest of Southlake will be served by selecting another location. The location (4W should have a low impact on existing residents, should provide students with the necessary facilities to participate in extracurricular events and provide for the growth of Southlake.None of these are served by this proposal. Our position to any proposal to construct a stadium on the Carroll High School property: OPPOSED Sinpell , LeRoy and Stacy Mims 611 Boardwalk Avenue Southlake,Texas 421-4448 �z R'CD StP 0 1997 Thomas and Jody Conophy 1417 Park Place Southlake,Texas 76092 (817)421-7714 August 30, 1997 TO: City of Southlake P&Z Committee RE: Proposed New Football Stadium at Carroll High School(S.Peytonville and 1709) 97-108 Revised Site Plan Carroll High School Dear Chairman and Members: We live in a subdivision bordering the high school running track,approximately 200 feet from the school property. We were not officially notified by your committee regarding the revised site plan, nor are there any"notification" signs posed along S. Peytonville. When we called your office to request a notification letter and question why we hadn't received a letter, we were told we were not on the tax record as of September 1, 1996. We find this an unacceptable response, since we pay our water bills to the City of Southlake and have been doing so since moving in November 1, 1996. Our response to a proposal to build a football stadium on the existing high school property is OPPOSED, for the following reasons: ■ The increase in traffic on 1709 and Peytonville would be horrific to existing homeowners. ■ The lack of adequate parking would mean an overflow of parkers into OUR neighborhood. ■ An increase in garbage, trespassing,and possible vandalism would decrease our property values. ■ An increase in noise adjacent to a stadium would ruin our quality of life. ■ Building one stadium at the present location,would be turning a blind eye to the future possibility of a second high school campus within Southlake. This will present future town-splitting dissension over home field advantages, if we have two high schools, and a shared stadium located on one campus. ■ This will prevent enlargement of current academic facilities, if a second campus is not added. ■ Locating the stadium on the current campus does not address the issues of athletes other than football players.by restricting space for a swimming pool, more tennis courts, etc.... ■ Lastly, the complete removal of the trees adjacent to the track would affect our quality of surroundings. After attending the school board meeting last week,we agree with the boardl at the high school is not an ideal location for such a stadium. We believe that other locations,which have a minimal impact on existing residential developments, should be studied. Sincerely. _tcll� Thomas and Jody Conophy cc: Dr. Ted Gillum. Ed.D.,Mayor Rick Stacy and City Council of Southlake �� 31997 p © 31997 Kie & Virginia Muzyka 823 South Peytonville Southlake, Texas 76092 Phone 817-481-6354 September 2, 1997 To: City of Southlake Planning & Zoning Committee Re: Proposed New Football Stadium @ Carroll High School (#97-198) Dear Chairman and Members: We are opposed to any proposal to construct a football stadium on the existing high school property at the corner of Peytonville & 1709 because: 1. The traffic on North and South Peytonville would come to a stop on Friday night. We would like to be able to go out if we choose and also have police & fire protection around the clock, seven (7) days a week. 2. The noise & lights impact on the surrounding neighborhood would be severe. A stadium has not been in the plan at this location and it would be unfair to introduce such a disruption in an existing established area. 3. Other less intrusive commercial proposals in the immediate area have been turned down. 4. Property values would be diminished and a large wooded area would be destroyed. Sincerely, 77� Kie &` irginia Muzyka Copy: Dr. Ted Gillum, Ed.D. ivlayor Rick Stacy & City Council of Southlake q 0"'I)-j (aw September 3, 1997 TO: CITY OF SOUTHLAKE P & Z COMMITTEE RE: PROPOSED NEW FOOTBALL STADIUM AT CARROLL HIGH SCHOOL Dear Chairman and Members: We live in a new subdivision development adjacent to Carroll High School. We are opposed to any construction of a stadium on the existing high school property for the following reasons: 1. A stadium is incompatible with existing residential property. Such a facility would have at least the equivalent impact of a large commercial operation. 2. Noise and other pollution will inevitably be a by-product of such a facility. 3. Narrow two-lane Peytonville road provides poor and inadequate access to the amount of traffic such a stadium would generate leading to other problems such as trespass, crime and vandalism in surrounding neighborhoods. 4. A stadium would have a negative impact on adjacent property values for the above reasons. 5. Other sites exist which would provide better access, lower impact on surrounding areas, and better long-term adequacy of facilities. Given the existence of the above factors we were quite surprised and appalled along with other neighbors to learn that a stadium at the existing high school site was even under consideration. Such a stadium is totally incompatible with the existing location. = Very truly yours, Douglas and Catherine Ferber 608 Park Place Ct. Southlake, TX 76092 RFC'D S rE P 0 31997 RECD SEE P 021997 September 1 , 1997 TO : City of Southlake P&Z Committee RE : Proposed new football stadium at Carroll High School ( 1709 & S . Peytonville) 97-108 Revised Site Plan Carroll High School Chairman & Members , ' We are in the process of building a new home in the Toll Brothers Southlake Hills (Stonebury) subdivision . We expect completion and our relocation to be sometime in early October 1997 . We spent sixteen months selecting this builder and home site and' really felt we had satisfied nearly all our primary decision criteria. One of our most important qualifications addressed a home site in Southlake that had a quiet country atmosphere with a large lot that provided a private neighborhood view with limited traffic , urban noise , or simply put , no athletic fields within a line of sight . Clearly, this proposal to build a 9000 seat plus stadium across the street from our new home is both incomprehensible and unac- ceptable . 1 ) I would boldly suggest that a football stadium should never be built in the middle of a single family neighborhood . 2) I don ' t believe anyone in Administration at Carroll ISD or the P&Z Committee , City Council or Mayor would accept a large , noisy football stadium with all the traffic nightmares that go with it to be built in their neighborhoods . 3) Landowners and homeowners deserve some respect and loyalty from local political entities who would take.away our tranquility for their latest urban sprawl ideas . 4) Southlake homeowners and taxpayers deserve some respect from local politics and we expect our best interests to be observed as part of our tax commitment which should not be confused as small . In conclusion , my wife and I will not buy our Stonebury home if you approve the new stadium on Peytonville . Sincerely S teve arld Dottie Okland 517 Stonebury Southlake , TX (481-8608 )home ( 488-2255 ) business cc : Ted Gillum , Mayor Rick Stacy, Southlake City Ccu-ncil August 281h, 1997 TO: City of Southlake P & Z Committee RE: Proposed New Football Stadium at Carroll High School(1709 and S. Peytonville) 97-108 Revised Site Plan Carroll High School Dear Chairman and Members: We live approximately 200 feet from the school property. For the record,we were not officially notified by your committee regarding the revised site plan,nor are there any`notification signs' posted on South Peytonville. Furthermore,our property is almost DIRECTLY across the street(S. Peytonville)of the proposed structure! Our response to any proposal to construct a football stadium on the existing high school property: OPPOSED The impact to the immediate neighborhood would be greatly affected by locating a stadium anywhere on this school property: First,the increase in traffic on 1709 and Peytonville would be a tremendous burden to those who live anywhere in the vicinity of S. Peytonville. Second,the noise associated with a football stadium situated directly adjacent to and across from existing and future homes is incomprehensible. Third,with the general disruption of the existing residential neighborhoods from increased traffic,overflow parking problems,trespassing,litter,etc.will make our neighborhoods less desirable places to live,and therefore devalue properties. Fourth,the increase in the water drainage to our property will be unmanageable. We currently drain 50%of the high school's area which consist of the west side parking lots and track. Additional parking lots and a complete, 100%ground covered structure will dump more water into our ditch and pond,causing further erosion to our front pasture. Fifth, the proposed site will completely destroy the large grove of native post oaks adjacent to the track. How many more trees does Southlake need to lose before our city fathers wake up and realize the assets that they are allowing to be destroyed by each new development? We believe that the best interest of the students of Southlake wil?be served by first studying other locations, ones that have a low impact on existing residential developments. We are strongly opposed to the revised plan to construct a football stadium at the `new' Carroll High School at Highway 1709 and S. Peytonville. Sincerely, Brandon & Kay Baker, and sons 620 S. Peytonville (Baker Estates) Southlake, Texas 481-6122 home 263-7777 wk cc: Dr. Ted Gillum, Ed.D. , Mayor Rick Stacy and City Council of Southlake -� RED SE 0 2 1997 REC"D S E P 0 2 1997 1401 Mayfair Place (aw Southlake Texas 76092-2871 Tel: home (817) 448-5902 August 31 , 1997 P & Z Committee City of Southlake 667 N. Carroll Southlake Dear Mr. Chairman and members, Re: Proposed New Football Stadium at Carroll High School (S. Peytonville) We live about 100 yards from the school property, and first learned from neighbours about the above proposed citing of the new stadium. We recently read in the local paper that this is not the first choice, but in any case, would like to state clearly that: We are opposed to constructing a football stadium on the existing Carroll High School property. The reasons are many, but to us the following two are important: • One of the ever diminishing country areas of Southlake will be destroyed. • The increased noise, traffic and garbage do not belong in the midst of residential areas. Yours sincerely, * X A* c-- q' Geoffrey R. Owen & Helen M. Owen QW 1 plcihhlpl�, r—A Zvh►c,-o U+� ic, - 7 Ili �vYD WC'D S E P 0 21997 ee. Z-A q7-)oS n (� s �LC-•r CL �r iC{...e.A C4 t'n a-l� r ICI--,- S �-L CLY4 Z , - CA LrA R"t 5 i fi� V Imo,, i CL44- L -- 1� S-6- cam.. cz� CL Ay"Lff-1-c- uo CL4 b—L, 2l hus Vcr Ism t'�� 'n�r��eS ''css1 CALs Y-a ash.. � - -Q-, pCL-, tcw Tr CA �c. U C 4 '�..� tip• Y`-Z"U .� ��- �. � -t'�. C� �, -��--s"i� 1 CC s S . m +y he Y�l S �v�%�' ✓mil �� cL �ES5 f 41-Z 4d �, CAL T0'd -rdi0i 3 i i Gary R. Rose 3705 Edgewater Bedford,TX 76021 September 4, 1997 City of Southlake Planning and Zoning Department Southlake,TX I would like to voice my opposition to the construction of a football stadium at the Peytonville location. I am presently a resident of Bedford but have a home under construction by Toll Brothers in the Southlake Wood subdivision across from the high school. I plan to move into the home on Stonebury Dr. in November of this year and am greatly concerned by the reduction of home values that will be the result of such a project.Unfortunately,when we decided to build our new home in Southlake we were not aware that there was going to be a football stadium across from us or we probably would have chosen another location. Your consideration of my request and a response would be greatly appreciated. I can be reached during the day at(214) 841-6712 or in the evening at(817) 540-1499. A& Sincerely, G R. Rose REC'D W m 1997 i �70. 3D J TO/T0'd LVL9 Tb8 bit 'db0O QNU7HinOS 3Hi ZT:ZT 466T-b0-d3S , (jW CITIZEN'S PETITION RE:ZA97-108 / CARROLL HIGH SCHOOL STADIUM SITE By our signatures below,we as property owners,residents and tax payers residing in the City of Southlake,Texas,do hereby petition and protest the building of and application for a revised site plan for ! the property located on the southeast corner of the intersection of West Southlake Blvd. (FM 1709)and South Peytonville Ave. currently under consideration as the future site of the Carroll High School Football Stadium. I SIGNATURE ADDRESS PHONE /1 M r 21 _/ I (j_ VIt 14. G �cx Ci . LTr i`- i P:.u-c Place fs V U J�yr'_C% :v 1 I %� �� 1997 9/3,jlq CITIZEN'S PETITION RE:ZA97-108 / CARROLL HIGH SCHOOL STADIUM SITE By our signatures below,we as property owners,residents and tax payers residing in the City of Southlake,Texas,do hereby petition and protest the building of and application for a revised site plan for the property located on the southeast corner of the intersection of West Southlake Blvd. (FM 1709)and South Peytonville Ave. currently under consideration as the future site of the Carroll High School Football Stadium. SIGNATURE ADDRESS PHONE 1411 EEO PETITION (6A.1 At,,� jt 3i 1? k7 We the undersigned oppose the revision of Platt, or the construction of a football stadium at Carroll High School. UAME ADDRESS Zee 40 n A an yi.t,.t'T`z 10 �. lL' lid OU /..1- � ' l ., L REC'D .- U -3 1997 Brandon and Kay Baker 620 S. Peytonville Dr. Southlake, Texas 76092 September 11, 1997 Dr.Ted Gillum,Ed.D. Superintendent Carroll ISD 1201 N.Carroll Southlake,TX 76092 Dear Dr.Gillum: Last Thursday night,about 20 neighbors and I attended the Southlake Planning and Zoning Meeting. During the public discussion stage,Jerry Stone,project manager at Toll Brothers Development Company, the developers of SouthLake Woods and the previous Stonebury Development,produced the enclosed document. My neighbors and I are quite confused and concerned as to: 1) Why Carroll High School is still considered a potential site for a football stadium, 2) Why Carroll I.S.D.'s architects and developers are moving forward on plans to add additional parking and playing fields which will DESTROY HUNDREDS of OAK trees, if there are NO plans to build a stadium on this site,as stated in your letter of October 29, 1996. The current high school campus is very attractive,and certainly a draw to many of the city's newest residents,as it was for us.(We live across the street form the track) Destroying much of the`green space' and large trees for parking and fields that are not needed is a wasteful use of natural assets,as well as creating additional drainage problems for us. We understand the need for,and are in favor of,additional facilities at this campus,such as for the library and cafeteria. We simply ask you and your staff to consider more than the physical building needs and consider the total impact and aesthetics of this campus on the city and our neighborhood. I have enclosed copies of the petition,with 80 signatures,against the stadium at this site,for your records. We believe that the interest of the students of Southlake will be best served by first studying other locations,ones that have a low impact on existing residential developments. We are strongly opposed to the revised plan to construct a football stadium at the`new' Carroll High School, and to the current plan to add parking and playing fields. Thank you for taking time to review this material. Brandon and Kay Baker 817.481.6122 bakcr'a onlinerealtv,com cc: Mayor Rick Stacy Planning and Zoning Committee REM) S E P �. 21997 f, n CARROLL INDEPENDENT SCHOOL DISTRICT 1201 N. CARROLL AVENUE SOUTHLAKE,TEXAS 76092 • (817)481-5775 Ted Gillum,Ea. D. Michael Murphy, E p y, d.D. Supenniencent Assistant Supenntendent/Curriculum r Steve Johnson Assistant Superintendent/Personnel and Administration October 29, 1996 To Whom It May Concern: At this time, the Carroll ISD does not have plans to build a stadium complex next to or on the Carroll High School location. Ted Gillum, Ed.D. Superintendent Date c: Max Cannon, Classic Homes CITIZEN'S PETITION RE:ZA97-108 / CARROLL HIGH SCHOOL STADIUM SITE By our signatures below,we as property owners, residents and tax payers residing in the City of Southlake,Texas,do hereby petition and protest the building of and application for a revised site plan for the property located on the southeast corner of the intersection of West Southlake Blvd. (FM 1709)and South Peytonville Ave. currently under consideration as the future site of the Carroll High School Football Stadium. SIGNATURE ADDRESS PHONE / lLk =- /1 K LF ZI 4 LN C) i �• ly/7 C 77/y I q f j PcLr L Plctce l - ?-7 r�( '1 "Al yl CITIZEN'S PETITION RE:ZA97-108 / CARROLL HIGH SCHOOL STADIUM SITE By our signatures below,we as property owners,residents and tax payers residing in the City of Southlake,Texas,do hereby petition and protest the building of and application for a revised site plan for the property located on the southeast corner of the intersection of West Southlake Blvd. (FM 1709)and South Peytonville Ave. currently under consideration as the future site of the Carroll High School Football Stadium. SIGNATURE ADDRESS PHONE C. /C /V t � , -')1;1 ioO r-� 4? t . J s T1i--"\ -� � PETITION We the undersigned oppose the revision of Platt, or the construction of a football stadium at Carroll High School. hrAME ADDR&SS- (--DO -A L 4 0 y C, A U 1.0 Al 1P Y- Page,3 PETITION We the undersigned oppgsgthq revi ' n of Platt, or the construction of a football stadium at Carroll High School. _ NAME ADDRESS £ /Yo�l c�wb� e ��,osS• , ,C� u� 0"yt2L- 6,1::, 1 - . 9�L 4 14-L k e ��ur�1Q��1 3 RA G2v 2' i�Eo3 ,3�i- Cam- SoJ �11<4-v- 405 hl 61 I y7 1 `i�1,11 (s"t U,�`^� 'J►�11,"/�Z Page.3, f IL N �^e Address A, w i t_�i ::�.�_.1. : , I. fit,_ ^� vC�\\ c-k lqbl mtj 0�1 Qr(2h)t..?A) I4() 3- )�-tc.hmodd Cf 7�2 Y �-j r - L-[ L ......... scH \ `` I I � c � � 4 +• 77 � i 1 ,, a� _,�� •ice-�,,... ----' ��=�✓. � — i;�.k� �: r __- j EST-9�--; .. � ; -t\ ,/ I �\�1� -�!�•,�� `'��;. TRACT MAP 9 10 2 1 15 10 S 0 TR 105 5.?55 0 i4 5" 732 0 E J2 4.264 O 5 f i I 6_:oSTllDCS LA 4 S455di 5 TR 105 2 v m 5.165 F.M. 1709 TR .3G .915 0 ;TR IA2 I aa 11 T -ATA TR 3 1.797 AC ,`` ,"V TA IA 1# ITR !A! 1.412 0 1.426 0 TR 3C 1.3 1 AC 4 TR JC2 Lo Ac 6 3C2A 0 AC CAR 7 7 RD 00 .504 T7AIR PI. 7 TRACT 2 52.893 0 TRACT I cl 2 TR.34 ,CwA0j4D CT 5.35 31 -0 PA Lo 79 21 LIU PARK PL�k C5Z 0 �7 ij 20 21 221 ADJACENT OWNERS 15 AND ZONING 3 54 44 1 1 ADJACENT LAND OWNERS 15-Aug-97 Qe # Owner Name SPIN#13 BARRY FRIEDMAN 01 SOUTHRIDGE CENTER LP, 02 SOUTHRIDGE CENTER LP, 03 SOUTHLAKE 114 INVESTORS, 04 GRACE PRESBYTERIAN CHURCH, 05 REALTY INCOME TEXAS PROP LP, 06 SOUTHRIDGE LAKES HMOWNER ASSN, 07 TEXAS,STATE OF 08 TEXAS,STATE OF 09 PINSON,CLARENCE L 10 MARTINSON, LLOYD H 11 GEORGE, DANIEL E ETUX SUSAN P 12 NYHOFF,DOUGLAS G ETUX KAREN J 13 WILLIAMS,CHARLES ETUX EMILY 14 GIGLIO, LAWRENCE R 15 DAHLSON, RICHARD F ETUX ANNE H 16 FALIVENE, ROBERT ETUX SALLY 17 TYE,CHRISTOPHER ETUX SUZANNA 18 DREES HOME CO,THE 19 HENSON,JAMES R ETUX ANN 20 WEBB, DAN A&PATRICE R 21 EVANS,THOMAS B ETUX KIMBERLY 22 JOHANSON,JON ETUX CYNTHIA E 23 FITZPATRICK,JOS F&BERNICE L 24 DREES HOME CO,THE 25 SOUTHLAKE PROPERTIES JV, 26 FINN, ROBERT E JR&TAMMY 27 BRUCE,MARK C ETUX BARBARA M 28 TERRA LAND DEVELOPMENT CO, 29 TERRA LAND DEVELOPMENT CO, 30 TERRA LAND DEVELOPMENT CO, 31 TERRA LAND DEVELOPMENT CO, 32 TERRA LAND DEVELOPMENT CO, 33 TERRA LAND DEVELOPMENT CO, 34 TERRA LAND DEVELOPMENT CO, 36 TERRA LAND DEVELOPMENT CO, + 37 HARRELL CUSTOM HOMES INC, 38 TERRA LAND DEVELOPMENT CO, 39 SOUTHLAKE,CITY OF 40 CHATEAU DEVELOPMENT CORP, 41 CHATEAU DEVELOPMENT CORP, 42 LAMAR,C&WANDA J MAY 43 AKARD,CHARLES ETUX RENA 44 AKARD,CHARLES ETUX RENA 45 GREENWOOD, ROBERT CURTIS 46 DAVIS, DONALD G 47 LAM, CONNER 48 LAM,CONNER 49 LAM, CONNER 50 TEXAS, STATE OF 51 FRED JOYCE-MARY MYERS ENT INC, 52 TEXAS, STATE OF D-q 7 1 SVX31 4 3)IV'1 H.LnOS *a,s,i noukivo NVId 311S W31SVW co IOOHOS HDIH IIOUUVO L 3&S 3aninj --------------------- uj IIII lll C;D C;D ill II T!" zi C-TD i . ku HAS 0 v U IT i a PA l Ma , . Ij L J !i S2 -I it I it I it I it I it I it 52 Fri I FF"I 40i ea� ------- s ;4 Ck II I' _ A ( I I I !Z I.IVMI LI It, v ZD FT z lie 5;21 1 % OS2 Aa i t CC • f L—L! — — — — — — — — — R. — — — — — — City of Southlake, Texas SITE PLAN REVIEW SUMMARY ase No: ZA 97-108 Review No: Four Date of Review: 10/03/97 Project Name: Revised Site Plan for Carroll High School, being Lot 1 Block 1. Carroll High School Addition and being 54,6152 acres situated in the R.J. Paden Survey.Abstract No 1255 APPLICANT: ENGINEER: Carroll I.S.D. SHW Group.Inc. 1201 N. Carroll Avenue 4101 McEwen. Suite 300 Southlake. Texas 76092 Dallas.Texas 75244 Phogg: (812)481-5775 Phone: (972)701-0700 Fax: (817)421-0810 Attn: Ted Gillum Fax: (972)701-0799 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/29/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF 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. Note the following variances granted by the Council at the time of the S-P-1 zoning: No bufferyard required.along S. Peytonville Avenue;the minimum depth of the bufferyard to be maintained along all other property lines with the planting materials being placed adjacent to the 'school facility; stadium -iarking based on 1:5 ratio rather'than 1.3 as required by the ordinance;and maximum building height pproved at fifty feet(50)rather than thirty five feet(359 as required in the "CS"District. 1. The future grand stands along the west encroach the 30' building setback line. 2. Label the existing pavement width of S. Peytonville Avenue at the north end and south end as the roadway transitions.Improve readability of the line work.It is difficult to interpret existing and future pavement. 