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1999-11-02 CC Packeti City of Southlake, Texas MEMORANDUM October 29, 1999 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting November 2, 1999 Note: (1) We were served with a petition for writ of certiorari late this afternoon on Shops of Southlake Board of Adjustment ruling. We will discuss this in executive session. (2) Included in your packet under agenda Item No. 4B is the CIP report prepared by Shawn Poe. If you have any questions, please contact Shawn or Ron Harper. 1. Agenda Item No. 5A. Approval of the minutes of the Regular City Council Meeting held October 19, 1999. If you have any changes to the minutes, please discuss these at the work session or notify Sandy LeGrand prior to the meeting. She will bring the amended minutes to the meeting for your consideration. 2. Agenda Item No. 5B. Approve revisions to the Project and Community Matching Funds Policy. As noted in the agenda item cover memo, the proposed revisions clarify questions that have arisen regarding whether or not a petitioning organization was required to have funds on hand at the time of its request. SPDC and Park Board approved the revisions to the policy, in effect allowing an organization six months to raise its necessary contribution once the requested project is approved for match funding by SPDC. Questions about this item should be directed to Kevin Hugman. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 2 of 23 3. Agenda Item No. 5C. Resolution No. 99-75, Supporting creation of a Library Foundation and naming a City Councilmember to the Board of Directors. As you know, we are actively in the process of planning and designing Southlake's first public library, to be located in Town Hall. This facility has been planned as an interim solution, with long-range plans to construct a larger facility that will meet the needs of Southlake's ultimate expected population of 38,000 residents. To raise funds for construction of a permanent library, the Library Board has researched the idea of a Library Foundation, and recommends establishment of such an organization. This organization would be separate from the City, but would serve to raise public and financial support for a City library. The Library Board also recommends that the Board of Directors consist of one City Council member, one Library Board member and other community leaders yet to be determined. This item is placed on your agenda to allow the City Council to voice its support of a Library Foundation, and to name a City Council member to the Board of Directors. Please call Steve Polasek if you have questions or comments about this item. 4. Agenda Item No. 5D. Participation funds to Metroport Cities Partnership for continued support of transportation advocacy initiatives. As you know, over the past several years the Metroport Cities Partnership has actively advocated the accelerated construction of various transportation projects benefiting Southlake. The partnership is undergoing a fund-raiser to refurbish diminished funds for continued advocacy of transportation initiatives in our region. It is my recommendation that we continue to be active in supporting this cooperative effort. Feel free to contact me or Greg Last should you have any questions. 5. Agenda Item No 5E. Award of bid to Parrott Communications for fiber optic network installation. The fiber optic network was discussed in some detail during your budget work sessions. As we pointed out at the time, the current network is a 0 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 3 of 23 "radio frequency" network which no longer meets our data transmission needs and creates all kinds of problems for our staff who utilize the network. We jokingly say that trying to meet our current needs with the RF network is like trying to shove an orange through a straw: It simply doesn't work. Your approval of this item will allow us to move forward with the installation of a fiber optics network that will drastically improve the efficiency of the network. Two points are worth noting. First, this system has been designed to accommodate our needs at Town Hall. Thus, we are asking you to expend funds on an item that we will be able to use into the future, even after we move to Town Hall. Second, although we only received one bid, it was a very favorable bid of $84,919.82. Recall that we budgeted $100,000 for this purpose. There was respectable interest in the project (we sent out six packages upon request and answered numerous questions from potential vendors), however, only Parrott Communications chose to bid. For this reason, we do not believe re -bidding the project would give us better results. We have checked references and are comfortable that Parrott will do a good job for us. Please let John Knight know if you have questions. 6. Agenda Item No. 5F. Authorize the City Manager to enter into a contract with New World Systems for a wireless connectivity system. As pointed out in the memo from John Knight, this contract will address our need to upgrade the non- Y2K compliant system currently in use by DPS. When we went out for bid for our citywide software, we included this item in the bid package. New World was the low bidder and received the city's contract, which included language to "lock in" the price for the proposed system. The total cost will be $115, 971, as budgeted. Please let John Knight know if you have any questions. 0 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 4 of 23 7. Agenda Item No. 5G. Authorize the Mayor to enter into agreement with Avalon Financial Services to coordinate bid process for depository services contract. As noted in Sharen Elam's memo, the City's current bank depository contract expires February 1, 2000. Avalon Financial Services can assist the City to obtain the most favorable and cost-effective contract possible for the City. Please contact Sharen if you have any questions. 8. Agenda Item No. _5H. Award of bid for printing of recreation catalog and rejecting all bids for printing of City newsletter. City Council directed staff to go out for new bids on these items last month and to expand the vendor list. We mailed specifications to 16 vendors but only received two bid packages. When contacted, some of the non -bidders indicated that they were not comfortable with the five - business -day turnaround while others said that a tabloid -sized product (the newsletter) could be produced more affordably on a web press, which none of our local printers has. Staff is prepared to recommend that Council award the printing contract for the recreation catalog to the low bidder, Global Group, but will be asking Council to reject all bids for the city newsletter and to authorize a new advertisement for bids targeting a different list of vendors, as detailed below. Regarding the recreation catalog contract, Global Group has been printing the catalog for the past two years and submitted a bid for this year that does not include a significant price increase. We also asked vendors to bid on an optional item that would require them to sort and box the catalogs and deliver them to the post office. Although the Global Group bid for this option is $156 over the catalog's printing budget, we believe it is the most cost effective option because those mailing services currently are performed by four recreation staff members over the course of two n Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 5 of 23 days. Global Group can perform that work more quickly and at a lower overall. cost. The newsletter bids present a different situation for Council. Alphagraphics was clearly the lower of the two bidders, but there were a series of math errors on the Alphagraphics bid sheet. The bid specifications clearly state that, in the event of a math error, the unit price shall be considered correct; however, Alphagraphics did not want to apply the unit price and so opted to withdraw its bid. Since the owner declined to submit a written request to withdraw the bid, our attorneys are not comfortable awarding to the second bidder. Staff proposes going out for telephone bids for the December issue of the newsletter, specifically targeting printers known to have a web press, and sending out new requests for bids during December to cover the entire 2000 calendar year. Telephone bids received from two web -press printers last week both came in lower than the Alphagraphics bid for one issue, so this option also should keep us under budget. The only legal option on the newsletter bids, since awarding to the second bidder is not advised, would be to award the contract to Alphagraphics. However, the owner of that business has indicated that he will not honor the unit prices quoted in his bid. If you have any questions about these bids, please call James Kunke. 9. Agenda Item No. 5I. Authorize the Mayor to enter into an Agreement for Community Services with the Women's Shelter. As with the other community services agreements we have brought before you, this agreement is for fiscal year 1999-2000. It will provide $1,000 in funding to the Women's Shelter, a non-profit organization providing assistance and a variety of services to victims of family violence. The amount of funding is the same as the previous year, and is the amount assumed in the approved FY 1999-2000 budget. The agreement last year, 4 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 6 of 23 however, was with the Women's Haven of Tarrant County. Since that time, DPS Community Services Officer Carrie Fullington has recommended using the Women's Shelter because of better responsiveness and wider range of services provided to victims. The Women's Shelter has reviewed the agreement and concurs with it. A representative of the organization is expected to be at your meeting on Tuesday to answer any questions you may have. Please contact Kevin Hugman with questions on this item. 10. Agenda Item No. 5J. Approve the appointment of Ron Harper as Director of Public Works. As pointed out in the packet memo, the City Charter provides that the City Manager shall appoint department heads subject to the approval of City Council. It is my belief that Ron has demonstrated the ability to carry out the responsibilities of the position of Public Works Director. Please let me know if you have any questions prior to the meeting. 11. Agenda Item No. 5K. Resolution No. 99-76, Adoption of an Annexation Plan. The 761h Legislature passed Senate Bill 89, making extensive revisions to the Annexation Act. The bill amends Chapters 42 and 43 of the Local Government Codes and greatly impacts home rule cities, although the City of Southlake anticipates no annexations in the future. There is one aspect of the law that does affect Southlake, however. The bill requires an annexation plan whether or not a city has an ETJ, or not or plans for future annexation. The annexation plan must be posted on the city's Web site, if the city has one. If a city has no ETJ, or plans no annexations required to be in an annexation plan, the plan can simply make that statement. All cities must have an annexation plan in place before Dec. 31, 1999. The resolution in your packet was 0 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 7 of 23 prepared by our city attorneys to satisfy the requirements of SB 89. Please let Shana Yelverton know if you have any questions about this item. 12. Agenda Item No. 5L. Authorize the City Manager to enter into a lease agreement with Lanier Corporation to provide copiers for city facilities. It is tough to think of any equipment that gets more use in our offices than our copiers. You will recall budgeting funds for additional copiers to replace some of the old models that are, down frequently and to provide additional copiers for the increased volume. Your approval of this lease agreement will help ease the maintenance situation, as well as alleviate the down time we often experience as a result of over usage of the machines. Please let John Knight know if you have any questions about this item. 13. Agenda Item No. 7A. Ordinance No. 754, 2°d Reading, Amendment to the City's Master Thoroughfare Plan, to provide for a connecting street between White Chapel Boulevard and North Peytonville Avenue. This item proposes amending the City's Master Thoroughfare Plan by adding a 50' right-of-way along the north portion of Carroll Junior High and Durham Elementary, between White Chapel Boulevard and Shady Oaks, continuing with a 64' right-of-way, two-lane collector between Shady Oaks and Peytonville Avenue. This item was approved 5-0 by the P&Z, with the stipulation that a SPIN meeting was to be held before City Council's first reading. This meeting was held on August 26 and was attended by approximately 80 residents from the affected areas. A memo is included in your packet which further describes the proposal. The City Council approved the first reading of this item (6-0) on September 7, 1999. This item was tabled by Council at the Sept. 21, 1999, to give staff time to consult with a traffic engineer on the characteristics of travel in that area. Preliminary results will be presented at a Sunday SPIN meeting (10/31) and 0 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 8 of 23 included in an updated memo prior to Tuesday's Council meeting. Contact Chris Carpenter or Ron Harper regarding this item. 14. Agenda Item No. 7B. ZA 99-087, Site Plan for Chick-Fil-A. This proposal is located at the southeast corner of East Southlake Boulevard and South Kimball Avenue. The plan proposes a 4,211 sq. ft., 118-seat restaurant. This is the final pad site for the 4-lot Perry/Allen retail development. A copy of the approved Concept Plan for this development is included in your packet. The primary issues discussed during the Planning and Zoning Commission meeting were with regard to a storage building attached to the dumpster, and the driveway intersecting South Kimball Avenue. The storage building does not comply with the "pitched roof" standards for buildings 6,000 sq. ft. or less and the Commission did not feel that the storage building was appropriate. The purpose of the building is to store equipment for cleaning their parking lot. Mr. Wang, a South Kimball resident, was present at the meeting and voiced concern with the drive on Kimball and the effects on traffic and safety. The Commission felt that the driveway should be widened to 35' (the driveway was proposed at 28'), straightened and stacking depth increased. The Commission also recommended eliminating the south parking space on the west side of the west driveway; eliminating the west parking space on the south side of the south driveway; and moving the dumpster 9' east. The Commission also asked the applicant to meet with the resident and any others in the area that had concerns to ensure that these changes addressed all their issues. The applicant did contact SPIN prior to their formal application and was told by the SPIN representative that no meeting was necessary. Since the Commission meeting 0 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 9 of 23 the applicant has re -contacted the SPIN 7 representative and Mr. Wang to set up a meeting. It has been determined that a meeting will not be able to be held prior to the City Council meeting. Mr. Wang does not feel that this is a problem. A letter from Mr. Wang to the applicant is included with your packet. He has also said he will be present to speak at the Council meeting. The applicant is willing to make the recommended changes to the Kimball driveway, but is still requesting a variance for the roof of the accessory building. The applicant also is requesting a variance to the "pitched roof" requirement for the principle building. A mansard -type roof with a "pitched roof" appearance is proposed to allow an area on the rooftop to place mechanical and ventilation equipment. This is similar to the roof type on the Taco Bueno building located east of this site. A variance to the construction material of the dumpster also is requested, proposing a "split face" concrete block similar to the retaining wall on the south rather than a material similar to the principle structure as required by Ordinance. The Planning and Zoning Commission recommended approval (6-0) subject to the plan review, amended as noted in the staff report. Contact Dennis Killough regarding this item. 15. Agenda item No. 8A. Ordinance No. 480-317, 15` Reading, ZA 99-057, Rezoning and Development Plan for Crown Ridge Addition. The original request for this item was a zoning change from "AG" Agricultural District to "RPUD" Residential Planned Unit Development. The plan proposed 85 residential lots on 63.4 acres of land with a density of 1.34 dwelling units per acre. The land use designation for this area according to the Land Use Plan is "Low Density Residential." The Planning Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 10 of 23 and Zoning Commission recommended denial (7-0) on Sept. 9, 1999. Its concern appeared to be density and compliance with the Land Use Plan. This item has been tabled for first reading at City Council since the Sept. 21, 1999, meeting while the applicant re-evaluated its development of the property. The applicant sent a letter to the City amending its request to a zoning change from "AG" to "SF-1A" single family residential. The amended request is in compliance with the Land Use Plan and appears to have support of the nearby residents. Since this zoning district is more restrictive than the previous request and no plan is required for a change of zoning to "SF -IA," staff feels that this item can continue in the process without re -advertising and going back to P&Z. It also should be noted that the applicant still intends to bring sewer up to the property. Despite the amended request, since the Planning and Zoning Commission recommended denial, a super majority vote to approve is required for approval of this item. Contact Karen Gandy or Dennis Killough regarding this item. 16. Agenda Item No. 8B. Ordinance No. 761, 1" Reading, an ordinance amending Ordinance No. 682 relating to the manner of appointment and terms of office of the members of the Board of Directors of the Tax Increment Reinvestment Zone Number One. These amendments to the TIRZ Board section of the ordinance creating the reinvestment zone allow for the clarification of issum related to the TIRZ Board appointments that have been identified over the past two years. The changes clarify the board members' terms of office as two years rather than three years, allows for a provision to remove members from office, and clarifies that the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 11 of 23 TIRZ Board members who are also City Councilmembers shall serve until their term of office as a City Councilmember expires. The City Council will continue to appoint eight members to the board of directors of the TIRZ, and the governing bodies of each of the taxing units participating in the TIRZ shall each appoint one member to the board. As you recall, the participation agreement with the CISD calls for the City to allow the School District to name one of the City's appointees to the. Board of Directors of the Reinvestment Zone. The City Council may wish to consider adjusting the timing of the terms of office of the board. In so doing, this ordinance would tie the board membership to the terms of City Councilmembers, with the terms of office to begin in May. The City Council would then be able to make appointments to the TIRZ Board consistent with other board appointments. If this is the Council's desire, the ordinance will be revised to reflect the new terms before second reading. Please contact Shelli Siemer if you have any questions. 17. Agenda Item No. 9A. Resolution No. 99-77, Designating Southlake's nominee to the Tarrant Appraisal District (TAD) Board of Directors. Tarrant Appraisal District would like to receive our official ballot by Nov. 15, 1999. The City is entitled to cast 28 votes, collectively or separately, for any of the nominees for the Board of Tarrant Appraisal District. In 98-99 fiscal year, the City supported/nominated Mr. Mike Davis to serve as a Director of the Tarrant Appraisal District Board. Mr. Davis is asking for the council's support again for the current election. (See letter attached from Mr. Davis.) Please contact Sharen Elam if you have any questions. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 12 of 23 18. Agenda Item No. 9B. Appointing three members to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One of the Citv of Southlake. This item is on the agenda in order to fill the vacant positions on the TIRZ Board that were created by the resignations of Scott Martin, Ralph Evans, and Buddy Luce. As you recall, the recent participation agreement with the CISD asked for the City to allow the CISD to name one of the City's appointees to the Board of Directors of the Reinvestment Zone. Dr. Ted Gillum indicated School Board President Susan Logan will fill this position. The remaining two vacancies can be filled by City Councilmembers Rex Potter and Patsy DuPre. The other five positions on the TIRZ Board are currently filled by the five other City Councilmembers. The City Council is currently considering Ordinance No. 761 to amend the TIRZ Board appointment process and terms of office. If the City Council determines a need to adjust the timing of the terms of office of the board to make appointments to the TIRZ Board consistent with other board appointments, then we will come forward with another resolution in May to appoint the TIRZ Board members and redefine the terms of office. The reason we are pursuing this resolution at this time is to allow for a TIRZ Board meeting some time in November. This meeting will be held prior to second reading of the ordinance clarifying the board appointment process and terms of office. You should also note that at its last meeting, the TIRZ Board appointed Rick Stacy as the temporary Vice Chairperson because Chairperson Scott Martin resigned. The statute defines that the City Council appoints the Chairperson of the TIRZ Board to begin office in January of each year. Since the City Council will need to appoint a Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 13 of 23 new Chairperson in January, the temporary Vice Chairperson will preside at the next TIRZ Board meeting. Please contact Shelli Siemer if you have any questions. 19. Agenda Item No. 10A. Authorize the Mayor to execute a developer agreement for Versailles Phase III. The preliminary plat for Versailles Phase III was approved on June 1, 1999. Versailles Phase III is located along the east side of South Carroll Avenue between the Oak Tree Addition and Versailles Phase I. Versailles Phase III will have no direct street access to South Carroll Avenue. To continue the construction of the east half of South Carroll Avenue, City staff is requiring the developer to construct the east half of South Carroll Avenue across the frontage of Versailles Phase III. As you will recall, the Traffic Management Bond Program included the construction of South Carroll Avenue from FM 1709 to approximately 1,000 feet south. This would leave only a short section of South Carroll Avenue along the Oak Tree Addition unimproved. The estimated cost of the construction of the east half of South Carroll Avenue along Versailles Phase III is $129,504.06. The developer is requesting that the City reimburse it for the construction of the east one half of South Carroll Avenue by giving credit on its roadway impact fee of $54,000, reimbursing the inspection fees in the estimated amount of $29,370.00 and paying the remaining $46,134.06 in cash reimbursement. In the previous construction of Versailles Phases I and II, the developer constructed the east half of South Carroll Avenue and the City gave the developer credit on the perimeter street fees and roadway impact fees that were chargeable to those subdivisions. The Council may wish to continue that level of participation in Versailles Phase III. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 14 of 23 The remainder of the developer agreement contains the standard requirements for the construction of public water, sanitary sewer, street and drainage improvements in a residential subdivision. The developer will pay a park fee of $1,000 per lot, which is $46,000, per Park Board approval. Please contact Charlie Thomas with questions on this item. 20. Agenda Item No. 10B. Authorize the Mayor to execute a developer agreement for the Sabre Group Campus, Lots 1-4, Block 1. The developer agreement covers the development of the Sabre Group Campus and includes the following: • Sabre will construct the relocation of the 12-inch water line and the City will reimburse Sabre for the relocation cost. • Sabre will construct Kirkwood Boulevard as a private street. The City will inspect the construction to ensure that it is constructed to City standards, and Sabre will pay administrative processing and inspection fees to the City. • Sabre will be allowed to clear pad sites for Phase I before the site plan is approved. • Sabre will be able to use the access to North White Chapel Boulevard for construction traffic for the first six months of constructions, but would require City Council approval for use beyond six months. ON Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 15 of 23 The Park Board approved the dedication of 3.61 acres of public park, construction of a pedestrian bridge within the dedicated park area to provide access across the South Kirkwood Branch, and responsibility for the reasonable costs and expense to complete the engineering design of a trail within the dedicated park area by Sabre. If you have any questions regarding this developer agreement, please contact Charlie Thomas. 