3. The following changes are needed with regard to bufferyards: a. A 10'Type'E'bufferyard is required along the west property line adjacent to Peytonville Ave. (The applicant has requested a waiver of this requirement.) (P & Z Action 9118197: delete, noting applicants commitment to plant along Peytonville) b. Provide 100%of the required plantings along the east and south bufferyards. (The applicant has requested that 50%of the required accent trees and 100%of the shrubs for east and south bufferyards be placed along Peytonville Avenue.) (P& ZAction 9118197:deleting applicants request for 50% of the required accent trees and 100% of the shrubs for east and south bufferyards be placed along Peytonville Avenue, and requiring that 100%of the cost of the bufferyards plantings along the east and west bufferyrds will be for mondell pines along the east and west.Allowing the bufferyard plant materials along the east to be located on the west side of the channel. Requiring a 4'berm in open areas along south property line and along the east property line north of the drainage channel in a manner not to affect detention.) "7 F City of Southlake, Texas C. All bufferyards must be installed prior to issuance of a C.O. for any phase of construction(The applicant has requested that installation of the bufferyards be allowed as the adjacent phase is constructed. 4. Graphically show the location and label the type of 8' screening device to be provided along the entirety of east and south property lines due to adjacency to residentially zoned property and/or to residential dwellings. 5. This plan does not propose any new driveway curb cuts along F.M. 1709 or Peytonville Ave. from the previously approved plan. However, due to a 41% increase in parking, compliance with the Driveway Ordinance is required.The following do not comply with the Driveway Ordinance No.634: (P& ZAction 9/18/97. delete in its entirety) a. The driveways intersecting F.M. 1709 must have a minimum centerline spacing of 500'. The current spacing is 479'. (The applicant has requested a variance to this requirement.) b. The two south driveways intersecting South Peytonville Avenue must have a minimum centerline spacing of 200'. The current spacing is 180'. (The applicant has requested a variance to this requirement.) C. The minimum driveway throat depth for traffic stacking is 150'. The stacking depths do not comply as follows: 1) The east driveway intersecting F.M. 1709 has a stacking depth of 135'.Please note that stacking depth is measured from the R.O.W. and not the pavement. 2) The west driveway intersecting F.M. 1709 has a stacking depth of 80'. (The applicant has requested a variance to this requirement.) 3) The two south driveways intersecting South Peytonville Avenue have stacking depths of 10'. (The applicant has requested a variance to this requirement.) 6. Correct or provide the following items in the site data(by phases and in total): Football stadium seats Required Parking dr 7. Show the location,orientation and height of all exterior auditory devices. 8. The following changes are needed with regard to building elevations: a. Elevation No. 3,the west elevation of 1997 addition to the north side of the building does not meet the vertical articulation requirements of Ord. 480 Sect. 43.9c 1 c. Elevations 1 and 2,the north and east facade of this addition do meet the requirements. (The applicant has requested a variance to this requirement.)(P& ZAction 9/18/97:delete) b. The west facade of the "Future Indoor Work Out Center" does not meet the vertical and horizontal articulation requirements of Ord. 480 Sect. 43.9c 1 c. The north, south and east facades are not subject to the requirements. (The applicant has requested a variance to this requirement.)(P& ZAction 9/18/97:delete) 7 -SG City of Southlake, Texas PAZ ACTION: August 21, 1997, Approved (7-0) to table and to continue the Public Hearing to the September 4, 1997, Planning and Zoning Commission meeting. September 4, 1997;Approved(7-0) to table to the September 18, 1997, Planning and Zoning Commission meeting with the applicant agreeing to provide more detail regarding: 1). the'`tree buffer in the center of the south portion of the property, 2). which trees will be saved in the northwest corner parking area, 3). the size and number of canopy and accent trees in the bufferyards on the landscape chart, and 4). changing the design of the "Future Indoor Work Out Center"building in order to compliment the main structure (Item #12c). September 18, 1997,Approved(7-0)subject to Site Plan Review Summary No. 3, dated September 12, 1997, with the following amendments: • requiring the applicant to revise Site Plan to show grove of trees in.the center of the south portion of the property as they are today; • deleting Item#4b (request for 50%of the required accent trees and 100%of the shrubs for east and south bufferyards be placed along Peytonville Avenue); • noting the applicant's agreement that 100%of the cost of canopy trees, accent trees, and shrubs in the east and south bufferyards will instead be used for Mondell pines in the east and south bufferyards, • allowing the bufferyard plant materials along the east to be located on the west side of the channel, • requiring a 4'berm in open areas along south property line and along the east property line north of the drainage channel in a manner not to affect detention; noting the applicant's commitment to plant along Peytonville Avenue; • deleting Item #6 in its entirety(driveways); • accepting the applicant's commitment to follow the current Tree Preservation Ordinance and their willingness to consider following the proposed Tree Preservation Ordinance once they have reviewed it' • deleting Items #10a and 10b (building elevations); • noting that 1:5 parking ratio is apart of the existing zoning and is not to change. * The wall lengths for "Future Addition, Option 1 & 2" do not exceed 3 times the wall height. No horizontal or vertical offset is required. * The existing structures and the proposed additions to the south elevation of the existing school building (Elevations 4, 5, 6 & 7) are not subject to the articulation requirements of Ord. 480 Sect. 43.9c 1 c. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a fully corrected site plan, landscape plan, 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. City of Southlake,Texas * 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: Carroll I.S.D., SHW Group,Inc.,TPM-Fax: (817)488-9708 Attn: Brent Kline L:\W P-FIL.ES\REV\97\97108SP4.W PD e . � D-SZ «.�« svx3113Hv 1 Funs a s i•nog rn •- NV Id 311S U31SVW �.. ~ 1001-13S HDIH 'nOHHV3 Z��1 R 1 P. 7 a 111111 �i7 I WE O4� trig �Lt, I IN �� -- A __ ��li � ! 4 • III �—� � IIO •O iL�y T.wI J iv.TY r, i -._ i w • •I 9 � rb- A �• i I o p iU.N. , ; .I,I�, i �A.��e��.��•��ryryrygYjYYjYAj ppp o. gI ■ ; - - -— - • ++!!ill�llll l�llllllill 111111 r1 N� ;��j, N S _ ITC He ' � � � � ��- •�' #� �; I■ gym: — ,F II , I, I i lI II • r rill r�r �. � /�li'ildG:�i,�':Iir �p� dl�`�=�Ru � 3 W r r I ■+ �� t � x ,I I� ( 1 s —7 D 4_ —; .,. SVX31""Vi HMOs G'S'1'1'lOH C'! 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O O f G -j sv)GL ZM HMM •_ I it o 49 aooe� iiii �, _■r■li © C9 NONE milk _..Ins ■r C� u ■�__�f CA "_/r o ■moor o .__�.�' a �■_/r s _■■n■ eee E ■■■■ll MEIN, =MR ° ��1 �( ''�■ M ° �.�a ■■iiE� 11:1■� 0 0 ,�• , MEN moll ■HIO o _/■l CUM coca o ■■1 C� C6 _-un," ■moo=cc� NNN/■ 0 ■� ■RI& o no moll MEN � - 'I�:::� � ,, ;■■fit CB C9 - C® CB swavmivi HLnos Wild RUS H3iSVW C%d MUM 100HOS HOMMOUM F7 ............... _ I LS 3".1 ------------ ------------------------------------------------------- ------------------------ - Jill __�1Ii�( IIII( Jill fill fill CP C%i Itll C4 all 6 1 1 1 L is, r rl t---^.�.a 1 GI 1 el IwI fill I fill . .......... i I r I I I I I iTTrm III I .14;WMR C) Min 17 L fi11 -4 - — - — - — - ————— — — — - - 44-11 1 A T a N 010 111'A City of Southlake, Texas STAFF REPORT October 3, 1997 CASE NO: ZA 97-121 PROJECT: Resolution No. 63 Specific Use Permit- St Martin-in- the-Fields (Mother's Day Out Program)- child care STAFF CONTACT: Dennis Killough, Planner II, 481-5581, Ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, Ext. 743 REQUESTED ACTION: Specific Use Permit for child care(Mother's Day Out Program)per Zoning Ordinance No.480,Section 45.1 (2.c)on property legally described as being Lot 1,Block 1, St. Martin-in-the-Fields Addition, an addition to the City of Southlake,Tarrant County,Texas, according to the plat recorded in Cabinet A, Slide 1346, Plat Records, Tarrant County, Texas, and being approximately 7.044 acres. LOCATION: East side of South Pearson Lane approximately 800'south of the intersection of West Southlake Boulevard and South Pearson Lane. OWNER/APPLICANT: St. Martin-in-the-Fields Episcopal Church i URRENT ZONING: "CS" Community Service District LAND USE CATEGORY: Public/Semi-Public NO.NOTICES SENT: Five (5) I RESPONSES: One (1) response was received within the 200 notification area: • Robert E. Travis, 101 Sarsi CV, Lake Kiowa, Texas, undecided. P&Z ACTION: September 18, 1997; Approved (7-0) subject to Concept Plan Review Summary No. 1, dated September 12, 1997. STAFF COMMENTS: This plan substantially conforms to the approved Concept Plan of the church development and is subject to the conditions of approval of the Concept Plan Case No. ZA92-26. The purpose of this plan is to consider a Specific Use Permit for a child care program within the church facilities. Attached is Concept Plan Review Summary No. 1, dated September 12, 1997. L:\WP-FILES\MEMO\97CASES\97-121 SU.WPD �-�► _� ST* MARTIN-IN-TIDE-FIELDS EPISCOPAL CHURCH Mang Address Location Address P.O.Box 524 223 So.Pearson Ln. Kerter,Texas 76244-0524 Souddake,Texas 76M 817/431-2396 Fax 817/431-2689 August 22, 1997 TO: City of Southlake FROM: St.Martin-in-the-Fields Episcopal Church RE: Mothers Day Out Program Enclosed please find a specific use permit application for a Mother's Day Out Program to be operated in our existing Christian Education Building. The education building,completed in 1994,was built to comply with then existing state requirements for preschool programs.A recently constructed,fenced in playground which meets Consumer Product Safety Commission guidelines for playground safety will also be used in the Program,weather permitting. Our Program will begin as a two day a week program,with possible expansion to three days if enough interest is shown when enrollment begins. The hours will be 9:00 AM to 2:00 PM. We will not be serving any meals during the program-parents will be expected to provide snacks for their children. We expect to enroll between 20 and 40 children in the program. Our goal is to maintain student:teacher ratios of: 5:2 for infants 6:2 for one year olds 8:2 for two to four year olds Applications for enrollment will include an emergency release form and current immunization records for each child enrolled A check for the application fee,and 34 copies of the Master Site plan for our property are also enclosed We look forward to hearing from you as soon as possible concerning the approval of this application. Sincerely, Sheila Scaggs, Senior Warden ® RE CM) AJG' 251997 T7/� Cr i EUX 1*4 ogo F7 foo— TRACT MAP 74 DISCLAIMER This data has been compiled for The City of Southlake. Various official and unofficial sources were used to gather this information. Every effort was made to insure the accu racy of this data, however, no guarantee is given or implied as to the accuracy � L 5 1 if SOUn TR 6A2 TR 6AtA TR 6D1 -1.1 O TR 4A13A .171 TRMiM .1as O M17 • ► TR 4AU .� 4� 089 O -- TR 4A3A . ALLENB 5 645 RAM 4 L • L r NADDN�,►3 J G AS 0 yo • 7R.6D ADpN . TR.4A3 2.45.0,. r _ TR.- i 20 O r � 1.34 AC 1.81- f AG . AG AG .4 TR r TR.6C1 1 TR.6A T t.19 Ac` G. HILL R. TRAVIS 3.961 0 3 X 0: RANCH LAND LEASING CO. TR.4A W 66 36.166 AC Y R 7 CAc 0 TIN ADD ° AG I S T vsT pfL D, .,. Arr AA nn I Vyv1 r Il" � �1�� • 7.044 O 2 r r 3.961 O 3. AAC �I N pps • r BAR s �A . . . . TR 6G S IELD 1.818 AC cS TR 6 AG 3.7966 O TR 4A16 1.0 AC L ADDN TR 4A 0 CKwEL A 1.= AC 2.021 0 3�ge SPIN +15 WAYNE AND JUNE HANEY TR ADJACENT OWNERS TR 681A1 TR 6B1 6F1 TR 4A .36 .863 AC .80 AC AND ZONING � E-'� AC _ _ _ 6.166 0 I11XII it I °1,1 �40!t!prd J71ay.a1+V!w}'fN•-K � r JLLJ t {Q1ti66q�.inut, iJ 4 iJ� i � Q1@ Q, e D 4 iY��T1 °^ = x u T . sT• p iy a 1d F—zw0� i,,rr�!:� i.l 1 is Qtt�ii I d ly � 1 J �s 4 • °�.�°7 2 I x '•' � w �.`<+< �� 1tJ1 eke a{a#( all td; ffp s °Qlv4lT°p F ei Z i O Z`�p+J u I "1J 5 s ->m"'1 i Qn 'tl �+• ° i i1 °��T�eTq t % Tp S �y dEi� 4 0 Q Z z i'n�' a I z � °eiJ ` illlii�iTFl !�J#11 t !►iy�Qgald a e °ilte ! 0 eRs {{iy1��;� J O a u n o cai >z { a itA!! 21o0F4d:� e i ." cd9 3 % Q .e. �� TItJQO s✓t p z ��`o` 4'x� Z -¢a w o ¢ Q mo HW<8 o<�¢ SLadU� a rn Y y N b N 10 ..I.. w.7 IL ai< Oa0 0 Q CO u o"' Z ¢ p n`'' I n o o z O =O N , > S 00'11'20" E — 727.78 h 435.00' 20' DRAINAGE J[UTILITY EASEMENT'— 292.78_ \ m J 1 100'�— — — — — — — — — — — — — — — 7 m~ a 1 oi.. a �) �o go Z 3 LL 9 Wy SNVO Iw a S a o J IV1 ` V1 � LL } W I W W ~ F1 Q N U I~ V 9 oa Jp a d s 3W NOSWU O O M n � v -d n i 00 I cw.1 I w I W Ia 0 o . n . o � n o rn p N <x 01 I Z IN � 1<�,. CID I 00 I Z I I� N �mq�i d O 3a n oz° 8 a i a �z z zoz > r 3 Leo O • �,^.. ozm 30' BLDG. LINE i "'a tp 435.00 — — — — 292.81 1 PEARSON LANE S 00*17'49" E an of sw 1—u Ts - m an a.cuu an U"tS N 00'17 49" W — 727.81 > W ) V^ 2♦ G IU Kn uonW ixm I rj 6 e id ti g 0 t yz� �€ �� Hal � WD 9AE ' s 9 Jan mompim 79 u i;li7tyl 6�= BcLZL 3 .OZ.ICAO S - OIMII OAC _ �Y01 tJ[ 18L'Z6Z I rlF 1 1 g vj s $ met 1 ^ -2 o j I i i ICI �Iv� ./ � i i f�.n► W ^ 1 I 2 �I 'rt`ggel 1 Cn USE E F 1 � 1 Q I 1 E 8 1 ---- -- ---� I I 1 1 ' 77— - l ' ZL M ,nIlLloov .......... J 7�-C t City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY -ase No: ZA 97-121 Review No: Q= Date of Review: /9 12/97 Project Name: Concept Plan for SUP(Child Care)Lot 1 Block t Saint Martin in the Fields Episcopal Church Addition being 5.704 acres out of the Samuel Freemen Survey.Abstract No 525 APPLICANT: ARCHITECT: Saint Martin in the Field Episcopal- Church GSBBatenhorst Architects P.O. Box 524 7291 Glenview Drive Feller, Texas 76244-0524 North Richland Hills. Texas 76180 Phone: 817)431-2396 - Phone: (812) 589-1722 Fax: (81 431-5407 Fax: (817)595-2916 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/25/97 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. * This plan substantially conforms to the approved Concept Plan of the church development and is subject to the conditions of approval of the Concept Plan Case No. ZA92-26. The purpose of this plan is to consider a Specific Use Permit for a child care program within the church facilities. * Denotes Informational Comment cc: GSBBatenhorst Architects Saint Martin in the Field Episcopal Church LAWP-FILES\REV\97\97121CP1.WPD / / rn T o I �P aQ 111�! a e uW wo Soo lam• s D ]MM.M. s CA N�N _ v AUMaa,our\ ,SCLU 3 .0Z,11100 S • � � , '/•LL"silt•'SIt='i«LT'S6L^JHCS'Yil'SSLL'1•�•'«tt'S Yl:•stWTYW«L Y•LY•••••••T•••••••�"Y"sit JYl'Y'St•9Ci5 Y«•••••••Y7••�••��'C:9K'�'Y'li«"«iYt"Yi'• :"� f aiirrmcver•"=tr• ` .,'.� A �jk ————_ Ii_———�,��'Iry1r• — —— —— •; iNt3iy 11 1 ti .1-X 1 dl IS .0-0 di ,n ! ' I I w jLj ojl i i I°O I � v tl l 1 I z I ' tai co M co I I 1 I o i r f;. ---- -- ---NI I ON=wm nav&I Vw Do rwrnm — — —; — -- -- -- — — --. L —---------- — —9900— -- a A Al NJW� M «6 , 1L00� RESOLUTION NO97-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A CHILD DAY CARE CENTER ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT, 1,. BLOCK I., ±ST. MARTIN-IN-THE- FIELDS ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A," AND AS DEPICTED IN THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS,a Specific Use Permit for a child day,care center has been requested by a person or corporation having a proprietary interest in the property zoned as "CS"Co " - District; and, WHEREAS, in accordance with the requirements of Section 45� of the City's Comprehensive Zoning Ordinance,the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested i and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for a child day care center on the property legally described as Lot 1,Block I,St.Martin-in-the-Fields Addition,;more fully and completely described in Exhibit"A", and incorporated herein as Exhibit "B," subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. 5. L:\WP-FILES\RES-ORD\97-63CHL.WPD n 7 `J Resolution No.97-63 Page 2 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1997. CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas L:\WP-FILES\RES-ORD\97-63CHL.WPD Resolution No.97-63 Page 3 EXHIBIT "A" The St. Martin-in-the-Fields Episcopal Church is approximately 7.044 acres, located at 223 S. Pearson Lane on Lot 1, Block 1, St. Martin-In-The-Fields Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1346, Plat Records, Tarrant County, Texas. b L:\WP-FILES\RES-ORD\97-63CHL.WPD Resolution No.97-63 Page 4 EXHIBIT "B" (owe '—' I IYZZ ! Qt ;' i' role as i 71r11colal �{3 s ,erczc 3 .az,11100 s 1 L 1 ' rX�nIX ra 1 I . 1 1 p 1 1 1 cn I R `.fit• = I €Y n 1 1 W 1 1 N 14 co c I . �p(app 1 ■ DR 1 1+ g N 1 I Q O g I 1 1 � O 1.11r1 i I q�GdGdGdY '' ---- -- --- 1 1 ' 4 •� 1 GwIllwaamm antf am - 1 t L:\WP-FILES\RES-0RD\97-63CI L.WPD t7 —1 City of Southlake, Texas STAFF REPORT October 3, 1997 CASE NO: ZA 97-122 PROJECT: Resolution No. 64 Specific Use Permit- Southlake Church of Christ- child care STAFF CONTACT: Dennis Killough, Planner II, 481-5581, Ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, Ext. 743 REQUESTED ACTION: Specific Use Permit for child care per Zoning Ordinance No. 480, Section 45.1 (2.c)on property legally described as being Lot 3R, J. G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2174, Plat Records, Tarrant County,Texas,and Lots 1 and 2,of the Brock Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-44,Page 40,Plat Records, Tarrant County, Texas, and a 0.015 acre tract of land out of the J. G. Allen Survey,Abstract No. 18, in the City of Southlake, Tarrant County, Texas. LOCATION: Southwest corner of the intersection of Brock Drive and West Southlake Boulevard(F.M. 1709). WNER/APPLICANT: Southlake Church of Christ CURRENT ZONING: "CS" Community Service District LAND USE CATEGORY: Public/Semi-Public and Low Density Residential CORRIDOR RECOMMENDATION: Residential NO. NOTICES SENT: Eleven(11) RESPONSES: Two (2) responses w ere received within the 200' notification area: • John and Sandra Perry, 105 Brock Dr., Southlake, opposed. Resident states concerns with increased traffic and parking problems, and "quality of peace and quiet." • Perry and Elvira Vargas, 209 Brock Dr., Southlake, undecided. "We do not object to the child care zoning permit. The problem is people parking on Brock Drive and also making turn abouts in and out of our driveway, and digging ruts in our driveway as they drop or pick up their children from the child care center." City of Southlake, Texas P&Z ACTION: September 18, 1997; Approved (7-0) subject to Concept Plan Review Summary No. 1, dated September 12, 1997. TAFF COMMENTS: This plan substantially conforms to the approved Site Plan for Phase 1 of the church development and is subject to the conditions of approval for the Concept Plan Case No. ZA97-33 and the Site Plan Case No. ZA97-61. The purpose of this plan is to consider a Specific Use Permit for the relocation and phasing of the location for the church child care program as noted on the plan. Attached is Concept Plan Review Summary No. 1, dated September 12, 1997. L:\WP-FELES\MIEMO\97CASES\97-122SU.WPD I i I i Q 77 I i E" i I SCHOOL I P( ESQ P Coi1 FAH SCHOOL ' I I EsiW , I QI , I WAW saioa �.� TRACT MAP �!L TR.2D 13.75 Ac 33 i 34 TR.2F2 H.C. FORESTER V .46 Ac 35 va AG S—P-2 w AG MILLER TR 2D 1 R, ' N MILLER H.WHITE H WHITE O ,��'M 155 � O 14.WHITE TR 2F1A (R 2F S�P�� 108 SF-1A SF_1 A 002 O SF-1 A gTATE OF SEWS SF-1 A TR.2A1 C HALLMARK 2.64 Ac 1A 1.0681 0 ,00 N 1/2 J J. PARRY- --a �iN W P,LL D�1 / SF-1 A 3 J G 1 $ A 2 w �t 0 x P.VARGAS n AG r 6 80 SF-1A cog]O ,- AG =� C a E_WIESMAN SF-1 A 3 E.WIESMAN A J 2 E.WIESMAN SF-1 A CD w E. KENNEMER u; AG SF-1 A AG J. HORTON 6B TR.5A2 ,n 2 13.482 Ac ADJACENT OWNER 6A AND ZONING SPN 415 WAYNE AND JUNE HANEY vilho 4 lwt--t � i i ; l 0 --- ja 1S 3JIIUHO �O HO�If1H0 I I If 6 N b'l LL H1f10S a � I I I I I I I 3 1 .�a�sR ✓1 R � � �� s �,v.,asiaP,.a• �_ �� iF�� 9k --�� p U its_ Z , ca O O r _ �a w Q.06 •� R w - till TZ cc pa It, ----------------- 1 E�� ' I y� ' - � � - l+-J„ivad� Ll M•..�LRJPi -_.� __ W !! 5 C 9t IJill w w M • ��ii iFid Lf tvxu VrVVU Q$ 'CAM MlUfM A lOK j •>>l0��` ORtttFAt tr70t lY•[7M Law'>p,I'3tYoft1 LLt M•� H•. f Anos ISRIHO jo Hoanmo 3xvii E'I s,>•••)�c NOulaaV Nouvona3 i C 44� 77 7 �G` a o- J ? F- Q pis s€� anI z n UN ,mr w�/ror �mcfr,rn.Via? •Icrraor ms wror o nay j .t�T i 6� \ Mao®rue ao a»m> aumnr.umao.or m> i ramx�r.uew.ur an �� swnwr Iwo awlo.urara+r e>fw..+.a•a o uaav -1------. ----- aowo-----— p 1� -.—.—.—.—.—.—.—.—.—.—.—. . . f4 9Awa noas .z u.>nnt rfo>wn.a CL J W LU LU \ �1�•`�• 11 , .L-.CM A•.OM FO i s i i 3 p E • '� j1{47 � li �gfia � 6� fit, - i ! .�• 1 �:b L--�:1__.--�;'�� J/� LU CL o. , • 1 A fr•.G•f fS t � • � t• ' � _• ,.. i og a i zi �9 kf, I •sir 71 r ,.- - ' _ __jn i I ' L6Gl S Z J11v cold LM1V4%M= Nall _ �IQ�I��IF�i 1� 1' �, 1 i !•� I 1 � ' �� grat ` is I1 5§ r lt ,,SAl1 K r , I. a � a Kg �o � � s � r LLJ Hit its , pill -- --- - -- - -- -.�� --- --- --- - pi:ll � W jam "".mom — ■. yl J1 > , e IL lit Ip �— ----------�-�—_--_�-------' � s..-qua------1------ --- — - -- ——- — — j11 1 a I !. j City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY ~ase No: ZA 97-122 Review No:Om Date of Review: 9/12/97 Project Name: Concept Plan for SUP (Child Care) Southlake Church of Christ,8,897 acres. Lot 3R, J.G.Allen No. 18 Addiitiion and Lot 1 & portion of Lot 2,Brock Addition.situated in the J. G.Allen Survey.Abstract No. 18 OWNER/APPLICANT: ARCHITECT: Southlake Chijmh of'C Ida Cone -Foxworth Architects 2501 W Southl Blvd, 6112 McCart Avenue. Suite 104 Southlake.Texas 75092 Ft. Worth.Texas PHONE: (8 79-5298 PHONE: (817)263-5260 F I71379-9249 FAX: (817)263-5361 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/25/97 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. * This plan substantially conforms to the approved Site Plan for Phase 1 of the church development and is subject to the conditions of approval of the Concept Plan Case No.ZA97-33 and the Site Plan Case No. ZA97-61. The purpose of this plan is to consider a Specific Use Permit for the relocation and phasing of the location for the church child care program as noted on the plan. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 9/22/97.If not received by that time,no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * Denotes Informational Comment cc Southlake Church of Christ Cone -Foxworth Architects • .s LAWP-F1LES\REV\97\997122CP 1.WPD �{w aa, awatwra w,o,t{aor,uor tar.'wvaNw s ar,w 'nvwaoa 'wu awvaw°°a•w q{t �� 1 . ~~ 1SIallO 10 HOan1 :) UV1H100S u S17311H3aV Hii 6) X6l .,•� uwiw ta►�u�s �3 t � ,. c: i ( � u i : • 3� jet �l�j t i�� %�� C �_� q!s"yy` � , • r ! i y9y � ° ►I ��? ...... a� gig �'+r � =s�'1 i- �±•� � t�e ,� a3� i r r � r r r • r f r a `:� .� r.wr.rw r.a.r ' .wrs.rw rrrw ' +wser,..w,r.w wr —.terr r..s ari.N.war w..•.�..wurNr .r.r..r:...r r. . —•---._._.—._._._._.1—'——'—•---._._._._.—.—._.—.—.—._..1.—._._._._.—.—•—--'---- LAM Nom a!. • .cam".!—..—acN.«.--•—••----..—..----••—•--••---1 a=� ° alp . ! lop tit l V 4 i yY �tti � O '4• ! ti3 ilt �� a • �i'�a R i l 1 ' FYit 99 i -J 4` ` E 'A i• —ter.. 9'N� ��, .i 1 -- 7�-9 RESOLUTION,NO.`97-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A CHILD DAY CARE CENTER ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 3R, J. G. ALLEN NO. 18 ADDITION; MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A,"AND AS DEPICTED IN THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS,a Specific Use Permit for a child daycare center has been requested by a person or corporation having a proprietary interest in the property zoned as "CS"Crimmumtyh;� District; and, WHEREAS, in accordance with the requirements of Section 45.I ,( c) of the City's Comprehensive Zoning Ordinance,the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for a child day care center on the property legally described as Lot 3R,J. G. Allen No.';18 Addition; more fully and completely described in Exhibit "A" and as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B," subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. 5. L:\WP-FILES\RES-ORD\97-64CHL.WPD Resolution No.97-64 Page 2 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF 31997. CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake,Texas L:\WP-FILES\RES-ORD\97-64CHL.WPD Resolution No.97-64 Page 3 EXHIBIT "A" The Southlake Church of Christ is located at 2501 W. Southlake Blvd. On Lot 3R of the J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County,Texas,according the plat recorded in Volume 388-44,page 40,plat records, Tarrant County, Texas, and a.015 acre tract of land out of the J.G. Allen survey,Abstract No. 18,in the City of Southlake,Tarrant County, Texas. L:\WP-FILES\RES-0RD\97-64CHL.WPD Resolution No.97-64 Page 4 EXHIBIT "B" ; err•.r -�� .� w f fi t till Nov— {; 0 • �._ . ...... . ........ — >a j Qb t +19 p �+ -.-- - r--------------------:-------------------- ..�::: _y i A 1}=i 1'1j Ji l if f � - Ij f m I f ! MKwC um PEW aaa. _ n ! CONE - FOXWORTH ARCHITECTS SOUTHLAKE CHURCH OF CHtIST -- _ a� na as aawr.a af. fowa.a aasu r aww..a.s,aaw aaua �wr ,"''.w•� L:\WP-FILES\RES-ORD\97-64CI L.WPD rr �13 ! City of Southlake, Texas STAFF REPORT October 3, 1997 CASE NO: ZA 97-111 PROJECT: First Reading/Ordinance No. 480-259 Rezoning/Thomas M. Hood SurvgL 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 i 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 ,8hady Oak, Southlake. "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 Bruton, 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!" City of Southlake, Texas • Timothy Raley, 440 West Highland St.,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). STAFF COMMENTS: Please note that a change of zoning to the "SF-IA" Single Family Residential District does not require a Concept Plan Review by Staff. LAWP-FILES\MEM0\97CASES\97-111 Z.WPD I 7", if I g �i I i � ! I � i I i ` �� sr GCP L I I EBAENTARY 1-7111 Ll I L w V51 E$ 1709/gmDy FIL E AS' L TRACT MAP 4-� F%E GO TE5?tE EAST i7l"�11 282A O ` n ABN �s T. HALEY >� TR 8G 1.5 AC ,. ,B . . � ,� �1� AG � , AG 6.25 ATR D 2B28 C ) _ / ,.. TR TR z 8D2 8D1 Occ n 1 M.ARNOLD T. RAL � EY m TR 8G1 .82 .92 o AC M. HALL SF-IA RE AG E-5 ACE AC in I IW ,. .. A HIGHLAND ST .. AG TR 8A4 .51 AC A.GRANT TR 8A5 TR BA .69 O .66 A in rm c O TR 8AE TR 1. A.GRANT G. DAVIDSON AG T TR 8A16 TR BA8 TR 8A NMI "' 4. AC AG 4.9 AC 1.39 O 1.22 a. 4.4 AC M �.50.4 AC; T. KASPER d A. RUSSEU AG 6 AG { E .`S G DAVIDSON Q B.GOODSEN �TR BA9 TR 81- .73 'O .71 f B. RUNYAN AG ; AG w us CISD CS ADDN N R-PU D LL j ��i�BJ CISD CARRo ? ADJACENT OWNERS AND ZONING SPIN 411 ROGER HtiTTON N 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 lA"'SINGLE,FANIILY 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, e _ 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 I L / I I 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; i 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, i 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, i 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 deetermined 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, (awl 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\480-259.WPD Page 2 i i 4 1 Being approximately 9.814 acres situated in the Thomas M.Hood Survey,Abstract Z 1 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-IX' 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 i described shall be subject to all the applicable regulations contained in said Zoning Ordinance and j 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. 1 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 or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted L:`,CTYDOCS\ORD\CASES\430-259.WPD Page 3 �� _ i i i until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance,as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1 st reading the day of , 1997. MAYOR i ATTEST: i CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR L:\CTYDOCS\ORD\CASES\480-259.WPD Page 4 ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L:\CTYDOCS\ORD\CASES\480-259.WPD Page 5 �j — EXHIBIT "A" STATE OF TEXAS COUNTY OF TARRANT WHEREAS,we J. Randall Keene and wife, Terri G. Keene, are all of the own"cnq 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 Record", Tarrant C.ourtty,.Texae'and being more particularly described as.folloW5: BEGINNING at a 1/2 inch iron rod found in the South limof Highland Street(County Road 3034), Said point being the northwest corner of a tract c6nveyc4.tb GlenHc,Davidson•as recorded in Volume 9261, Page 1888, Deed Records, Tarrant County, Texas%also 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 662.19 feet to a 1/2 inch iron rod found in the north line of Lot 1, Block 1. Carroll I.S.D. No. 1 Addition as recorded in Cabinet A. Slide 2555, Plat Records, Tarrant-County, Texas; THENCE:N 8'657'36"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 billy to conveyed Runyan a5 Y ly �y 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 Ru55ell 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 In 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 to a 1/2 inch iron rod found in the aforementioned south line of Highland Street(County Road 3034); . _ THENCE: 5 89°3948"E along said South line for a distance of 493.27 feed to the POINT OF BEGINNING and CONTAINING 9.81 acres of land, more or less, a5 surveyed by 5taven W. Hu#es, Registered Professional Land Surveyor, during the month of June 1997. ' L:\CT'YDOCS\ORD\CASES\480-259.WPD Page 6 City of Southlake,Texas MEMORANDUM October 2, 1997 TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: First Reading of the Sidewalk Ordinance As you know, the Parks and Recreation Board met jointly with City Council in January 1997. Under direction from the City Council, the Park Board began work on a Sidewalk Ordinance.. =The Park Board, city staff and the City Attorney approved and presented the first draft of the sidewalk ordinance to P&Z August 21, 1997. Several questions and clarifications were requested and it was tabled until the September 18, 1997 meeting. Ronnie Kendall met with two P&Z members who volunteered to assist her with revisions. The Parks and Recreation Board met on Monday, September 8 to approve several changes recommended by P&Z. P&Z approved the revised Sidewalk Ordinance with several additional changes. The main change P&Z made was removing the general requirements (Section 2.01) that gave the City Council and Planning and Zoning the option of requiring sidewalks in key areas (i.e. 1500 feet of schools and other park sites) where the other sections of the ordinance may not require sidewalks in these areas. The Park Board did not want to remove Section 2.01, but allow P&Z and City Council the flexibility of requiring sidewalks near schools and parks where the ordinance as .presented may not require a sidewalk. The other changes made by P&Z do not significantly change the intent of the ordinance as prepared by Park Board. Due to this unresolved issue, both P&Z and Park Board approved ordinance versions will be presented to City Council for first reading. Staff is requesting City Council provide their recommended wording so it may be incorporated into the ordinance for the second reading and public hearing of the sidewalk ordinance. Please add to the October 7 City Council agenda the first reading of the Sidewalk Ordinance. If you have any questions please contact me at 481-5581, extension 757. Attachment: Sidewalk Ordinances P&Z and Park Board versions -8B- 4 t ORDINANCE NO. 683 AN ORDINANCE ADOPTING A SIDEWALK POLICY FOR THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR THE DESIGN, CONSTRUCTION, AND MAINTENANCE OF SIDEWALKS IN THE CITY; PROVIDING FOR VARIANCES TO THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING -FOR A SEVERABILITY - CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING A SAVINGS CLAUSE; AND PROVIDIN -40--R 1 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 in order to require the construction of sidewalks under certain design and construction standards in order to promote the health, safety and welfare of the citizens of the City and the public in general. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. There is hereby adopted a Sidewalk Policy for the City of Southlake as provided in Exhibit "A" attached hereto and incorporated herein for all purposes. The Sidewalk Policy adopted herein shall have the force and effect of law. SECTION 2. This ordinance shall be cumulative of all provisions of ordinance 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. 8B-1 SECTION 3. 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 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 the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrases, clause, sentence, paragraph or section. SECTION 4. 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 Sidewalk Policy adopted herein shall be fined not more than Dollars ($?) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 683 or any other ordinances affecting which have accrued at the time of the effective date of this ordinance; "and, as to such accrued under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. 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 the passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. 8B-2 SECTION 7. This ordinance shall be in full force and effect from and after its passage,and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1997. MAYOR (awl ATTEST: - CITY SECRETARY APPROVED AS TO FORM AND LEGALITY CITY ATTORNEY 8B-3 City of Southlake Sidewalk Policy Exhibit "A"' RECOMMENDED BY PARKS AND RECREATION BOARD 9/8/97 Revisions by P&Z 9/18/97 8B-4 ARTICLE 1 GENERAL PROVISIONS Section 1.01 Puroose The purpose of this policy 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. Section 1.02 Definitions A. - 'eneral Rules: For the purpose of this ordinance,the followings.rules shall be . applied in constructing, interpreting, or otherwise defining the terms and provisions hereof: 1. Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural number shall include the singular number. 2. The word "shall" is mandatory and the word "may" is permissive. 3. The phrase "used for" shall include the phrases, .,"arras ed for" P P g , "designed for", "intended' for", and "occupied for", and shall apply exclusively to physical uses. B. Definitions:=—m-dFur-the purpose of this ordinance, certain words or terms applicable hereto are defined as hereinafter provided.. Words and terms used in this ordinance, but not defined in this .ordinance shall have the meanings ascribed thereto in the Zoning Ordinance, the Subdivision Ordinance, or other applicable ordinances of the City. Sidewalk: A sidewalk is defined as 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. Exhibit"A" Page 2 of 6 8B -� ARTICLE 2 REQUIREMENTS **P&Z recommend deletion of Section 2.01 in its entirety and renumbering. It is not strike out so City Council can read it because Park Board recommends that Section 2.01 remain as presented. Section-2 01 General Requirements A. Sidewalks shall be required and provided during new construction on both sides of the streets adjacent to or leading to schools and school sites, extending no less than 1,500 feet from such schools and sites. B. Sidewalks shall be constructed at any p1qce where sidewalks are needed for safe pedestrian traffic, as deemed necessary by the Planning and Zoning Commission or City Council, especially for pedestrians going to and from parks and schools. **Following are strikeouts and additions recommended by P&Z that do not significantly change the intent of the ordinance as presented by the Park Board. Section 2.02 Residential Requirements A. Sidewalks shall be required in all newly platted major subdivisions (few five houses or more) in front of each new house on the interior lots, and along each street adjacent to a new house constructed on a corner lot. B. The developer or builder of a major subdivision shall install sidewalks on the development side of all arterial and collector streets (as`-d° by the Master Thoroughfare Plan) within or adjoining a subdivision or village. C. Each owner/home builder with a major subdivision shall construct all sidewalks at the time of construction. In those circumstances where a sidewalk would impact the construction of driveways and access walks, the sidewalk shall be constructed before the final building inspection by the City. A Certificate of Occupancy will not be issued until any required sidewalks are in place. D. Any double multiple frontage lots shall have sidewalks placed on the two all frontages adjacent to the streets. Any triple f-Fentage lots shall have sidewalks plaeed on the 03fee fEe"es or- sides adjareent to the street.- Section 2.03 Non-residential Requirements A. Sidewalks shall to be constructed in front of and, in case of multiple frontage lots, on the street side of any non-residentially zoned property. Exhibit"A" Page 3 of 6 8B -lp B. The-develepef h » install sidewalks on the development •a of » , . sellPEtAr- st is (as a f ed by the Master- Thoroughfare Man) widiia -or- adjoining subdivision OFvillage-. Any multiple frontage lots shall have sidewalks placed on all the frontages adjacent to the streets. ARTICLE 3 SIDEWALK SPECIFICATIONS Section 3.01 Construction Specifications Sidewalk Locations: All sidewalks shall be at least four feet wide, or- eenfeEmmee with Mastef- TFai4 PUn, whic-hey ras gFeate•F, and constructed in the area between the curb or grade line of the public street and the ROW line, no closer than two (2)feet to the curb. 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.; however-, i ; M!-the sidewalk be eleser- than offleial. B. Concrete Requirements: Concrete for sidewalks shall .have a minimum (we 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 (5.0) sacks of cement per cubic yard of concrete is required. Sidewalks shall be at least four (4) inches thick. C. Reinforcement: Sidewalks shall be reinforced.with No. 6 gauge 6x6 steel mesh or 3/8 inch No. 3 bars set on 24-inch centers. D. 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 internals. Where new work abuts driveways, pavement, curbs or any other work, expansion joints shall be filled with. premolded bituminous expansion joint filler or redwood at least one-inch nominal thickness and shall extend six (6) inches deep and the entire width of the concrete sections. Sidewalk control joints shall be grooved three-eighths (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 3/8 inch No. 3 bars minimum. No deformed bars shall be allowed. Exhibit"A" Page 4 of 6 8B-7 E. 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. F. 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 hydrantand €-tep-feet--e€-c-}eaee-at- . A transition of 10 feet is required in and out of curved areas. G. 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 sh4Wxeplace 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. H. Drainage: All sidewalks shall be built at an elevation that will not impede or be otherwise detrimental to proper lot drainage. Section 3.02 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 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 course 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. Exhibit"A" Page 5 of 6 sB -g ARTICLE 4 (moo, MAINTENANCE Section 4.01 Maintenance of Sidewalks A. It shall be the duty and obligation of all owner;, 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 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 franchise utility shall be repaired by the franchise utility. Section 4.02 Inspection A. On an ammal basi The City &haB may perform from time to time an inspection of each sidewalk within the City. Any section of sidewalk that requires repairs or maintenance will be identified. A letter describing the necessary repairs will be sent to the adjacent property owner. B. The property owner shall hav - =days from receipt of letter in Subsection A 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, may be performed by the City or a City hired contractor. Cost for such repair shall be billed to the property owner. In the event that the property owner fails to reimburse the City, a lien may be placed on the subject property. Exhibit"A" Page 6 of 6 8B -� City of Southlake, Texas STAFF REPORT October 3, 1997 CASE NO: ZA 97-118 PROJECT: First 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. City of Southlake, Texas 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. LAW-FILESWEM0\97CASEM97-118ZC.WPD a i I i i 1 i City of Southlake, Texas 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 comer 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. RECD An G 2 71997 a—E)MARY 90M it Lj WA PAS ;C i { w F'7 it af ALIN CF1 1L III / It %LA It it "INC ST TRACT MAP ki 0E, 14 11A t 2A TR 3 W. HALL 13A 4.47 AC SURVE►' 1A 2A 3A 12A A-68i 1 B B M. STEP NSON TR-1` .409 AC 1 B 2B 3B - 36 -- --- - STATE OF TEXAS _ _ _ STATE OF TEXAS _ _ _ _ _ _ _ _ _ SOUTHI,AKE $LV TR 5E1 TR 5D4 TR 5DlA TR 5D2A d S 2Yi z 181 cc .055 O cc - - a J. RICHARDS J. RICHARDS J. RICHARDS PUD PUD N P PUD PUD PUD AG a c r _ O '1 JA3 z r �Q z O 99 JOINT VENTURE 5cc R 5D3 L 1.68 A l; g e ►- 2.y3c PUD CARROLL ISD � J 0 ,c TIMARRO LAND CORP. PUD v RSDI PUD PUD CARROLL ISD3 R TIMARRON LAND CORP. ADJACENT OWNERS 1 2A5 AND ZONING 35 AC SPNT #10 AL MORIN 3NV'lHIMS j0 A117 illd i7NIJ .. 1� a rr e i! ! aliit ,P{ ' W F�e` t '7�� '�° °! °ri f� < 'J - i 1� S•Yt fill, i.r l q� — S i IL i ey ! plil�a tid( Po � O V °• <" c, a �s cn °lit Ifit z ai tt i d.:l �I q 9�ri��91 ;if x � X s xx y • ! t oit �i,a➢�� 1pl;i�g!n� t ii a i 3p �� t p,` a=�� 1.,��]• 6�r 6�i�fia-� Ir t i E �1r►1 �y ii••ail ! �.x 5 �'rYB9 q 1 S., !¢, y,.!,q'` a, ';! ly ! �wr r •da'°1 y�!!�i' S tr ,F p!i Y 1,19r �,Fq'��±y !!•�i� Z 'r`4 i �■a-9i '1��v!9 Rfi r °s1F r i�i�6z1 3� r r1i� ryay■, tii'�•q!.!� qa�,�f �� r �':Fe ■ ¢¢■ F 1'a F e ! F F i li dr!!„dd j �!t + 111`!�i �bf.•i<�� .1'•�.�§�� !•� °� +ig_! !E i i s °iq ei 11pg�! !O � x iiq�a �i�r� • j 1I, , !1��r ! , u 1y y ,!pp .. ■,, + r1'9 9 + g11 t4!!11'!§ ! •!i ,I.F 1 It•!a.!ib !l��fl,i;! 6' q!!qg•! e x •y ip t',fi! iq �1t,.; ,i! i �6; 11 3lijii'I lags 81 Ili fig e• < 1� e gfiq�ijsr�iaq�•f�`:�fs Y �p• .1''1 ' +7 qI! �!'�■�i1�� r il Mil Tc.a�1 !1 �i! q 1! i!a -!!'i!ml!!` �i �,it 1 '� !�!! : i,ll,11e11111i Ili:1 1-96fylF' p�•p, �� :A y,il i11IM9111 im,11111tt� iir 11i 1!§t3�r�9yF1401li 11; 6gr .� •Ge8 ; Ze f ' < Ll ii lit �+I Y" I •` O -- 1•—^•�.i�f ��a+I,° I �I: �. p 9�is 4iy r� !� „q�X�^i—j R ` 1 �F ��) r � 11 i . 4 q � olY I Si;j_ �v ..�ut.r000•O.n[ — f.•''i�• _ ��- � I.�p• el I i �S _ _3 t City of Southlake, Texas CONCEPT PLAN REVIEW SUMMARY Case 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 Complex APPLICANT: ENGINEER: City of Southlake Cheatham&Associates 667 N. Carroll Avenue 1601 E. Lamar Boulevard. Suite 200 Southlake. Texas 76092 Arlington. Texas 76011 Phone: (817)481-5581 Phone:(817) 548-0696 Fax: (817)488-6796 Fax: (817)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 10'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 applicants 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 LAWP-FILES\REV\97\97118CP2.WPD r y SG -7 gi iLl Byefif a rig xj. 11 1's, � � � 9�� as+far � � -,hia p�r p,p �p�p g_ �q�q>: 5CQ r yg� �OWN.OI9A5ii� r.o 3a i i B 3 i:8 3 Y$s 3 _ ", MOM1r1..1 ar.DYTN W n+ Cl� ��....a.� O ' � • • • ; � Nan s • •• F • ' •' • 1 O 00 ~� • • • 1 _ �� « f • I I � / dr s S00'O5'28% 291.11' --T.nu• 8UR[R A11D NOT NEOIMRO / / ; N 3 , H 1 $m 031Y31030 AWM !O 1HOW _L` L t WOW 3anln-4 3� —� 4��J � nwl.rsf..alwt t Iwwls.l usq.wx.�.wi RECD SEP 2 21997 2 1997 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 WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY _°14.772 ACRES SITUATED;.. IN THE OBEDIAH W:KNIGHT°SURVEY,ABSTRACT NO.i899., AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R-P.U.D." RESIDENTIAL PLANNED UNIT T. 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; 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.UD. 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\480-260.WPD Page l L- WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land,avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, If 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\CASESI,480-260.WPD Page 2 and amended as shown and described below: Being approximately 14.772 acres situated in the Obediah W. Knight 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 armed. 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.WPD �, ) 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 , 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day-of , 1997. MAYOR L:\CTYDOCS\ORD\CASES\480-260.WPD Page 4 ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY �L L:\CTYDOCS\ORD\CASES\480-260.WPD Page 5 EXHIBIT "A" TRACT DESCRIPTION BEING A 14.772 ACRE TRACT OF LAND SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899. IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS' AND BEING A PORTION OF THAT CERTAIN 10.4043 ACRE TRACT OF LAND DESCRIBED IN DEED TO TIMARRON AND CORP. (FORMERLY BEAR CREEK COMMUNITIES, INC.) AS RECORDED IN VOLUME 9823, PAGE 1078 ALSO BEING A PORTION OF THAT CERTAIN 35.909 ACRE TRACT OF AND DESCRIBED IN DEED TO TIMARRON LAND CORP. (FORMERLY BEAR CREEK COMMUNITIES, INC.) AS RECORDED IN VOLUME 9827, PAGE 917 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" CAPPED "CARTER & BURGESS" FOUND FOR CORNER, BEING AT THE INTERSECTION OF THE WEST LINE OF SAID 10.4043 ACRE TRACT WITH THE SOUTH RIGHT-OF- WAY LINE OF SOUTHLAKE BOULEVARD; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5824.58 FEET, A DELTA ANGLE OF 00535 34 , A LONG CHORD THAT BEARS S84548 59 E A DISTANCE OF 60.26 FEET, AN ARC DISTANC OF 60.26 FEET TO A POINT FOR CORNER; THENCE S00505'28"E, A DISTANCE OF 291.11 FEET TO A POINT FOR CORNER; THE : N89545'29"E, A DISTANCE OF 1,002.63 FEET TO A POINT FOR CORNER; TH S00510'06"W, A DISTANCE OF 94.44 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 955.00 FEET, A DELTA ANGLE OF 40552'17", A LONG CHORD THAT BEARS S2053533"W A DISTANCE OF 666.89 FEET, AN ARC DISTANCE OF 681.24 FEET TO A POINT FOR CORNER; THENCE N47528'21"W, A DISTANCE OF 33.79 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 275.00 FEET, A DELTA ANGLE OF 41558'03", A LONG CHORD THAT BEARS N68527'19"W, A DISTANCE OF 196.96 FEET, AN ARC DISTANCE OF 201.43 FEET TO A POINT FOR CORNER; r _ THENCE N89526'21"W, A DISTANCE OF 197.98 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 375.00 FEET, A DELTA ANGLE OF 38537'33", A LONG CHORD THAT BEARS N70507'34"W, A DISTANCE OF 248.05 FEET, AN ARC DISTANCE OF 252.81 FEET TO A POINT FOR CORNER; THENCE S39511'13"W, A DISTANCE OF 52.69 FEET TO A POINT FOR CORNER; THENCE N89544'47"W, A DISTANCE OF 153.24 FEET TO A POINT FOR CORNER; THENCE N00505'28"W, A DISTANCE OF 869.76 FEET TO THE POINT OF BEGINNING, AND CONTAINING 14.772 ACRES OF LAND, MORE OR LESS. (w L:\CTYDOCS\OP D\CASES\430-260.W PD Page 6C EXHIBIT"B" pia go,go ■' !!:gipp -14 isY e! �3°�a=Q )�l°j i 9 itt=j i■*1 ie!;t!i }i a 2 H Y �t �S 9a96■�!53!S3{�f'g!!Sai!�",!6s Sg:�ii � a �s �ir6.,i.■.+ . :t 3:::3i: :a -- ----- g �I I 8.3 i ar w II U • • • 1 s I r 00 I� so • I �I � �1 If ' :I• s • �C/.r 1I �i� 4 1 • r ` ••� �• \yi _ g 717t4 socoa•:f'[ m.�r L-...,�...••ax�■urtu..fo.o�rto.Z.�� / �p� s � I y 031M 030 A11Mnj !O 1HOItl go _ 4 e��J n I L:\CTYDOCS\OP D\CASES\480-260.WPD - Page 7 ] _ f c C City of Southlake, Texas STAFF REPORT October'), 1997 CASE NO: ZA 97-123 PROJECT: Preliminary Plat/Stonebridge Park STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787 REQUESTED ACTION: Preliminary Plat for Stonebridge Park on property legally described as being approximately 13.583 acres situated in the J. G. Allen Survey,Abstract No. 18, and being Tract 2D. This plat proposes six (6) lots. LOCATION: North side of West Southlake Boulevard(F.M. 1709) approximately 600' west of the intersection of Randol Mill Avenue and West Southlake Boulevard (F.M. 1709). OWNER/APPLICANT: Stonebridge Monticello Partners, Ltd. CURRENT ZONING: "S-P-2"Generalized Site Plan District with"0-1"Office District uses in the northern portion of the site and"C-2"Local Retail Commercial District uses along F.M. 1709. LAND USE CATEGORY: Mixed Use and 100 Year Flood Plain CORRIDOR RECOMMENDATION: Retail Commercial NO.NOTICES SENT: Thirteen(13) RESPONSES: None P&Z ACTION: September 18, 1997; Approved (7-0) subject to Plat Review Summary No. 1,dated September 12, 1997, amending Item#11 (lot lines to be perpendicular or radial to the street right-of-way)allowing the lot line between Lots 1 & 6 as shown. STAFF COMMENTS: The applicant has met all items in Plat Review Summary No. 1,dated September 12, 1997,with the exception of those items in the attached Plat Review Summary No. 2, dated October 3, 1997. L:\WP-FILES\MEMO\97CASES\97-123PP.WPD SV 1 � =JI I C� i� O I i i i- G�J'I� "ti-+WICT'--' -� \�'►_?^-s-� J `LI I I r i1 , I � iST CfflY YF HY 90 am l IF SCHOM i j P �S�P CN LOLL I I HM I .I ` I S I I I cow 1 19 DL I � SPi FIURM CHUM i CT CN�ig1. TAW y � TRACT MAP - LAIMER S D--2 IF . . IF P -. 5 5 i 8 t ' C N ` s12 —� A c TI SF-1A SF-1A R.GARNER R.GARNER O.COLLINS J. BEDGOOD C a SF-1 A G� 7 D. BROWN 0 L- i SF-1A N LE N AL G R.MILLER ADD J 1g 110 AG TR. C3 I Ac 40 1 U. MARTIN yASV TR 2A4 7R AC TR.2F2 1. .46 Ac P►GI 5 � �� o'-4 2r � a 2DI R N1111E .* s6 �\ TR.2FI yid• t� r TR 2.03 O nn 01 r 2A3 TR.2CI5 O 1.78 Ac ,55 y.As AG ° O TR 2FIA ZR S�p(� n^ r SF—IA L. r L.CONNER 5RI METZER DIARIES r C. HALLMARK r TR A JACENT OWNERS r r J. HETTINGER AND ZONING ' I #15 WANK AND JUNE HANEY CS �► A� Yr.A \ _..._..r_..:�.S10.3111H0�1�/ 'PM8 a4LjginoS.. NJEd a2PPG auolS d i e u __ _ � _ �._ 1`f S .t I •ly n �.1:i';C• �u W�4� x�r O 6.l p4.�N 45 1 1} T o w ,Iwt F�gm- a.u1.V•; �n f I I '� � �,If}�' 1 � /1�--1 I o ?J f LI g'�W _-ey /� t\ `1 `\l/ °o� a.,o�� ,j•,`/ �1. �i - Q. h`x .• 'a^ \ \'` J\ \tom �✓ I c`"`y f•,s''` ,O"ji, .t•'9 i J I 1. \. Y\ v.• `er >wo � a�r-. +8 a •;^ / ` { 6. F�L G :p 4", :i�' .K. "✓' % it �.- J W \ City of Southlake,Texas PRELIMINARY PLAT REVIEW SUMMARY ase No: ZA 97-123 Review No: Two Date of Review: 10/03/97 Project Name: Preliminary Plat Stone Bridge Park, 13,583 Acres in the J G Allen Survey Abst # 18 APPLICANT: SURVEYOR: RegIV Capital,ColM. ,$FMPCO Inc 210 Park Boulevard_ Suite 100 3208 S. Main St. GmW,)ine- Texas 76051 Fort Worth_ Texas 76110-4278 Phone : ($17)488-4200 Phone: (817)926-7876 Fax • (817)488-5257 Attn: Richard Myers Fax • (812) 926-7878 Atta: David White CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON M2197 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. Provide the current owner's deed reference in the legal description preamble. 2. The legal description has the following discrepancies: a. The call on the second north line does not match the graphic. b. The last call does not match the graphic. 3. The following changes are needed with regard to adjacent properties within 200'to include owners across any adjacent R.O.W.: a. Show and label all existing easements within Parker's addition. 4. The following changes are needed regarding easements: a. Confirm with public works that a D.E. is not needed along the east side of Lot 1,Block 1. b. Show and label a proposed 15'U.E. along F.M. 1709 to contain the proposed sanitary sewer. C. Provide any common access easements that may be required on shared drives per the concept plan. 5. Revise the lot lines to be perpendicular or radial to the street right-of-way. 6. Show approximate flood plain and floodway limits. P&Z Action: September 18, 1997;Approved (7-0) subject to Plat Review Summary No. 1, dated September 12, 1997, amending Item#11 (lot lines to be perpendicular or radial to the street right-of-way) allowing the 'ot line between Lots 1 & 6 as shown. (Lot numbers have changed-Lots 1:6 is now 5:6) cc: Realty Capital Corp.; SEMPCO,Inc.; Goodwin&Marshall Fax: (817)446-3116 AM;Eddie Eckhart L:1WP-FILES\REV197197123PP2.WPD ` 3 mcn n. $ t w 'a • ca 1a 54 o < � z � ` b e, \4 TIP —aar' t A 9a 3� i �'•�j�� jig RIC °jis Pli E—"' P F e t Se �o e L1 = IL G1 CQ C ........ .... W Y C� r• �� f f ^_� i of e � 5 0 p Q a�ZS� Egg CQ 0. IIfi11�� W cn 1• r , 1 Z J err 1 •t F` � 1• R t - iIrs 1 �.SL:o yw mw '- - -K City of Southlake, Texas STAFF REPORT October 3, 1997 CASE NO: ZA 97-124 PROJECT: Revised Preliminary Plat/Timarron Addition - Village `H'- Phase I STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787 REQUESTED ACTION: Revised Preliminary Plat for Timarron Addition-Village `H' -Phase I on property legally described as approximately 24.930 acres and being Tracts 1, 1D1, 1D1C, 2C5, and 2G, situated in the Barnett & Hollingsworth Survey,Abstract No. 797; Tract 1 B2, and portions of Tracts 1 B, 1 B 1, 1 D, and 1 D 1, situated in the John Gibson Survey, Abstract No. 591; and being Lots 2 and 3 of Plum Creek Manor, an addition to the City of Southlake, Tarrant County,Texas, according to the plat recorded in Volume 388-161, Page 17, Plat Records, Tarrant County, Texas. This plat proposes forty-one (41)residential lots and three (3) common greens. LOCATION: South side of East Continental Boulevard at the intersection of Old Carroll Road and East Continental Boulevard. OWNER/APPLICANT: Westerra- Timarron, L.P. CURRENT ZONING: "R-PUD" Residential Planned Unit Development District LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Thirteen (13) RESPONSES: None P&Z ACTION: September 18, 1997; Approved (6-0-1) subject to Plat Review Summary No. 1, dated September 18, 1997. STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated September 18, 1997. L:\WP-FILES\MEMO\97CASES\97-124PP.WPD ZJ�� I r■ �,� �i� ��p��►�111� ERR%L��1 .�■■■■� 11111110 ill ;oop Ill Irpriz oni i \ 2\� ,0 7 z ,6 2.0227 O ,L2866 SCR 603 S >� A � qq dd19 I TR 6C 1.0 AC TR 68 J ' •04 _222 21 20 I TR ,A4 A 16.086 O T.161 AC TR 6F1 , I 2.81 O I - TR 681 —�.15 AC PUD I TR 68 5.085 AC 1 2 PUD PUD .3 ,C 4 SF 23 � M H ' 5 AG 23 , 24 2 TR _ R I I' 12 ; 3 - I {,' 182 � I 23 I 117 21 22 1j AC 11 �� II 4 f� 17.7.0 II L No , I� 22 i ' I i '" 5 AC IB 1;060� 20 3 2.862 O COMMCREEN�8 ' I 7 PUD r 21 ; 19 9 18 19 ,i a 20 15 16 17 I TR21 14 � 1.219 \ N im ° . PUD 9.06 2+ , R 2C5 , \ .27 . 135, ) 41 � � TR 1D1 ; 1.0 9 1/ N J. 50R591 _ \ TR 2C , , \2.56 AC + (�! 1 = CpUgs PUD J� WoT OLF Noy ��5,. R G D1 i 1 � R�9 'rmA 12 ^ I .25 O A jY► � LJ 1 D 1 O I .034 I I PUD m ADJACENT OWNERS k AND ZONING SPIN #9 LAURA MIKLOSKO PUD TR 2E c' \ I 1.299TR VIB ADJACENT LAND OWNERS FOR ZA97-124 05-Sep-97 # Owner Name 01 TIMARRON LAND CORP, 02 TIMARRON LAND CORP, 03 WRIGHT, JOE L 04 DICKERSON, HENRY 05 BEAR CREEK COMMUNITIES INC, 06 DFD COMPANY, TEXAS TRUST 07 TIMARRON LAND CORP, 08 TIMARRON LAND CORP, 09 BEAR CREEK COMMUNITIES INC, 10 BEAR CREEK COMMUNITIES INC, 11 TIMARRON LAND CORP, 12 TIMARRON LAND CORP, 13 TIMARRON LAND CORP, 14 SMITH, AUBREY L 15 CONNER, ROBERT G ETAL 16 TIMARRON LAND CORP, 17 SMITH, AUBREY L 18 DUVALL, LINDA L PRESLEY 19 SMITH, AUBREY L 20 TIMARRON LAND CORP, 21 SMITH, AUBERY L ETUX ROSA LEE 22 TURNER, KEITH 23 JENNINGS, BILLY R ETUX VERA L U :IS ftf7177i7rtifrl l l i It �r r �I� :t:tttt:•at:s:tilii � � �� $ fx � � �= d RI t i �f ••--- .. ...... Ili . c �• �� $� �� ! �¢ � '� �" � �� 3 O Istfiississst:tlllt $'�'S E� g��9yEy�"yyYyq -E '� Vg 7tttiiliittii31i�fl A a oobxyWY a 3 q .�E8•yar SE4ii 3Y ;� p s y rrrrerrrrereee � f 11i1t st -------- ------ ------ -- ------- ---------- 113p� I� - f.. ♦ i I / ♦ • 'a• —__� tee_ I i • •7 __- -- _ I ^ Bi • ,' R Y • ♦ 1 a a 1 ' ' 1 Ifl JV .. • .M f� 4 1 i 1 • I 1 I'.--- I - fs! � � 't . : r• - s to t!rr8 � fit� •r a ; � '--i -4t 1 + x tj pt FFfli o ; • `--- -""- fill FFFFFFFi FFFFF9 F •tl ,• � � • Alllllf f�itlil:fiiipifi. i 1 .fi...••.frf•�1 .f! � ♦ ic!i tic Icii il!S�'i 1' rl ,i E►..rEEEE,ErEE,E►� ��i i '----- ' ,• .If.l'f Ilfllfll1f1111149►rl�ifr� i ;_ " •j 1 t r 1 . R E C. F F F F F F F 01 F [` w aIf>rls r — . �u IS f! ��f 7i iSSiS�i�S,IS S ! -" .. �� v R c iRE u �= 1- �iytift`l9d:ft4lSFSflfilflti i gpEE�EEEEEEEEEEEEEE;E City of Southlake, Texas PRELIMINARY PLAT REVIEW SUMMARY Iroo"ase No: ZA 97-124 Revised Review No: One Date of Review: 9/18/97 Project Name: Revised Preliminary Plat-Timarron Addition,Village "H".being 24.93 Ac., out of the Hollingsworth & Barnett Survey Abst #797 &John N. Gibson Surygy Absf #591 OWNER/APPLICANT: SURVEYOR: Westerra-Timarron L.P. Carter & Burgess. Inc. 7905 W. Virginia Parkway 7950 Ehnbrook Drive, Suite 250 h1 =, Texas 75070 Dallas_ Texas 775247 Phone : (972) 529-5988 Phone: (214) 638-0145 Fax 972) 529-5540 Attn.: Steve Yetts Fax: (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/2M 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. The northwest portion of the project tract appears to contain Lots 2&3 of Plum Creek Manor. This must be vacated prior to final plat approval or submitted as a plat revision at that time. 2. The following changes are needed with regard to the metes and bounds description. a. Correct the typo at the end of the first line. b. The bearing of the first call does not match the graphic. C. The fifth call references the"west"line of Lot 1 and it would appear to be the"east"line. 3. Change note 2 to read as follows: "Development regulations for this development are based on the following product types:Lots 4-18,Block 1 -Product Type A;Lots 2-23,Block 2 and Lots 1-5,Block 44-Product Type C". 4. The following changes are needed to the lots based on the development regulations: a. Lots 4, 5, 9 and 12, Block 1 do not appear to meet the minimum lot square footage requirement of 15,000 sf for the Product Type'A!Regulations. b. For Product Type `A' lots, there can be no more than 50% with front building lines less than 35 feet. This phase shows 8 of 15 (53%) less than 35'. This is not a problem as long as the future phases of continuation of this product result in a satisfactory ratio. C. Lot 4, Block 1 does not appear to meet the required 150' lot depth. d. Although the building lines in Product Type `C' areas appear to be adequate, there are several that are not labeled. City of Southlake,Texas 5. Show all adjacent platted properties with easements. Place the City case number"ZA 97-124" in the lower right hand corner of the plat. 7. The following changes are needed with regard to easements: a. Provide a drainage easement off the end of cul-de-sac street `R'or the storm drain pipe. b. Provide a drainage easement for the creek along the west property line. C. An off-site drainage easement may be required in Block 1, Lot 3 to accommodate the storm drain outfall from street W. d. Label the public access easement north of Lot 1,Block 44. 8. The following changes are needed with regard to street geometry and rights-of-way: a. Please confirm that Byron Nelson Parkway does not have compound curves and that required tangents are provided. b. Dimension the property comers to the centerline of Continental Blvd. 9. The following need to be provided with regard to the graphic: a. Confirm that block 44 is not a duplicate block number from previous phases. b. Show approximate floodway limits, if applicable. C. Show and label the general outline of area embraced by tree cover 10. Divide village`H' in the quantitative land use schedule into phase I and any future phasing intended. 11. Label the land use according to the City approved Land Use Map. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 9/22/97 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: Timarron Land Corporation Carter&Burgess,Inc. LAW P-FILEMEW7U7124PP l.W PD _ q � • � • • � is + Z N T RIM 1 :4- •.•..*,r-„�..��-.t.w..�._...._.._._• -. '�`�•�l-i3"".. ....�,aaya a+�tiw�l•�.i wwwi.'w..�if�r��•�.•. '�.:^. ... -G•^.: AN rAw M�.i•in�w�'•irYY1 .^•N' F.... -.... .... .11Y1M_W1wr •r. S•� al alr .+.. : , y. ie � s � i 333.1 l� sa(�blls•tisli3sr}AIIIIII ! } 1i17laii(7liii7stl�� s t - � at(etltt�(easi(a(liita(�! / I � .rrr•f rr-erffterrilll---1 --------------- am -*; i ffi{ll:felt{itltf { : p1 rrererr fell rrrerr err t1 � '� tit((111111titt}} '� I iili�t�t�l�tllllj�t�l}}I}� }}}}!! � } }}[}} f} } 3i3.3 i 33I•S� S '� IEEE E H City of Southlake,Texas MEMORANDUM October 3, 1997 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell,Director of Public Safety SUBJECT: Ordinance No. 572-A, 11' reading, Amendment to the 1991 Edition of the Uniform Fire Code I have attached a copy of the proposed ordinance changes. Ordinance No. 572 of the 1991 Uniform Fire Code currently requires sprinklers in commercial buildings when the square footage exceeds 6,000 square feet on any single floor, or 12,000 square feet on all floors. 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. This may be a consideration when we adopt the 1997 Uniform Fire Code later this year. We recommend that this be placed on the City Council Agenda for the October 7, 1997 meeting. If you have questions, please feel free to contact Deputy Director Wilson or myself. M. BC/gw Attachments 8F-1 r City of Southlake,Texas MEMORANDUM October 3, 1997 To: Billy Campbell, Director, DPS From: Garland Wilson, Deputy Director, Fire Service Subject: Ordinance No. 572-A, 1' reading, Amendment to the 1991 Edition of the Uniform Fire Code Attached is the amendment modifying the current fire code. Amendments to Ordinance No. 572 are presented for review and approval. Few agencies have taken advantage of their opportunity to reduce the obligation of fire protection on the citizens. Through code enforcement and ordinances the city has the ability to limit the amount of risk associated with high protection cost in large buildings. City Councils have the ability to limit the resources required to protect citizens from economic loss. Most businesses in today's competitive environment cannot withstand the loss due to fire. When a fire occurs, the business and the community suffer economic loss. These proposed amendments will require Southlake to commit fewer resources of manpower and equipment to high challenge buildings in our city. Automatic fire extinguishing systems protect our community from high impact loses as a result of firi. Business owners and citizens reap financial rewards from these ordinances. Businesses save in project cost by a reduction in number of fire hydrants, water flow requirements, and travel distance to an exit. Savings up to 50 percent on commercial sprinkled buildings are offered from various companies on fire insurance. Citizens are rewarded economically by the reduction in the amount of funds committed to fire protection. Equipment and manpower required to protect a sprinkled building are substantially less than conventional responses to structures without built-in protection. The Council determines the amount of resources the City will provide for the citizens and establishes the level of acceptable risk. Additionally the Council sets the pace for future hiring of personnel, the amount of equipment purchases, and the degree of citizen participation through taxation. Approval of this amendment will allow this council the opportunity to reduce the risk involved with high protection cost for large structures and decrease the fire protection obligations on the citizens. GW/gV;(/ attachments: amendment No. 572-A 8F-2 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 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 of Southlake,is amended by deleting Subsections(d)and(e),amending the introductory sentence of Subsection (b),and adding Paragraph 5 to Subsection(b)with exception to read as follows: (b) All Occupancies except Group R,Division 3. 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. Ce 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 8F-3 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 51997. MAYOR ATTEST: CITY SECRETARY APPROVED ON SECOND READING THIS DAY OF 91997. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 8F-4 City of Southlake,Texas MEMORANDUM October 3, 1997 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell,Director of Public Safety SUBJECT: Ordinance No. 619-A, ls`reading, Amendment to the 1994 Edition of the Uniform Building Code I have attached a copy of the proposed ordinance changes. Ordinance No. 619 of the 1994 Uniform Building Code currently requires sprinklers in commercial buildings when the square footage exceeds 6,000 square feet on any single floor, or 12,000 square feet on all floors. 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. This may be a consideration when we adopt the 1997 Uniform Fire Code later this year. We recommend that this be placed on the City Council Agenda for the October 7, 1997 meeting. If you have questions, please feel free to contact Deputy Director Wilson or myself. BC/gw Attachments i 8G-1 City of Southlake,Texas MEMORANDUM October 3, 1997 To: Billy Campbell, Director, DPS From: Garland Wilson, Deputy Director, Fire Service Subject: Ordinance No. 619-A, 1' reading, Amendment to the 1994 Edition of the Uniform Building Code Attached is the amendment modifying the current building code. Amendments to Ordinance No. 619 are presented for review and approval. Few agencies have taken advantage of their opportunity to reduce the obligation of fire protection on the citizens. Through code enforcement and ordinances the city has the ability to limit the amount of risk associated with high protection cost in large buildings. City Councils have the ability to limit the resources required to protect citizens from economic loss. Most businesses in today's competitive environment cannot withstand the loss due to fire. When a fire occurs, the business and the community suffer economic loss. These proposed amendments will require Southlake to commit fewer resources of manpower and equipment to high challenge buildings in our city. Automatic fire extinguishing systems protect our community from high impact loses as a result of fire. Business owners and citizens reap financial rewards from these ordinances. Businesses save in project cost by a reduction in number of fire hydrants, water flow requirements, and travel distance to an exit. Savings up to 50 percent on commercial sprinkled buildings are offered from various companies on fire insurance. Citizens are rewarded economically by the reduction in the amount of funds committed to fire protection. Equipment and manpower required to protect a sprinkled building are substantially less than conventional responses to structures without built-in protection. The Council determines the amount of resources the City will provide for the citizens and establishes the level of acceptable risk. Additionally the Council sets the pace for future hiring of personnel, the amount of equipment purchases, and the degree of citizen participation through taxation. Approval of this amendment will allow this council the opportunity to reduce the risk involved with high protection cost for large structures and decrease the fire protection obligations on the citizens. GW/gw,� attachments: amendment No. 619-A SG-2 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 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 Paragraph(1)of EXHIBIT"B" of Ordinance No.619,the Building Code of the City of Southlake,is amended by amending the introductory sentence and adding Subsection 6 with y 4 exception to read as follows: Section 904.2.2 All Occupancies except Group R,Division 3. 