21. Agenda Item No. 10C. Authorize the Mayor to execute a developer agreement for Kirkwood Hollow Addition, Phase II. This is the City's standard residential developer agreement. The agreement covers the construction of public streets, drainage, water and sewer improvements. In 1988, the City entered into a developer agreement that covered the construction of the Dove / North White Chapel Boulevard elevated water tank and an 18-inch water main in West Dove Street. That agreement credited the developer with $839,151.90. In 1997, the developer agreement for Kirkwood Hollow Addition, Phase I approved credits for fees as an offset against the previous water improvements cost in the amount of $277,962.00, reducing the amount due from the City to the developer to $561,189.90. This agreement would approve an estimate of credits in the amount of $152,974.00, which will reduce the amount due from the City to the developer to $408,215.90. It is anticipated that when the Kirkwood Hollow Addition, Phase III developer Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 16 of 23 agreement is complete that the amount due on the original credit will be further reduced. The approved development plan for this Addition requires the developer to construct an 8-foot wide trail along North White Chapel Boulevard. Since the Traffic Management Bond Program will be constructing a trail along North White Chapel Boulevard within the next year or so, it seems appropriate to require the developer to pay to the -City the estimated cost of the 8-foot trail and the City build the required trail at the time the rest of the trail along North White Chapel Boulevard is constructed. That estimated cost is $28,600. If you have any questions, contact Charlie Thomas. 22. Agenda Item No. 10D. Authorize the mayor to execute a developer agreement for Crossroads Square, Lots 2R1, 2R2, and 4R. This is the City's standard commercial developer agreement. The agreement covers the relocation of public water and sewer lines to accommodate the construction of the new building. The agreement also includes requirements of the "Exchange Contract" between the City and Crossroads Square, Ltd. such as: • Remove and replant existing trees, from the land that was exchanged, in the locations within Bicentennial Park. • Plant new trees if those cannot be replanted. • Remove and relocate jogging path from land that was exchanged to a location within Bicentennial Park. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 17 of 23 • Remove the sand volleyball court from the land that was exchanged and re- construct in Bicentennial Park. • Relocate any signage from the land to be exchanged to Bicentennial Park. • Protect the trees in the area identified as "No Development" in the northeast corner of site. Since this section of North White Chapel Boulevard will be under construction at the same time as the shopping center improvements, the widening of the existing asphalt pavement will not be required of the developer, but the Council may want to require the developer to pay the City for a portion of what it was going to cost to do the temporary widening. If you have any questions, contact Charlie Thomas. 23. Agenda Item No. 10E. Authorize the Mayor to enter into a seven-year lease/purchase agreement between Motorola, Inc., and the City of Southlake for 800 MHz radios and consoles for police services. Radio communication for all employees citywide is provided 24 hours a day through the Department of Public Safety communications center located at 667 North Carroll. Current radio consoles were purchased around 1987 and have been updated through the years. New technology has made these radio consoles obsolete and they will not upgrade for Y2K compliance. Replacement of the equipment is proposed with new technology expected to last for the next 15 to 20 years at a cost of $894,678.89. We plan to purchase the equipment through a lease with Motorola for seven years with annual lease payments of $127,811.27. Please see the attached memo from Garland Wilson or contact him for questions or comments. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 18 of 23 24. Agenda Item No. 10F. Authorize the Mayor to enter into a renewal contract between Euless B&B Wrecker and the City of Southlake for emergency and non - emergency wrecker services. The quick removal of vehicles involved in accidents from our roadways is paramount to providing safe roadways for our community. B&B Wrecker Service (B&B) has provided towing service for the City of Southlake for five years. Its contract with the city expires November of this year. B&B's performance has been satisfactory throughout its five-year relationship with the city. As you may recall, B&B has participated in several training exercises in the past with DPS and responded, at our request, to all major race events for stand by. Renewal of the contract will continue quick and efficient towing service for the city and our residents. The contract may be cancelled with a 30-day notice from either party. Please contact Garland Wilson for questions or comments you may have. 25. Agenda Item No. 10G. Authorize the Mayor to enter into Amendment #3 with Cheatham and Associates for architectural and engineering services relating to proposed improvements at Bob Jones Park. The agenda item cover memo explains this item and the potential scope of services to be included. SPDC will hold a special meeting on Monday, Nov. 1 to consider the five-year Parks Capital Improvements Plan (CIP), including the Bob Jones Park development project. SPDC will also consider the amendment to Mr. Cheatham's contract, and the construction budget for Bob Jones Park. As noted in the cover memo, some of the items to be included in Mr. Cheatham's contract include components that were approved as part of the Texas Parks and Wildlife grant award of $500,000. These items, therefore, are required to be done to attain the grant reimbursement. The other items are components that had not been budgeted for, but will serve to complete this phase of Bob Jones Park development. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 19 of 23 Cheatham and Associates was selected by staff due to its familiarity with Bob Jones topography and existing park components, the design work to date on components not yet constructed, and the fact that most of the components to be designed and constructed are civil in nature. Mr. Cheatham has also engaged the services of other architects familiar with park facilities to assist with the design of certain portions of the project, such as the amphitheater. If you have any questions, please feel free to contact Kevin Hugman. 26. Agenda Item No. 11A. Discussion, Ordinance No. 585-13, Amending Ordinance No. 585-A, Tree Preservation Ordinance. Refer to the attached memo from Malcolm Jackson. The City adopted its first Tree Preservation Ordinance in 1993, and amended it in 1997, hiring the City's first Landscape Administrator soon afterward. As a part of the application and enforcement of the ordinance provisions, we have discovered areas that need to be streamlined to simplify the enforcement aspect, as well as a need to close some loopholes to ensure we achieve the desired results. In a related review of the Zoning Ordinance, there is some language that is somewhat confusing and ambiguous for calculation of requirement related to an additional 5 % of impervious coverage in non-residential districts that can be addressed simultaneously. The comprehensive review of the Ordinance conducted with Councilmember Debra Edmondson, Keith Martin and Malcolm Jackson provides several recommendations to achieve those objectives of the original ordinances while enhancing extra space the efficiency and effectiveness of the application of their procedures. Please contact Malcolm Jackson with questions or comments about this item. 27. Agenda Item No. 11B. Ordinance No. 480-JJ, Amending the Comprehensive Zoning Ordinance with regard to impervious coverage requirements for non- residential districts. The City adopted the Comprehensive Zoning Ordinance in Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 20 of 23 1989 and amended the ordinance in October 1998 to address limits and requirements for impervious coverage in non-residential districts. As a part of the comprehensive review of the Tree Preservation Ordinance, Councilmember Debra Edmondson has recommended that the impervious coverage section be amended to eliminate the option of an additional 5 % of impervious coverage as well as remove the ambiguous language in the remaining portion of the section. A copy of that change is included in your packet along with the Tree Preservation Ordinance changes. Please contact Malcolm Jackson or Karen Gandy with questions about this item. Other Items of Interest 28. Joint P&Z/City Council Meeting. This meeting has been set for Thursday, December 2, 1999. You will receive a packet soon, but please pencil in this meting on your calendar. 29. The second household hazardous waste collection event was held on Oct. 2, 1999 at the St.- Martins -in -the -fields on South Pearson. This event was unique in that the cities of Southlake and Keller conducted it as a joint event. Participating were 100 residents from Southlake resulting in $14,550.00 of hazardous materials collected and 137 residents from Keller resulting in $14,900.00 of hazardous materials collected. All participating residents from both cities were asked how they became aware of this event and how often it should be offered. The responses indicated that most residents were made aware of the event by brochure mailing (135 people) and the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 21 of 23 newspaper advertisement (58 people). Most residents felt this program should be offered semi-annually (90 people), while others preferred annually (68 people). The program was again a great success, proving its value and necessity. Rick Black is currently reviewing a different avenue of hazardous materials collection recently made available by the City of Fort Worth which may prove to be more economical and more efficient for the residents of Southlake. We will provide you with more information upon full review. You may contact Garland Wilson or Chief Black for more information or comments. 30. Following are some items related to Economic Development that you might be interested in. • Commercial Developer's Roundtable: Commercial Developer's Roundtable meeting scheduled for Dec. 3, 1999, at City Hall from 10:00 a.m. to noon. Contact Greg Last or Stefanie Wagoner if you plan to attend so they can ensure enough seats. • Site Selection Magazine Coverage: Attached is an article from Site Selection magazine, which receives international distribution to the vast majority of all professionals in the relocation and corporate site location industry. The section attached is a special section on Texas. Southlake received good coverage on the Sabre project as noted on page 1044, as well as our congratulatory advertisement on page 1055. This advertisement was also mailed as a postcard to more than 330 critical contacts in the DFW market and throughout the state. • StarCenter Progress: Stars officials have offered to give a tour of their Valley Ranch facility if anyone is interested in attending. Contact Greg Last Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 22 of 23 if you are interested in visiting that facility. Also, feel free to contact Greg if you would like an update on progress on this project. 31. Upcoming Events: • A second citywide SPIN meeting will be held on Sunday, Oct. 31, 1999 at City Hall at 2:00 p.m. This follow-up meeting will discuss the proposed amendment to the Master Thoroughfare Plan. • Nov. 1, 5:30 p.m., JUC meeting • Nov. 1, 6:00 p.m., special SPDC meeting @ City Hall Council Chambers • Nov, 2, 7:30 a.m., Executive Forum @ Mi Cocina • Nov. 3, 7:30 - 9:00 a.m., Breakfast with David Laney, Chairman, Texas Transportation Commission @ Texas Motor Speedway - The Speedway Club. • Nov. 3, 6:00 - 8:00 p.m., Annual Joint Chamber Chili Cook Off @ Classic Chevrolet in Grapevine. • Nov. 3, 7:00 p.m., Crime Control and Prevention District meeting @ City Hall Council Chamber • Nov. 4, 4:30 p.m., City Council Committee meeting - Growth Issues @ Admin. Conference Room • Nov. 4, 6:30 p.m., City Council Committee meeting - Strategic Planning @ Admin. Conference Room 32.Other attachments to my memo: • Memo from Kevin Hugman regarding Teen Center • Texas Department of Transportation SH 114/SH 121 Study Newsletter, October 1999 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting November 2, 1999 Page 23 of 23 • Fastest -Growing Metroplex Cities List • Metroport Transportation Partnership Program narrative • Newspaper article regarding hazardous waste collection • Thank you notes 11 Staff Extension Numbers: Campbell, Billy, City Manager, ext. 701 Elam, Sharen, Finance Director, ext. 716 ,�. Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, Public Works Director, ext. 779 Hugman, Kevin, Director of Community Services, ext. 757 Jackson, Malcolm, Administrative Operations Coordinator, ext. 726 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Director of Economic Development, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Martinson, Lynn, Assistant Finance Director, ext. 833 Polasek, Steve, Deputy Director Community Services, ext. 772 Queen, Courtney, Community Services Coordinator, ext. 827 Safranek, Lauren, Director of Human Resources, ext. 836 Siemer, Shelli, Assistant to the City Manager, ext. 806 Thomas, Charlie, City Engineer, ext. 814 Wilson, Garland, Director of Public Safety, ext. 735 Yelverton, Shana, Assistant City Manager, ext. 705 M:\WD-FILES\Campbell\Meetings\99-11-02.doc THE GLOBAL MAGAZINE OF BUSINESS STRATEGY �■ g ■ 5 - ---- -- cl lo'm ee NO"BER 1999 www.siteselection.com .S f The _ • U.S.: Yd bliet Mo 3usir rope Top Tech ifinin ons: Fr Virgl Europe, Indiana m ` Big on Business Texas. The Lone .Star State makes major basines climate rhan`Tec and allo�:,s companies to ,rroa7' li,(c rello'a2, Texas roses throe rhont the state. E t-\11iill'-,Tlviii I,i; n',?ItsIt, a - :tIt(. fillI (It hl� l.II-S hi'; II(III >- al,i hi, h.lts. - Itla\b(' th:lt all t:i., 't? pictIIrc 11-(mi tho (1:1\ vvIts one (II tltc Ilott( It . `ll : •�;>itm. l,nt t?Ii•rc i> ,: ,lllc tt-I;tll 1-cl TAk to •..(\ it III oIll lt- 11111IIU11 '; ItI to it l,it >tatt' t!I;It .111-t'.u1A Matt' i>i.lti\l• .10, I-('l)r(•scllt tits• ('„III- nlitIIw]It t(I crc AIII,.! tiit' l)(-t hrl.irl(•> clirlllltc h(Issihll . In fact. To, \,I' r(nIl cd \o. _ ()\(,roll it, `if I' titan Busincss (lirll:ltr li,utl i r_- I(\ass has al\\a\, hccn \tr, 1:,'t•III\ nv,uc (,( \vlilt it t:lnr. to :l'tract .I�n? 1: ''!,. �It'rt• .. �;l\� l'I1111 (_.,lt ('>. ,i� It't \t'll"7 ('t'� I)I',151u11. Mallltll' I; '�"l 1 CoM!rul 1111(i II;IAIII'-T! a111lll,'' '.:III,:IIr_„ tl a t()t,I tl\ hl 1-(it'l l ln;_,'�t tlliur Aa remit of C.ov. Bush's si(*llim_ `;('ll,it( Bill 441 hosier ssc� vv;11 rtl( y .(\I'rll l?ifirrrut tvlxs of t:-\ Fiat. tit' hill allo\\'s t(Ir a s:tl('s t.0 \( IIIpttot I ,)II tllt first S 5 a Itluit! I 1Ito '1-Iit'I ac('('., ci I'll I"",- a francllist ;. flit 1<11 huqnt ::(': that vnhsi(lir(- l',,',c' It tl 1t':1' CIIIt11l'\-('l'? :ll 111 al I(,�'. I 1,. tlllltto)l ant >urul :I"•�- AAl:'.I Ll-'�.. I'I 'l'i'1�1{� tIf ll'\> ..... ,(l_11(I(?. �I:O of tl lt'1(' �11[,III tr;tl 11111 x' t:l\('?. .. (If l(I\\ tl I,.\ llt,tI t u\tt R W 111111500 Manufacturing is showing signs of picking up in El Paso, with the recent announcement by Hoover to add 500 new jobs to its work force. says Gov. Bush. "Small business is the backbone of our economy. Texas must continue to create an environment in which entrepreneurs can flourish, and the small business tax exemption helps do that." For the larger firms, other tax cuts take front stage. Primary among those is the $70 million research and devel- opment tar credit. The bill also created a $45 million investment credit and a franchise tar exemption for any busi- ness that creates at least 10 jobs or makes a capital investment in high - unemployment, low -wage areas. Cost -Conscious Legislation Tares, however, weren't the only cost-cutting bills to pass through the state's latest legislative session. Gov. Bush also signed into law the utility deregulation bill, which will make Texas a deregulated state by 2002. The process will be phased in gradually, and as of Sept. 1 of this year, utilities were required to freeze basic electric rates at current prices until Jan. 1, 2002. Texas legislators also extended the Smart jobs Program, the state's job training program. Smart jobs was scheduled to sunset this year, but instead it was extended for another 10 years. The funds allocated for the pro- gram have grown significantly over the years, from $3.5 million in 1993 to the current $103 million. "[Legislators] also authorized the use of [Smart jobs] dollars for job training," says Gene Richards, director of corpo- rate expansion and recruitment for the Texas Dept. of Economic Develop- 1042 November 19% SITE SELECTION ment. "So that's just one more thing the local communities can use those dollars for. If training is critical for a company, the communities will be able to have state training dollars come into play." To further enhance the state's labor force, Gov. Bush signed a $3.8 billion public education bill. Specifically, the bill includes a $1.7 billion across-the- board pay increase for teachers, $900 million aimed at stopping social pro- motion and $1.2 billion to hold down future school property tar rate increas- es. The Labor Challenge The problem for most communities, however, is not the training or educat- ing of labor, but where to find labor. Texas, like practically every other part of the country, is experiencing a boom- ing economy and a tightening labor market. Between June 1998 and June 1999 the state recorded a net gain of 237,700 jobs, an increase of 2.7 per- cent. Meanwhile, the unemployment rate dropped from 5.7 percent to 5.4 percent. Luckily, Texas is a rapidly growing state. In fact, it became the second most populous state in 1994, and its population is expected to reach 33.9 million by 2030. "We've created something like 85,000 jobs here [in the Dallas/Fort Worth area] in the past 12 months," says Gates. "That's awfully strong. And in 1998, the statistic was in the neighborhood of 300 families a week moving into the metro- politan area. And this is the case in Austin and San Antonio as well." New Power Plant Energizes Texas Oil Town Texas is known for its booming oil towns, but with the long decline in oil prices, many Texas cities are looking outside their "natural" industry to more diversified businesses. And Odessa, Texas, is no different Located in the heart of the Permian Basin, the second-largest oil -produc- ing region in the world, it comes as no surprise that Odessa and Ector County's success has followed that of the petroleum industry. But in an effort to expand beyond such a limited industry base, Odessa has landed a major investment that will change the face of Ector County forever. Texas Independent Energy (TIE), a joint venture of Panda Energy International of- Dallas and PSEG Global of New Jersey, will build a US$300 million, 1,000 megawatt, nat- ural gas -fueled electric power gener- ating plant in the county. The project, to be known as the Odessa/Ector Power Partners, is one of a new breed of merchant power plants authorized by federal legislation to generate and sell electric power in the wholesale market TIE officials say the project will cre- ate 650 jobs during construction and 46 permanent jobs once completed. The plant will have an annual payroll of $2.3 million and will generate $4 mil- lion in additional taxes each year. Many incentives, primarily tax abatements, were offered to TIE in order to win the facility. The final package included 100 percent tax abatement for eight years. "Wirth pro- jects like this there is a lot of debt associated with them," says Taylor Cheek, director of business develop- ment for Panda Energy. "The abate- ments help in our debt payments, because the margin is a little bit tighter. The abatements make the pro- ject stronger." The plant is expected to make $5 million in local purchases a year once the plant is operational. Neil McDonald, director of economic development for the Odessa Chamber of Commerce, says the plant's eco- nomic effect will initially be $627 mil- lion and will create an estimated 247 residual jobs. i (taw El Paso recently spent $60 million to revitalize its El Paso Intemational Airport. Doing Business Texas -style Although Texas has passed several business friendly acts in the past rear, the real business incentives don't come from the state level. "The state has a job training program and that has eco- nomic incentives associated with it, but incentives tend to be based on the municipal level," Gates says. The state also doesn't target any par- ticular industries with its wide-ranging incentives. The target industries are dependent on the particular markets. This is due, in part, to the sheer size of the state and its cr growing diversity, "which makes it difficult to coordinate efforts on any particular industry," says Richards. "You can find someone that concentrates on electronics, while someone else may not even give that a second thought. They may concentrate on value-added agriculture, manufac- turing or then may concentrate on plas- tics or petrochemicals." In other words, the state's solution for dealing with its size and scope of industry is to leave the economic devel- opment in the hands of local officials. And with many facilities locating in Texas in recent months, the plan seems to be working. Amarillo It was, in fact, major incentives pro- vided by the city of Amarillo that won one of the largest announcements in the state last year. The Texas Panhan- dle city (located in the northwest por- tion of the state) is committing approx- imately $40 million toward the new Bell Helicopter Textron tilt rotor assembly center. "We are financing construction of the assembly complex using sales tax revenue bonds," says Steve Pritchett, economic develop- ment associate at the Amarillo Eco- nomic Development Corp. "We will 1044 November 1999 SITE SELECTION also issue approximately $S million in industrial revenue bonds." Another part of the package that "sealed the deal" with Bell Helicopter, says Pritchett, was the devotion of $1 million toward establishing a training consortium for prospective employees. The consortium comprises the local community college and technical cen- ter, the Texas Work -force Commission, the regional planning commission, the regional work -force development board, the ch:unber of commerce and three nationally affiliated employnnent agencies. "We've received applicants from literalh all over the aorld," says Pritchett. "And Bell has been very sur- prised and pleased with the duality of employees that its hirin,,Y out of this program. " Bell currently has IW work- ers and e.\i)ects to employ 1,4W once fully operational. Bell Helicopter began its search for a site in late 1997, considerina 1?00 communities across the United States. In the spring of 1995, it narrowed its list to eight locations in Tex.Ls. Bell executives chose Amarillo because it "simple made the hest proposal," Pritchett says. And the tact that Bell Helicopter had previoush operated in Amarillo for 20 years until it closed its operations in the late 'SOs corked in the cites favor as well. The announcement of the assembly operations in August 1998 has pro- duced a flum- of activity. Last \ovem- Sabre Transports Southlake to New Heights Sabre's search for its campus head- quarters project has come to an end. The US$417 million project will be located in the city of Southlake, just north of the Dallas/Fort Worth metro- plex, where it employs some 7,000 workers. Land availability was the primary reason for Sabre, an electronic distrib- utor of travel and IT solutions, to look outside of Dallas/Fort Worth for the new campus, says Greg Last, Director of Economic Development for the city of Southlake. "There aren't many large plots of land available in the Dallas/Fort Worth area," he explains. "And this site is really unique in that it has rolling ter- rain and it's heavily wooded, with creeks running through it" But the deal maker was probably the incentive package offered by the city of Southlake. The city will give Sabre a 10- year, 90-percent tax abatement of real and personal property taxes for each year of the multiyear construction pro- gram. A Chapter 380 agreement was also approved, which provides Sabre with a refund of one-half of 1 percent of sales tax received for the construction materials. "[Sabre] is going to require its contractors to have their point of purchase in Southlake for their con- struction materials," says Last. "So we're going to refund them one-half of 1 percent that we get for sales tax. That benefits them as well as us, because that brings more of their sales tax pur- chases to Southlake." The abatement package will save Sabre approximately $20.8 million over a 20-year period from 1999 to 2019. Upon exhaustion of all abatements and full build -out of the campus, the Sabre project is estimated to generate approximately $2.3 million in taxes for the city. Construction of the project will occur in phases over the next eight years. The first phase is slated to begin con- struction in third quarter 1999, with completion of the 450,000-sq.-ft. (41,806-sq.-m.) office set for second quarter 2001. "One of the real motivations for us was that they are very much the target user we had hoped would anchor the 114 Corridor," Last says. "State Highway 114 runs through the city and has quite a bit of available corporate land adjacent to the highway. With Sabre's high-technology, clean -envi- ronment use, we felt that would be the catalyst for 114 in the future." The city of Amarillo recently completed the first test flight hangar for Bell Helicopter Textron" tilt rotor assembly project. ber, Amarillo broke ground for the first of what will be several Bell Helicopter buildings. The facility, a 75,000-sq.-ft. (6,968-sq.-m.) building where the com- pany has been assembling the first D- 22 Osprey tilt rotor aircraft, was com- pleted in May of this year. This sum- mer Amarillo broke ground on the sec- ond assembly facility, which will be a 210,000-sq.-ft. (19,510-sq.-m.) struc- ture to be operational by February 2000. Bell Helicopter also plans to start assembly of the civilian tilt rotor air- craft in two years. "Tilt rotor technology is the most sig- nificant development in aviation tech- nology in years," Pritchett says. "Amar- illo is going to be the tilt rotor assembly center of the world." Dallas/Fort Worth Metroplex Bell Helicopter obviously has taken a liking to the Texas atmosphere, because it also recently announced a headquarters joint venture between itself and Italy -based Agusta, a heli- copter manufacturer, in Fort Worth. The new facility will be the training center and headquarters for the new joint venture, which will market and sell the commercial application of the tilt rotor aircraft. Bell Helicopter already had its own sales training facil- ity in the Dallas/Fort Worth metro- plex's bustling Alliance development. Bell Helicopter, however, is not the only activity taking place in the metro plex, and it's by no means the only activity taking place at the Alliance development. In fact, Ross Perot Jr.'s Hilhvood Development Corp. landed leases for 6.33,995 sq. ft. (58,900 sq. m.) of space during the first quarter of 1999, a 138 percent increase from the same period last year. "So far it's been a great year," says Mike Berry, president IN6 November 19M SITE SELECTION of Hilhvood Properties. "I just hope we can keep it up." Among the tenants signing on in the development are the online brokerage finn Ameritrade, the consumer prod- ucts distributor John Deere and air- craft pouts assembler Recaro Aircraft Seating. The Dallas -Fort Worth area has become so hot that some developers and managers are trying to work their, way into the market- Atlanta -based Cousins Properties, for example; recently acquired a 50 percent interest' in Faison -Stone, a full -service real estate company based in Dallas. "This is an exciting strategic opportunity for Cousins Properties to facilitate our entry into the Texas market," says Daniel NI. DuPree, president and chief operating officer of Cousins. The new, company's name will be Cousins Stone,' and it will identify potential real estate and development opportunities for Cousins Properties in Texas. "We're enjoying some very strong economic times," says Bill Thornton, executive vice president of economic development with the Forth Worth Chamber of Commerce. "We've seen a very diversified set of activities earlier - in the year." Along with Bell Helicopter, other - -- ;Rio Grande Valley Links Up to Mexico ' Five years_ after the North American the cities of McAllen and Hidalgo. Free Trade Act (NAFTA)was passed, The next step for, project leaders is international trade between the United 'and _ to get the :Mexican ,equivalent of a-; States Mexico" is at an al! time presidential..permit,,.which : should high, but unfortunately the roadways come easier now that the U.S. govern remain the same. With no federalRind- ment is backing the:project ing for new bridges or interstate; pro- Anzatduas International Bridge a ;`' vided by NAFTA, the border tos wfi -is part of Houston -based Hunt Valley' have learned to live with crossing ` Development's master -planned com-' times of up to four hours. munity, a 6,000-plus-acre (2,430-plus- Recently, however, many major hectare) development. Hunt Valley infrastructure plans have come online Development currently has two subdi- to help relieve some of the congestion visions under way, and more are along the ,border ,In Brownsville, :for -three slated to begin in'Qctober. The project example, the 'Veterans International is expected.to spread across the bor >' Bridge was inaugurated, adding four der,�with Mexico "developer Grupo Poo new. lanes of :traffic :The Veterans San Juan announcing plans for match-13 International Bridge..opens access to, ding mdustrial'and residential develop the east side of Matamoros; :-ment on the Mexican side. - Brownsville's -sister city. '"The new "-Since-'Ahe announcement of the bridge transforms that part�� bridge permit, six` companies have Matamoros," says Jason Huts, vice ; decided to'build2 million sq. f . (185,806 . president of the,Brownsville Economic ._ sq.-m.) of manufacturing space on the Development Council. The -east side is Mexican side of t_he bridge and more now ; more accessible, to Amen, cane than 50490 sq ft (46,452 sq. m.) on the companies And.the aesthetics of -die` U.S. side badge _'crossing-4also ; improvethe "Companies do their planning'two toy "image of that side of town " - four years _out, so [the bridge] will be The biggest infrastructure 'news in the most important economic develop - the Valley has been President Clmton's ment tool that we can have in getting permit construction oflthe jobs," says .Mike Allen, president and Anzalduas International Bridge, to be ::chief opera ting:ofncer'of:the McAllen built south of Mission: Constructton,ofp Economic .Development who ,Corp, ae $28 milbon badge will begin in 2003,E r declines to naT the companies _ _ p -according to an agreement between' aerospace/a%iation firms were attracted to the metroplex last year. Galaxy Aero- space is locating its headquarters at Alliance Airport. It will have a comple- tion center, sales offices and headquar- ters in the new facility. High-tech manufacturing is also doing well in the metroplex. Nokia, a cellular phone manufacturer, recently completed an expansion in Fort Worth, and it broke ground last August on a new 133,000-sq.-ft. (14,400-sq.-m.) office building in Las Colinas (South Dallas). The company has grown from a handful of employees in the metro- plex in 1992 to 3,500 in 1998. Nokia also has its Americas region headquar- ters in Irving (between Dallas and Fort Worth). Nokia's presence and growth has attracted two suppliers to the region in recent years: Perlos of Finland and Nolato, which have both announced major expansions. "The Perlos expan- sion is about 100,000 sq. ft. (9,290 sq. m.)," says Mike Rosa, %ice president of research for the Fort Worth Chamber Processing Par Excellence. Odessa, Texas offers many opportunities for your business, not the least of which is on abundance of industrial sites, energy, water and a state - of the -art industrial waste water treatment facility. We also have a labor force par excellence —highly skilled in complex processes from food, to petrochemicals to plastics and exotic materials. If your considering relocating or expanding, Odessa has the expertise combined with industrial waste water disposal you won't find anywhere else. There is no better place in America to build your vision for the future of you're company. FOCAL POINTS Prime Industrial Sites Central Time Zone Skilled, Non -union Work Force Vibrant Community Relocation Incentives Excellent Quality of Life EPA Attainment Area NAFTA Trade Zone Easy Rail, Air, Ground Access Moderate Year -around Weather A Place To Build Your Vision C 'b G 0 C Odessa Development Corporotion For more information, call us toll free at 1-877-30DESSA (363-3772) or visit our web site at www.odessatex.com Circle #368 for free info. SITE SELECTION November 1999 1047 The Port of Houston is the second-largest port in the United States in total tonnage. of Commerce. "Nolato will have about 40,000 sq. ft. (3,716 sq. m.) and 50 jobs. - High -tech industries in general are enjoying the Dallas/Fort North area. In fact, Gates says, "Dallas has a very large, active, vibrant technology com- munity. Dallas is huge in telecommuni- cations, but they've got other types of hardware and software development, too." Recently, i2 Technologies, a develop- er of intelligent planning and optimiza- tion software for business, announced it is expanding its operations in the Irv- ing/Farmer's Branch area. Upon com- got location ? A ✓ New stop on Trinity /\ " To Alliance Airport To OFW Railway Express N Ismi. International Airport Asa -- ✓ Incentives for Large M Retail Businesses/ aslam Mirk to Developments 26', rTnn ✓ LowTax Rate �1.�+5µ.�p 1�µp 121; Richland ✓Triple Freeport Pa O To Downtown Dallas30mi. 10,✓ Incentives for Large Fort Worth 30 Construction Projects Bmi. IN8 `lammber 7999 SIT£ S£L£CT1CN EXPRESS v':i.:ii '.'M for f.aa 4-. 0. ., pletion, i2 «ill add approximately 3,000 jobs. But telecom, like Gates says, is the hot industry in Dallas right now. In early 1998, both Southwestern Bell and GTE undertook significant expansions, with more than 1,000 new jobs announced by each. And Citizen Com- munications, last year, added more than 700 jobs to its existing work force, says Reid Rector, executive vice presi- dent of the Greater Dallas Chamber of Commerce. The service industries are also find- ing a home in the Dallas/Fort North metroplex. Fidelity Investments is con- solidating its activities near the Alliance development. The new headquarters project is expected to be an approxi- mately 2 million-sq.-ft. (185,806-sq.- m.) campus. Capital One is also expanding near the DFW International Airport. "It has acquired a site and is constructing a building," says Rector. "That will allow them to almost double their operations in the Dallas/Fort North area, with about 1,000 new jobs." There are several reasons to locate in the Dallas/Fort North area, including its geographic and logistic prowess. However' Rector says that labor is the biggest reason for choosing the metro- plex. He admits that the labor market is Texas Cost of living Index Composite : Metro Index Abilene :. ... ...93.2 Ainanllo . .90.6 'Austin . :.%.3 =� ;Beaumont .93.5.: Brownsville` . Bryan -College Station ...........90.4 Dallas ........... .............98.6 El Paso .........................M.6 Forth Worth ........ ..........96.5 Houston ............ .........93.8 Lubbock ... .. ....91.4 -Midland Odessa San Antonio :. .. ..89.9 Tyler ..95.2 Waco ...... .................90.1 Wichita Falls ............ .....90.7 Source: ACRRA Cost of Living Index Third Quarter 1998 Note: The average for all participating places, ' both metropolitan and n6n-mebopofta4, equals J 100, and each pardcipant's'jndex is read as a 11 percentage of the average for al! places : "•`" tight, but companies are still able to find the quality workers they need. "Companies have been able to and made the decision to carry out expan- sions in this particular marketplace because there has been a steady influx of folks into the area," he continues. -Also, companies are able to recruit very successfully on a national basis." Houston Diversity seems to be the key propo- nent of growth in Houston as well. It has, in fact, won everything from ener- gy -product manufacturers Halliburton and Hvdralift to check acceptance firm Telecheeks and high-tech jobs from ABD and Banta. -Everything is ven exciting in Houston, despite the 1 year low energy prices," says Pamela Lovett, president of economic develop- ment with the Greater Houston Part- nership. "The economy- has continued to grow, which speaks more to our diversity than I could sav with statistics. Our energy base was 86 percent of the economy in 1981, and today it's only In San Antonio, Kelly Air Force Base attracted some of the area's biggest announcements of late, including a 2,000-employee Boeing facility and a 1,300-job Lockheed Martin plant. about 53 percent." Houston, in fact, recorded a 12-month job gain of 2.5 percent, or 48,700 jobs, in 1998, and unemployment came in at 3.7 percent. ;Manufacturing is among the top job - producing sectors in the Houston mar- ket. Industry Week magazine, in fact, ranked the Gulf Coast city the No. 2 manufacturing city out of 315 U.S. metropolitan areas. Houston's diversi- fying economy, reports the magazine, resulted in a 26.5 percent increase in SAFE & SOUND somm TAI ATA SEAT BELTS. INC. SBC COSINIt11C:1T10NS (Safetr- Restraint .1lcttutfacturer) (Telecommunications) Can San Antonio really offer substantial advantages in your nest corporate move? Sure thing. Takata. for example, locked in access to easy distribution and a productive workforce. Anrt why does SBC Conununications headquarters now call us home? Because they flipped for our access to ;rowing markets from Texas to California and our close connections to Mexico. So to discover a city whose pro -business attitudes ring true. call toll -free: 1-800-552-3333. r sit .-Isk for our interactive compact disc. Call !-SOO-552-3.333. e-mait elf@dcci.cotn ot- t-isit our trebsite at saedf:dcci.cotrt Salt :ILtlonio F_conumic Deceloprnent Foundation • P.O. Box 162S • San Antonio, TX 7S296 • 210-220-1394 • FLC: _ 10-D23-3.356 Circle #513 for free info. SITE SELECTION November 1999 10" \;i i ll.!nuift, a Knstiansand, Nor- .iv-ha.,wd nianut"icturer of equipment l)r the ui.irinw, oil and ras industries, f n,kt .4miiiid l,Lst fall on a new 51,000- "l. ft. f _ ti , {.-nl. i manufacturing 111d s r.i f«iiitv in the Intenvood E l,.clralift, which has �•,I,�; :'� .i leant in Houston since i 1, expand its operations 1,h t1w n<<.� 4�icilih, Much will serve Ls the compams U.S. headquarters. "We chose to expand in Houston 1050 llm, ­ SITE get crrrpq C!rc!e N547 for free irfc. because it is the ener,-v capital of the world, and a major market for our energy products," says Jan Hakonsen, president of Hydralift. "Houston's ' strategic location will allow us to . expand our markets in North and South America. The Port of Houston provides excellent access to our marine customers, and Houston's international air service is vital to worldwide compa- nies like ours." Houston's port and sophisticated transportation network has landed the city on the short list of many distribu- tors as well. Recently, AmeriServe Food Distribution announced plans to build a 146,000-sq.-ft. (13,364-sq.-m.) regional distribution facility in the i Greenspoint area. j The Port of Houston, the second- largest port in the United States in total tonnage and first in foreign waterborne Tt commerce, also makes Houston a logi- calsite for international firms. Ger- man -based Schutz Container Systems, f a manufacturer of plastic drums and .Y t bulk containers, decided to take advan- tage of the Port's capabilities by select- ing Houston for its new manufacturing and warehouse facility. The 100,000- sq.-ft. (9,290-sq.-m.) plant is expected to employ 40. On other fronts, the Texas Medical Center, the largest medical care and research facility in the country, is attracting biomed firms to Houston. Introgen Therapeutics, a developer of gene -therapy products that treat can- cer, is constructing a 42,000-sq.-ft. (3,902-sq.-m.) research, administration and manufacturing campus near the Texas Medical Center. The Austin- . based company's new campus will cre- -a ate 66 new jobs and retain 46 existing positions. "Construction of our new facilities marks an important milestone for Introgen and Houston," says Dean E. Rock, chief operating officer of Introgen Therapeutics. "Introgen's business strategy has been to move '= gene therapy research into human applications in a rapid time frame, and Introgen has now amassed the neces- sary clinical data to begin construction `? on a Product Launch Facility and to "= expand its research laboratories into `4 the Texas Medical Center. For Hous- ton, Introgen's growth and success illustrates the strength of the biomed- ical industry in the region." Lower Rio Grande Valley For cities along the Texas-Mt,v, border, times have probably ne•. , been better. In 1998, more than S 1- billion worth of goods crossed the 1:, r der between the United States .i:l Mexico, and with major infrastm( t,. changes planned, that is surF• increase (see accompanving stop 1 And its KAFTA trade increases. do the location announcements and jl,i, additions. In fact, the city of McAllen was recently named by Forbes as th,• ninth -fastest growing area in tht nation, with a 24 percent increase jobs during the past five years. Available, trainable labor is one the best things the border cities hay e t offer companies looking to locate in tl;,_ region. tilost of the cities haye hit, unemployment like the McAllen -Edin- burg -Mission area, which had 15.1 per- cent unemployment, the highest in the state. And it's this available labor that's attracting manv labor-intensive call centers. Convertgys Corp., for instance. locat- ed not one, but two call centers in th,- Rio Grande Valley area. In Brownsville, the customer support ser- vices company plans to open an 800- employee facility. It will locate in a ren- ovated 43,000-sq. -ft. (3,995-sq.-m.' facility. The firm also selected Pharr. Texas, for an inbound call center. It %%ill create more than 1,000 new jobs y�itli approximately- 600 workstations irl Pharr's El Centro NIrill. "Labor supply is one of [Conyergys's top priorities, and it looked at the [Brownsville] market, did an exhaus- tive study of potential labor supply for its call center, and came away thinking, it could attract as many workers as it needed," says Rick Luna, director of communications with the Brownsville Economic Development Council. "And since it's begun to set up opera- tions, the word back from them is that they are very pleased with the quality of the labor force." Nest Teleservices also chose the Rio Grande Valley for a call center. In Jan- uary, Nest Teleservices opened it; 13,000-sq.-ft. (1,208-sq.-m.) facility ire McAllen, where it now employs 29-2 workers. Available, skilled labor was also a major factor in ORC Industries' deci- sion to locate an apparel plant in i supply re stilled rht• Mexican ()rder to take supply • n 1 Electric ;iu<r facili- arathon _ f.Lcility in re coils for 50 new jobs. %pith the com- Circle 0476 'or free nfo. SITE SELECTION •..,tw 1999 1051 munity and especially % ith the �%ork ethic of the employees we have hired so far," saes Marathon's Dave Eisenre- ich. believe they %gill pro%ide a solid foundation upon which %ke can Llroxv our business-" Gibbs -Texas Die Castin, Corp. is also investing $23 million for a new facility in Harlingen that %%ill create 204 ne,,v jobs. And McAllen attracted several firms looking to take ad\antage of the rnaquiladora situation. Included in the McAllen vOns were Automoti%e Product Remanufacturing, «ith SO new jobs; Mid -American Electro- Cords, 60 new jobs; and a 500-emplov- ee plant from Konsber; Autonurtive. NiTek, a steel service center, recent- ly finished construction of a ne%v S i l million, 75,000-sq.-ft. (6,968-sq.-m.) plant in McAllen also. The company %ill use the plant for steel coil process- ing and metal cutting for ntaquilado- ras. "McAllen turned out to be the best place for our fine to set up a new plant, because many of our customers who buv steel for electric motor laminations Texas Vital Statistics ¢- Cateaory Y,alus _ U.S. Rank Gross State Product (mil. US$) ............ 601,643.0 . ` - ::. 3 Productivity Index (U.S.=100) ......... .:.............. ..102.6 .'....'......:..15 Venture Capital (Ths. US$) ............................. :173,713.2............. 5 Unemployment Rate M................................ 4.9 .................11 Tax Rate Index (U.S. = 100).............................. 79.0 ................ 46 Average Yearly Wage Index (U.S. = 100) .................. 98.0 ........,........16 are already here." sn NiTek.s sales manager. The big news in San Antonio is the closing of Kellv Air Force Base iK-A,FB) — a huge local employer, employing around 18,000 people. The Air Force base contains some 2,000 acres (810 hectares) of land and 4 mil- lion sq. ft. (371,612 sq. n.) of ware- house space. It also has a 1,300-ft. (396-m.) rumvay. Although the base doesn't officially close until 2001, the city is nio%ing ahead with redevelop- ment plans and bringing in jobs to replace those lost by the closing. The city has been successful in locat- ing a%iation-related companies to the base. Boeing, for example. has selected San Antonio and KAFB for its 1.8 mil- lion-sq.-ft. (167,225-sq.-m.) aircraft maintenance operation. "They're head- ed toward 2,000 employees," says Mario Hernandez, president of the San Antonio Economic Development Foundation. "And that's really going to help us develop Kelly and help priva- tize the air base." Also, Lockheed Martin located a 1.3 Many of the facilities locating in fort Worth :n the past year have located within the city limits, according to local officials. million-sq.-ft. (120,74—sq.-m.) engine maintenance operation at the base. Lockheed iklartin «ill operate under it government contract to maintain engines on many of the militar 's air- craft. The company will employ 1.30) people. "The base is a very valuable asset that will become city property," says Her- nandez. "It is critically important that we replace those high -paving jobs that we will lose with other machine trades and other major companies, and we're' off to a good start." KAFB also attracted Safety Egmp- ment Co., which distributes safet- equipment and military uniforms. Safety Equipment took 30,000 sq. ft. (2,787 sq. m.) at the base for a distrib- ution facility. The Greater Kelly Corp. (GKC), which is an extension of the city gov- ernment, is currently investing money into the Boeing and Lockheed Martin facilities and will lease the space back to the companies. GKC has also beTin construction on a new 30,000-sq.-Ft. (7.432-sq.-m.), state-of-the-art admin- istrative building that will target back - office operations. The new facility will provide ample space for the back -office and informa- tion services firms that continue to stream into San Antonio. " Xe've locat- ed six [back -office] operations alread% this year," says Hernandez. "They're companies like Marriott Reservation Center, Strategic Marketing and ' tor our a, presi- I:,init.ti Vit region's ;,,Li,-;r ttortl ;Intl reasonable - Adl allO%% lis to staff the .%Itll ,lnalified service u:,'1 mr shareholders nrn,.o el service _ � �_: • tkit this new i, is IuI>kimr to further a 11(«W international busi- Circle M for free info. SITE SELECTION November 19% 10M ness incubator. The city hopes to house 10 to 20 companies at the site. "Our goal is to imbed BancoMex, a Mexican bank that is suppling us with their clients, at the site," says Hernandez. ".-end ti>r S2,500, an international com- pany — it doesn't have to be Mexican — can position a person here, get com- nuulication and other ser-ices�that are being pooled, and try to gain better access to the L.S. market." Austin North of San Antonio is one of the hottest high-tech centers in the coun- try, if not the world. Today, Austin claims about 1,700 high-tech compa- nies, ernploOng about 125,000 people. "We're at the stage now where we've reached critical mass of high-tech com- panies," says Glenn Nest, president of the Greater Austin Chamber of Com- merce. "While we continue to attract companies, a lot of our growth is being fueled by entrepreneurship." Much of this entrepreneurship is being fueled by spin-offs of the MCC IVA Novembef1999 SITE SELECTION and SEMATECH research consor- tiums. According to West, the two con- sortiums are one-third staffed by trans- ferees of member companies sent on two- to three -gear assignments. "And one of the things that none of us really fully anticipated is how many of those transferees would elect to not leave Austin after they had ended their two or three years," he continues. "So instead of going back to San Jose or New York or Florida, they've elected to stay here when their tour is up and take pat of the technolog they ve been working on and go off and start up a company." The Austin Technology Incubator has also added to the entrepreneurship explosion. The incubator, which started 10 years ago, has graduated some 50 companies and is incubating about 30 companies today. So far in 1999, Austin has landed 14 corporate expansions, many of which have 20 or fewer employees and focus on one form of technology or another. Among those companies are Whole - Circle M for free info. . Brun Media, Saison Produkt, Reacti�i- ty and Net -worker Communications. But larger firms and facilities are finding the high-tech atmosphere of Austin just right for their needs. Site], for instance, located a 500-employee inbound call center in the area. Sitel is a contractor for General Motors, and it is opening up a Naystar Navigation Center for the auto company. Similarly, Janus Capital Corp. located a transac- tion services center in Austin, and it expects to employ 250 people. Intel and Dell Computer are also taking advantage of the synergies that an Austin location provides. Intel has located a microchip design center in the city, where it will employ about 200 workers, and Dell Computer Corp. expects to add another 5,000 jobs in the city in 1999. "We've developed a pretty good rep- utation as a technology center," says West. "And in Austin, the ultimate example of entrepreneurship is Dell, which is a story of a young man who started making computers in his dorm Circle #165 for free into. room as a freshmen at the U niyersity of Texas. That was the company 15 years ago, the company now is a $20 billion company with i7,500 employees in Austin." El Paso On the Nvestern Texas -`Iexico bor- der, El Paso is experiencing growth from Mexico-U.S. trade, but it's also feeling the pawns of a sluggish manu- facturing sector. The manufacturing slowdown isn't, however, bringing El Paso to a halt; in fact, the border city's economy is diyersiRin, with a recent influx of call center activity. -We're currently working with sir to eight major call centers, and we believe a significant number will locate in El Paso," says Tom Thomas, senior vice president of economic development for the Greater El Paso Chamber of Commerce. "In fact, we've already had one announce this year." Brylane, the nation's fourth -largest catalog company, is currently building an inbound call center in El Paso. It expects to employ 850 people at the new facility. "Manufacturing is going to continue to be below our expectations, but the service sector is going to continue to grow dramaticallv," says Thomas. going to add another 3,000 jobs in the call center industry in the next hvo months." One of the primary- reasons El Paso is attracting call center activity- is die large available work force. According to Texas work -force statistics, the bor- der town has between 25,000 and 30,000 people unemployed. El Paso is also making an effort to ensure that that labor force is well qualified for incoming jobs. First, the federal government named El Paso one of the 15 empowerment zones across the country — one of only two named west of the Mississippi. "That is going to help our efforts to attract more industry to El Paso, pro- viding work -force development money," says Thomas. Also, Levi Strauss, which closed its operations in El Paso, is providing the city with a building where it can estab- lish a `Fork -force Preparedness Cen- ter. Much of the work -force training is to take place in that center, says Thomas. "And a lot of that will be to c�.ire Sabre, Inc. and Magifi* rePartners For the Sabre Corporate Campus Headquarters 1.56 .Acres • ? million square feet in the Solana Mixed Use Development on State Highway 114 in SOUTHLAKE, TEXAS Additional Corporate Sites Available 4 City of Southlakc. Texas Department or Economic Development 0 0 Phone: (S 17) 481-»31, ext. 776 Email: econdev@ci.southlake.tx.us YOU'LL FIND OUR LABOR POOL TO BE EQUALLY REFRESHING. RELOCATING TO NEW BRAUNFELS IS A SMART BUSINESS MOVE. THE AVAILABILITY OF OVER 34,000 UNDEREMPLOYED, SKILLED WORKERS MEANS YOUR COMPANY CAN SELECT JUST THE RIGHT PEOPLE FOR THE JOB. IN TODAY'S SINK OR SWIM MARKETPLACE, OUR LOCAL TAX INCENTIVES, LOW COST OF DOING BUSINESS AND PREMIUM LOCATION WILL KEEP YOUR BUSINESS AFLOAT AND PROFITABLE. New Braunfels v� NE* BRAUNFELS CHAMBER OF COMMERCE • P.O. BOX 311417 • NEW BRAUNFELS, TEXAS 78131-1417 8 3 o. 6 2 5. z 3 8 5 www.nbcham.org Circle #123 for free info, SITE SELECTION Nwvrber 1999 10% e teecommunvcation indus'^ continues '0 5oom i,n ualias, where Citizen Communications recent- a,;nounced i�f ne",jods lnncled b� :1 Dept, of Lahor r,r;int (d S45 million Its +til ;L, the nient zone money," he adds. On the manufac•turin�4 front. al- thou,_th it is slow there are indi- rltions that the indnstry sector is pic•k- in,, up in El Pitso. For instance. Bot-iivJ \till hc• addin, 500 jobs in El Piuso, t.ik1 ins, its l(oc•al t•n1plo\nu-nt to 1.500. a,id Ilorner, tit, ac•unm cleaner nianiltac- turer_ %0H also be addin(, 500 johs. Arld Thomas saes Ell Paso will have hvo more fac•ilit,v annonnc•cnfcnts, totaling .300 new jobs, later this v ear. The Inaquiladora industry is a eery positive aspect of the El Paso commu- nity. Puarcz, El Pitso's sister city, has Thomson Consumer Electronics, vdtich manufactures RCA televisions; Phillips Electronics: Delphi: and (:irx:sler operating, facilities there. Suppliers to such firms are finding El 1056 r.eTce -?x SITE SELECTION Circle 0408 for free info. Paso a good prospect for new facilities. Elcom (El Paso Components), for instance, is growing rapidly because of the 19 Chrysler plants in Mexico. —There are about 300 rnaquilas no,.x located in Juarez, and those nwquila.s are buying $8 billion to $10 billion worth of goods and services even year," says Thomas. "We're gettin, more of that business, we're gettin<, more local companies supplying the maqudas across the border." Abilene Although manufacturing may be on die decline in El Paso, it is definitely of the rise in Abilene. In fact, the cir, recently attracted one new manufac turing finn and had major expansions by two existing companies. '-One of our new attractions was a company called Phillips Driscoll Pipe, which is a part of Phillips Petroleum," saes Bill Ehrie. president of the Abilene Industrial Foundation (AIR. "Thee put a facilit\ in that makes polyurethane pipes arc'. lured about 30 people, and that shoulri grow. But the recent economic develop- ment focus for AIF has been on reten- tion and expansion of existing facilities. says Ehrie. For example, in 1998 the city approved more than S300,000 for training, property improvements anu equipment for Rentech Boiler Sys tems, which has operated in Abilen, since 1996. Since that time. the compa- n's sales have increased 190 percent. Rentech now plans to add another 40 jobs to the plant and the Development Corp. of Abilene (DCOA) is helping „zdh 50 percent of the building loan. DCOA is also aiding another major expansion in the area: U.S. Brass. ti largest manufacturer employer in Al, lene. U.S. Brass. which currently 11„> 350 workers, is consolidating hvo oper- ations to Abilene and adding another 129 jobs. DCOA is proxiding S1.5y million for U.S. Brass's $3.31 million refurbishment �of a 70,000-sq.