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 8G-3 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 8G-4 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; REPEALING ORDINANCE NO. 370; 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 of the to adopt,local traffic•regulatons 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 vrpremises are found to be true and correct and are idcorporated into the body of this Ordinance as_`if copied in their entirety. Section 2. The section`of E. Highland between the 800 - 1100 Block of said street (between S.H. 114 and N Carrroil Ave.) shall,be hereby designated a two-way street. Section 3 The Duiector of Public Works shall be hereby directed to provide the proper markings and to elect the appropriate;signs and/or traffic control devices as adopted by the Texas :;. Manual on Traffic_Conttol...Devices _ gy 5 Section 4. The City:Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or is caption and penalty together with a notice setting out the time and place,for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 5. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1997. g171- ATTEST: MAYOR CITY SECRETARY PASSED AND APPROVED ON SECOND READING,ON THIS Y' DAY-"'OF , 1997. ATTEST: MAYOR CITY SECRETARY APPROVED AS TO FORM="AND LEGALITY: CITY ATTORNEY a Date: Adopted: Effective: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. ,Q AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS DESIGNATING ONE-WAY TRAFFIC BETWEEN THE 800 - 1100 BLOCK OF EAST HIGHLAND; PROVIDING FOR THE POSTING OF SIGNS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE OF NOT MORE THAN TWO HUNDRED DOLLARS ($200 . 00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A OFFENSE OCCURS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council is empowered under Articles 1011 and 1015, Vernon' s Annotated Texas Civil Statutes , ( "V.A. T.C. S . " ) to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health; and WHEREAS, pursuant to Article 1016 , V.A.T . C. S . , the City Council is given control and power over the streets and roads of the City including the power to regulate said streets and roads; and WHEREAS, the City Council is authorized under Sections 26 and 27 of Article 6701d, V.A.T.C. S . to adopt local traffic regulations with respect to streets and highways under its jurisdiction; and WHEREAS, the City Council hereby finds and determines that the designation of a one-way street between the 800 - 1100 block of East Highland is necessary for the promotion of the health, safety and welfare of the Town and its citizens . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1 . That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2 . It shall be unlawful to operate any vehicle between the 800 - 1100 block of East Highland (State Highway 114 to Carroll Avenue) , which is hereby designated a one-way street, in any direction other than that direction so designated . Section 3 . That one-way signs in conformity with the manual and specifications for uniform traffic control devices as adopted by the State Highway Commission shall be and hereby are directed to be erected by the Chief of Police, or his duly authorized agent, in accordance with State law at the location specified in this ordinance . Section 4 . That it shall be unlawful for any person to violate any provision of this Ordinance, and any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in an amount of not more than Two Hundred Dollars ($200 . 00) . Section 5 . If any section, paragraph, sentence, clause, phrase or word in this ordinance, or application hereof to any person or circumstance, is held invalid by any Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining sections and parts shall remain in full force and effect . - Section 6 . That this ordinance shall be effective from and after its date of passage according to law. PASSED AND APPROVED by the City Council of the City of Southlake, Texas on this e G day of (L( -{Lccv 198 �? Mayor, y o Southlake, TeXa ATTEST: * City Secretary, City of Southlake, Texas (SEAL] - 2 - 0 1 S B r / 9 APPROVED AS TO FORM: City Attorney, City of Southlake, Texas First Reading: J Second Reading: 3 - o � se • i10 i City of Southlake, Texas RESOLUTION NO. 97 - 66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, DESIGNATING A NOMINEE TO THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the terms of service for the five members of the Tarrant Appraisal District Board of Directors will expire on December 31, 1997; and WHEREAS, the Tarrant Appraisal District has calculated the number of votes for the City of Southlake based on the amount of the 1996 adjusted tax levy imposed by the City of Southlake to be twenty-five (25) votes; and WHEREAS, in order to be eligible to serve as directors, the nominees must meet the guidelines set out by the Tarrant Appraisal District; i i NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THAT: i Section 1. All of the above premises are true and correct and are hereby incorporated into the body of this resolution as if copied in its entirety. Section 2. The City Council allocates all twenty-five (25) of its votes to nominate the following to the Tarrant Appraisal District Board of Directors: Section 3. This resolution shall become effective from and after the date of its passage. PASSED AND APPROVED THIS THE DAY OF , 1997. ATTEST: MAYOR CITY SECRETARY l TARRANT APPRAISAL DISTRICT 2315 Gravel Road • Fort Worth, Texas 76118-6982 • 817 284-0024 John R. Marshall Executive Director CAiet Appraiser It _ 81997 September 4, 1997 - Mr. Curtis E. Hawk City Manager City of Southlake 667N. Carroll Ave. Southlake, Texas 76092 Dear Mr. Hawk: The terms of service for our five members of the Board of Directors will expire on December 31, 1997 and it is time to begin the process of conducting an election. Based on the amount of the 1996 adjusted tax levy imposed by each eligible taxing unit, we have calculated the number of votes for your entity. The enclosed list will provide you with AW that information. The next step in the procedure is the nomination of candidates. Each voting unit may nominate one candidate for each of the five positions to be filled. You are not required to make any nomination or you may nominate any number up to five. In order to be eligible to serve as directors, the nominees must have resided in the Tarrant Appraisal District for at least two years prior to January 1, 1998. They may serve on the governing body of a taxing unit in the Tarrant Appraisal District and still be eligible to serve as a Director. However, an employee of a taxing unit is prohibited from serving as a Director unless that employee is also an elected official of the governing body. A Director may not be related to a person who is in the business of appraising property for property tax purposes or represents property owners in proceedings in the appraisal district or who is employed by the appraisal district. A person is ineligible to serve as a director if he, or a business in which he has a substantial interest, enters into a contract with the appraisal district or enters into a contract with a taxing unit in the district, if that contract relates to the performance of an activity governed by Title I of the Texas Property Tax Code (for example, appraising property for tax purposes or determining eligibility for exemptions). A substantial interest exists where the person and spouse have a combined ownership of at least 10% of the voting stock or shares of a business, or either of them is a partner, limited partner or an officer. If you have questions concerning the qualifications of nominees for a Board position, please call the undersigned. Letter to Taxing Entities September 4, 1997 Page 2 SB841 passed by the legislature this year places the County Tax Assessor-Collector on the Board of Directors as a non-voting sixth member. The Assessor-Collector is a member by virtue of the office and does not have to be elected. The nominations for Directors, which must be made in an open meeting of your taxing unit, should be submitted by the presiding officer to the Chief Appraiser in the form of a resolution adopted by the governing body by October 15, 1997, giving the names and addresses of the nominees. The appointment calendar, after nominations, is as follows: By October 30, 1997 Ballots listing nominees delivered to Presiding Officer By November 15, 1997 Entity submits votes by resolution to Chief Appraiser By December 1, 1997 Five (5) nominees receiving largest cumulative vote totals are elected January 1, 1998 Board takes office for two year term The duties of the Board are outlined in Chapter 6, Texas Property Tax Code. If you have any questions, do not hesitate to call the undersigned. Sincerely, John R. Marshall Executive Director Chief Appraiser JRM:mm Encl. Board of Directors Tarrant Appraisal District 1996 - 1997 Gene Miers, Fort Worth, Chairman Joe Potthoff, Arlington, Secretary Tommy Vaughn, Arlington, Member Charles Rogers, Fort Worth, Member Mike Davis, Grapevine, Member TARRANT APPRAISAL DISTRICT CALCULATION OF TAXING ENTITY VOTES FOR BOARD OF DIRECTORS (Section 6.03 Property Tax Code) SepWnbw 2,1997 AXES TAXES OF IMPOSED TOTAL VOTES TAXING ENTITY SCHOOLS: Arlin ton ( $ 160,719,751 i 14.38148% 719 Azle 8,004,556 0.71626%1 36 Birdville 55,239,292 4.94291%i 247 Carrol 25,158,727 2.25125% 113 Castleberry 4,867,271 0.43553% 22 Crowley 22,903,285 2.04942% 102 Eagle Mountain/Saginaw 19,414,694 1.73726% 87 Everman 7,655,221 0.68500% 34 Fort Worth 172,053,954 15.39568% 770 Grapevine/Colleyville 73,489,186 6.57594% 329 Hurst/Euless/Bedford 77,582,520 6.94222% 347 Keller 28,797,405 2.57684% 129 Kennedale _ 5,587,203 0.49995% 25 Lake Worth 3,166,028 _0.28330% 14 Mansfield _ 2_9,914,847 2.67683% _ 134 White Settlement 7,452,351 0.66685% 33 TOTAL SCHOOLS $ 702,006,291 62.81671% 3,141 CITIES: Arlington 62,286,024 5.57346%1 279 Azle 1,437,350 0.12862%1 6 Bedford 6,925.265 0.61968%1 31 Benbrook _ _ 4,652,303 0.41630% _ 21 Blue Mound 225,426 0.02017% _ 1 Colleyville 4,883,477 0.43698% 22 Crowley 1,115,670 1 0.09983% 5 Dalworthin ton Gardens 265,896 ! 0.02379% 1 _ Edgecliff Village 301,263 0.02696%' 1 Euless 6,208,184 0.55552% 28 _ Everman 737,629 0.06600% 3 Forest Hill _ 2,053,824 _ 0.18378% 9 Fort Worth 137,161,045 12.27340% 614 _ Grapevine _ 13,003,904 1.16361% _ 58 Haltom City 3,668,822 0.32829% 16 Haslet 161,223 0.01443% 1 -- --Hurst 6,695,370 0.59911% 30 Keller 4,206,190 0.37638% 19 Kennedale 1,017,996 0.09109% 5 Lakeside 108,003 0.00966% _ - Lake Worth _ 525,612 0.04703% _ _ _ 2 Mansfield 6,308,301 0.56448% 28 North Richland Hills 1_0,049,080 0.89921% 45 Pantego 655,869 0.05869% _ 3 Pelican Bay 88,865 0.00795% _ - Richland Hills 1,084,987 0.09709% 5 River Oaks 869,601 0.07781% 4 Saginaw 1,496,781 0.13393% 7 Sansom Park 259,208 0.02319% 1 Southlake 5,525,816 0.49446% 25 Watauga 3,493,239 0.31258% 16 Westover Hills 878,151 0.07858% 4 White Settlement 1,310,523 0.11727% 6 TOTAL CITIES $ 289,660,897 25.91935% 1,296 OTHER: - Tarrant County $ 125,879,802 11.26394% 563 TOTALS $ 1,117,546,990 100.00000% 5,000 City of Southlake, Texas MEMORANDUM October 3, 1997 1 TO: Curtis E. Hawk, City Manager i FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to Enter into a Developer Agreement for Georgetown Park, Phase II, Located on the South Side of East Southlake Boulevard, and Approximately 700 Feet East of the i f Intersection of South Kimball Avenue and East Southlake Boulevard I I BACKGROUND i Attached is a developer agreement for phase H of Georgetown Park. This agreement covers the extension of a public water line to serve this portion of the development. All park fees were paid with the developer agreement for phase I. All other portions of the agreement are standard. RECOMMENDATION Staff recommends that this developer agreement be placed on the October 7, 1997 Regular City Council Agenda for City Council review and consideration. RH/cre Attachment: Developer Agreement I 1OA-1 i GEORGETOWN PARK ADDITION, LOT 1 - PHASE II COMMERCIAL DEVELOPER AGREEMENT 10/03/97 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 Georgetown Park Addition, Lot 1 - Phase II, hereinafter referred to "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 Georgetown Park Addition, Lot I - Phase II (a commercial development) and to the off-site improvements necessary to support the subdivision. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the subdivision if the Developer fails to complete the work within two (2) years of the signing of this agreement between the City and Developer. All bonds should be approved by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance land payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. 1OA-2 D. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove, which are intended to be public facilities, shall be vested in the City of Southlake, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. E. 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: 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 10A-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. 3 1OA-4 II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of Georgetown Park Addition, Lot 1 to the City of Southlake. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and 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 of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. The City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, 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) le If applicable, the street construction in the Georgetown Park Addition, Lot I, 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 1OA-5 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. 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 SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of Georgetown Park Addition, Lot 1 to the City of Southlake. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and 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, engineering, permits and Impact 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 10A-6 been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the subdivision. F. AMENITIES: It understood by and between the City and Developer that the Georgetown Park Addition, Lot 1 - Phase II 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 items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements. 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. 6 10A-7 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 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 10A-8 to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings bought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. 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. 10A-9 IV. OTHER ISSUES: A. OFF-SITE DRAINAGE: (Not Applicable) B. OFF-SITE SEWER: (Not Applicable) C. OFF-SITE WATER: (Not Applicable) D. PARK FEES: Park Fees were paid on the Commerical Developer Agreement for Georgetown.,'- Phase I that City Council passed on October 15, 1996, for the entire Lot 1. The developer agrees to pay the Park Fee $500 F" aete, in aeeordanee with the 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: By: Title: Address: Date: ATTEST: 9 1OA-10 Notary Public Type or Print Notary Name My Commission Expires CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: �L 10 10A-11 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 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. M:\WP-FTLESCOMMERCnGEORGE\PRASE2\DEV-AGR.WPD i � 11 •- 1 OA-12 City of Southlake, Texas MEMORANDUM (W October 3, 1997 TO: Curtis E. Hawk, City Engineer FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to Enter into a Revised Developer Agreement for Kirkwood Hollow, Phase I, Located on the West Side of North White Chapel Boulevard at the Intersection of Sweet Street and North White Chapel Boulevard t ! BACKGROUND On May 7, 1996, staff presented a developer agreement to Council covering Kirkwood Hollow, Phase I. Pursuant to the approval of this Agreement the Developer chose to delay the development and did not execute the approved developer agreement. i The developer now plans to continue this development and has requested that the developer agreement be resubmitted to Council with several changes: 1. The number of lots has been reduced from 70 to 68. j 2. The developer is requesting that eleven lots be released for construction upon completion of the water and sewer mains. Normal procedure is to release 10%, or 7 lots. 3. The developer has requested that the Dove Road improvements be completed by July 1998. Council has programmed these funds for the 1998-1999 budget year. Based upon this current schedule the City will not be able to meet this time request. The developer proposes that the City use the street impact fees for this project ($74,800.00) and an additional amount (approximately $50,000.00) to construct the Dove improvements from S.H. 114 to the proposed Kirkwood. F { Attached is the original memo from Bob Whitehead that explains the original changes to the previously approved developer agreement. �Irr+ i I 10B-1 i r , RECOMMENDATION Staff recommends that the referenced developer agreement be placed on the October 7, 1997 Regular City Council Agenda for City Council review and consideration. RH/cre Attachments: Memo from Bob Whitehead, dated May 3, 1996 Developer Agreement i i 1 OB-2 City of Southlake, Texas MEMORANDUM May 3, 1996 TO: Curtis E. Hawk, City Manager i I FROM: Bob Whitehead, Director of Public Works I j SUBJECT: Developer Agreement for Kirkwood Hollow Addition, Phase I I The Developer Agreement for Kirkwood Hollow Addition, Phase I is attached. There are several changes as redlined and struckout within this agreement that will require Council attention. The uniqueness of this agreement centers around the "Previous Water Improvement Cost" for infrastructure built as a part of the January 29, 1988 Developer Agreement with Maguire Thomas Partners/IBM. Those water improvements were the Dove/North White Chapel Blvd. elevated water tower and an 18-inch water main in W. Dove Street. [See Exhibit "D" for Southlake Water Credits.] Developer is asking for a number of credits for fees as offsets against the Previous Water Improvement Costs. Because these credits are based upon construction contracts and percentages thereof, the exact credit is estimated on the attached letter from Rex Whitton, Maguire Thomas Partners (See Exhibit "D"). A summary of the financial aspects of this Developer Agreement is: • Net due from City to MTP/IBM $839,151.90 [See Exhibit "D"] • Estimate of credits for Kirkwood 277,962.00 Hollow Addition, Phase I [See Exhibit "D"] • Total remaining due from City $561,189.90 This remaining total will be credited to Developer through future development fees and Developer will receive a discount of 50% off the cost of all water received by Developer from the City, with such discount to be applied against the Previous Water Improvement Cost until the amount is reduced to zero. This is in accordance with the January 1988 Developer Agreement. Currently, Southlake has an Interlocal Agreement with Trophy Club MUD #1 to provide sewer and water service to MTP/IBM development in Southlake. The particular items to be address in the Developer Agreement for Kirkwood Hollow Addition, Phase I are: 108-3 S , Curtis E. Hawk, City Manager Kirkwood Hollow Developer Agreement May 3, 1996 Page 2. • I.G.1a. and I.G.lb - pages 2 and 3: The City will credit the inspection fees of three percent(3%) and administrative processing fee of two percent (2%) of construction costs against the previous water improvement costs. • II. D. 2. - page 5: Developer is requesting that the installation and operation costs of street lights be credited towards the Previous Water Improvement Costs. • H.E. - page 6: This development does not have any "offsite" sewer; it is all on-site. The City has required Developer to oversize a collection sewer line to become part of the future extension of the northside trunkline sewer system (see IV.J.). The residential collection system will not require oversizing. • II.G. and II.H., - page 7 : Developer will maintain the amenities until such responsibility is turned over to a homeowners association or "other maintenance entity." • IV., Offset of Fees - page 10: This paragraph explains the offset of fees against previous developer expenditures for City water improvements. It states the total due to Developer is $839,151.90 and the City will discount 50% cost of all water received by Developer and credit fees and costs as per this Agreement until the above total amount is reduced to zero. Note: There is no off-site water and the off-site drainage fee is now part of the Street Impact Fee calculations. • IV. B. Parkland Dedication - page 11: Developer has dedicated 1.4 acres of land for parks and the Park Board has recommended a 100% credit toward the Addition's park fees. The Park Board also has approved items IV.B. 1,2,3, and 4. • IV. C. Street Access Fees - page 12: { Developer has volunteered to pay the street access fee of$1,100 per lot, this is equivalent to the approved Street Impact Fee. However, Developer is asking that the $77,000 be used to improve West Dove Street from S.H. 114 to North White Chapel Blvd. this summer in conjunction with E. Dove Street improvements. The estimated cost for such i 108-4 S , Curtis E. Hawk, City Manager Kirkwood Hollow Developer Agreement May 3, 1996 Page 3. improvements is $150,000. The difference will need to come from the Infrastructure Reserve Fund. • IV. D., Sewer and Water Impact Fees - page 12: Developer is requesting that these fees be credited against the previous Water Improvement Costs. • IV.E.. Other Fees - pages 12 and 13: Developer is requesting that zoning change fees, development plan and preliminary plat application fees, _apd final plat filing fee be credited against the Previous Water Improvement Costs. This amount is $9,430. • IV.G. Landscaped Medians - page 13: Developer is constructing landscaped medians in Kirkwood Blvd. and/or residential streets. Developer will maintain the landscaped medians; however, Developer did request that the City maintain any medians which were not landscaped. Staff has drawn a line through that request and feel that the medians are an amenity and fall under Section II. H. Use of Public Right-of-Ways. IV. H. Street Phasing - Kirkwood Boulevard: - page 13: Developer is to build only the easterly one-half of Kirkwood Blvd., from W. Dove Street north to the Addition. i • IV. J. Sewer Main: - pages 13 and 14: Developer will install a 27-inch sewer main to serve the Addition. This sewer main is oversized for the City to utilize and be extended to serve the Denton Creek basin of Southlake east of N. White Chapel Blvd. Council is aware that Trinity River Authority i (TRA) is constructing a lift station and the Denton Creek Pressure System. The completion of the TRA and Kirkwood Hollow Addition will provide a trunkline sewer to j be extended to the east of North White Chapel, providing an outfall for new sewers to be constructed north of S.H. 114. Developer is requesting that the City credit by paying the Developer or contractor the actual cost of constructing the 27-inch sewer main. This cost is estimated to be $63,482. • IV. K. Interim Sewer Service: - page 14: Southlake already has an Interlocal Agreement with Trophy Club MUD #1 to provide service to the area. The TRA lift station and pressure line are planned to be in place around October 1996, so this provision should not be utilized; however, the agreement is already in place. 