-ft. (6,503-sq.-m.) warehouse. "We're targeting the manufacture- sector, because we still have it lah Ixx>l available in that area." says Ehri( "\1e felt that wits a healthy opportunitk that we could meet the needs of ti( companies, and consequently the expansions are tilting place. ,,yhich con- tinue to prove that.' SS City of Southlake, Texas MEMORANDUM October 29, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Chronology of Teen Center Project The following information is provided as an historical overview of the Teen Center project: September 1997 Some discussion on Park Board regarding Youth Park Board's desire for a Teen Center. Discussion centered on use of house at Royal and Annie Smith Park, but Board did not feel it would be large enough. April 1998 Park Board discusses capital improvement projects and categorizes projects into three categories. Construction of a Teen Center is placed in Category I (highest priority). May 1998 Following resignation of Parks and Recreation Director Kim Lenoir, I am assigned as interim Parks Director. September 1998 In development of first Parks 5-Year Capital Improvements Plan (CIP), Park Board is again asked to prioritize list of desired capital improvement projects. Teen Center is listed in Category "A" (highest priority). Projects are placed in a five-year construction timeline, based on relative priority and available funding. SPDC and Park Board discuss the 5-Year Parks CIP at a joint meeting. Estimated cost of $1 million for Teen Center is split into two phases: (1) FY 1998-99 Teen Center planning ($150,000), and (2) FY 1999-2000, Teen Center construction ($850,000) October 1998 Park Board recommends approval of, and SPDC approves 5-Year Parks CIP. November 10, 1998 Park Board had directed staff to begin process for ad -hoc citizen/youth planning committee to help design facility. Flyers were sent out and advertisements placed in local newspapers inviting youth and general public to attend first general meeting of "Teen Center Coordination Committee." Twenty-four (24) adults and youth were in attendance, and Billy Campbell, City Manager October 28, 1999 Page 2 ., signed up for three sub -committees (Programs and Activities, Design, and Sponsorship). Staff in attendance - Kevin Hugman, Recreation Supervisor Kathy Schaeffer. NOTE: In December, 1998, Kathy Schaeffer submitted her resignation, leaving no other staff person to work with Teen Center committee other than myself. At the time, I was also involved in three major projects - (1) formation of new Library Board and associated administrative and meeting duties, (2) meetings and staff time involved with the preparation of the Traffic Management Bond election, and (3) involvement in the Marcus/Charter cable franchise transfer. Because of these, I was not able to attend some of the meetings being planned by the various sub -committees. January 6, 1999 Teen Center concept discussed with SYAC by Kevin Hugman at their regular meeting. January 27, 1999 Teen Center Programs/Activities Committee advertises meeting at 7:00 p.m. No staff able to attend, but indications from Youth Park Board meeting minutes that it was sparsely attended. February 3, 1999 Teen Center concept again discussed with SYAC by Park Board chair Vicki Johnson, Board member Robin Jones, and Kevin Hugman. Conducted informal survey of those in attendance as to what features, facilities they would like to see in a Teen Center. March 9, 1999 Teen Center Programs/Activities Committee meeting at Bicentennial Park Lodge. Results of SYAC survey from February 3 were reviewed at this meeting and a report written by Robin Jones summarizing the features and facilities desired in a Teen Center. (Copy of report and copy of survey results attached) No staff attended this meeting. NOTE: Steve Polasek began employment as Deputy Director of Community Services in March and one of first projects assigned was to be staff lead with Teen Center committee. March 23, 1999 Teen Center Coordination Committee general meeting gat Bicentennial Park Lodge. Six (6) adults and two (2) youth attended this meeting, but no business was discussed due to low attendance. Staff in attendance -- Steve Polasek Billy Campbell, City Manager October 28, 1999 Page 3 April 1999 Requests for Qualifications (RFQ's) sent out to prospective architecture firms. Responses were due by May 14, 1999 (five responses received). April / May 1999 Due to increasing demands on staff, discussed with Park Board priorities of staff work load, including but not limited to, capital project planning. Teen Center planning and construction again high on Park Board priority list. May 25, 1999 Building Design Committee meeting at Bicentennial Park Lodge to review RFQs and recommend architect. Eva Sandlin only attendee. Staff in attendance - Steve Polasek June 24, 1999 Building Design Committee meets, again to review RFQs and recommend architect. Rob Glover only attendee. Staff in attendance - Steve Polasek Due to inability of committee to meet, staff recommends architect based on references and experience of firm. Verbal telephone conversations with Ms. Johnson and Ms. Jones prior to meeting gained their support of staff s recommendation of Brinkley Sargent. Staff expected to discuss recommendations with remainder of committee at this meeting, but Rob Glover only attendee. Discussed recommendation of Brinkley Sargent with him, and he agreed with selection. August 9, 1999 Park Board recommends approval of contract with Brinkley Sargent architects for design of the Teen Center. August 23, 1999 SPDC recommends approval of contract with Brinkley Sargent. September 21, 1999 City Council takes no action on approval of contract. Hopefully this information provides a better understanding of the chronology of steps regarding the Teen Center. I am available to answer any further questions you may have. IC1:I Attachment: Summary of Teen Center Meeting held: March 9, 1999 Teen Center Priorities List cc: Shana Yelverton, Assistant City Manager Summary of Teen Center Meeting held: March 9, 1999 �R' Teddy and Kevin: Thank you for helping me get the meeting set up. I have left over priority lists which I'll save for the meeting on the 23m. Below is a summary of what was determined last night and will be turned over to the Design Committee for Architectural Consideration. We agreed that the project would most likely need to be phased, and that we would like to see the building placed such that room is left on the ground for phase II and possibly phase III. The building should be placed as far from 1709 as possible to begin with. PHASE I TEEN CENTER Ladies restroom.................................250 Men's restroom.................................200 Office.............................................200 Study/Council/Practice rooms, .............. 300 Kitchen/Snack prep ............................400 Coffehouse/Cafe style eating area ............ 500 Lounge area with big screen TV/music ....... 500 Gameroom'........................................1000 MultiUse room....................................2500 Total square footage 5,850 sq.ft. not including hallways, etc. Other suggestions included lockers and storage areas as needed. A PA system for the MultiUse room as well as a sound system throughout the building, possibly with internal radio station capabilities. Future phasing should include additional bathrooms, a gym These rooms will be used to practice music, study quietly or to Cducil. They should havb a glass partition/window for supervision purposes. There may be a computer or two in one or mora of these rooms. Each room to be approximately 10 X 10. Three rooms total. Z We envision the kitchen as an opportunity for teens to have a part-time job.Prepared sandwiches, chips, hotdogs, Pizzas, burgers and possibly fries, frozen desserts, soda fountain, etc. The suggestion was made to possibly let a franchise invest equipment such as a Burger King or Taco Bell or Pizza Hut. That however, would not allow for variety. 3 The gameroom would be seperated by the larger dance/multiuse area by a large room partition, possibly electronically controlled. When opened up and cleared out, it could become a part of the larger room for dances, etc. This room will contain ping-pong tables (2) foosball tables (2) Air Hockey (2) and possibly a pool table or two. This room be seperated from the game room by a partition. It will have an additional partition or two so that it can be used for a variety of uses. It should have a stage, basketball net, and flooring appropriate for a half court basketball court. - Teen Center Priorities - Prioritized by Teen Center Coordination Committee HIGH 11-17 MEDIUM 18-25 LOW 26-29 A. SPORTS HIGH 1. Basketball (15) 2. Air Hockey (15) 3. Foosball (15) 4. Ping-Pong (15) 5. Volleyball (16) 6. Aerobics (17) 7. Rock Climbing (17) MEDIUM 8. Indoor Soccer (18) 9. Dance (20) 10. Weight Room (21) 11. Track (aerial) (21) 12. Bowling Alley (21) LOW 13. Racquetball (25) B. COMPUTER HIGH 1. Games (13) 2. Graphic arts (13) 3. Scanners/Printers (13) 4. Lab (15) MEDIUM 5. Copy Machine (18) 6. Classes (23) C. DRAMA/DANCE HIGH 1. Stage (13) 2. Sound System (13) 3. Light/Sound (15) 4. DJ Equipment (15) 5. Light (16) MEDIUM 6. Video Projector (21) 7. Karioke (21) LOW 8. Piano (27) 9. Drum set (29) in: Iteenctrlpriorities.doc Page 1 of 3 - Teen Center Priorities - Prioritized by Teen Center Coordination Committee HIGH 11-17 MEDIUM 18-25 LOW 26-29 D. VIDEO STUDIO LOW 1. Film classes (27) 2. Video Camera (28) E. QUIET RMS HIGH Quiet Room (12) F. MTG ROOMS MEDIUM Meeting Rooms (19) G. ART MEDIUM 1. Pottery (21) 2. Art Room (22) 3. Sculpture (25) H. CAFE/SNACK HIGH Cafeteria/Snack (15) I. PAY PHONES HIGH Pay Phones (17) J. KITCHEN HIGH 1. Home economics (17) MEDIUM 2. Cooking classes (21) K. LOUNGE/INFORMATION GATHERING AREAS HIGH 1. Big Screen TV (11) L. LOCKERS HIGH Lockers (17) m: Iteenctripriorities.doc Page 2 of 3 - Teen Center Priorities - Prioritized by Teen Center Coordination Committee HIGH 11-17 Big TV Screen (11) Quiet Room (12) Games (13) Graphic Arts (13) Scanners/Printers (13) Basketball (15) Air Hockey (15) Foosball (15) Ping-Pong (15) Computer Lab (15) Light/Sound (15) DJ Equipment (15) Cafe/Snack Bar (15) Light (16) Volleyball (16) Aerobics (17) Rock Climbing (17) Home economics (17) Pay Phones (17) Lockers (17) MEDIUM 18-25 Indoor Soccer (18) Copy Machine (18) Meeting Rooms (19) Dance (20) Weight Room (21) Track (aerial) (21) Bowling Alley (21) Video Projector (21) Karioke (21) Cooking class (21) Pottery (21) Art room (22) Computer classes (23) Racquetball (25) Sculpture (25) LOW 26-29 Piano (27) Film Classes (27) Video Camera (28) Drum set (29) in: Iteenctrlpriorities.doc Page 3 of 3 Terxas g000f Irm—me am M01 - I'l - T 1 m 121 114 �2 (a.., STUDY NEWSLETTER Texas rtm Major of Depaent Transportation Investment Study Volume 10 October 1999 he conceptual plan for reducing traffic congestion on the >H I 14/SH 121 corridor has been endorsed by the Regional Transportation Council (RTC), the regional planning organization representing local governments that works to dentify plans to improve transportation for current and future isers. After reviewing various alternatives for improving ransportation throughout the study area, and considering :omments from the public, the RTC has approved the vlanaged Facility (along with extensive freeway mprovements and various local area traffic improvements) :s the preferred alternative for improving the SH 114/SH 121 orridor. -he Managed Facility will accommodate high -occupancy C"L. `LIOV) and single -occupancy vehicle (SOV) lanes i.e., les traveling with multiple people versus those rave , wII ith only the driver). It also provides opportunities or flexibility in congestion management through a _,ombination of three variables: time of day, auto occupancy, ind toll/pricing (see explanation on page 3). This type of acility allows drivers to travel from one end of the corridor to mother on lanes that are separated from the main freeway anes, bypassing the weaving areas around interchanges. Facility The Study Team recommended the Managed Facility after extensive traffic and environmental studies, field investigations, and public involvement activities. An Express Lane alternative was one option considered to accommodate the high volume of non-stop trips through the study area on SH 114. As the study progressed, refinements were made to the Express Lane concept, which resulted in a Managed Facility. A Managed Facility combines the mobility benefits of express lanes with the people -moving potential of HOV lanes, offering greater flexibility in controlling congestion. Several quantitative measures factored into arriving at the preferred alternative, such as the projected change in traffic volumes, traffic accidents, air quality impacts, time savings, and the number of homes and businesses that n4a be impacted. Qualitative factors were also considered, such as quality of life, community cohesion and other social impacts. While no single factor was key in the decision to recommend the Managed Facility alternative, several elements of the alternative made it more attractive than the other options considered (No Build, General Purpose Lanes and HOV Facility). The Managed Facility carries a higher number of vehicles and people, reduces vehicle hours of travel and hours of delay in the region, increases mobility, provides regional air quality improvements, construction and right-of-way cost savings, and opportunities to In revenue. The preferred alternative plan was presented at a public meeting held on July 15, 1999. The meeting began with an open house to allow citizens time to thoroughly review all exhibits and discuss their questions with Study Team members. The open house was followed by a formal presentation about the Managed'Facility given by members of TxDOT and the HDR Study Team. Following the presentation, attendees were given the opportunity to voice their comments about the preferred alternative for the SH 114/SH 121 improvements, including the economic and social effects, its location and design, its impact on the environment, and its consistency with the goals and objectives of the community. 121 114 ZofTexas Department Transportation The endorsement of the Managed Facility by the RTC marks the end of the planning stage and the beginning of the engineering/ environmental stage of the SH 114/SH 121 Major Investment Study (MIS). Throughout the fall of 1999, impacts on the natural and built environment will be evaluated. The National Environmental Policy Act (NEPA) provides guidelines for the review. NEPA requires identifying the preferred alternative that has the least adverse impact on the surrounding environment. Once that is determined, further steps must be taken to minimize any impacts. The review will consider impacts on natural resources like wetlands and threatened or endangered species. The man-made or cultural environment must also be considered. These include factors such as historical and. archaeological sites and public recreation lands. In addition, the study will evaluate potential impacts the preferred alternative could have on social and economic factors such as access to jobs, schools, shopping and other services, the local economy, and community cohesion. These impacts will be documented in the Environmental Assessment (EA) that will be circulated to the public and to the reviewing agencies after a public hearing. A Finding of No Significant Impact (FONSI) will be requested, and the reviewing agencies are anticipated to concur. At this point the NEPA process is concluded. Detailed project design and implementation may then proceed. Now that a Managed Facility has been identified to relieve the traffic congestion along the corridor, the Study Team will be looking for ways to provide local access and traffic operations throughout the study area. Local access was discussed at the April 27, 1999, public meeting, giving the Study Team a head start on developing geometric design alternatives. In order to ensure that the Study Team is on track moving into the next phase of the study, public input was gathered regarding issues and concerns of citizens throughout the study area. The Study Team will use this input to identify a number of different strategies for providing local access along the corridor. Several alternatives for local access will be developed. Each alternative will be analyzed based on its ability to meet the goals of the study - to provide mobility solutions for the corridor while minunizing any adverse environmental or engineering impact. The Study Team will also analyze each alternative's impact on area residents and the surrounding community. The public will have an opportunity to view the local access alternatives at the next public meeting. The meeting is expected to be held in December 1999. The Study Team will discuss the most promising alternatives for improving area operation and access. Citizens will have an opportunity to express their opinions and concerns about each alternative presented. PROJECT TIMELINE Fall 1999 Dec 1999 Summer 2000 Fall 2000 Spring 2001 • Local Access and Operations Evaluation Design • Public Meeting #6 Agency Review of Schematic & Enviromental Assessment Agency Environmental • Clearance A Finding of No Significant Impact (FONSO a anticipated • Public Hearing CONGESTION MANAGEMENT VARIABLES Time of Day Toll/Pricing This enhances performance TV -facility will be utilized In an effort to reduce of the express system during itly throughout the congestion, there could be a rush hours. The side benefit d pending on the toll associated with the use will be the collection of changing traffic volumes/ of the facility that corresponds capital for use in regional patterns. For example, it has with the time of day and the ability to be reversible to amount of traffic. This rate accommodate both morning could be based on and evening rush-hour traffic. distance traveled or simply Auto Occupancy Independent of time of day and traffic volumes, preferential incentives could be given to vehicles traveling with multiple occupants (two or more) versus those with only drivers. be a flat rate. A toll component would be the key factor in managing the congestion levels within the facility. As demand increases during rush hour, the toll component could increase and thus discourage excessive use. Public input is an important element that helps TxDOT and the Study Team understand the co -ity's transportation needs. This . undding helps shape the way the Study Teamnks about transportation problems and provides guidance in the decision -making process. We have received many comments regarding the SH 114/SH 121 MIS from area citizens, and we want to keep everyone informed about the input we are receiving from the community. We appreciate your comments and hope that they will help others understand this important study. At the July 15 public meeting, Mr. Michael Morris, Transportation Director of NCTCOG, verbalized his support of the Managed Facility. Mr. Morris discussed six major reasons why he felt the preferred alternative was a well thought out approach that will prove effective for relieving the congestion problems experienced in the area: 1. The alternative is innovative because it allows reversible HOV/SOV lanes, possibly reducing right-of-way taken and the number of lanes required throughout the corridor, as well as d using the environmental and nei good impacts, ultimately resulting in bene to taxpayers. transportation projects. HOVs can be given special treatment in each context. It is expected that high-tech electronic vehicle toll techniques would be used so on -site toll collection would be avoided. These would be similar to those now used on toll highways and at airport parking areas in the Dallas - Ft. Worth region. 2. The corridor could be actively managed throughout the day, therefore, it can be used differently based on different criteria like the time of day, auto occupancy, and excess capacity. 3. The Managed Facility provides for a great deal of flexibility in that it can be adjusted to accommodate special events (e.g., motor speedway events), major traffic incidents. and changes in the congestion make-up of the corridor. 4. The facility provides users a variety of options. Travelers through the corridor could be offered a choice to use tolled HOWSOV lanes during high levels of congestion and save valuable time, or they could use the other gen- eral purpose freeway lanes and bypass the tolled facility. Carpool initiatives will also be built into the overall plan. 5. Intelligent Transportation Systems (ITS) will be fully integrated into the design of the corridor, providing local governments with the technology to respond to traffic incidents throughout the corridor on demand. It also will provide the ability to adjust the corridor to optimize the available capacity. (Continued on back) LMM SH 121/SH 114 - Major Investment Study Newsletter Texas Department of Transportation r� (Community Forum continued) 6. The preferred alternative integrates with strategies, such as ITS, access manage - Transportation System Management (TSM) and ment, park and ride lots and transit services, will Transportation Demand Management (TDM) improve congestion on multiple levels for components into the overall plan. These, along current and future users. You will have many more opportunities to make your voice heard as the SH 114/SH 121 study moves forward. We encourage you to stay involved. This study is about the region's transportation future. Help shape it by letting us know what you think. Comments or questions about the study can be communicated directly to the Study Team by mail or e-mail at: SH 1141SH 121 Major hwestrnent Study Texas Department of T ansportation P.O. Box 6868 Fort Worth, TX 7611540868 E-mail: shll4mis@mailgwdot.state.tr.its You can also express your comments to your local representative of the Technical Committee. T The SIf 1141SH 121 Study Newsletter is a pubiiieadon--of the -Fort Worth District - _ Texas Department of Transportation. Its purpose is to inform interested citizens of the SH 114 and SH 121 Corridor Major Investment Study progress and upcoming events. IF Texas Department of Transportation 121 114 Major Investment Study Texas Department of Transportation P.O. Box 6868 Fort Worth, TX 76115-0868 Attention: Curtis Hanan, P.E. fAq HDR Engineering, Inc. TxDOT Planning Consultant C "�►�" ` any .,, OCT 21'93 .4 -0.33 x pp DMETEq i 7076617 U-S- POSTAGE The Honorable Curtis E. Hawk City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 �2�a�ssca� t►L C III is11lilt III ltllll4ll11III 11111)11111111111111111111111111111 US"" tlutuMeb Journal a October &14. 19% FASTEST -GROWING wmfplfx CMIS RANKED BY PERCENT GROWTH FOR 1998-1999 an Hk usy ppoeerrroewe"rtF pEsUrn.W 19M 19M Jan. t ,Uon on 1 Mion Jri 911111 .y :: p 1e47 ., j �!r ,.:7r :'i ;".r►.Tj+gK+>fr''�M �:�'},31t2.tdt'�?.�Y• F}a,Yf,�w�1t{} ?.. ,w,:%i,r ,. r„t�'•4r-t ,'{ ? - . { i 2. FFbeo 19.91% 26,200 21.850 Collin �.. T7r!' � 5 •��`=Ya'�ti i .. _ ��i f�� � h"Y.;yV.��t 6D01,.1k. " 2 250 �I J a CoMkt�r' h1 ,. •S i.J �7Hj,,, �`'',+'{ `y.. f"£i.^{! .{! rL_ .4k �.K l .. . •. •a t.. P �t?\ � 4. MoKhmmy .!`• ,. .i 14.02% 43.500 38.150 ., Z9.'4,l Collin i rr• +T}7T'rTye-�J+-n-�'�'..t.'r _ ..-.ems-.. �... mr ;t 9. Ft 1I8 300 t T}50 r: ��y�++T,i K 4 p1MM2yFs t t' xr fi',� wia, ::: L > P ?'F1p�,�Yxi ! �!w :+ h3ttft;'#,`.'ty. 3 •4 SefhaliL:gltd ' f 8• AIM ,:';,t, ,.? 12.07% 39,000 34,80D , ,. Collin ,.F ' l+iL?9%'i!" ��* t t 42.500'4 i fir; tbKrY h «ja...._.•K• w �R�. r' &l. y }y i Y . _:=P. ... . �" _.• ..Y i. G ...,rr.�'ki.- N�ac=>. .r i ., t4d •7'i' 8. Cown 10.72% 33.050 29.850 . Dallas f- •�fl t+S't 952% aai 1.050 >';f 1 Tarratll r{ r,. il:h ISy 411150 e. 10. Soutldake 9.35% 21.050 19.250 Tarrant 0 t s 8.47% r f , 8.400 5.900 r Dallas +. Y 12. swmyvale 8.16% 2,650 2,450 Della 13. LaWbYIIN c k . 7.95% 74,700 ?` ny, , j 4 89,200 Denton 14. Maneflekt 7.56% 25,600 23,800 Tarrant ' I(eiltx RrD' jH"� J 7.5 'ti'�f 1iJ� -,, �1.1` -`, 2 � g"'^..k-t �., _. ;'T'�t .•.4r .. • y } t S 1, 1% R 24'350 ryr�q # 22 850 Tarrant 16. LAM Elm 7.32% 2,200 2,050 Denton 17 Plano 4 4�; • s,y,,.y ""ii- :i �,� � ,, _ ;' a �" " 3•rw ��t r ��. Y F-, 4 �. S r� t 7 ,. 220.21 +. ; ?OS 650 "4' t. 4#�qS c • ck' ft ' Mom. it, - ' 18. Cedar "in 7.05% 29,600 27,850 Dallas '71-1 J ., +•r�slt :!�i t ;U� � ' ':,#-i 'Ats1il-YF..t k.;.e7a�F1 `.Y ,„t'• tie. Justin 6.90% 1,550 1,450 1 Denton -.. -ri r:.. .�>,�...�e '€.+: ,,x. ..?,..:xvg7s'�6�L�a+e�.•r:vrn.:•;.:.z�r^s:.r.:�._•.wr•w-rena:re'�e�.a<.h..mr..-: r.--w. �»..r.-.....<.Q.. .. �is.4.�'; �%. .. .� 'er - �ir�'�.x �"F.r a�;�x. ,�o � :.T: #;-• �r .�; -�- 22• pmw 6.45% 1.650 1.550 Collin a-w � . t.; {� t .� ,A.^.' yi 3 „ u i3x�4x 64S%m 1g50 r ,.i 3''�•.## K+4c�,:_'°rvJ.,ai,K'';t .. .. e, , I { T 13 > ' , s3+�Y t riDentdn t Lake Dallas 6.31% 5.900 5,500 Denton XW lr{�* 5'880 4t i In-4 3 anaea: "&M Orel TOM Caunrr d Oswrr.raW IMa Garara RpYlar E.errM /iaYp peaeerdt br. Jerry Gunnar date: Oct. S. 19! DRAFT The METROPORT Transportation Partnership Program el Since 1996, the METROPORT Partnership has assisted in obtaining the commitment of over $135.0 million in improvements throughout the METROPORT 114 corridor. The Partnership's investment of approximately $150,000 has resulted in the construction and future funding commitments to complete the State Highway 114 freeway facility and related improvements in the corridor. Working with the METROPORT member cities and counties, economic development groups, DFW Airport, Fort Worth Alliance Airport, Alliance Center, Las Colinas, Solana, and Texas Motor Speedway, the Partnership has developed one of the most successful ongoing partnerships with the Texas Transportation Commission to assure the continued viability of the State Highway 114 corridor. The Partnership's initial "35 to 35" delegation in 1996 brought over 250 elected officials, civic and business leaders and citizens to Austin to kick-off the METROPORT/Texas Transportation Commission coalition that has resulted in securing the funding commitments to complete nearly all the necessary improvements along the METROPORT 114 corridor Completed or Under Construction SH 114 freeway / 0.5 mi. west of County Line to Kirkwood Blvd - completed IH-35W on/off ramps and frontage road relocation completed SH 114 reconstruction and expansion at and west of IH-35W - completed SH 114 / Roanoke Bypass (frontage roads) - completion Winter 2000 SH 114 freeway / 0.8 km. west of Kimball Road to FM 1709 - completion Fa112001 SH 114 freeway / Kirkwood Blvd. to 0.6 mi. south of Dove Road - completion Spring 2001 Texas Department of Transportation Funding Commitments SH 114 freeway / 0.7 mi. west of Carroll School Road to 0.5 mi. west of Kimball Road - $13.459 million in Commission Strategic Priority committed; estimated Fiscal Year 2000 letting North Central Texas Council of Governments Regional Transportation Council Funding Commitments, in Cooperation with the Texas Department of Transportation SH 114 freeway / 0.32 mi. east of Dove Road to 0.7 mi. west of Carroll School Road - $12.167 funds committed ($4.0 STP; $8.167 million Commission Strategic Priority); estimated 2002 Fiscal Year Letting SH 114 freeway / 0.3 mi. west of Trophy Lake Drive to Tarrant County Line - $21.6 million funds committed ($8.6 STP; $13.0 million NHS); estimated Fiscal Year 2003 letting BUS 114L widening / Wall Street to SH 114 - $5.2 million STP funds committed; Fiscal Year 2003 estimated letting US 377 widening / SH 170 to FM 1709 - $6.35 million STP funds committed; estimated Fiscal Year 2003 letting 1 Unfunded SH 114/SH 170 freeway interchange / to 0.3 mi. west of Trophy Lake Drive - current estimate $14.4 million SH 114 / Roanoke Bypass (mainlanes) / 0.3 mi. east of US 377 to 0.7 mi. west of IH-35 - current estimate $37.3 million NENN'S CLIPPING Source: THE KELLER CMZEY, Tuesday, October t_, I999 I Date: Helpful service Editor: Something good happened in Keller last weekend that had nothing to do with politics, water supply versus con- servation; or street names. it was great 19 effort by the Keller and Southlake Fire Departments (and maybe others) to allow local citizens to responsibly dis- pose of potentially dangerous house- hold chemicals and material. The only notice I saw was in The Keller Citizen but I hope the notice was widely dis- tributed so many families could do as we did and take the opportunity to get rid of lots of potentially harmful things cluttering up garages and storage build- ings. First and most importantly, thanks to the firefighters and EMTs who were there to make the unloading and dis- posal go so efficiently. I doubt if that was paid time for them, but there were enough men and women available to make the process efficient and conve- nient for those bringing material. Second, the interview process was short and productive. What city do you live in? How did you hear about the event? How often should we do this? It was good basic fact-finding and heavy on the customer service. You didn't even have to get out of your vehicle to unload — they took care of everything. I hope it was successful enough to repeat a couple of times a year. It is a good fire prevention activity and cer- tainly helps the local environment. My only suggestion is better notification and advertising. I felt fortunate to see the one notice in the Citizen. Wouldn't this be a worthwhile -use of those light- ed portable signs at the entrance to town? Dan Tholen cOU1N?; ... •a nr*1 aH TARRANT COUNTY OFFICE OF THE CRIMINAL DISTRICT ATTORNEY TIM CURRY CRIMINAL DISTRICT ATTORNEY 8171SM-1400 October 7, 1999 Chief Garland Wilson Southlake Police Dept. 667 North Carroll Southlake, Texas 76092 Dear Chief Wilson, JUSTICE CENTER 401 W. BELKNAP FORT WORTH, TX 76196.0201 We are writing to reinforce what you already know: Rhonda Wilson is one great Detective! We recently had the pleasure of working with her in the trial of the State of Texas v Anthony Anderson. Defendant Anderson robbed the Subway Sandwich Shop there in Southlake on July 15, 1999. October 7, 1998. Detective Wilson did one of the most thorough investigations I have ever seen. She also coordinated her with Detective Tom Simmons of Keller and helped Tom make two more felony cases on this Defendant. Detective Wilson always promptly returned our calls and juggled her busy training schedule to accommodate us. Due in large part to her efforts, the jury returned a verdict of fifty years against the Defendant, and that for a certified juvenile. Thank you again to your department and especially to Detective Wilson for her dedication and professionalism. Regards, U� Ben D. Leonard Assistant District Attorney Tarrant County, Texas Christy Jack Court Chief, CDC 1 Tarrant County, Texas SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY EMPLOYEE DOCUMENTATION FORM- COMMENDATORY This form serves as documentation of employee performance, which is significantly in compliance with or exceeds the current departmental standards. EMPLOYEE: Timothy Stites ID#: 191 DIV: Police EFFECTIVE ISSUANCE DATE OF COMMENDATION: October 07,1999 NARRATIVE SUNQvIARY: On Wednesday October 07,19" at about 0517 hours, Officer Timothy Stites was conducting routine patrol in the 2800 block of East Southlake Blvd. At which time Officer Stites observed 2 vehicles leaving the area of the Gateway construction site at a strange hour. He further noted that one of the vehicles was towing a yellow trailer, which was loaded with a concrete mixer. Officer Stites opted to conduct a traffic stop of the vehicle in tow, especially given the fact of several recent burglaries of area construction sites. After briefly attempting to stop the vehicle, the vehicle was brought to a stop, and the occupants fled on foot. Officer Stites gave chase. Moments later the second vehicle pulled ahead of the foot pursuit, stopped, and allowed the fleeing suspects to enter. Officer Stites returned to his vehicle. A short while later the secondary vehicle was located, abandoned, at 2050 Regional CT. Grapevine, Texas. Officer Stites impounded both vehicles, trailer, and concrete mixer. It was confirmed that both the trailer and concrete mixer had been stolen from the aforementioned construction site, valued at approximately $7,500 combined. As of the time of this report, the vehicles that were impounded were not reported stolen, and the owners had not been located. Officer Stites, utilizing his training and keen sense of awareness, was able to thwart a would be theft, recovering stolen property before the owner was aware. As a result of his investigative skills, Officer Stites demonstrated his understanding of agency policy and philosophy. Furthermore, and probably more importantly, Officer Stites evidenced an extreme level of professionalism which has reflected favorably upon the agency. ACKNOWLEDGEMENT: As the issuing supervisor, I acknowledge that the performance cited herein for the above named employee is in significant compliance with or exceeds the Department standards, that the issuance of this form is intended to recognize such performance through positive documentation, that the original of this fo has been forwarded for placement in the Departmental Administrative Reference�Files, and that a du i py has been forwarded to the employee. October 08, 1999 t le, Lieutenant Police Services Date di, &/ d October 08, 1999 Garland Wilson, Director of Public Safety Date SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY EMPLOYEE DOCUMENTATION FORM- COMMENDATORY This form serves as documentation of employee performance, which is significantly in compliance with or exceeds the current departmental standards. EMPLOYEE T. Stites ID#: 191 DIV: Police Services EFFECTIVE ISSUANCE DATE OF COMN4ENDATION: October 18, 1999 NARRATIVE SUMMARY. On Sunday October 17, 1999 at about 0415 hrs. Officer Stites was on patrol in the 400 block of W. Southlake Blvd. Officer Stites observed brake lights of a vehicle by the concession stand next to the baseball fields. Officer Stites at which time used good patrol tactics to approach the vehicle and call for assistance. Officer Stites upon approaching the vehicle observed three juvenile males around the vehicle and they appeared to be loading the vehicle with boxes from the concession stand. Upon being discovered two suspects ran back into the concession stand and the third ran to the north Officer Stites secured two suspects and due to perimeter being established the third suspect returned to Officer Stites due to escape being impossible. Officer Stites acted quickly and efficiently and more importantly professionally. Due to his actions at least several hundred dollars of property was saved not including the untold property damage that could have occurred to the property. Officer Stites then completed an excellent report that was above average and will assuredly lead to convictions in the future. Officer Stites also was issued commendatory letter on October 08, 1999 for similar circumstances. Officer Stites at that time interrupted theft of construction equipment and of vehicles. Officer Stites has again shown he understands the philosophy of the department by safe guarding the property of all persons on his watch- ACKNOWLEDGEMENT. - As the issuing supervisor, I acknowledge that the performance cited herein for the above named employee is in significant compliance with or exceeds the Department standards, that the issuance of this form is intended to recognize such performance through positive documentation, that the original of this form has been forwarded for placement in the Departmental Administrative Reference Files, and that a duplicate copy has been-femarded to the employee. October 18, 1999 i J. C. Hey, Sergeant Police Services' Date L ✓ �� October 18, 1999 Garland Wilson, Director of Public Safety Date Dr. Shereen Miller PH.D 152 W. Jellico Estates Southlake, TX 76092 TO: Mr. Garland Wilson The Director of Public Safety 667 N. Carroll Avenue Southlake, TX 76092 Carrie Fullington knelt by my bedside giving me hope and courage at a time when it was most needed. Though we met for the first time, her empathetic approach was so compelling that she was able to encourage me in a positive way. Indeed her extraordinary Intuition, Perception, and depth of Human understanding makes her extremely successful in her field of work. I wish for Carrie Fullington and the Department of Public Safety continued success and God's richest blessings. With deepest gratitude, Shereen Miller Oct-25-99 04:13P Benny's Bagels - Sauthlak 817-488-5648 P.01 To: Teddi Zonker From: Gerri Mosig Bennys Bagels 817 488-6848 817 488-5648 (FAX) Teddi. ASTRA is the student (or young woman's) division of the Altrusa Club of Downtown Dallas Foundation. I was told to send you the attached letters. If these aren't what you need please let me know and I call Robin Green from Carroll High School to help locate the correct paper work. Thanks for all of your help, the last minute calls, price changes and everything else. You were so kind and patient with us. Harvestfest was a huge success for the our girls club fund-raiser. We appreciate all of the time and trouble you put into it. Thanks again, Gerri :'ter `.. �� i `.:� - `\ t ' 'P• .,.tt.{ f `1.�. a •fit `� :F .•M •.� ✓ir. y._.. '�i..�, fir. . � it R 41 �e•yi 44t _ C 415 Fondren Ct ! SEP 2 2 6% Southlake, TX 76092 September 15, 1999 Mr. Ron Harper Director of Public Works 1725 East Southlake Blvd Southlake, TX 76092 Dear Mr. Harper, Just a brief note to let you know what outstanding service my wife and I received from Paul Ward, Shawn Poe, Cecil Gardner John Ford, Tim Hackrott, Ralph Foster, and Mike Monroe on a problem we recently had with our main sewer line. Their response time in tackling the problem was superb. We were also extremely impressed with their demeanor and professionalism. At no time did anyone involved make us feel like we were a bother. I can't tell you what a relief it was to get such a major problem handled so expeditiously. It's employees like Paul, Shawn, Cecil, John, Tim, Ralph and Mike, who provide such excellent service to the community, that makes Southlake such a great place to live. Their outstanding attitude and the pride they take their jobs reflects credit upon you Mr. Harper and the City of Southlake. Please commend all concerned for a job well done! My wife and I truly appreciate their efforts. Si el Mary Jana Bogos cc: Billy Campbell gpw City Manager's Report October 29, 1999 I�Kcoming Meetings City Council Meeting Agenda October 31, 1999 November 2, 1999 iri SPIN Citywide Meeting The following items will be addressed at the November 2 Regular Cin' Council meeting. Topic: Master Thoroughfare Plan Amendments Consent Agenda: 2:00 p.m. Council Chambers A) Approval of minutes of the Regular City Council meeting held October 19. 1999. November 2, 1999 B) Approve revisions to the Project and Community Matching Funds Policy. Regular City Council Meeting C) Resolution No. 99-75, Supporting creation of a Library Foundation and naming a City Councilmember to 7:00 p.m. City Hall the Board of Directors. November 3, 1999 D) Authorize City of Southlake Funding to Metroport Cities Partnership for continued support of transportation Southlake Youth Action Commission advocacy initiatives. 6:00 p.m. Community Center E) Award of bid to Parrott Communications for fiber optic network installation. Crime Control & Prevention District Board F) Authorize the City Manager to enter into a contract with New World Systems for a wireless connectivity 7:00 p.m. Council Chambers system. November 4,199 G) Authorize the Mayor to enter into a contract with Avalon Financial Services to serve as consultant to Planning & Zoning Commission coordinate the bid process for a depository contract. 6:30 p.m. Council Chambers H) Award of bid to Global Group for printing of City recreation catalogs and rejection of all bids for the November 6, 1999 printing of city newsletters. KSB Lonesome Dove Park Improvement Day I) Authorize the Mayor to enter into an Agreement for Community Services with the Women's Shelter. 9:00 a.m.-1:00 p.m. Lonesome Dove Park J) Approving the appointment of Ron Harper as Director of Public Works. `.A November 9, 1999 K) Resolution No. 99-76 Adoption of Annexation Plan for the City of Southlake. SPIN Citywide Forum L) Authorize the City Manager to enter into a lease agreement with Lanier Corporation to provide copiers for r Topic: SH 114 Construction city facilities. 7:00 p.m. Johnson Elem. 1301 N. Carroll Ordinances, second readings, public hearings, and related items: !A9 November 11. 1999 A) Ordinance No. 754, Amendment to the City's Master Thoroughfare Plan, to provide for a connecting street - ISP11� ,'ra SPIN #6 Meeting between White Chapel Boulevard and N. Peytonville Avenue. Topic: Redevelopment of SH 114 Kimball B) ZA 99-087, Site Plan for Chick-Fil-A, Location: Southeast comer of the intersection of E. Southlake Square on NW comer of SH 114 and Shady Lane Boulevard (F.M. 1709) and S. Kimball Avenue. Current Zoning: " C-3" General Commercial District. SPIN 7:00 p.m. Senior Activity Center #7' Ordinances, first readings, and related items: November 18 1999 SPIN Vacancy Meeting A) Ordinance No. 480-317, Rezoning and Development Plan for Crown Ridge Addition, Location: West side of m. Senior Activity Center North White Chapel Boulevard approximately 700' south of West Bob Jones Road. Current Zoning: "AG" Agricultural District. Requested Zoning: "R-PUD" Residential Planned Unit Development District. SPIN #1. Public Hearing set for December 7, 1999. Planning & Zoning B) Ordinance No. 761, An ordinance amending Ord. No. 682 relating to the manner of appointment and terms of office of the members of the board of directors of the Tax Increment Reinvestment Zone Number One of Meeting Agenda the City of Southlake; providing that this ordinance shall be cumulative of all ordinances; providing a November 4, 1999 severability clause; and providing an effective date. Public Hearing set for December 7, 1999. Resolutions: The following items will be addressed at the A) Resolution No. 99-77, Casting City of Southlake votes for election of members of the Board of the Tarrant November 4 Planning & Zoning Commission Appraisal District meeting. B) Resolution No. 99-78, Appointing three members to the Board of Directors of the Tax Increment Zone Regular Agenda: Number One of the City of Southlake. ZA 99-092, Site Plan for Southlake Marketplace, Other items for consideration: Phase III on the south side of W. Southlake Blvd a A) Authorize the Mayor to execute a developer agreement for Versailles. Phase III. l 00' Davis Blvd. (SPIN #16) approximately 500' east approximately B) Authorize the Mayor to execute a developer agreement for the Sabre Group Campus, Lots 1-4, Block 1. 99-mat Use Permit for the Sale of Pe C) Authorize the Mayor to execute a developer agreement for Kirkwood Hollow, Ph. II. Alcoholic Beverages for premise Consumption r On-premiseCo u D) Authorize the Mayor to execute a developer agreement for Crossroads Square, Lots 2R 1, 2R2 and 4R. per Zoning Ordinance Sec. for E) Authorize the Mayor to enter into a seven (7) year lease/purchase agreement between Motorola, Inc. and the Blue Bamboo Chinese Bistro at 480 W. Southlake City of Southlake for 800 MHz radios and consoles for police services. Blvd.. Ste. 101. (SPIN #10) F) Authorize the Mayor to enter into a renewal contract between Euless B&B Wrecker and the City of Ord. No. 480-HH, Revisions to the Southlake for emergency and non -emergency wrecker service. Comprehensive Zoning Ordinance No. 480, as G) Authorize the Mayor to enter into Amendment #3 with Cheatham and Associates for architectural and amended, regarding regulations on outside storage, engineering services relating to proposed improvements at Bob Jones Park. outside display, and screening. Other items for discussion: Ord. No. 480-II, Revisions to the Comprehensive A) Ordinance No. 585-B, Amending Ordinance No. 585-A, Tree Preservation Ordinance. Zoning Ordinance No. 480, as amended, regarding B) Ordinance No. 480-JJ, Amending the Comprehensive Zoning Ordinance with regard to impervious coverage regulations on carports, covered parking, and requirements for non-residential. parking garages on non-residential property. Ord. No. 585-B, Revisions to the regulations of New Volunteer Opportunities Tree Preservation Ordinance No. 585-A. o. 480-JJ, Revisions to the Comprehensive Ordinance No. 480, as amended, regarding The design phase for the new Southlake Volunteer Program (SVP) has ons on impervious coverage in the non- Ctial been completed. City Departments are in the process of doing their zoning districts, and correcting volunteer needs assessment. landscaping regulations in Ordinance No. 480 to V remove any conflict with the provisions of Immediate volunteer needs have been determined for office support in both Landscape Ordinance No. 544-A. Economic Development and Community Services. If you can give r/z day a ' week, call Nona Whitehead at 481-2776 for more information November 1999 ,1 .. Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 6:00 PM Special 7:00 PM City Coun- 6:00 PM Chamber 7:30 AM Southlake 9:00 AM - 1:00 PM SPDC Meeting @ cil Mtg @ City Hall Chili Cook -off @ Exe Forum KSB Lonesome City Hall Classic Chevorlet 6:30 PM P&Z Mtg Dove Park Improve- 6:00 PM SYAC @ @ City Hall ment Day Comm Ctr 7:00 PM Crime Control @ City Hall 7 8 9 10 11 12 13) ( 7:00 PM Park Board 1:15 PM Sr Adv 12:00 PM Siayor's 6:00 PM JUC Mtg @ 10:00 AM KSB Mtg @City Hall Cmte CVvisory Cmte @ Sr Bicentennial Park Texas Recycles 7:00 PM Drug & Alcohol Cmt @ City 5:00 PM Special SYAC Mtg @ Sr Ctr 7:00 PM SPIN #6 Mtg @ Sr Ctr Day @ Home Depot Hall 7:00 PM SPIN 5:00 PM Youth Park Board @ Comm Ctr 7:00 PM ZBA Meet- ing @ City Hall Citywide SH 114 7:00 PM Sister Cities Mtg Forum@ Johnson @ Sr Ctr Elem ,14 15 16 17 18 19 20 5:00 PM - 8:00 PM City Council Meeting 4:00 PM SYAC Mtg 6:30 PM P&Z Meet- SYAC/Tinsel Time Cancelled @ PW Facility ing @ City Hall on Ice Ronald 7:00 PM KSB Mtg 7:00 PM SPIN McDonald House @ Comm Ctr Vacancy Meeting Benefit @ Tandy @ Sr Ctr Center 21 22 23 24 25 26 27 11:30 AM Chamber 5:30 PM SPIN Exec Luncheon @ Cmte Mtg @ Solano Marriot Admin Bldg ThanksRivine Holida -City Offices Closed 28 29 30 Meetings subject to change. Please call for more information prior to attending. 7 `J L• City of Southlake, Texas MEMORANDUM October 29, 1999 TO: Billy Campbell, City Manager FROM: Shawn Poe, Senior Civil Engineer SUBJECT: CIP Status Report Attached is the status report of projects currently included in the City's Capital Improvement Program for 1996-2000. This monthly report is in a narrative format, which describes the ongoing progress of each project. A graphical schedule of each project is also included which shows the current schedule with it's corresponding baseline schedule. These narrative and graphical updates will include the following sections: 1996-2000 Municipal Facilities 1996-2000 TIF District Projects 1996-2000 Sewer Infrastructure CIP Projects 1996-2000 Dove Pressure System CIP Projects (moo" 1996-2000 Water Infrastructure CIP Projects 1996-2000 Roadway Improvement CIP Projects 1996-2000 Neighborhood Sewer/Street CIP Projects City Projects Affiliated with S.H. 114 Reconstruction S.H. 114 Project Status Miscellaneous Projects If you have any questions regarding any of these projects, please call me at extension 846. SEP/sep Attachment: CIP Report t 7 31 MONTHLY CAPITAL IMPROVEMENT PROJECTS UPDATE November 1999 1996-00 Sewer and Water Infrastructure CIP Projects MUNICIPAL FACILITIES Project Description: Funding Year(s): Budgeted Amount: Project Cost to Date: Public Works Center Improvements 97-99 $540,540 $607, 520 Justification & Project Description: The current Public Works Center was a legal nonconforming site. The City Council has directed staff to budget each year for improvements so that the site will eventually conform to the City's ordinances. The City Council has approved installing a masonry fence around the property line of the site, paving the parking lots, installing a fat;ade to the existing building, and various improvements within the building to conform to ADA requirements. Each year, staff will budget funds and propose improvements to the site. The schedule of the current improvements follows: ID Task Nam a Duration 1999 2000 1 2 ov Dec Jan IFebi Mar Apr May Jun I Jul lAuglSep Oct Nov Dec Jan IFeb I Mar I Apr May I Jun I Jul ug Sep I Oct JNov Dec Jan Feb Mar Apr May Jun 1 207 Public Works Center ... ............ ........_. .. 336d .............. 208 Design 90d Review Flans 21d 100% 209 100% 210 Finalize Plans 10d Advertise 28d ....... ...... .............. ...... _.. ............ . Cound 8d Award 1d 100% 211 212 100% I 112 213 . _.... ........... _.. . Obtain Contract Acuments 5d Preconstruc.cn _-onference td Construction 180d 100% 214 8120 215 65% TIF DISTRICT PROJECTS Project Description: S. Kimball from FM 1709 to Crooked Lane Funding Year(s): 99-01 Budgeted Amount: $4,472,282 Project Cost to Date: N/A Justification & Project Description: The CISD is proposing a Middle School and an Intermediate School along S. Kimball between FM 1709 and Crooked Lane. The CISD is also proposing to build a transportation facility and a stadium along the future S. Kimball (south of Crooked Lane). With these proposed improvements, the traffic will substantially increase along S. Kimball. The proposed roadway will be a four -lane divided cross-section. The City must acquire right-of-way for this project. This project will be funded for design in the FY99-00 CIP 1 budget. The construction of this project is planned and will be funded in the FY00-01 CIP budizet. The Citv intends to have this oroiect completed by Au>7ust 2001 (new schools nnen) ID I Task Name Duration 2D00 2001 Sepi Oct I Nov1 Decl Jan I Feb iMarlApr May Jun 111 uglSeplOctlNavlDec Jan Feb Mar Apr May Jun 1lTA_ug1Sep1Oct1Nov1Dec1 Jan Feb Mar 217 218 219 220 S. Kimball from FM 1709 to Crooked 465d Desgn 1Xd Review Rans 21d Obtain Right of My 120d .......... _...... ....... ...... _...... I i 0% 0% 0% 221 222 Finalize Pans 10d ._Advertise 28d Counci&dAward .._ 1d Obtain Contrail ocuments 15d ...... ............. 0% 223 11130 224 0% 225 Freconstruction C eerence 1d 12f12 226 Construction 180d 0% Project Description: S-7 Sewer Line Extension Funding Year(s): 97-00 Budgeted Amount: $1,000,000 Project Cost to Date: N/A Justification & Project Description: The S-7 sewer line serves the southeast portion of the city. With the construction of this extension, the city can eliminate the wastewater treatment facility at Bank Place. This sewer line will also serve the CISD site (Stadium & Transportation Facilities) in this portion of the city. The estimated design and construction cost for this project is $1,000,000. A portion of this project has been designed (through the petroleum facilities). The required easements are now being obtained for this portion. The remainder of this project has been approved for design by the City Council is underway. 1998 1999 2000 T 2001 ID Task Name Duration DJFMAMJ JASONDJ FMAMJ JAS0NDJ FMAMJ JAS0NDJ FMAMJ JA 122 S-7 Sewer 6dension 688d .................................................................... 123 Desgn 512d 50% .... ...... ......... ....... .............. 124 Review Plans 15d 100% ........................ ....:....... _ .... 125 Obtain Right of Pray 325d 15% ........................ . ......... ........... 126 Finalize Pans 15d 127 Advertise 21d 0% 128 Council Bid Award '.a p 1I18 129 Obtain Contract=ccuments 15d © 0% ... ....... ..... 130 Reconstruction ,xference 1d yg 131 Construction 180d M 0% Project Description: 12" Water Line on Continental from Crooked Lane to Heritage Business Park Funding Year(s): 97-99 Budgeted Amount: $162,000 Project Cost to Date: N/A 2 Justification & Project Description: This water line is crucial in providing a redundant source of fire flow for Heritage Business Park. This water line will also provide a loop with the existing water lines from Commerce Business Park and Heritage Business Park to the proposed 12" water line along Continental. The estimate for this water line $162,000. This water line will be installed as part of the same contract to build S. Kimball from Crooked to Heritage Busiless Park. 1999 1 2000 2001 2002 j ID Task Narne Duration MI J1 J1 A ISI OINI DI J I F M A IMI J I J A ISI 01 NJ D J FMAMJ I J A ISI-01NI D J I F1 MIAIMI J I J JA 1 SON D' J 111 12' Line on continental to Heritage 196d 112 Design 60d 1V% 113 Review Hans 21d % I 114 Obtain Right of Way Od 3 j �J....................... ........ . 115 Finaftze Hans 10d 0% 116 Advertise 28d 0%; 117 Cound Bid Aw ard Id % 118 Obtain Contract Documents 15d 0°b 119 Reconstruction Conference 1d gyp% ............ 120 Construction 60d 0°6 Project Description: 12 " Water Line along Continental to Crooked Lane to S. Kimball to F.M. 1709 Funding Year(s): 96-98 Budgeted Amount: $490,000 Project Cost to Date: N/A Justification & Project Description: Currently, the existing 12" water line along FAA 1709 is fed only from one direction. With the construction of the above referenced water line, a loop with the existing 12" water line along F.M. 1709 with the 12" water line along Continental will be created. The plans for this project have been completed and reviewed by the city. The city is in the process of obtaining the reauired easements for construction. 1997 1998 1999 2000 ID Task Name Duration N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J I J I A S 67 ContinentalMinba8 Water 891d 68 Design..._ 60d % 69 Review Hans 21d 70 Obtain Rgtt of Way 675d t % 71 Fnat¢e Hans .......... 10d 72......... . . . Adve trse 28d IN 0% 73 Cound Bid Award 1d �' 12I30 74 Obtain Contrail Documents 1 Sd o % 75 ReconsVm uctConference 1d 0 10 76 Construction ...___.__... 0 Project Description: S. Kimball Extension from Crooked Ln. to Heritage Business Park Funding Year(s): 99-00 Budgeted Amount: $1,978,887 Project Cost to Date: N/A Justification & Project Description: The projected cost for this project is estimated to be $1,978,887. This roadway will provide access to the CISD site (stadium and transportation facility). The roadway will be a divided four -lane arterial roadway. The extension of Continental from Crooked Lane to the proposed S. Kimball is included in the project. The City intends to have at least two -lanes constructed from Crooked to the CISD site by June 2000 (scheduled start time for stadium). 9 2000 2001 ID Task Name Duration JullAuoseooclNoqDe Ja Fe Ma AloMa Ju Jul Au Se O No De Jad Feq Mai AloMaj,lud JullAugSeo Ocl No D Jar 130 5. Kimball from Crooked to 306 Heritage 131 Design g0c30% 132 Review Plans 14 0-, ......................... ,. 133 Obtain Right of Od is 18 134 Finalize Plans 7d 0% 135 Advertise 28 0% 136 Council Bid Award 1d : /28 137 Cbtain Contract 15d, Documents 3 Preconstruction 1d4/1A 1 . ..Conference _.. --—= ------ — 139 Construction 150 Q% Project Description: Oversizing of 20 Water Line Through Town Center Funding Year(s): 99-00 Budgeted Amount: $250,000 Project Cost to Date: N/A Justification & Project Description: The current Master Water Concept Plan requires a 20" water line to loop with the existing 20" transmission line along N. White Chapel and the existing 20" transmission line along F.M. 1709. The proposed route for this water line is along N. Carroll from F.M. 1709 to S.H. 114 thence along S.H. 114 to N. White Chapel. Due to the future vertical alignment of the proposed N. Carroll/S.H. 114 intersection, the city proposes to locate the section of this 20" water line from F.M. 1709 to S.H. 114 through the Town Center Development. The construction of the first phase of the water line is complete. The second phase will be constructed in conjunction with the second phase of Town Center. 0 Z/. J t SEWER INFRASTRUCTURE Project Description: Dove Estates Lift Station Funding Year(s): 99-00 Budgeted Amount: $300,000 Project Cost to Date: N/A Justification & Project Description: Currently, the Dove Estates subdivision is served with sanitary sewer. This sewer flows to a small treatment facility where it is treated and discharged into Lake Grapevine. This treatment facility is a maintenance problem and requires daily upkeep. In order to abandon the treatment facility, a lift station needs to be constructed so the sewer can be pumped within a force main to the gravity sewer located in Lonesome Dove Estates. The force main has been constructed (in conjunction with Lake Drive improvements). The design of this project is complete and the plans have been reviewed by the city. The project will be advertised for bids following the completion of the Dove force main project, which is currently under construction. 2000 1 2001 1 2002 1 2D03 ID Task Name I Duration J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J 56 Dove Estates Lift Station 130d, 57 56 59 60 Desgn 1d Review Hans 1d Obtain Fignt of Way Od .. .FnafzaPlans .._... 1d 100% 100°6 61 Advertise 21d 096 62 CouncdBidAward 1d 14 63 Obtain Contract DocuneMs 15d 0% 64 ......... ......... Reconstruction Conference 1d ....... 526 65 ........_._.........................9..... Construction 0d 0% A Project Description: N-5 Sanitary Sewer Line (From FNI 1709 to Kimball Ave.) Funding Year(s): 97-00 Budgeted Amount: $517,500 Project Cost to Date: $479,009 Justification & Project Description: This sanitary sewer line will serve the properties located between F.M. 1709 and S.H. 114 from the Wall Street bridge to Kimball Ave. Following the construction of this sewer line, the lift station at Bank Street will be eliminated. Construction has begun on this project. 5 t 31 ID Task Name Duration 1998 F I MIA I M I J I J I A IS 10 1 NJ 1 1999 J F M A M J J A S O N 0 2000 J F M A M J J A S O N D 2001 J FMAMJ J A SON D 133 N•5SewerEdension 510d 134 Design 262d Review Flans 15d Obtain RigN of Way 150d Finalize Fans 15d ........ 100% 135 100% 136 137 100% 138 Advertise 21d ......... 139 Council Bid Award 1d .. 100 140 .. _..... .......... Obtain Contract Documents 15d 1 % 141 Reconstruction Conference Id 1 t I 142 Construction 180d 10% DOVE STREET PRESSURE SEWER SYSTEM The following projects are necessary to conform to the Trinity River Authority (TRA) Denton Creek Diversion Agreement. The projects will eliminate the diversion of sanitary sewer from the Denton Creek basin to the Big Bear Creek basin. These projects must be complete by November 2000 or the City is subject to additional costs from TRA until the diversion of sewer ceases. Project Description: Dove St. Force Main (Lonesome Dove Ave. to Kirkwood) Funding Year(s): 96-00 Budgeted Amount: $1,747,000 Project Cost to Date: $2,080,318 Justification & Project Description: The first phase of this project was originally approved and funded for the FY1996-97. The first phase will be constructing a 14" force main along Dove. St. and constructing a lift station located at Dove. St. and Lonesome Dove Ave. In the future, an additional 18" force main along Dove St. will be required in order to serve the subsequent development and the existing homes connecting to sewer. Therefore, instead of constructing the 18" force main at a later date and disturbing the area a second time, the city will construct the 18" force main at the same time as constructing the 14" force main. The lift station at Lonesome Dove is scheduled to be completed in November 1999. Construction has begun on the force mains. The portion of the gravity sewer line from Kirkwood Hollow to Dove Street, which is a portion of the Dove Street force main, is complete. 1997 1998 1999 2000 ID Task Name Duration O N O J F M A M J J A S O N D J FMAMJ J A S O N D J F M A M J J A S 0 N D J IMIAIMIJIJIA 45 Dove Street Force Mains 911d ON 46 Design .. _ 347d % 47 Review Fans 65d ® 10 0% 48 9. ......... Obtain fa N of VVay ... ........ 393d 100% 49 Finalize Plans 10d 1L 50 .. ....... ......... Advertise ......... 28d r 1 % 51 ........................... .......................................... Council Bid Award 1d 3 52 ...--------------------------- ....................:...... Obtain Contract Documents ..... 5d h1P0% 53 Reconstruction Conference 1d 0 54 Construction 180d 0% 518-7 t Project Description: 18 " Force Main from Raintree Vicinity to Kirkwood Blvd Funding Year(s): 97-00 Budgeted Amount: $2,000,000 Project Cost to Date: N/A Justification & Project Description: This force main will convey the sewer from the Raintree/Shady Lane vicinity to the proposed sanitary sewer line at the intersection of Dove St. and Kirkwood Blvd. This project has been designed and the required easements for the force main are being obtained. ID Task Name Duration A S O N D 1998 J F M A M J J A S O N D 1999 J F M A M J J A S O N D 2000 J F M A M J J A S O N D J F M A 78 Force Malin from Ralntree Vicinity 788d ._Design ... 287d ................. ... ............. . _... ....... 79 100% 80 Review Flans 1148d 81 Obtain RgM of Way 286d 25% 82 FnaizePlans 20d ® 0% 83 .... ..................... Advertise 28d .. .................................. 0% 84 ...... Council Bid Award 1d t Oq{ 85 Obtain Contract Documents 15d Pr onstruction Conference id Construction 150d fl 0% 86 p% 87 j 0% Project Description: Lift Station Located in the Raintree; Shady Lane Vicinity Funding Year(s): 97-00 Budgeted Amount: $650,000 Project Cost to Date: $504,750 Justification & Project Description: This lift station will pump sanitary sewer from the Raintree/Shady Ln. area to the gravity sanitary sewer located at Dove St. and Kirkwood Blvd. This project is under construction and is scheduled to be complete by November 1999. The anticipated schedule is as follows: 1998 19" 2000 ID Task Name Duration A S O N D J IFIMIAIMIJ J IAISIOINID J F M A M J J JAIS O N D J I F M A M I J I J JA I S 10 1 N I D J F M A 89 lift Station g RatntretiShady Area 582d 90 Design 185d 10096 91 ....... . ............ Review Plans ..... .. 45d % t 92 .... ... .. ................. .. Obtain Rigtd of Way ......... 5 150d 100% 93 FnafzePlans 20d 94 Advertise 59d 100% 95 Council Bid Award Id 1006 96 ................................. Obtain Contract Docranents ....... .. 15d . % 97 ReconsWtim cConferenceY 1d 0% 98 Construction 150d 85% U Project Description: N. Kimball Sewer Mesco Lift Station to RaintreelShady Ln. Lift Station Funding Year(s): 97-00 Budgeted Amount: $305,500 Project Cost to Date: N/A Justification & Project Description: This sanitary sewer line will begin at the existing lift station located near the Mesco property and extend to the proposed lift station in the Raintree/Shady Lane area. With the construction of this line, the existing lift station at Mesco will be eliminated. This project has been designed and the required easements are being acquired by the it . ID Task Name Duration A S O N D 1998 J F M A M J J A S O N D 1999 J I F M A I MI J I J JA S O N D 2000 J F M A M J J A S O N D J F M i 100 101 102 N. Kimball Sewer from Mesco to Raintree 788d Design 333d Review Rans 112d 100% 103 Obtain Right of Vvay 240d 25 104 105 106 107 108 109 Finalize Pans 20d Advertise 28d .................. .......... ........... ........... _ .............. Council Bid Award 1d Obtain Contract Documents 15d F4econstrucban Conference id construction 150d ® I 0 o% j �0% ®; 0% 0% 0 WATER INFRASTRUCTURE M Project Description: 24" Transmission Water Line from Trophy Club to Ground Storage Tank No. 2 Funding Year(s): 97-00 Budgeted Amount: $1,511,000 Project Cost to Date: N/A Justification & Project Description: This water line will provide a second main feed for the city from the City of Fort Worth. The design of this project is complete. The construction plans have been reviewed by the city and are finalized. The city is in the process of obtaining the necessary easements for this project. Currently, there are 2 easements yet to be obtained. This project was awarded to the contractor but the contracts have not been executed and will not until the easements have been obtained. M Project Description: 12 " Waterline from the T. W. King Pump Station to the Solana Office Complex (Sabre building Funding Year(s): 99-00 Budgeted Amount: $94,500 Project Cost to Date: N/A Justification & Project Description: As part of the agreement between the developer of the Solana office complex and the City, the City is required to provide a redundant water feed to serve the office complex. Currently, the City provides water to the office complex via a waterline along Kirkwood Blvd. The City has an agreement with the Town of Trophy Club to provide water to the office complex in an event that the water pressure in the Southlake waterline drops below a certain pressure (20-psi). The 12" waterline from the T.W. King Pump Station will provide the redundant water feed and the Trophy Club agreement will not be needed upon the completion of the project. This water line cannot be constructed until the T.W. King pump station is operational. Project Description: 12 " Water Line on E. Dove St. from White Chapel to Carroll Ave. Funding Year(s): 99-00 Budgeted Amount: $300,000 Project Cost to Date: N/A Justification & Project Description: This water line will replace the existing 6" water line along E. Dove Street. The engineering is complete and the City is reviewing the plans. There will be several easements required. 9 1998 1999 2000 2001 ID Task Name Duration F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S 122 12" on EDove from WC to Carroll 668d 123 Design 163d j 124 Renew Plans 210d % _.._, 125 Obtain Right of Way 150d 0% 126 Finalize Rans 10d 127 Advertise 28d 0% 128 ............................................ .......................... Council Bid Award ...... . 1d 129 Obtain Contract Documents 15d m 0% 130 ..................... ............................. Reconstruction Conference .. ........ td ! i' M0% r 131 Construction 90d 0% Project Description: 12" Water Line on N. White Chapel from W.Highland to F.M. 1709 Funding Year(s): 97-99 Budgeted Amount: $110,200 Project Cost to Date: N/A Justification & Project Description: The current 12" water line along N. White Chapel is deteriorating and requires replacing. It was once thought that the entire water line from FM 1709 to Highland would have to be replaced. However upon further investigation, the water line only needs to be replaced from FM 1709 to Bicentennial Park. The design of this project will be incorporated with the design of the proposed intersection improvements (TMB program). Project Description: 30"/36" Waterline along N. Pearson and Randol Mill and Pump Station Improvements to the Southlake / Keller Pump Station Funding Year(s): 98-02 Budgeted Amount: $5,733,516 Project Cost to Date: $294,000 Justification & Project Description: The 30"/36" waterline is required to complete a looped transmission water system for the City. The looped water system will provide a redundant water feed to the City from the City of Fort Worth. The FY 98-99 CIP budget provides funds to engineer the water line. The construction of the waterline is scheduled to begin in the FY 99-00. At the Southlake / Keller Pump Station, a 3MGD pump was replaced with a 1 OMGD to increase the pumping capacity. In the FY98-99 CIP budget, $300,000 of the $5,733,516 was budgeted for the pump station upgrades. Project Description: McKee Water System Purchase and 8" Water Line Construction for Oak Lane Residents Funding Year(s): 97-98 Budgeted Amount: $175,000 Project Cost to Date: $25,000 10 .crl!,Q // U L Justification & Project Description: The residents of Oak Lane are being served water via a private water system, which was owned by the McKee Water System. The City purchased the rights for the private water system. The city proposes to construct an 8" water line to serve the residents of Oak Lane. Following the construction of the water line, the private well water system will be abandoned. The water line is scheduled to be constructed as part of a CDBG project in 2000. Project Description: Pearson Ground Storage Tank No. 2 Funding Year(s): 98-99 Budgeted Amount: $1,687,400 Project Cost to Date: N/A Justification & Project Description: The demand for water is increasing each year for the City of Southlake. This project will enable the City to store an additional 5 million gallons of water during peak usage (summer). The project is scheduled for completion in November 1999. Project Description: Pump Station No. 2 at T.W. King Rd. Funding Year(s): 97-99 Budgeted Amount: $3,110,000 Project Cost to Date: N/A Justification & Project Description: This pump station will provide water storage and distribution to the northern part of the city. The tank itself was approved and funded for the FY1996-97 for an estimated cost of $600,000. Construction of the tank is complete. 1997 1 1998 1 1999 1 20M ID Task Name I Duration JOINID J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M 111 T.W. Xing Ground Storage Tank 734d 112 Design ... 292d 100% 113 ...... ............. ............................. Review Rans 103d ® 100°6 1-4 Obtain of Way Od 115 ............................. Finalize Rans ............ 20d Cz 116 Advertise ...... _..... 28d ® 100°b 111 ................ Oaunci&dAward .......... 1d 100°b 118 ............................ ... Obtain Contract Docunents 15d 100% 119 ReconsWcbonCmference 1d 100°� 120 Cmstruction 210d 80% Project Description: 12 " Water line along Peytonville from Dove to Raven Bend Funding Year(s): 99-00 Budgeted Amount: $390,000 Project Cost to Date: N/A Justification & Project Description: The City's water system has two pressure planes; a high-pressure and low-pressure plane. The high-pressure plan serves the western portion of the City (bordered by Dove to the north, Peytonville to the east, Pearson to the west, and FM 1709 to the south). This water line will replace the 8" water line along Peytonville and will be an integral art of the high-pressure lane. 9 20D0 2001 2002 ID Task Name Duration J A S O N D J F M A M J J A S O N D J F M A M J J A S 0 N D J F M A M J J A S 0 N D J F M A 155 K Peytonvile 12' Water Line 233d 156 Desgn 60d Now 0% ................... . ...... 157 Review Flans 15d 0% .. 158 Obtain Rpfi of Vyay Od 14 .............................. 159 Finafze Plans 15d 0% 160 Advertise 21d I p% 167 Council&dAward 1d i; 0% ............. ......... ....... .. 162 Obtain Contract Documents 15d O% 163 ReconsWction Conference td OX 164 Construction 120d 0% 12 �,9-13 MONTHLY CAPITAL IMPROVEMENT PROJECTS UPDATE November 1999 1996-00 Roadway Improvement CIP Projects Project Description: Slurry Seal in L'arious Subdivisions Funding Year(s): 97-00 Budgeted Amount: $280,000 Project Cost to Date: N/A Justification & Project Description: The city has established a roadway rehabilitation program for existing asphalt streets. Primarily, the rehabilitation of the streets will consist of a slurry seal application over the existing asphalt. The city plans to slurry seal each subdivision that has had sanitary sewer constructed to serve the subdivision. The city plans to slurry seal the various subdivisions approximately one year following the construction of the sanitary sewer. Funds have been appropriated to slurry seal Emerald Estates, Highland Estates, Whispering Dell Estates, Dove Estates, Harbor Oaks, Brittany Court, Raven Bend, and Hunter's Ridge. The Street Department is repairing road base failures as needed within these subdivisions. Once these repairs are completed, this project will be bid out. Project Description: Continental Blvd from Davis to Peytonville (4w Funding Year() s : 97-99 Budgeted Amount: $755,750 Project Cost to Date: N/A Justification & Project Description: The scope of this project involves reconstructing the roadway and improving the drainage along Continental. The roadway width will be increased to three lanes along Carroll Elementary. A 6' trail will also be constructed from Country Walk to Scenic Drive. This project has been delayed for several reasons. The design was revised to save removing trees on the Carroll Elementary school site. The developer of Southlake Woods let the Final Plat expire three times and an extension had to be granted by Council twice. The extensions were required so that the developer could legally file the plat with Tarrant County. The Final Plat will be filed with Tarrant County so the right-of-way dedication will be complete. Once the right- of-way is obtained, the franchise utilities can be relocated and then construction of the roadway can begin. The utilities are anticipated to be relocated by the end of November. Therefore, construction is anticipated to begin in early December 1999. A 31 Project Description: Continental Blvd from Peytonville to White Chapel Funding Year(s): 99-00 Budgeted Amount: $1,244,672 Project Cost to Date: N/A Justification & Project Description: The scope of this project involves reconstructing the roadway and improving the drainage along Continental. The culverts will be replaced at the creek crossings. The roadway width will be increased I'-2'to provide a 22' roadway. A 6' trail will be constructed from Scenic Drive to White Chapel. The plans are near completion and the City will begin acquiring the necessary drainage easements after the plans are complete. The project is anticipated to be complete prior to school beginning in 2000. 1999 2000 2001 21 ID Task Name Duration S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N O J F M A M J 67 Continental Blvd, Phase 2 458d 68 Design 120d 80°6 69 ............. Review Plans 21d 0°6 70 Obtain Rght of Way _.... t00d 0°A 71 ......... Finalize Plans tOd a ; 72 Advertise 21d % 0% 73 Council Bid Award 1d 1(J 74 Obtain Contract Documents 15d 0% . 75 Fteconstructwn Conference 1d 125 16 Construction ........... .. . 180d 0% Project Description: W. Dove Reconstruction from S.H. 114 to N. White Chapel Funding Year(s): 97-00 Budgeted Amount: $404,260 Project Cost to Date: N/A Justification & Project Description: Construction of this project involves reconstructing the existing roadway. The widening of the existing cross-section of this road will be limited to 1 to 2 feet to provide a width of 22'. Minor drainage improvements will also be constructed for this project. The contract has been awarded and construction is anticipated to begin in late 14 V,t3-1.5' NJ A November. The project is being delayed because the existing franchise utilities are currently being relocated. Project Description: W. Highland Street from Shady Oaks to White Chapel Funding Year(s): 97-00 Budgeted Amount: $395,740 Project Cost to Date: N/A Justification & Project Description: This project involves reconstructing the existing roadway. Although the widening will be limited to 1'-2' to provide a 22' wide roadway, the alignment of W. Highland will be realigned with E. Highland. The project has been delayed because the franchise utilities have to be relocated at the intersection of Highland and White Chapel. These utilities will be relocated by the middle of November with the roadway construction startin thereafter. 1997 t 1998 1999 ID Task Name Duration A SO N D J F WIT M J 11 JA S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M 12 Fighland (Shady - M) 884d 13 Design.. 65d % ............................ .. ......... 14 Review Plans 21d 00% 15 Obtain Right of Way 639d p ................. 16 Finalize Plans 6d 17 Advertise 2 8 d j ® 0% 18 ' Counct Bid Aw and 1 d 0 729 ..................................................... 