108-5 t Curtis E. Hawk, City Manager Kirkwood Hollow Developer Agreement May 3, 1996 (W Page 4. An additional item has recently come to staff s attention. Kirkwood Blvd. is planned in the Trail Master Plan to have an on street bike lane and an off-street hike-bike trail. Developer has designed and planned to build a 24-foot street which is the City standard for one-half of a boulevard cross section. In order to accommodate two travel lanes of vehicles and a bike lane, the Trail Master Plan suggest the need to add two (2) additional feet of street width. Please place this draft Developer Agreement for Kirkwood Hollow, Phase I on the May 7, 1996 f agenda for Council consideration. {1 _ I BW/sm i Attachments: Southlake Trail System Master Plan jDeveloper Agreement Park Recommendation Map Jogs Soutniake Trail System Master Plan August 15, 1995 Equestrian trails within the Corps property at Lake Grapevine will be separate from the multi-use hike and bike trails. General standards for equestrian corridors for trail s separation l requirements will be followed. P standards and J When fully developed, the equestrian system could include a city-controlled equestrian trailers would be provided. center located adjacent to the newly acquired city park land off North White Chapel. Ample parking for On-Street Bicycle Routes While off-road trails primarily address the recreation oriented aspects of bicycle use, there has been a demand to supplement off-road trails with facilities that provide bicyclists more direct J access to destinations. r Types of On-Street Bicycle Routes The on-road routes are designated on the plan as two (2) components: • Routes occurring on roadways that will require no modification or improvements. These roads as they exist are conducive to bicycle use so the Master Plan identifies these as On-Road Bike Route (no additional lane width). These are primarily residential roads in the city with low 1 traffic volumes. 1 Routes occurring on roadways that will require some modification to ensure that ample room exists for both automobile and bicycles are designated as On-Road-Bike Route (wide outside Zane). These thoroughfares would be redeveloped to incorporate wide outside lanes of 14 feet (12 foot driving, plus 2 foot bicycle lane) to allow for safe bicycle use along the outside lanes. w The recommended cross-sections are at the end of this report as Attachment B. Criter ia for On-Street Bicycle Routes Through a planning process, the route locations have been determined�6y location of oints of public interest, such as, schools, arks and shopping P P pping centers, and the avoidance of dead ends or other obstacles. Description of Recommended On-Street Bicycle Routes IThe Trail System Master Plan Map included as Attachment A illustrates ons. Bike routes will be numbered and signed to provide cyclists a means of orientation l and 1planning; cyclists can determine where they are, plan where they want to go, and communicate their travel t plans and location with others. 108-7 10 Attachment B Arterial A4U Options (70' R.O.W.) 2 6.5 14 -12--52 12 14 I31 15 Arterial A5U Options (84' R.O.W.) r r. I T l 65 4.5 14-----12---�---14 4 5 1os-s such discount to be applied against the Previous Water Improvement Cost until the amount is reduced to zero. The City agrees that, in order to reduce the amount of the Previous Water Improvement Cost which would otherwise entitle Developer to receive City water at discounted rates, the Developer will be allowed, at his/her option, rather than paying cash for any or all of the fees listed under Articles I.G.I.a., I.G.I.b., II.D.2, IV. D. , IV.E. and IV.J. herein,to instead offset the amount of any such fees against the Previous Water Improvement Cost, and the amount of the Previous Water Improvement Cost will be reduced on a dollar for dollar basis by the amount of any fees which Developer elects to so offset. Exhibit "D" attached hereto provides an estimate of the total fees projected to be taken as offset against the Previous Water Improvement Cost in connection with the Development of the Addition. - r B. PARKLAND DEDICATION: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Ord.),Article VII,Park and Recreation Dedication Requirements. The Addition consists of 49 68 lots for a total required park fee of S 35,099.$34,000. However, in consideration of the 1.4 acre tract of land to be dedicated to the City for its use, the Developer has requested a 100% credit toward the required park fees. The Park Board considered the Developers's request for credit at their October 16, 1995 meeting and recommended to City Council that the credit be given. The Council, hereby grants a 100% credit for such land dedication, resulting in a total waiver of the park fee otherwise payable for this Addition. With respect to the park land to be dedicated to the City by Developer: 1. Developer has the right to cross any dedicated park lands with utilities and easements. 2. Developer has right to perform grading and drainage improvements on or across any dedicated park lands as such improvements may be approved by the City in conjunction with the City's approval of construction plans as provided hereunder. 3. Developer has right to construction access from North White Chapel Blvd. for across dedicated park lands. i 4. No park improvements or landscaping for the dedicated park land is required of Developer. 1os-s I 1 KIRKWOOD HOLLOW ADDITION, PHASE I DEVELOPER AGREEMENT 10/02/97 An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the Kirkwood Hollow Addition, Phase I to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the "Addition," for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 70 lots total, 68 residential lots contained within the Addition and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer("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 seven eleven of the lots for building permits 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;l-je Developer to see that all remaining items are completed. C. The Developer, or at Developer's option, the prime contractor or contractors (whether singular or plural, the"Contractor"), 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 as Exhibit A and incorporated herein. ioa-10 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 during the two (2) year period. 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 in this Article I. 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,provided that such acceptance by the City shall not be unreasonably withheld or delayed. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. The following fees and costs will be an expense of Developer: a. Inspection fees equal to three percent (3%) of the actual bid construction cost of the water, street, drainage and sanitary sewer facilities, on all such facilities covered by this Agreement for which Developer awards its own construction contract, to be paid prior to 1OB--11 construction of such facilities. Developer intends, and the City agrees,in lieu of payment of these fees by Developer,that the amount of fees otherwise payable by Developer pursuant to this paragraph may be taken as a credit against, and reduce on a dollar-for-dollar basis, the City's obligation to Developer for the Previous Water Improvement Cost, as provided in Article IV.A. herein. b. Administrative Processing Fee equal to two percent (2%) of the actual bid construction cost of water, street, drainage and sanitary sewer facilities, on all facilities covered by this Agreement for which Developer awards its own construction contract, to be paid prior to construction of such facilities. Developer intends, and the City agrees, that in lieu of payment of these fees, the amount of fees otherwise payable by Developer pursuant to this paragraph may be taken as a credit against, and reduce on a dollar-for-dollar basis,the City's obligation to Developer for the Previous Water Improvement Cost, as provided in Article IV.A. herein. 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); r _ b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to sanitary sewer service lines or water mains constructed under this Agreement until said water mains and sanitary sewer service lines have been completed to the satisfaction of and accepted by the City, provided that such acceptance by the City shall not be unreasonably withheld or delayed. �°" ios-12 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. 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. i J. Any surety company through which a bond is written shall be a surety company duly 9 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 I work under this or any other Developer Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. II. FACILITIES: j 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, provided that such release by the City shall not be unreasonably withheld or delayed. Further, the Develper 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 1OB-13 be prepared by Engineer, 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. 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 provided that such release by the City Engineer shall not be unreasonably withheld or delayed. 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. With respect to Developer's obligation to pay for the two-year operational cost of street lights as referenced in (a) above, Developer and the City agree that, following the specification by Developer of the street lights to be installed within the Addition,the City and Developer will reasonably agree upon the estimated two-year operational cost of such specified fixture, and the City agrees that, in lieu of payment of such two-year operational cost may be taken as a credit against, and reduce on the dollar-for-dollar basis, the City's obligation to Developer for the Previous Water Improvement Cost, as provided in Article IV.A. herein. 3. No work will begin on any street covered by this Agreement until plans for such street have been prepared by Engineer and released by the City Engineer, provided that such release by the City Engineer will not be 10B-14 unreasonably withheld or delayed. All street improvements will be subject to inspection and approval by the City, provided that the City will approve all such work which has been accomplished in conformance with plans and specification previously released by the City. 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 that, following commencement of construction, a decision later may be made to realign a line or utility service. 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. E. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities ("Collection Facilities") to service lots as shown on the final plat of the Addition. The Collection Facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City, which City releases shall not be unreasonably withheld or delayed. Further, the Developer agrees to complete this installation in compliance with all currently applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. In the event that Collection Facilities are to be oversized because of City requirements, the City will reimburse the Developer for the cost incurred by Developer as a result of any such oversizing beyond the Collection Facility size specified by Engineer for Developer's needs or an 8-inch sewer line whichever is greater, with such payment to be made, together with payment for that portion of the Collection Facilities required to serve the Addition, in accordance with paragraph IV.J. F. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydro mulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been 10B-15 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 or other maintenance entity. 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 or other maintenance entity. The Developer and his successors and assigns understand 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 demand, until such amenities and/or improvements have been turned over to a homeowners association or other maintenance entity. r 1. 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. ioe-�s 3. All fees required to be paid to the City. These fees may be paid to the City or taken as a credit against the Previous Water Improvement Cost owed to the Developer by the City as described in Article IV A herein. 4. Developer Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as an additional insured with appropriate limits. s i 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$1,090$10,000 value i to the Addition. � 1 1 I is( i e f i t 1OB-17 GENERAL PROVISIONS: A. Developer govettants and agrees to and does hereby—f-jil-,_ indemnif-vINDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, hold harmless and defend the GityHOLD HARMLESS AND DEFEND CITY, its offteersITS OFFICERS, agentsAGENTS,servants and efnployeesSERVANTS AND EMPLOYEES,€rem all claims, suits or eauses of action of any nature whatsoever, whether real o asserteaFROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY,homer or on aeeou"t of any injuries or damages to persons or INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, ineluding dtathYtIHETHER REAL OR ASSERTED, (INCLUDING, the eonstruetion of the improvements or faeilities deseribed herein; whieh ittdetnni WITHOUT LIMITATION,REASONABLE FEES AND EXPENSES OF ATTORNEYS,EXPERT WITNESSES AND OTHER CONSULTANTS), shall terminate ttpon aeeeptanee by the City of sueh improvements or faeilities; and in ARISING OUT OF OR IN CONNECTION WITH,DIRECTLY `�•— OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, the DeveloperUSE, EXISTENCE OR LOCATION OF eovenants to SAID IMPROVEMENT OR IMPROVEMENTS,hs4d harmless and defend the City, its , agents, servants and employeesAND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, from and against any and all elaims, any nature whatsoeve ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, brought for or on aeeount o dantages to persons or ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, ineluding d OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, resulting from any failure to properly safeguard the ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, or on neount of any aet, intentional or otherwiseCLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, negleet or miseonduet of the Developer, its , n--b,..._`_....`.._.7 agen`sOR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, servants or employeesOF THE CITY, whieh—indemnity, 10a-18 terminate upon neeeptance by the City of sueh 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. All indemnities provided by Developer hereunder shall be limited to claims not covered by insurance provided by Developer pursuant to Section II.I.5. herein. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer except to an "affiliate" of Developer, defined as any entity owned in whole or in part or controlled by International Busi-riess Machines Corp. or--by Maqttire Thomas Partners, Ine. or Maqttire Thomas Pafters Development . or to Maguire-Thomas Partners,without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract,the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. 1OB-19 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. I. 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: r A. OFFSET OF FEES AGAINST PREVIOUS DEVELOPER EXPENDITURE: Pursuant to other agfeetnents the Developers Agreement dated January 29, 1998, attached herein as Exhibit"D-1",involving the City, the Developer, and/or partners of Developer, the Developer has previously installed City water improvements at a total agreed cost of $839,151.90, hereinafter referred to as Previous Water Improvement Cost. A provision of this Previous Water Improvement Cost was when City water service is made available to the Developer, Developer will receive a discount of 50% off the cost of all water received by Developer from the City, with 1 OB-20 C. STREET ACCESS FEES: Developer agrees to pay a street access fee of$1,100 per lot for each of the seventy eG� (68) lots in the addition, which amount totals-$77,000 $74,000 (fees shall be payable with the issuance of the first of the eleven building permits per Paragraph IB). In consideration for payment of these fee by Developer, the City agrees to undertake planned improvements to Dove Street from Highway 114 to North White Chapel Blvd.,in a similar manner and time frame(understood to be summer of 1996) as the improvements to be undertaken by the City on Dove Street east of North White Chapel Blvd. intersection. D. SEWER AND WATER IMPACT FEES: If requested by Developer, the City agrees that it will not collect sewer and water impact fees from Developer or from the Builders on each lot(at an approximate cost of$2,000 per developed lot), in which event, in lieu of payment of such sewer and water impact fees by Developer or builders, the amount of such sewer and water impact fees shall be taken as a credit against, and reduce on a dollar-for-dollar basis, the City's obligation to Developer for the Previous Water Improvement Cost, as provided in Article IV.A. herein. The credits shall be applied against the City's obligations as the building permits are taken out by the builders. E. OTHER FEES: The City agrees that (I) zoning change fees, (ii) development plan and preliminary plat application fees and (iii) the final plat filing fee will not be paid by Developer, and that in lieu of payment of such fees by Developer, the amount of such fees shall be taken as a credit against, and reduce on a dollar-for-dollar basis, the City's obligation to Developer for the Previous Water Improvement Cost, as provided in Article IV.A. herein. F. TREE PRESERVATION ORDINANCE: r All construction activities shall meet the requirements of the Tree preservation Ordinance 585. G. LANDSCAPED MEDIANS: The City will have no responsibility for installation or maintenance of landscaping in medians,whether such landscaped medians occur in either Kirkwood Boulevard or in residential streets installed by Developer. H. STREET PHASING - KIRKWOOD BOULEVARD: 1OB-21 In conjunction with the development covered by this Agreement, Developer will be required to install only the easterly one-half of Kirkwood Boulevard between Dove Street and the northerly plat limits of the Addition. I. WATER MAIN PHASING: Developer will not be required to install water mains in Kirkwood Boulevard as part of this Agreement. J. SEWER MAIN PHASING INSTALLATION AND COST PARTICIPATION: Developer will install a 27-inch sewer main from the proposed Kirkwood Lift Station southwesterly along South Fork Kirkwood Branch Creek to an intersection with Kirkwood Boulevard. City will pay for the cost incurred by Developer to upsize the sewer main over 8-inch diameter based on contractor's bids. Reimbursement will be in accordance with the following paragraph. Developer intends, and the City agrees, that in lieu of payment by Developer for that portion of the Collection Facilities which are required to serve the Addition, the City will pay for the cost of such Collection Facilities and Developer will take a credit against, and reduce on a dollar-for-dollar basis,the City's obligation to Developer for the Previous Water Improvement Cost, as provided in Article N.A. herein. Accordingly, the parties agree that 100% of the cost of the 27-inch sewer main will be paid by the City, either directly to the Contractor or as a reimbursement to Developer if Developer has already made payment to the Contractor, in either case within thirty(30) days of receipt by the City of an invoice for the cost of such sewer main, together with appropriate back-up, from either Developer or Contractor, and that the City's obligation to Developer for the Previous Water Improvement Cost will be reduced, on a dollar-for-dollar basis as provided in Article IV.A. herein, by the amount of such cost which is attributable to that portion of the Collection Facilities required to serve the Addition. The City's obligation to Developer for the Previous Water Improvement Cost will not be reduced by the amoinit of such costs attributable to the oversized portion of the Collection Facilities required by the City. K. INTERIM SEWER SERVICE: In the event that the Denton Creek Pressure System is not on-line when sewer service is needed by Developer, the City agrees to enter into any inter-local agreements with Trophy Club MUD#1 as reasonably necessary to allow Developer to utilize temporary sewer service through the Trophy Club MUD#1 lift station located in Kirkwood Branch Creek. SIGNED AND EFFECTIVE on the date last set forth below. 10B-22 DEVELOPER: Kirkwood Hollow Development, L.L.C. By: Title: Address Date: CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Attachments Exhibit "A" Exhibit`B" Exhibit"C" Exhibit"D" 1Og-23 Exhibit "A" REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit(L of C)must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%)percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 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. 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L;o� w • 25q§ d �@tl i i A ( � a �N. � 2�y� L Pit LOZI-V k3ANnS 33IHd'0'b 4 ° ,1,N •••" / ", /' �•\ " 1C1 I _ / �/ J�,:• 4 e ,.�>""` bcii-V x3nans Niiavw•©•r —�— II , , " " \ �\ \\ a•';,+ 1MILLS ie .Lams ! ��_`' LEA _ ,�.; :;�,� �•` ,'� \-° � /A� / Goa,' �' ?� a '�\ w ,os: A ; `°•�� I G6�� 1 c. 1 ^ :''w. / � j �• •� lilt � " $a •°;q• �\ ':'S yQy UMy1 / •E._�L— _pia—_ __R'n____¢9 n11— n•�� M \ � \� CC'YV01 A.iG•�.GYG• o Q is i ti m •� Irb a:h' - - -y�'J �"� ��.,, i 1 mu.wvoGrn - •�i, 3 I��--- - - `=k�_'�'i sip .x J Im �l EXHIBIT "C" INTERNATIONAL BUSINESS MACHINES CORPORATION I , T. C. IRWIN ,- Secretary of International Business Machines Corporation , a New York corporation , do hereby certify that the following is a full , true and correct copy of 'the resolution duly adopted by the Executive Committee of the Board of Directors of the Corporation , at a meeting duly called and held at Old Orchard Road, Armonk, New York , on the 25th day of March, 1986 , at which a quorum was present and acting throughout , and that the said resolution has not been modified, amended, or rescinded and continues in full force and effect: "RESOLVED, that any individual at the time holding the position of Counsel in the Real Estate and Construction Division be, and he hereby is , authorized and directed to affix and attest the corporate seal of the Corporation to any agreement , instrument or other document executed on behalf of the Corporation in connection with a real estate or environmental matter , and the performance of any obligation thereunder , and to attest to the authority of the person signing said agreement , instrument or other document; " IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of International Business Machines Corporation this 4th day of May , 1987 Secretary 1 OB-27 UTILITY CONTRACT OF MAY 4, 1987 BETWEEN INTERNATIONAL BUSINESS MACHINES CORPORATION, MTP-IBM PHASE II AND III JOINT VENTURE AND THE CITY OF SOUTHLAKE THIS CONTRACT AND AGREE.uWNT (the "Contract") made and entered into this 4th day of May, 1987, by and among International Business Machines Corporation, a corporation duly incorporated in the State of New York and authorized to transact business in the State of Texas, the MTP-IBM Phase II and III Joint Venture, a Texas general partnership (hereinafter collectively referred to as the "Developers") , acting by and through their duly authorized representatives and the City of Southlake, Texas, a municipal corporation (hereinafter referred to as "City") , acting by and through its duly authorized representative. WHEREAS, the City has provided at its own expense, and now owns, operates and maintains facilities for processing and distributing a supply of surface water and subsurface water, and at the present time is qualified to furnish and deliver treated water; and WHEREAS, the Developers have requested that the City supply a quantity of water as required by the Developers not to exceed 1,000,000 gallons per day to be delivered to the site more particularly described in the attached Exhibit "A" (the "Site") ; a WHEREAS, it is deemed to be in the best interest of the parties herein that they enter into a mutually satisfactory agreement by which the City agrees to supply treated water to the Cite at a re«sonable rate; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: ` That for and in consideration of Ten and No/100 Dollars ($10.00) and the execution and performance of the mutual covenants herein set forth, the City and the Developers do hereby covenant and agree as follows: 1. TERMS AND CONDITIONS No later than January 1, 1988, and yithout interruption thereafter, except as otherwise provided here'_n, the Developers, their successors and assigns, shall be entitled to receive and the City hereby agrees to make available for delivery to the Developers at the Site up to one million (1,000,000) gallons per day of potable water meeting all applicable governmental and Developers' standards, delivered under the normal operating pressure prevailing in the City's water distribution system to a point of delivery shown by a red arrow on Exhibit "A" and described by metes and bounds in the attached Exhibit "B" (the "Delivery Point") . If at any time during the term of this Contract for reasons beyond the City's control, the City of Fort North reduces .the amount of water it will provide the City, the City may reduce the amount of water it furnishes the Developers by the same proportion as that by which the City reduces its supply of water to all other customers of the City. If the City of Fort Worth shall ration the use of water, which water rationing or water conservation measures shall be imposed by the City, then the Developers shall institute and 'OB-28 apply the sarne rationing, conservation measures or restrictions to the use of water as required of all other customers of the City. If the City of Fort Worth fails to deliver potable water to the City, then any reduction of supply of potable water to residents generally shall also apply pro rata to the Developers. The City represents and warrants that is presently has a water contract with the City of Fort Worth which permits it to deliver 1,000,000 gallons per day of potable water to the Site and that this quantity of water will be reserved by the City for future use by the Developers on the Site. 2. LOCATION AND MAINTENANCE OF MEASURING D-rVICES All water -furnished by the City shall be measured by individual meters for different water users within the Site equipped with continuous flow chart recording devices and transmitting and receiving equipment unless Developers and the City agree to use other types of equipment. All meters and recording equipment shall be installed and operated by the City. The Developers shall pay to the City the cost of the meters, the recording and transmitting equipment and appurtenances plus the installation costs thereof. The location of each meter shall be mutually agreed upon by and between the parties hereto, and the meters shall not be moved or relocated except by mutual consent. The Developers shall have the right to request the City to test the meters and appurtenances at any time after first paying any reasonable testing fee assessed by the City. No meter shall be adjusted, changed or tested, in place or elsewhere, unless the party intending to make such adjustment, change or test shall firs give notice to the other parties of this in,:eriticn and thereafter give reasonable opportunity to the parties to have representatives participate in such test, change or adjustment. All meters will be properly sealed, and the seal shall not be broken unless representatives of the parties hereto have been notified and given a reasonable opportunity to be present. 3. METER READING AND BILLING The City shall read all meters provided for herein from time to time, but not less than at monthly intervals, and the parties to this agreement shall have free access torr-ead these respective meters daily, if any party so desires. It shall be the duty of the parties to give immediate notice, each to the other, should any meter be found not functioning, and upon such notice repairs to such meter shall be made promptly. Whenever it is evident that a meter has not registered accurately for a period of time, the quantity used shall be estimated in accordance with the usage under similar conditions for an equal period of time. The meter readings or rates of flow shall be added together when more than one meter is in service and the sum thereof shall be used for the purpose of calculating the total water supplied to the Site. However, each meter shall be billed independently. The Developers and their assignees agree to pay the monthly charge for water service in accordance with the rates specified in paragraph 4 below. Monthly bills shall be due and payable at the office of the City on or before the tenth (loth) day immediately succeeding submission of the bill. The Developers shall not be required to pay for any water unless such water shall be actually received by the Developers or their assignees. 1OB-29 ' Y 4 . RATr The rates to be charged for water delivered to the Site shall be the same as the usual and customary rates for similar water users within the City. The rates to be charged for wala- deiivered to the Site shall be reasonably determined by the actual cost for the raw water plus actual costs for operation and maintenance - of the water system by the City plus the capital costs, less offsets and depreciation, for the City's water system, but in no event shall the rate charged to the Developers exceed that charged to any other similar water user. 5. PREPAYMENT The parties--understand that the Developers, at the time of execution of this Contract, do not presently require the use of any - water on the Site. Upon execution of the Contract, the Developers will deliver a check for the b!m of Seven Hundred Fifty Thousand and No/100 Dollars ($750,000.00) (the "Credit") to the City as a prepayment for the water to be supplied to the Site in the future. . When the Developers, their successors and assigns, require the use of any of the 1,000,000 gallons of water, the Developers shall receive a credit of fifty percent (501) of every water bill received by them until one hundred percent (100%) of the Credit and the Construction Allowance (as defined hereafter) has been applied to the water bills delivered to the Developers or their assignees for water used within the Site. If the City's operational costs exceed fifty percent (50%) of every water bill, the City shall send written notice to the Developers setting forth the costs of operation. Upon receipt of such notice, the Developers shall accept a reduction in the amount of credit which reduction shall bt only that amount necessary to allow the City to recover its operational costs. Under no circumstances shall such a reduction reduce the Developers' credit on its monthly bills to zero nor shall it in any way affect the Developers' right of reimbursement of the Credit and Construction Allowance (as defined hereafter) . 6. MOUNT OF WATER While the City shall be required to supply up to 1,000,000 gallons of water per day to the Developers absent any declaration of general emergency or conservation measure imposed by the City of Fort Worth as set forth in paragraph 1 "Terms and Conditions", no provision of this Contract shall require the City to supply more than 1,000,000 gallons of water per day to the Developers for the Site. Nothing herein shall require the Developers or their assignees to take 1,000,000 gallons of water per day nor to take more water at the Site than the Developers or their assignees deem necessary. Furthermore, nothing herein shall require the Developers or their assignees to take any amount of water whatsoever. 7. CONSTRUCTION OF LINE At such point in time as designated by the City but not earlier than August 1, 1987, the City, after obtaining competitive bids, shall initiate developcent on that portion of the Site which lies to the north of Highway 114 and is more particularly described in Exhibit "C" attached hereto and incorporated herein by reference, and it will lay an eighteen 1OB-30 t inch (18") line (the "Line" ) from the water tower presently located at the intersection of Dove Road and White Chapel Road in the City along the most direct route to Highway 114 at a cost for such Line as determined to be reasonable by Carter t Burgess Engineering, Inc. Eighty percent (80%) of the cost of this Line shall be contributed to the City by the Developers within sixty (60) days from the completion of this Line as certified by Carte: & Burgess Engineering, Inc. , and Developers agree to provide easements for_ the Line across their property. At such point in time as designated by the City, the City shall secure the necessary approvals to construct an extension of the Line under Highway 114 to a location at the southwest corner of Dove Road and Highway 114 to a point indicated by a zed arrow on Exhibit "D" (the "Line Extension") and after obtaining competitive bids shall construct the Line Extension. The Developers or their assignees shall contribute a total of $2,000 to the City towards securing the necessary approvals to construct the Line Extension. The reasonable cost for engineering, surveying and construction of the Line Extension shall be paid by the -City. The Developers or their assignees shall reimburse fifty-five percent (55%) of the reasonable cost of constructing the Line Extension as determined by Carter t Burgess Engineering, Inc. , to the City within sixty (60) days of the completion of the Line Extension as certified by Carter L Burgess Engineering, Inc. -All amounts paid to the City by Developers pursuant to this Section 7 shall constitute the "Construction Allowance" for which reimbursement is allowed pursuant to Section 5. 8. EFFECTIVE DATE OF CONTRACT FOR BILLING The City shall bill the Developers for water on the tenth (loth) day of the month following the month in Which the City first delivers waver to the Developers and cn the tenth (loth, day of each succeeding month for the term of this Contract. } RESALE OR ASSIGNMENT The Developers and their assignees do hereby covenant and agree not to sell water to users outside the Site. If the permission of the City of - Fort Worth and the Trophy Club Municipal Utility District No. 1 is obtained, the City agrees to sell to the Developers or to any partnership in which either or both of the Developers are a partner water for use on the property described in Exhibit "E" attached hereto and incorporated herein by reference. The Developers, their successors and assigns, shall have the right to submeter facilities on their property and - to recoup or recover their actual costs for water delivered to third-party users pursuant to leases or other agreements pertaining to all or any portion of the Site or the area described in Exhibit "E". All rights granted under this Contract shall be freely assignable in whole or in part by the Developers and wherever the term "the Developers" is used in this Contract it shall also include any successors or assigns of the Developers. 10. LIFE OF CONTRACT The life of this Contract shall be for twenty-five (25) years from date of execution hereof. If water is not being delivered to the Site at the expiration of this Contract, this Contract may be renewed on terms mutually agreeable to the parties hereto, but if water is being delivered pursuant to this 108-31 Contract at its expiration, then water shall continue to be delivered to the Site upon the same terms and conditions as imposed by the City on similar water users. 11. FORCE MAJEURE - If, by reason of force majeure, any party hereto shall be rendered unable, wholly or in part, to carry out its obligations under this Contract, other than the obligation of the Developers to make payments required under the terms hereof, then if such party shall give notice with full particulars of sugh force majeure in writing to the other parties within reasonable time after the occurrence of the event or cause relied upon, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuation of the inability then claimed, but for no longer period, and such-party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "force majeure", as employed herein, shall meat: acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the government of the United States or the State of Texas, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, ' washouts, droughts, or explosions. 12. DUE AUTHORITY The persons signing on behalf of the City and the Developers represent and warrant that they are duly authorized to execute this Contract on behalf of the City and the Developers, respectively. 13. REMEDIES Any party hereto shall have the right to specific enforcement of the terms and conditions of this Contract. 14 . OTHER PROVISIONS 14.1 Except as altered by the specific provisions of this Contract, all water provided by the City tq, the Developers shall be subject to the standard rules, regulations, rates and policies in effect for all customers of the City, as amended from time to time. 14.2 This Contract represents the entire agreement of the parties and may not be changed or modified except by written instrument signed by the parties to be charged therewith. 14.3 Any notice provided for herein shall be given in writing hand-delivered or mailed certified or registered United States Mail, postage prepaid, addressed, as follows: If to City: City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Attention: City xanager of Southlake 106-32 If to the Developers: International Business Machines Corporation Real Estate and Construction Division 208 Harbor Drive Post Office Box 10501 Stamford, Connecticut 06904 _ Attention: Director of Real Estate Development With Copy to: International Business Machines Corporation Real Estate and Construction Division 208 Harbor Drive Post Office Box 10501 Stamford, Connecticut 06904 Attention: RECD Division Counsel and: -- MTP-IBM Phase II and III Joint Venture 1299 Ocean Avenue Santa Monica, California 90401 Attention: Mr. Richard I. Gilchrist The designation of the person to whom and the place to which notices are to be mailed or delivered may be changed from time to time by any party by written notice to the other parties. 14.4 Notwithstanding any other provisions herein contained, no notice provided hereby shall be effective prior to the expiration of sixty (60) days from the date such written notice is given as required by Section 14.3 and postmarked. IN TESTIMONY WHEREOF, after proper action by the respective governing bodies of the parties hereto, we have caused these presents to be executed in five (5) copies, each of which is conaloereJ to be an original and the seals of the respective parties to be hereto affixed on the date above written. ATTEST: CITY OF SOUTHLAKE G'' I i By: City Secretary Its: Mayor Pro lem 1-7 APPROVED AS TO FORu: South lake City Attorney ATTEST: INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation Fy: C 51. Corporate Secretary Its: R. C. E011 da J:, Hedge.Jr. Y Y� Counsel IBM Tice President and President. 91 L'State and Const.-urtion DiTiaion Real Estate and Construction Division 1OB-33 MTP-IBM PHASE II AND III JOINT VENTURE, a Texas general partnership BY: MACUIRE/THOMAS PARTNER - DALLAS, LTD. , a California limited partnership, General Partner _ BY: MACUIRE/THOMAS, INC. , a California corporation, General Partner . Itst AStPM1' J 10 B-34 Exhibit "D" Listed below is an estimate summary of the fees that the Developer and City will agree to offset against the City's obligation to Developer for the Previous Water Improvement Cost: 1. Street light operation cost for 2 years at $12 (estimated) per fixture per month times 32 fixtures.............................................................................:............. $9,216 2. Zoning change fees................ 3. Development plan and preliminary plat application fee......................................$3,150 4. Final plat filing fee(original)...............................................................................$2,420 5. Final plat filing fee (revised)................................................................................$2,430 6. Inspection fee (3% of the cost of water, street, drainage and sewer based on Developers most current cost projections of$1,300,000)..................................$392000 7. Administrative processing fee (2% of the cost of water, street, drainage and sewer based on Developers most current cost projections of$1,300,000)...................$26,000 8. Sewer and water impact fees at approximately$2,000 per lot times 68 lots...$136,000 9. The cost of an 8" sewer line from the new Kirkwood Branch Pump Station southwesterly along South Kirkwood Branch Creek to an intersection with Kirkwood Blvd. in Phase I of the residential. This sewer Iine will actually be constructed as a 27" line. The City will pay for the difference between a 2T' line and an 8" line (currently estimated at $76,360). The 8" portion will be offset against the Credit (currently estimated at).......................................................................................$70,241 10. Street Access Fees are not able to be applied against the Credit. See Paragraph N.C. of the Agreement for how this is handled. 