19 Obtain Contract Documents 15d ® 0% 20 Reconstruction Conference 1d I ! _....... _.. I erg- 21 Construction 75d I 0% Project Description: Union Church and S. Pearson Reconstruction Funding Year(s): 97-00 Budgeted Amount: $1,333,200 Project Cost to Date: N/A Justification & Project Description: The widening of the existing cross-section of this road will be limited to 1 to 2 feet to provide a width of 22'. The design of the water line along Union Church and S. Pearson will be incorporated in the design of this project. The design is in the beginning stages. The City of Keller has agreed to participate with the cost of constructing 15 r" A the roadway. An interlocal agreement has been approved. The City intends to have this project completed by the beginning of school in 2000. 1999 1 2000 2001 ID Task Name Duration Wyliuni Jul JAuglSepl Oct 1Nov1 Dec Jan Feb Mar JAprlWyl Jun I Jul Au Sep Oct Nov Dec Jan1Feb1lV1ar1Apr1l&y1Jun1 Jul JAuglSep Oct Nov 111 Union Church R S. Pearson 239d 112 Design 60d ... ........ 113 ...... _..... ........... ............ Review Flans 14d 53% 0% 114 Obtain Right of Way Od ............................. . 1 115 116 Fnal¢e Plans 7d Advertise 21d Count Bid Award ..._, Id Obtain Contract Documents 15d ......... .................... ...... _.... 0% 0% 117 10 118 0% 119 Reconstruction Conference td f3 120 Construction 120d 0°b Project Description: T. W. King Reconstruction Funding Year(s): 98-00 Budgeted Amount: $632,100 Project Cost to Date: N/A Justification & Project Description: This project will widen the roadway 1 to 2 feet to provide a 22' roadway. The limits of this project will begin at SH 114 to Bob Jones. Traffic has increased along this roadway over the last few years since a street connection was constructed from Troohv Club. The Sabre development will also increase the traffic along this roadway. ID Task Name Duration 2DOO 2001 Sepl Oct I Nov Dec I Jan I Feb IMar 1Apr1lVby1JunT Jul ug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 228 T.W IOng Reconstruction 316d ............. .. 229 230 ......... .................. Design 90d Revew Rans 21d 0% I 0% 231 232 Obtain Right of Way 30d FnalizeRans 1Od Advertise 28d Council Bid Award 1d Obtain Contract Documents 15d ................................................ 0% 7 0% 233 0% 234 627 235 I, 0% 236 ....................... .. Reconstruction Conference ld 7119' 237 construction 150d is 0% Project Description: W. Bob Jones Reconstruction Funding Year(s): 99-01 Budgeted Amount: $220,500 Project Cost to Date: N/A Justification & Project Description: The current roadway is deteriorated and in dire need of repair. The roadway will be constructed to provide a roadway width of 22'. The engineering will be accomplished in the FY99-00 and the construction will be funded and completed in the 16 -�&- i7 FY00-01. There may be a possibility that this project will be accelerated because of potential development in this area. Project Description: E Bob Jones Reconstruction Funding Year(s): 99-01 Budgeted Amount: $433,790 Project Cost to Date: N/A Justification & Project Description: The current roadway is deteriorated and in dire need of repair. The roadway will be constructed to provide a roadway width of 22'. The engineering will be accomplished in the FY99-00 and the construction will be funded and completed in the FY00-01. Project Description: F.M. 1709 Traffic Mitigation Projects Funding Year(s): 99-00 Budgeted Amount: $200,000 Project Cost to Date: N/A Justification & Project Description: The traffic along F.M. 1709 has increased substantially. Because of the increased traffic, residents are experiencing added delays in the travel time. The City intends to implement improvements along F.M. 1709 in order to mitigate traffic delay time. The first project will be converting the existing protected left turns from F.M. 1709 to protected/permissive. Therefore, vehicles will be able to turn left from F.M. 1709 onto side streets at the signalized intersections when a gap in the oncoming traffic exists when the traffic light is green. The bids for this project will be opened November 18, 1999. The conversion is anticipated to begin in December 1999. Another project is allowing dual right turns in the morning peak time at the intersection of S.H. 114 and Kimball for northbound traffic. This will provide vehicles shorter delays using this intersection as an alternate route to avoid the intersection of F.M. 1709 and S.H. 114. Project Description: Traffic Signal Lights on F.M. 1709 at Commerce Funding Year(s): 97-98 Budgeted Amount: $100,000 Project Cost to Date: N/A Justification & Project Description: This project has been awarded to a contractor. The poles were ordered and have been received. The poles cannot be installed until the deceleration lane for Gateway Plaza is constructed. The permit from TxDOT for the declaration lane has been submitted by the developer for approval, but has not been approved yet. The City anticipates construction to begin in November 1999 and completed in January 2000. 24 Project Description: Funding Year(s): Budgeted Amount: Project Cost to Date: Mustang Court Improvements to serve the Fuel Facilities along SH 26 97-99 $293,000 N/A Justification & Project Description: The City has an interlocal agreement with the City of Grapevine to construct roadway improvements in order to eliminate several existing railroad crossings. The City of Southlake is responsible for the cost to construct a cul-de-sac that the fiiel companies will use for access to their properties. The City of Grapevine will construct a deceleration lane on SH 26. This project has been designed TxDOT will bid this project in February 2000. Project Description: N. Peytonville Reconstruction from Dove to Raven Bend Funding Year(s): 99-00 Budgeted Amount: $1,625,000 Project Cost to Date: N/A Justification & Project Description: The traffic has increased recently due to residential development in the area. The existing pavement is deteriorated and in need of repair. This project will reconstruct N. Peytonville and provide a 22' roadway. The existing pavement is (4w, deteriorated and in need of repair. The City intends to complete this project by the start of school in 2000. ID Task Name Duration 2000 2001 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul ug Sep Oct Nov Dec Jan 1Feb1N,1ar JAprlhbylln I Jul lAuglSepi Oct Nov Dec Jan Feb Mar 239 zoo N. Peytonville Reconstruction 234d Design.... _.. 60d . Review Rans 14d Obtain Right of Way Od Anal¢e Rans 1d % _T41 242 0°k 2 243 L 0% 244 Advertise 21d ................. 0% 245 ................... Council Bid Award Id .................. �: 1 246 ................. Obtain Contract Documents 10d 0% i 247 .............................. .... Reconstruction Conference Id 8 248 Construction 120d 0% Project Description: N. Pearson Reconstruction Funding Year(s): 98-01 Budgeted Amount: $440,000 Project Cost to Date: N/A Justification & Project Description: This project involves reconstructing N. Pearson from FM 1709 to Florence. The roadway will be widened 1 to 2 feet to provide a 22' width. The City of Keller has agreed to fund 50% of the construction cost of this project. An interlocal 18 7/ ,�-/9 agreement has been approved by both cities. The engineering will occur during the FY99-00 and construction will begin late in the FY99-00 and will be complete in the FY00-0 1. ID Task Name Our ion z000 zgtn zooz Apr May ,M Jul Au Se Oct Nov Dec Jan Feb Mar Apr Ma Jun Jul Aug Oct Nov Dec Jan Feb Mar Apr May Jun Jul ug Sep Oct � 250 R Pearson Reconstruction 271d 251 1252 Design 75d Review Plans 21d ' 0% 0% i � 253 Obtain Right of Aky_ OG 254 255 256 FnaizePlans tOd Advertse 28d Council Bid A*and _ id 0% I 0% ; �g 257 Obtao Cantraa Documents15d 0% � 258 Fieconshuarn Conference Id 3113 259 Canstruchon t^Odj 0%j 19 --lT-l^- 3 ao 31 MONTHLY CAPITAL IMPROVEMENT PROJECTS UPDATE November 1999 1996-00 Neighborhood Sewer/Street CIP Projects NEIGHBORHOOD SEWER/STREET PROJECTS Project Description: Mission HillslChapel Downs Channel Improvements Funding Year(s): 99-00 Budgeted Amount: $400,000 Project Cost to Date: N/A Justification & Project Description: This channel extends within the Mission Hills and Chapel Downs subdivisions in a drainage easement. Currently, the channel has experienced severe erosion. This project will stabilize the side slopes of the channel and construct a pilot concrete channel (for the low flows). This project is currently being designed using funds previously aoorooriated in the CIP budizet. ID Task Narne Duration 1999 1 2000 2001 y Jun Jul Aug Sep I Oct Jt4ovl Decl Jan 1Feb1Nbr1Apr1May1 Jun I Jul 1Aug1Sep1Oct1Kbv1Dec Jan 1Feb1Mar1Apr1Wy1Jun1 Jul JAuSeolOctlWvi 261 262 Mission/Chapel Downs Channel 306d Design 110d I 0% 263 Revie Rans 21d 0 264 Obtain Rght of Way Od 265 FnaUe Rans 10d 0°b 266 Advertise 26d 0% 267 Council Bid AWard Id .. ....... 316 266 ................ Obtain Contract Documents 15d Reconstruction Conference 1d Construction 120d 0%' 269 I30 270 0% Project Description Funding Year(s): Budgeted Amount: Project Cost to Date: Johnson Road Reconstruction 99-00 $1,200,000 N/A Justification & Project Description: Johnson Road has experienced increased usage due to developments in the area. The existing road is severely damaged, largely due to a lack of drainage conveyance. This project will reconstruct Johnson Road to a curb and gutter roadway section. A storm drain system will also be constructed. The width of the roadway will be limited in order to save the trees that line the roadway. A water line will also be constructed as part of this project. The reconstruction will extend from Pearson to Randol Mill. The project is scheduled to be complete by October 2000. 20 N ID Task Name I Duration 9 2000 2W1 Jtl ug Sep Oct Nov Dec Jan lFebillibir JAprillibylim I id ug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul JAuglSepl Oct Nov Dec Jan 78 Johnson Road Reconstruction 316d ...................................... ....................................... . 79 so d. 21d Obtain Figtt of Way Od Finaf¢eFians ox 0% 81 82 93 Advertise 28d 0% 84 Council Bid AW and td I 619 85 Obtain Contract Documents 15d 0% I 86 Ftecansiruction Conference 1d I; 713 87 Construction 150d " 0% Project Description: Ridgecrest Drive Reconstruction Funding Year(s): 97-98 Budgeted Amount: $355,576 Project Cost to Date: N/A Justification & Project Description: This project involves reconstructing the existing roadway and constructing various drainage improvements. If needed, the widening of the existing cross-section of this road will be limited to 1 to 2 feet. This project scope also includes overlaying Southlake Park. The project was delayed due to the acquisition of several required drainage easements and the construction of a force main from the Loch Meadows development. Construction has begun on this project, but the project has been delayed further to relocate various utilitv conflicts. 1997 1 1998 1999 2000 ID Task Name Duration MIA)MI JI JIAISIOINIDI J IFIMIAIMI J1 J JAISJOINID J F M A M J J A S 0 N D J F M A M J J A S 0 N D 34 Ridgecrest Road 753d 35 9. Desi n 14Od 1OOx � I 36 .. Review Flans 5d 100% ® 37 Obtain Right of Way 257d 100% 38 Finalize Plans 1Od 39 Advertise 21d ® 100 % 40 Council Bid Award I 0 11117 41 ................... .............................. Obtain Contract Douments ............... 15d 1OO9G 42 ............. Reconstruchon Conference 1d 0 43 Construction'**-* 190d 25% Project Description: Burney Ln. Reconstruction from N. Carroll to Lonesome Dove Funding Year(s): 97-00 Budgeted Amount: $600,000 Project Cost to Date: N/A Justification & Project Description: Discussion: Construction of this project involves reconstructing the existing roadway. The roadway will be asphalt with concrete curb and gutter installed along the south side of the roadway (curb and gutter exists on the north side). Minor drainage improvements will also be constructed for this project. The design is complete, and the City is reviewing the construction Tans. This project was postponed until the improvements along Lake Drive were coin leted. 1998 1999 10 Task Name Duration NovIDec Jan IFebIMar IAprlAkyllun I ul ug Sep Oct Nov Dec Jan Feb Mar Apr Aa Jun JUAu Sep Oct Nov Dec Jan Feb Mar Apr I& 1 Sumey(CarrolltoLonesome Dave) 629d ............ . ............... .............. 2 Desgn 135d ieft 3 . Revew Bans. 100% 4 Obtain Right of Way Od 5 Frui Flans 10d ® 0% ............................. .............................. ........ ....... 6 Advertise 28d 0% ................ . 7 Council Bid Award I 115 ................. ............................ 8 Obtain Contract Documents 15d 0% ............... .................. .... ............... 9 FreconstrucbonConference 1d 1127 10 Construction 120d Project Description: Love Henry Court Reconstruction Funding Year(s): 97-99 Budgeted Amount: $359,000 Project Cost to Date: N/A Justification & Project Description: This project was approved to be funded for the FY1997-98 for an estimate of $109,00 to design and reconstruct the road. These proposed improvements include replacing the existing concrete curb and existing asphalt roadway and constructing minor drainage improvements. The City Council directed staff to include the sanitary sewer for this subdivision as part of this project. The estimated cost for the sanitary sewer is $350,000. The project is designed and the plans have been reviewed by the city. The City recently acquired a required easement from a property owner. This project will be out for bid in November 1999. 1998 1999 2000 ID Task Name Duration Jan IFeblf&rlAprl May Jun Jul ug Sep Od Nov Dec Jan Feb Aar Apr f& Jun It up Sep Oct Nov Dec Jan FebINbrIAprIWyIJunI LI 12 Love Henry Court 560d 13 Design 120d 100% I 14 Review Bans 80d 100% ! �. 15 Obtain Right of Way 305d 100% 16 ................... . FnafzePlans 10d 11 ............................................ Advertise ................... 28d ® I 0% 18 ............................ .. Council Bid Award ................... 1d j11219 i 19 ....... ........ ... Obtain Contract Documents .:............... 15d % 20 Reconstruction Conference 1d 12131 ! 21 Construction 90d I: 0% 22 50 a3 N Project Description: Lake Dr. Street Reconstruction along w/ Water & Sewer Improvements Funding Year(s): Budgeted Amount: Project Cost to Date: 97-99 $364,500 N/A Justification & Project Description: The improvements for this project included a new water line along Lake Drive, a sewer line, and repaving Lake Drive. The water line replaced the existing undersized water line along Lake Drive. The sewer line will serve the residents along the east side of Lake Drive. The project experienced a delay due to conflicting water services below the roadway. These services had to be lowered prior to the road being reconstructed. There also were several days lost due to inclement weather. The project is complete except for reconstruction of the mailboxes. The brick for the mailboxes is on order. The mailboxes along the east side of the road will be reconstructed by December 1999. 1998 1999 2D00 ID Task Name Drration Jan lFebl Mar 1Apr1hby1Ju;1 Jul uqlSeplOd Nov lkc Jan 1Feb1P&r1Apr1Wy1Jdn1 Jul VuglSep Oct Nov 23 Lake Drive 487d 24 ... Deson 60d 100% 25 ... ........... ......... Review Plans ...,..... ........ 75d10 1 1 100% I' 26 ... ............................... Obtain Right of Way 191d 100% 27 Finalize Flans 10d 28 Advertise 28d 4%M*1100% 29 Council Bid Award Id 2118 30 ................... .......... ................................ Obtain Contract Documents 15d 100% 31 Preconstruction Conference 10 P 12 32 (Arlstn+c-Wn 185d Project Description: Funding Year(s): Budgeted Amount: Project Cost to Date: Pine Reconstruction 99-00 $200,000 N/A 98% Justification & Project Description: This project is currently being designed. The scope of the project includes reconstruction of Pine a limiting the widening to 1 to 2 feet to save the existing trees along the edge of the roadway. Several drainage improvements will be installed. Pine Drive will be realigned with White Chapel south of the current intersection. Pine Drive will intersect White Chapel perpendicularly. There is limited right-of-way for this project, therefore right-of-way will have to acquired from several property owners. 23 N M 1999 2000 2001 ID Task tame Duration Jwl M IAugISepIOctINovIDecI Jan IFeblkbr IAprIF&yIJun I Jul ug Sep Oct Nov Dec An Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 272 Pine Reconstruction 395d j T73 .................... Design 116d O1G 274 Review Plans 21d i 0% 275 Obtain Rgai of Way 12Od j 0%' 276 Finalize Plans 10d 277 ....... ... Advertise ... . 28d r p% ' 278 .................................... Council Bid Aw ard ... ......... 1 d I 0 279 ..................... ... ......................... Obtain Contract Documents 15d 0% 280 .......... ....o.n...Cant. rlerence Recanstruch ..............1 d" 1d ' 1 281 .. .............. ....................... Construction .. . 12Od 0% Project Description: Sutton Place Drainage (CDBG) Funding Year(s): 98-99 Budgeted Amount: $270,000 Project Cost to Date: N/A Justification & Project Description: As part of this FY98-99 CDBG project, Sutton Place is scheduled for drainage improvements. Storm drain will be constructed in the subdivision and also extended to relieve the offsite drainage. Sutton Road will then be paved following the drainage improvements. The plans have been designed and have been reviewed by the city. The required drainage easements have been obtained. Construction is underway, however the project was delayed so that the franchise utilities could be relocated. 1998 1 1999 2000 2( ID Task Name Duration N D J F M A M J J A S 0 N I D J F M A M J J A S O N D J I F M A M J J A S 0 N D J F M A M J 155 Sutton Place Drainage (CDBG) 464d 156 Design 88d 100% i 157 ............................................................. Review Plans .. Sod 100% 158 ..................................................... Obtain Right of Way ............ ....... 15Od 159 Fnaf¢e Plans 10d 100% o 160 Advertise 28d 100°A I' 161 Council BdAward 1d 162 Obtain Contract Documents 15d 100% r 161 Reconstru :lion Conference 1d 100% 164 ................. ... ........... Construction ... . 15Od 25% Project Description: Harrell Drive Reconstruction (from Johnson to Gray Lane) Funding Year(s): 97-99 Budgeted Amount: $140,000 Project Cost to Date: N/A Justification & Project Description: Construction of this project involves reconstructing the existing roadway without widening the existing roadway. For the FY1997-98, $11,200 was appropriated for the engineering. For the FY1998-99, the remaining $128,800 was funded for the 24 -51e-a5- construction. The project was delayed until a development along Harrell Drive was complete. The project is under design. 1999 2000 ID Task Name Duration ug Sep Oct Nov Dec Jan 1Feb1&br1Apr1Wy1Jm1 Jul lAuglSeplOctlNovIDec Jan Feb Mar Apr May Jun Jul ug Sep Oct lNovionlianlFel 100 Harrell Dr. Reconstruction 271d 101 Design 75d 0% j 102 Review Flans 21d 0°� ' 103 Obtain Right of Way Od 0 ........................... 104 Fnalize%ns 10d ®, 105 Advertise 28d 0%; 106 Council Bid Award 1d 0 I 3rJ1 107 Obtain Contract Documents 15d ........... ® I 0% 108 Reconstruction Conference 1d 0 I 4 ................................. .. ....:._. .......... 109 Construction 120d 0% Project Description: Mockingbird and Robin Reconstruction (Dove Acres) Funding Year(s): 98-99 Budgeted Amount: $237,600 Project Cost to Date: N/A Justification & Project Description: This project will reconstruct the streets within the Dove Acres subdivision. This project has been delayed until the sanitary sewer is complete (February 2000. 2000 tool ID Task Marne Duration AuglSeplOctlNovIDec Jan 1Feb1Mar1Apr1&by1Jun I Jul Aug Sep Oct Nov Dec Jan 1Feb1&4ar1Apr1?Aay1 Jun 111 Aug Sep Oct Nov Dec Jan 283 Mockingbird/Robin Reconstruction 271d _......... _ .__ ..; ....w._.. 284 Design 75d 0% ............ . 285 Renew Hans 21d 0% : 286 Obtain Right of Way Oct 287 Fnal¢e Plans 10d 0% 288 Advertise 28d 0% 289 Council Bid AW afd 1d �620 ' 290 Obtain Contract Documents 15d 0% 291 Reconstruction Conference 1d 7112 292 Construction 120d 0% Project Description: Cross Timber Hills Sanitary Sewer Funding Year(s): 97-00 Budgeted Amount: $1,900,000 Project Cost to Date: N/A Justification & Project Description: As part of the Neighborhood Sewer Program, sanitary sewer service will be provided for residents in Cross Timber Hills. This project has been delayed due to the acquisition of utility easements. The City may have to condemn 1 or 2 easements. If so, construction will not begin until early 2000. 25 IM M Project Description: Dove Acres Sanitary Sewer Funding Year(s): 97-98 Budgeted Amount: $405,000 Project Cost to Date: N/A Justification & Project Description: As part of the Neighborhood Sewer Program, sanitary sewer service will be provided for residents in Dove Acres. This project was delayed due to the acquisition of two easements. The easements have been obtained and construction is scheduled to begin in November 1999. 1998 1999 1 2000 ID Task Name Dxadon S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A 166 Dove Acres Sewer 803d 167 Design 174d 100X 168 Review flans 50d 169 Obtain Right of Way 299d 100% 1170 ... FnafizeFlaris 45d t 7 6 171 Advertise.... .......— .... . 28d © 100% 172 Ccuncd Bid A and id � 1114 173 I Obtain Contract Documents 15d © 100°6, I 174 Reconstruction Conference 1d j 11126 175 ................. ._. . ... .. .......... Constructpn 240d 096 Project Description: Seal Coat - Woodland Heights and 8" Water Line Construction Funding Year(s): 97-98 Budgeted Amount: $30,000 Project Cost to Date: N/A Justification & Project Description: This project was originally funded for completing the seal coat in the FY1996-97 for an estimated $17,500. The seal coat has been completed. The 8" water line was approved to be funded an estimated cost of $30,000. This estimate was based on if the City designed the project in-house. However, a consultant is designing the project. Therefore, the project cost will increase. This water line will loop the water line within the 26 -zl�-a7 Woodland Heights Subdivision and Cambridge Place, Phase II. The design of this water line is in the beginning stage. Project Description: Cedar Oaks Estates Sanitary Sewer Funding Year(s): 98-99 Budgeted Amount: $430,560 Project Cost to Date: N/A Justification & Project Description: As part of the Neighborhood Sewer Program, sanitary sewer service will be provided for residents in Cedar Oaks Estates. A developer has constructed a portion of this sewer. The design of the project will begin in December 1999. 2DOO 21)01 2002 ID Task Name Duration 101 NJ DI J F M A M J J A S O N D J F M A M J J A S O N D J IFIMIAIMIJIJIAISIOINIDIJIFIMIAIM 177 Cedar Oaks Sewer 241d ii I no F 178 Design ...15dI MW0% 179 Review Raps 21d psi 180 Obtain Right of Way Od ..................... ...... ...... ... ....:. ...... 181 Finalize Plans 10d 182 Advertise 28d % .. .......................... . 183 Council Bid Award td 6/20 184 Obtain Contract Documents 15d 0% 185 Reconstruction Conference ld 7112 186 Construction 90d poi Project Description: Shadow Creek Sanitary Sewer Funding Year(s): 98-99 Budgeted Amount: $92,460 Project Cost to Date: N/A Justification & Project Description: As part of the Neighborhood Sewer Program, sanitary sewer service will be provided for residents along Shadow Creek. A developer has constructed a portion of the sewer to serve several residents along Shadow Creek (Coventry Developer). The design of the project is near completion. One easement must be acquired before construction can begin. ID Task Name Duration 1999 A M J J A S 0 N D 1 2000 J F M A M J J A S 0 N D 2001 J F M A M J J A S O N D 20M J F M A M J J A S O N 188 Shadow Creek Sewer 270d 199 Design..... 75d 90% 190 Review Plans . .......... 21d _...__....90d 0% I, 191 192 193 Obtain Right of Way .................................... _........ Finalize Plans .Advertise ...... _ ...... ......... 10d 28d 0°< 0% 194 Council Bid Award 1d 7 195 Obtain Contract Docurens ........... .. .. ........ 15d ................. 0% 196 Reconstruction Conference ....... ....... ....... Id . 19 197 Construction Jim 0% 27 Q T� —� rJ Q..' A Project Description: Trail Creek Sanitary Sewer Funding Year(s): 98-99 Budgeted Amount: $107,640 Project Cost to Date: N/A Justification & Project Description: As part of the Neighborhood Sewer Program, sanitary sewer service will be provided for residents in the Trail Creek subdivision (Post Oak Trail & Cypress Creek). A developer has constructed a portion of the sewer to serve several residents along Cypress Creek and Post Oak (Coventry Developer). The design of the project is near completion. ID Task Name I Duration 1999 AIMAIMI J I J JA IS101 NJ D 2000 J I F M A M J I J JA I SI OINI 2001 J I F M A IMJ J I J IATS O N D 2002 J I F1 MIA IMI J I J JA IL2iL 11, 200 Trail Creek Sewer 270d ..... Design 75d j Review Plans 21d Cbtain Right of Way 90d Finalize Plans 10d Aavertise 28d lid Award 1d ..... Cbtain Contract Documents 15d Oreconstruchm Conference 1d Constructcn 60d 75% 201 0% 202 % 203 204 205 0% r3o 206 0% 207 121 208 I 0% Project Description Funding Year(s): Budgeted Amount: Project Cost to Date: Randol Mill Estates Sanitary Sewer 98-00 $287,500 N/A Justification & Project Description: This project would construct sanitary sewer to serve residents along Kingswood in the Randol Mill Estates subdivision. This project is contingent upon the Cross Timber Hills sewer project. Therefore, the project has been put on hold because of the delay in the Cross Timber Hills sewer project. The engineering was budgeted in the FY98- 99 CEP budget and the construction is funded in the FY99-00 CIP budget. The design of this project will begin when construction begins on the Cross Timber Hills sewer project. Project Description: Hillside Estates Sanitary Sewer Funding Year(s): 98-00 Budgeted Amount: $150,420 Project Cost to Date: N/A Justification & Project Description: This Neighborhood Sewer project will provide sanitary sewer to the residents along Hillside Court. Notices have been sent to each resident to insure that sewer is wanted by at least a majority of the residents. Once the results have been tabulated and a majority exists, the design will commence. 