11. Current status of the Credit(before application of items# 1-10 above) is as follows: • Original investment 750,000.00 • Additional investment for the 18"water line extension 99,255.40 • Reduction taken against Water Impact fee in Developer's Agreement for Phase IA office building (10,103.50) Remaining Credit $ 839,151.90 Estimated offsets applied for Kirkwood Hollow(i.e. items 91-10 above) j (292,317.00) Estimated Remaining Credit $ 5462834.90 I i i i i 106-35 1 • • ' Nine Village Circle Suite 500 Westlake T%76262 817 430-0303 Memorandum VIA FAX date August 22, 1995 Exhibit "D-1" to Bob Goodwin cc: Tom Allen from Richard Kuhlman C re Southlake Water Credit (the "Credit") E-{ Luann Heath and I have agreed in concept to the following reconciliation of our Southlake Water Contract credits: I. Original investment $750,000.00 2. Additional investment for 18"water line extension 99,255.40 3. Reduction taken against Water (10,103.50) Impact fee in Developer's Agmt. for Phase IA Net credit due from City $839,151.90 I have attached a copy of that Developer's Agreement dated January 29, 1988. If you have any questions, please give me a call. Luann is drafting a letter for Curtis Hawk's signature setting forth the current status of the credit. RHK/th 1OB-36 City of Southlake,Texas MEMORANDUM October 1, 1997 TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Ordinance No. 684 - Standards of Care As you know, the Parks and Recreation Board initiated the request that the City adopt a Standard of Care procedure for our youth programs (i.e. after-school programs, summer day camps, Spring Break Camp, etc.). Upon City Attorney review it was discovered that a new state law was passed in 1995 that requires the City to adopt minimum standards by which the Parks and Recreation Department will operate the City's Youth Programs. The programs operated by the City are recreation in nature and are not day care programs. Councilman Fawks volunteered to serve as the liaison to the staff and Park Board on this issue. Attached is the Standard of Care procedure that has been approved by the City Attorney and is in accordance with state law. The Parks and Recreation Board met on Monday, September 8 and recommended this draft to City Council. Staff is requesting City Council discuss this procedure before bringing the ordinance to the City Council for consideration. Please add to the October 7 City Council agenda the discussion of the Standards of Care. If you have any questions please contact me at 481-5581, extension 757. KL Parks and Recreation Department Policies and Procedures Manual Procedure: Standards of Care Source: City Council Category: Recreation Effective Date: Draft-recommended by Parks&Recreation Board 9/8/97 Revised Date: Statement of Purpose The following Standards of Care have been adopted by the City Council of the City of Southlake, Texas in order to comply with Subsection (b),Section 42.041, Human Resources Code as approved by the 74th Legislature. The Stand=«f--of Care are intended to be the minimum standards by which the City of Southlake Parks and Recreation Department will operate the City's.Youth Programs. The programs operated by the,City are recreation in nature and are not day care programs. General Administration 1. Organization A. The governing body of the City of Southlake's Youth Programs is the City-of Southlake. B. Implementation of Youth Program Standards of Care is the responsibility of the Parks and Recreation Department Director and departmental employees. C. These Standards of Care will apply to Youth Programs. D. Each Youth Program site will have available for public and staff review a current copy of the Standards of Care. E. Parents and participants will be provided a.current copy of the Standards of Care during the registration process. F. Criminal background checks will be conducted on all prospective Youth Program employees and volunteers. The criminal background check will be completed by Southlake Human Resources Department. If results of that criminal check indicate that an applicant has been convicted of any of the offenses (listed in Appendix I attached hereto),he or she will not be considered for employment. G. An employee who has been convicted of, or who is under indictment for, any crimes listed in Appendix I or a felony violation of the Texas Controlled V.e. Standards of Care Procedure Page 1 of 12 Substance Act may not be present while children are in care. An employee shall report an indictment or conviction to his or her supervisor. 2. Definitions A. City: City of Southlake B. City Council: City Council of the City of Southlake C. Department: Parks and Recreation Department of the City of Southlake D. Youth Program(s): City of Southlake's Youth Programs consisting of the After School Program, Summer Day Camp Program and other non-school day camp programs which last one week(5 days)or longer. E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Southlake's Youth Programs. F. Director: City of Southlake's Parks and Recreation Department Director or his or her designee. G. Recreation Supervisor: City of Southlake's Parks and Recreation Supervisor or his or her designee. H. Recreation Specialist: City of Southlake's Parks and Recreation Department part- time recreation specialist who has been assigned responsibility to implement the City's Youth Programs. I. Recreation Leader: City of Southlake's Parks and Recreation Department part- time employee who has been assigned responsibility to implement the City's Youth Programs. J. Recreation Aide: City of Southlake's Parks and Recreation Department part-time employee who has been assigned responsibility to implement the City's Youth Programs. K. Program Site: Areas and facilities where the City of Southlake's Youth Programs are held consisting of Durham Elementary, Carroll Middle School, Community Center, The Lodge and other city or school facilities within the City of Southlake. L. Participant: A youth whose parent(s) have completed all required registration procedures and determined to be eligible for the Youth Program. V.e. Standards of Care Procedure Page 2 of 12 M. Parent(s): This term will be used to represent one or both Parents or adults who have legal custody and authority to enroll their child(ren) in City of Southlake's Youth Programs. N. Program Staff: Term used to describe the person or persons who have been hired to have volunteered to work for the City of Southlake and have been assigned responsibility for managing, administering, or implementation of some or all portions of the Southlake Youth Programs: This definition includes recreation specialist,recreation leader,recreation aide and volunteer. 3. Inspections/Monitoring/Enforcement: A. A monthly inspection report will be initiated by the Recreation Specialist of each program to confirm compliance with the Standards of Care. (1) Inspection reports will be sent to the Director for review and will be kept on record for at least two (2)years. (2) The Recreation Supervisor will review the inspection report and establish deadlines and criteria for compliance with the Standards of Care. . B. The Recreation Supervisor will make visual inspections of the program based on the following schedule: (1) Each After School Program site will be inspected bimonthly. This may be scheduled or unscheduled. (2) The Summer Day Camp Youth Program will.be inspected three times during the summer schedule. (3) The other, non-school day Youth Programs will be inspected once during the course of the program. C. Complaints regarding enforcement of the Standards of Care will be directed to the Recreation Specialist.. The Recreation Specialist will be responsible to take necessary steps to resolve problems. Complaints regarding enforcement of the. Standards of Care and their resolution will be recorded by the Recreation Specialist. Complaints regarding enforcement of the Standards of Care will be addressed by the Recreation Supervisor and the complaint and resolution will be noted. D. The Director will make an annual report to the City Council on the overall status of the Youth Programs and their operation relative to compliance with the adopted Standards of Care in the City Complaint Tracking System. V.e., Standards of Care Procedure Page 3 of 12 - L� ,� 4. Enrollment A. Before a child can be enrolled, a parent must sign registration forms that contain the child's: (1) name, address,home telephone number; (2) name and address of parents and telephone numbers during program hours; (3) the names and telephone numbers of people to whom the Child can be released; (4) a statement of the child's special problems or needs; (5) emergency medical authorization; (6) proof of residency when appropriate; (7) a liability waiver; (8) two emergency contacts B. In the event the enrollment of a child will require nursing care or other individualized care, the city shall determine whether these needs can be reasonably accommodated. If the City determines that it cannot reasonably accommodate the child's needs in the program, it shall communicate the determination to the parents. 5. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. Staffing-Responsibilities and Training 6. Youth Program Recreation Specialist Qualifications A. Recreation Specialists will be part-time temporary employees of the City of Southlake's Parks and Recreation Department and will be required to have all Program Leader qualifications as outlined in Section 8 of this document. . B. Recreation Specialists must be at least 21 years old. C. Recreation Specialists must have a bachelor's degree from an accredited college or university or three (3) years of related experience in a supervisory capacity. Acceptable degrees include: (1) Recreation Administration or General Recreation (2) Early Childhood Education (3) Any other comparable degree plan that would lend itself to working in a public recreation environment. V.e., Standards of Care Procedure Page 4 of 12 D. Recreation. Specialists must have two (2) years experience planning and implementing recreational activities. E. Recreation Specialists must pass a criminal and background investigation, as well as drug screens, as required by City personnel policies. F. Recreation Specialists must have successfully completed a course and hold a current card in first aid and Basic Cardiacf Life Support (CPR) based on either American Heart Association or American Red Cross standards. G. Recreation Specialists must be able to furnish proof of a clear.tuberculosis test within twelve(12)months prior to theixiployee date. 7. Recreation Specialist Responsibilities A. Recreation Specialists are responsible for administering the program's daily operations in compliance with the adopted Standards of Care. B. Recreation Specialists are responsible for recommending for hire, supervising, and evaluating Recreation Leaders. C. Recreation Specialists are responsible for planning, implementing, and evaluating programs. 8. Recreation Leader(Youth Program) Qualifications A. Leaders will be part-time or temporary employees oPthe-Parks and Recreation Department. B. Leaders working with children must be_16 or older; however, each site will have at least one(1) employee 18 years or older at all times. C. Leaders should be able to consistently exhibit competence, good judgment; and self-control when working with children. D. Leaders must relate to children with courtesy,respect, tolerance, and patience. E. Leaders must have successfully completed a course in first aid and CPR within four (4) weeks of beginning work based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one (1) staff person at each site, and that person shall successfully complete a first aid and CPR course within four weeks of starting work. V.e., Standards of Care Procedure Page 5 of 12 F. Each leader applicant must be able to furnish proof of a clear tuberculosis test within the twelve(12)months prior to their employment date. G. Leaders must pass a criminal and background investigation, as well as drug screens, as required by City personnel policies. 9. Leader Responsibilities A. Leaders will be responsible to provide participants with an environment in which they can feel safe, enjoy wholesome recreation activities, and participate in appropriate social activities with their peers. B. Leaders will be responsible to know and follow all City, Department, and Program standards, policies, and procedures that apply to the City of Southlake's Youth Programs. C. Leaders must ensure that participants are released only to a parent or an adult designated by the parent. All program sites will have a copy of the Department- approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Leader. 10. Training/Orientation A. The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. The Recreation Specialists will provide each Leader and volunteer with a Program Manual specific to the Youth Program. B. Program employees must be familiar with the Standards of Care for the Youth Program operation as adopted by the City Council. C. Program employees must be familiar with the program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. D. Program employees will be trained in appropriate procedures to handle emergencies. E. Program employees will be trained in areas including City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child psychology, and organization. V.e., Standards of Care Procedure Page 6 of 12 F. Program employees will be required to sign an acknowledgment that they have received the required orientation training. Operations 11. Staff-Participant Ratio A. In a City of Southlake Youth Program,the standard maximum ratio of participants to Leaders will be 10 to 1. In the event a Leader is unable to report -to the Program site, a replacement will be assigned. B. Each participant will have a program employee who is responsible for him or her and who is aware of the participant's habits, interests, and any special problems as identified by the participant's pas- during the registration process. 12. Discipline A. Program employees will implement discipline .and guidance in a consistent manner based on the best interests of the program participants. B. There will be no cruel or harsh punishment or treatment. C. Program employees will use brief, supervised separation from the group if necessary. D. As necessary,program employees will initiate discipline reports to the parent(s)of participants. Parents will be asked to sign the discipline.reports to indicate they have been advised about specific problems or incidents. E. As detailed in the Program Manual, a certain number and/or severe nature of discipline reports may result in the participant being suspended from the program. F. In instances where there is a danger to participants or staff, offending participants will be removed from the program as soon as possible. 13. Programming A. Program employees and volunteers will attempt to provide cultural, educational and recreational programs for each group according to the participants' ages, interests, and abilities. The activities must be appropriate to participants' health, safety, and well-being. The activities also must be flexible and promote the participants' emotional, social, and mental growth. V.e., Standards of Care Procedure Page 7 of 12 // _ �� B. Program employees will attempt to provide that indoor and outdoor time periods (awl to include: (1) alternating active and passive activities; (2) opportunity for individual and group activities, and (3) outdoor time each-day if weather permits. C. Program employees and volunteers will be attentive and considerate of the participants' safety on field trips and during any transportation provided by the Program: (1) During trips, program employees supervising participants must have immediate access to emergency medical forms and emergency contact information for each participant. (2) Program employees must have a written list of the participants in the group and must check the roll frequently. (3) Program employees must have first aid supplies and a guide to first aid and emergency care available on field trips. 14. Communication A. Each program site will have a pager to allow the site to be contacted by Parks and Recreation personnel, and each site will have access to a telephone for use in contacting the Parks and Recreation Department or making emergency calls. B. The Recreation Specialist will post the following telephone numbers adjacent to a telephone accessible to all program employees at each site: (1) City of Southlake ambulance or emergency medical services. (2) City of Southlake Police Department. (3) City of Southlake Fire Department. (4) Bicentennial Park Community Center. (5) Numbers at which parents can be reached. (6) The telephone number for the site itself. 15. Transportation A. Before a participant may be transported to and from city-sponsored activities, a transportation form, completed by the parent of the participant, must be filed with the Recreation Specialist. B. First aid supplies and a first aid and emergency care guide will be available in all program vehicles that transport children. V.e. Standards of Care Procedure Page 8 of 12 // - e��_ Y __ __.. .. ._..... _-— _4 .... C: All program vehicles used for transporting participants must have available a 6- BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. Facility Standards 16. Safety A. Program employees will inspect Program sites daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by the program employees and kept on file by the Recreation Specialist. B. Buildings, grounds, and equipment o "program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. C. Program equipment and supplies must be safe for the participants' use. D. Program employees must have first aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of any off-site activity. E. •Program air conditioners, electric fans, and heaters must be mounted out of participants' reach or have safeguards that keep participants from being injured. F. Program porches and platforms more than 30 inches above the ground must be equipped with railings participants can reach. G. All playgrounds at program sites must meet the U.S-.---Consumer Product Safety Guidelines. H. Program employees must have first aid supplies readily available to staff in a designated location. Program employees must have an immediately accessible guide to first aid and emergency care. 17. Fire A. In case of fire, danger of fire, explosion, or other emergency, program employees' first priority is to evacuate the participants to a designated safe area. B. The program sites will have an annual fire inspection by the local Fire Marshall, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Recreation Supervisor who will review and establish deadlines and criteria for compliance. Coordination with CISD will be done if V.e., Standards of Care Procedure Page 9 of 12 .......................... ........... ....... related to a CISD facility. Information from this report will be included in the Director's annual report to council. C. Each program site must have at least one (1) fire extinguisher approved by the Fire Marshall readily available to all program employees. The fire extinguisher is to be inspected monthly by the Recreation Supervisor who will keep the report on file for a minimum of two (2) years. All program employees will be trained in the proper use of fire extinguishers. D. Fire drills will be initiated at program sites based on the following schedule: (1) A fire drill every three (3) months (Program employees will confer with school staff to ensure that city and school procedures do not conflict). 18. Health A. Illness or Injury: (1) A participant who is considered to be a health or safety concern to other participants will not be admitted to the program. (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. (3) Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the Program Manual. (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. B. Program employees will administer medication only if- (1) Parent(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the city. (2) Prescription medications are in the original containers labeled with the child's name, a date, directions, and the physician's name. Program will administer the medication only as stated on the label. Program employees will not administer medication after the expiration date. (3) Nonprescription medications are labeled with the child's name and the date the medication was brought to the program. Nonprescription medication must be in the original container. Program employees will administer it only according to label direction. (4) Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of program employees. No injections will be administered by the program employees. (awl V.e. Standards of Care Procedure Page 10 of 12 axxxixwdtara+cwuaaxa..e.tuuuunauurwonmuuuuwwuw..wuuuwwuuw uuuwww,W....»w,.,...,....,a.w.u,.x,.aw ---,.,,..-..,.,.».a.e.....w.,...,.,.,.>w........u.,.,.,.+.,....w.......................+......wwwwuu�iiWifil (5) Program employees must ensure medications are inaccessible to participants or, if it is necessary to medications in the ( refrigerator when g available), medications will be kept separate from food. C. Toilet Facilities: (1) The Program site will have inside toilets located and equipped so children can use them independently and program staff can supervise as needed. (2) There must be one flush toilet for every 30 children: Urinals may be counted in the ratio of toilets to children,but they must not exceed 50%of the total number of toilets. (3) An appropriate and adequate number of lavatories will be provided. D. Sanitation: (1) The program facilities must have adequate light, ventilation, and heat. (2) The program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner. (3) Program employees must see that garbage is removed from the buildings daily. (moo, V.e., Standards of Care Procedure Page 11 of 12 . .::.,,..r,.:,.:,.,..,,:..+ ;..;;:.:. _:.. :, .., c o.+.,. .,;,:,, vt....,..;asS.... ..tat r�... . ,. ,.,.... .>.ruc,: .. ,.<..:,; .,...a:.:.. ,v,•. :.:.-, .�oa,,,...,.,:.n,..... ,..,. .,,,......... ..„ APPENDIX I Criminal Offenses from the Texas Penal Code The following constitute criminal offenses included in the Texas Penal Code 19-25 and Section 43: Title 5. Offenses Against the Person Title 6. Offenses Against the Family Murder Bigamy Capital Murder Incest Voluntary manslaughter Interference w/child custody Involuntary manslaughter Enticing a child Criminally negligent homicide _ Criminal non support False imprisonment Sale or purchase of a child Kidnapping Solicitation of a child Aggravated kidnapping Harboring a runaway child Rape Violation of a court order Aggravated rape Sexual abuse Section 43,Public Indecency/Prostitution Aggravated sexual abuse Promotion of prostitution Public lewdness Aggravated promotion of prostitution Indecent exposure Compelling prostitution Rape of a child Obscene display or distribution Sexual abuse of a child Obscenity Indecency with a child Sale, distribution, or display of harmful Homosexual conduct material to a minor Assault Sexual performance by a child Sexual assault Aggravated sexual assault Deadly assault on a peace officer Injury to a child or an elderly individual Reckless conduct Terroristic threat Aiding suicide Tampering with consumer products Pa e12of12 V.e., Standards of Care Procedure g Page is too large to OCR. 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