28 -,71,a-o2 9 Project Description: Trail Creek Sanitary Sewer Funding Year(s): 98-99 Budgeted Amount: $107,640 Project Cost to Date: N/A Justification & Project Description: As part of the Neighborhood Sewer Program, sanitary sewer service will be provided for residents in the Trail Creek subdivision (Post Oak Trail & Cypress Creek). A developer has constructed a portion of the sewer to serve several residents along Cypress Creek and Post Oak (Coventry Developer). The design of the project is near 1999 20M 2001 2002 ID Task Name Duration A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N 199 jTrail Creek Sewer 270d 200 ............... ... _.. ... ... .... Design 75d Review Hans 21d Obtain Right of Way . 90d FnaNze Hans 10d 75% 201 r 0% 202 (' % 203 204 �... Adverbse .. 28d ............... 0% 205 .............. Council Bid Award 1d �. 730 206 Obtain Contract WeLi rents 15d 0% 207 .... Reconstruction Conference 1d !21 208 Construction 60d 0% Project Description: Funding Year(s): Budgeted Amount: Project Cost to Date: Randol Mill Estates Sanitary Sewer 98-00 $287,500 N/A Justification & Project Description: This project would construct sanitary sewer to serve residents along Kingswood in the Randol Mill Estates subdivision. This project is contingent upon the Cross Timber Hills sewer project. Therefore, the project has been put on hold because of the delay in the Cross Timber Hills sewer project. The engineering was budgeted in the FY98- 99 CIP budget and the construction is funded in the FY99-00 CIP budget. The design of this project will begin when construction begins on the Cross Timber Hills sewer project. Project Description: Hillside Estates Sanitary Sewer Funding Year(s): 98-00 Budgeted Amount: $150,420 Project Cost to Date: N/A Justification & Project Description: This Neighborhood Sewer project will provide sanitary sewer to the residents along Hillside Court. Notices have been sent to each resident to insure that sewer is wanted by at least a majority of the residents. Once the results have been tabulated and a majority exists, the design will commence. 28 '17",l o2 9 Q., Project Description: Trail Creek Sanitary Sewer Funding Year(s): 98-99 Budgeted Amount: $107,640 Project Cost to Date: N/A Justification & Project Description: As part of the Neighborhood Sewer Program, sanitary sewer service will be provided for residents in the Trail Creek subdivision (Post Oak Trail & Cypress Creek). A developer has constructed a portion of the sewer to serve several residents along Cypress Creek and Post Oak (Coventry Developer). The design of the project is near ID Task Name I Duration A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N O J F M A M J J A S O I N 199 Trail Creek Sewer 270d 200 Design 15d 75% 201 Renew Plans 21d Obtain Right of Way 90d Finalize Plans 10d 0% 202 % 203 204 Advertise 28d 0% 205 ............... _._._..... CounciBidAward Id 0 206 ......... .......... Obtain Contract Docunents 15d 207 ......... _...... ................... Reconstruction Conference td 1 206 Canstructbn 60d 0% Project Description: Funding Year(s): Budgeted Amount: Project Cost to Date: Randol Mill Estates Sanitary Sewer 98-00 $287,500 N/A Justification & Project Description: This project would construct sanitary sewer to serve residents along Kingswood in the Randol Mill Estates subdivision. This project is contingent upon the Cross Timber Hills sewer project. Therefore, the project has been put on hold because of the delay in the Cross Timber Hills sewer project. The engineering was budgeted in the FY98- 99 CIP budget and the construction is funded in the FY99-00 C1P budget. The design of this project will begin when construction begins on the Cross Timber Hills sewer project. Project Description: Hillside Estates Sanitary Sewer Funding Year(s): 98-00 Budgeted Amount: $150,420 Project Cost to Date: N/A Justification & Project Description: This Neighborhood Sewer project will provide sanitary sewer to the residents along Hillside Court. Notices have been sent to each resident to insure that sewer is wanted by at least a majority of the residents. Once the results have been tabulated and a majority exists, the design will commence. 28 17i,B-o2 9 L A 1999 1 2000 2001 2002 ID Task Name Dsation A M J J A S O N D J F M A M J J A S O N O J F M A M J J A S O N 0 J F M A M J J A S O H 210 Hillside Estates Sewer 255d 211 ......... .......................... Design ...... 60d jM EW0% 212 Review Plans 21.d 0% 213 Obtain Right of Way 9pd 0% 214 Finalize Flans 10d 215 .... Advertise 28d 0% 216 Counct Bid Award 1d 217 Obtain Contract Docunents 15d t 0% 1 218 ................................... ....................... Preconstructwn Conference 1d 1 219 Canstrucbon 60d 0% Project Description: Timberline/Woolsey Court Sanitary Sewer Funding Year(s): 98-00 Budgeted Amount: $331,890 Project Cost to Date: N/A Justification & Project Description: This project will provide sewer to the residents along Woodsey and Timberline Court. A developer (Cambridge Place) has completed a portion of this project with the construction of the S-7 sewer line. Notices have been sent to each resident to insure that sewer is wanted by at least a majority of the residents. Once the results have been tabulated and a majority exists, the design will commence. ID Task Name Uration 1999 A M J J I A S O N D 2000 J F M A M J J A S O N D 2001 J F M A M J J A S O N D 2002 JIFIMIAI M FiTTATsToTN 221 ...............Design Timberlineftodsey Sewer 255d W - 222 60d [ 0°A 223 Review Hans 21d f 0% 224 ObtainRight of Vey 90d ...................... ...... .... .... 0% 225 .......... Finalize Hans 10d 226 Advertise 28d 0% 227 ... ..... ... . Council Bid Award 1 d 811 228 Obtain contract Docunents 15d 0% 229 Reconstruction Conference -1C Construction.. _ .,.. 60d 230 0% Project Description: Pearson Sanitary Sewer Funding Year(s): 99-01 Budgeted Amount: $331,890 Project Cost to Date: N/A Justification & Project Description: This project will provide sanitary sewer to the residents along N. Pearson Road. The engineering is budgeted for the FY99-00 and construction will be constructed in the FY00-01. 29 -5;�d 30 2000 2001 2002 ID Task Name Duration A M J1.1 J A S 0 N D J F M A M J J A S 0 N D J F M A M J J A S 0 N D J F M A M JIJ A S 0 N ! 232 K Pearson Sewer 255d 233 .. ........_ .. Design ........ . . . 60d 0% 234 Revwew Flans 21d 0% 235 Obtain Right of My 90d 0% 236 Finalize Plans __ .' 237 .. ......................... Advertise 28d 0% 238 .................... .. ....................... Counci&dAward I 121`7 239 ..................... ...... .................... Obtain Contract DDcuinents 15d k 0% 240 ................................................... Reconstruction Conference ........ td no 241 Construction ...................... 60d 0% Project Description: Hunter's Ridge Sanitary Sewer Funding Year(s): 99-00 Budgeted Amount: $200,000 Project Cost to Date: N/A Justification & Project Description: This project will provide sanitary sewer service for residents in the Hunter's Ridge subdivision. The residents will be "polled" to determine if the majority of the residents in the subdivision want the sewer. The design will begin if a majority exists. The roadways in the subdivision will be slurry sealed following construction of the sewer. Project Description: Shumaker Roadway and Drainage Improvements Funding Year(s): 99-01 Budgeted Amount: $400,000 Project Cost to Date: N/A Justification & Project Description: This project involves paving the existing gravel roadway named Shumaker Drive (located off of Sunshine). There will be drainage improvements constructed associated with the reconstruction of the roadway. This project will be designed in the FY99-00 and construction will begin in the latter part of the FY99-00. 30 is 3 / NJ CITY PROJECTS AFFILIATED WITH S.H. 114 RECONSTRUCTION The State of Texas has recently committed to appropriating money over the next several years for the reconstruction of S.H. 114. Consequently, the City of Southlake must satisfy several agendas before the start of construction. The next few projects listed were funded in the CIP budget in order to carry out these agendas. Project Description: W. Jones Channel Improvements Discussion: Currently, Wal-Mart and the Village Center Development are detaining the runoff from their sites. The proposed R.O.W. for S.H. 114 along these developments is the land area, which these detention ponds presently occupy. These detention ponds will be eliminated in the reconstruction of S.H. 114. Before these detention ponds are eliminated, provisions must be made to the downstream properties in order to increase the capacity of the current Jones Branch. These improvements must be accomplished before construction of S.H. 114 begins. This project will begin December 1999. Project Description: R.O. W. Acquisition at S.H. 114 and Dove St. Discussion: The city has committed to obtaining the additional R.O.W. required to build the future intersection of Dove St. and S.H. 114. The estimated cost for the appraisals, property, etc. is $1,500,000, which was funded for the FY1997-98. All parcels except two, the Westerra tract and the property owned by Neil & Gunn, has been acquired. Project Description: Utility Relocation along S.H. 114 Discussion: The city must relocate the existing utilities, which are located in the S.H. 114 R.O.W. These utilities must be relocated prior to construction of S.H. 114. For the FY1997-98, an estimated $269,600 was appropriated to relocate utilities before the first phase of construction begins (Kimball/S.H. 114 intersection). Construction has begun on this project. The construction for the water line relocation for the Dove intersection has begun as well. Project Description: Shady Oaks Realignment Funding Year(s): 98-00 Budgeted Amount: $1,050,000 Project Cost to Date: N/A Justification & Project Description: TxDOT originally proposed in the SH 114 construction plans to construct Shady Oaks to connect to the frontage road. Therefore, traffic on Shady Oaks would only be able to access eastbound SH 114. The realignment of Shady Oaks at the intersection of Dove will allow residents access to Dove and SH 114 as it currently existed prior to construction of SH 114. TxDOT will include this project in the plans for SH 114 but the City will pay for the design and reimburse TxDOT for the cost associated with the realignment. The construction of SH 114 is underway and this project will begin tentatively in January 2000. 31 14 &2 N S.H. 114 RECONSTRUCTION STATUS Below is the status and anticipated bid letting dates for the four sections of SH 114 to be reconstructed. • Kimball Interchange — SH 114 will be built over Kimball Road. The plans are complete. The project has been bid and awarded. Construction will begin in March 2000. • Dove Interchange - SH 114 will be built over Dove Street. The project schedule was accelerated and began in October. • Carroll Interchange - SH 114 will be built under Carroll Road. The plans are 90% complete. The project is estimated to be bid on in June 2000 with construction beginning 6-8 months following the bid letting date. • White Chapel Interchange - SH 114 will be built over White Chapel Road. The plans are 25% complete. The project is estimated to be bid on in January 2001 with construction beginning 6-8 months following the bid letting date. Each project is estimated to be under construction for at least 30 months. MISCELLANEOUS PROJECTS Project Description: Heritage Business Park Infrastructure Improvements Discussion: The city is committed, through the Developer's Agreement, to reimbursing the developer for the oversizing of the water line along Kimball and the street improvements constructed in the Heritage Business Park. These reimbursements are estimated to cost $85,000 and were funded in the FY1997-98 CIP budget. Project Description: Keller Water Meter Purchases for Southlake Residents on Keller Water Discussion: The City of Keller currently provides water service for approximately 250 residents of the City of Southlake. In order to transfer these customers to Southlake water, the city must purchase these water meters, water lines, etc. Therefore, the city proposes to transfer residents in the coming fiscal years in phases. For the FY1997-98, the city allotted $250,000 for the purchase of a number of meters. In the subsequent years, all residents of the City of Southlake will be transferred to Southlake water. 32 54& ;33 City of Southlake, Texas MEMORANDUM October 28, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 757) SUBJECT: Approve revisions to the Project and Community Matching Funds Policy Action Requested: City Council approval of the proposed revisions to the Project and Community Matching Funds Policy. Background Information: In Fiscal Year 1998-99 the Parks and Recreation Board and SPDC allocated $90,000 in matching grant funding to projects proposed by community -based organizations. Funding has been allocated to the following projects: ■ $30,000 to the Adventure Alley Pavilions (Southlake Community Playgrounds, Inc.). ■ $30,000 for various improvements to the Bicentennial Park baseball facilities (Southlake Baseball Association). ■ $5,000 for construction of a softball batting cage at Bicentennial Park (Southlake Girls Softball Association). ■ $15,000 for improvements at the Southlake Tennis Center (Northeast Tarrant Tennis). ■ $10,000 for equestrian facility improvements at Bob Jones Park (Southlake Equestrian Association). Consideration of the diverse range of projects and petitioning organizations has raised several issues regarding the Project and Community Matching Funds Policy. Specifically, questions arose regarding whether or not an organization requesting matching funds was required to have funds immediately available, or could raise the amount once they were approved by SPDC. At the September 27, 1999 joint Parks and Recreation Board/SPDC meeting, Board members requested that staff revise the policy in the following areas: ■ Placing a six (6) month time limit for a petitioner to raise the matching funds required by the proposal and begin work on the project. ■ Parks and Recreation Board approval of the size and verbiage on any signage requested in a project proposal. Staff is proposing to require that a petitioner must indicate on any proposed signage that the project was completed in part through the SPDC Matching Funds Program. The proposed revisions also include minor grammatical changes not intended to change the context of the policy. Billy Campbell, City Manager October 28, 1999 Page 2 Funds Program. The proposed revisions also include minor grammatical changes not intended to change the context of the policy. Financial Considerations: In the proposed Parks Five (5) Year Capital Improvement Program (CIP), there is $150,000 allocated to the SPDC Matching Grant Program for FY 1999-2000. Citizen Input/ Board Review: The Parks and Recreation Board and SPDC have discussed proposed revisions to the policy during consideration of project proposals. At the joint Parks and Recreation Board/SPDC meeting on September 27, 1999, staff was directed to revise the policy in these areas and bring the proposed revisions before them as a consideration item at their October meetings. The Parks and Recreation Board approved the proposed revisions at their October 11, 1999 meeting on Consent agenda (7-0). SPDC approved the proposed revisions, with recommended clarification of paragraphs five (V) and eight (VIII), at their October 25, 1999 meeting on Consent agenda (5-0). Legal Review: Not Applicable. Alternatives: Input towards the proposed revisions as desired. Supporting Documents: Supporting documents include the following items: Copy of the proposed revisions to the Project and Community Matching Funds Policy. Copy of the project application form. Staff Recommendation: Place as an item on the November 2, 1999 City Council agenda to approve the proposed revisions to the Project and Community Matching Funds Policy. KH Approved for Submittal to City Council: ('16W &� ity anager's Office Department of Community Services Policies and Procedures Manual Policy: Project and Community Matching Fund Request Policy Source: City Council / SPDC / Parks and Recreation Board Category: Parks and Recreation Board Effective Date: June 3,1997 Revised Date: November 2, 1999 Statement of Purpose The purpose of this policy is to provide a process for considering park related projects proposed by petitioning individuals or organizations. Matching funds, dollar for dollar, may be requested for the projects. The following policy will become effective immediately upon approval of City Council. Procedure I. Anyone considering a project for the City of Southlake Parks and Recreation facilities should submit a proposal in writing to the Parks tad Re-Qwation D46Gto Director of Community Services. Proposed projects need to A be consistent with the overall intended use of the parks as determined by the Parks and Recreation Board. Matching up to $5,000 will be placed on the consent agenda for SPDC consideration. II. The proposal should include a complete description of the project and, to the extent applicable, pictures and/or detailed drawings, estimated budgets, preferred location of the project, mechanism of funding the project and any stipulations that might go along with the project. III. The Director of Community Services will review the proposal and make any comments/recommendations deemed necessary. The 12grks and Director of Community Services may accept projects in conjunction with routine work (i.e., budgeted items, routine maintenance and operation projects) preformed by the Department of Community Services without approval of the Parks and Recreation Board and may proceed with the project where deemed appropriate. The Director of Community N.IParks & Recreation lBOARDSIPICBOARDIPacket Itemslrevisedmatchingpolicy(b).doc 584P3 Services will inform the Parks and Recreation Board of routine projects performed in the administrative monthly reports. IV. The Director of Community Services will forward all projects requesting matching funds and non -routine projects (includes, but is not limited to, anything on the master plan) along with comments/recommendations to the Parks and Recreation Board for their consideration at the next regular meeting. V. The Parks and Recreation Board will consider the proposed project and make comments/recommendations. The consideration of the proposed project will be based on the extent to which the project C442 u; is consistent with the overall intended use of the parks as determined by the Parks and Recreation Board. ' ;egaested des the—p;eje.^* iit—; , Project proposals will then be forwarded to the Southlake Park Development Corporation (SPDC) for final approval as—applisahla. Projects may also be forwarded to the City Council for final approval if recommended by either the Parks and Recreation Board or the Southlake Park Development Corporation (SPDC). VI. The City of Southlake reserves the right to accept or reject any project submitted for approval. (4mv, VII The petitioner (individual or organization) reserves the right to withdraw the proposed project at any time during the approval process. VIII. All projects will be considered for acceptance on a project by project basis. The length of time required to complete the project will be considered. The petitioner must complete the fundraising requirements necessary to match the requested City funding and have commenced work on the project within six (6) months of the final approval date. Any approved amount that is not matched by the petitioner at the end of the six (6) month period will require the petitioner to reapply for funding to the Parks and Recreation Board and the Southlake Parks Development Corporation (SPDC). Not meeting the start and completion dates indicated may jeopardize funding. The project status will be reviewed by the Di;@Gto; Qf parks and R G;@"*'^" Director of Community Services and the Parks and Recreation Board. Q., N.IParks & Recreation IBOARDSIPKBOARDIPacket Itemslrevisedmatchingpolicy(b).doc IX. A permanent plaque of recognition may be designated in the park or facility where the project will be recognized, the name of the project and its contributor(s), and the date of the project. Permanent recognition should be discussed and approved during the initial project proposal. The size and verbiage of any proposed signage is subject to review and approval by the Parks and Recreation Boar& Proposed signage must reference that the project was completed in part with funding through the SPDC Project and Community Matching Funds Program. Press releases may be issued immediately to local newspapers following the acceptance of the project. X. All accepted projects in the City of Southlake will become the property of the City of Southlake and will be used at the discretion of the City. Note: Policy approved by Parks and Recreation Board 05/12/97 Policy approved by SPDC 05/19/97 Policy approved by City Council 06/03/97 24 ('.' N.IParks & Recreation IBOARDSIPKBOARDIPacket Itemslrevisedmatchingpolicy(b).doc 5790 4 City of Southlake, Texas PROJECT MATCHING FUNDS REQUEST FORM Project Name: Contact Person: Mailing Address: City: Night Phone: Additional Contact Person: PROJECT DESCRIPTION: 14oposed Required Start Date: Projected Cost: State: ZIP: Day Phone: Fax Number: Day Phone: Projected Completion Date: Amount of Funds Requested: N.IParks & Recreation IBOARDSIPKBOARDIPacket Itemslrevisedmatchingpolicy(b).doc City of Southlake, Texas MEMORANDUM October 27, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 757) SUBJECT: Resolution No. 99-75 supporting the creation of a library foundation and naming a City Councilmember to the Board of Directors Action Requested: Consider Resolution No. 99-75 supporting the creation of a library foundation and naming a City Councilmember to the Board of Directors. Background Information: Southlake is currently in the process of establishing the City's first library system which is to be housed initially within the new Town Hall building. The new library will offer over 10,000 square feet of public area and 17,000 square feet of shared space and staff work areas. Long range goals propose a permanent stand alone facility totaling approximately 40,000 square feet. Information reviewed by the Library Board indicates that a Southlake Library Foundation would be beneficial in raising the public awareness and support for a future permanent library to serve the City's estimated build -out population of approximately 38,000. Library foundations currently exist within numerous communities throughout the nation and have been instrumental in gaining financial and public support for library capital improvement projects and general library enhancements. The initial purpose of the Library Foundation would be to raise funds to support the development of a permanent library facility. The proposed Southlake Library Foundation would include a Board of Directors consisting of one City Council member, one Library Board member, and a variety of community leaders yet to be determined. Once established, the first charge of the Board of Directors would be the adoption of bylaws which would serve to govern the organization. Financial Considerations: Not applicable. Citizen Input/ Board Review: The Library Board reviewed and approved Library Board Resolution No. 99-02 supporting the establishment of a Southlake Library Foundation at their September 22, 1999 meeting. 50C.-W Billy Campbell, City Manager October 27, 1999 Page 2 Legal Review: Not applicable at this time. Future City Attorney involvement will be necessary in regards to the development of the Southlake Library Foundation bylaws. Alternatives: Alternatives include the following: ■ Support the formation of the Southlake Library Foundation but choose not to appoint a City Council member to serve on the Board of Directors. ■ Choose not to support the formation of a Southlake Library Foundation. Supporting Documents: Supporting documents include the following: ■ Resolution No. 99-75, supporting the formation of a Southlake Library Foundation and appointing a City Councilmember to serve on the Board of Directors. ■ Resolution No. 99-02 passed and approved by the Library Board at their September 22, 1999 meeting. Staff Recommendation: It is recommended that the City Council, at their November 2, 1999 meeting, consider supporting the formation of the proposed Southlake Library Foundation and appoint a member of the Council to serve on the Board of Directors. Approved for Submittal to City Council: A� ity anager's Office C' RESOLUTION NO. 99-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, SUPPORTING THE ESTABLISHMENT OF A SOUTHLAKE LIBRARY FOUNDATION FOR THE PURPOSE OF SECURING FUNDS TO ASSIST IN THE DEVELOPMENT OF A FUTURE PERMANENT LIBRARY FACILITY AND OTHER IMPROVEMENTS, AND APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE ON THE BOARD OF DIRECTORS OF THE SOUTHLAKE LIBRARY FOUNDATION. WHEREAS, library foundations currently exist within numerous cities throughout the nation; and WHEREAS, these library foundations have been instrumental in gaining financial and public support for library capital improvement projects and general library enhancements; and WHEREAS, information gathered by the City and the Library Board indicates that a (W Southlake Library Foundation would be beneficial in raising the public awareness and support for a future permanent library to serve the City's estimated build -out population of approximately 38,000; and WHEREAS, a Southlake Library Foundation would be beneficial in fund raising efforts to support the development of a permanent library facility; and WHEREAS, a Board of Directors will be established to direct the actions of a Southlake Library Foundation and a City Council representative shall serve as a member of the Board of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS THAT: Section 1. That all matters stated in the preamble of this resolution are true and correct and are hereby incorporated into the body of this resolution as it is copied in its entirety. Section 2. It is the opinion of the City Council that a Southlake Library Foundation be established for the purpose of raising funds to support the development of a permanent library facility. 943 (am" Section 3. The City Council hereby appoints to serve for a two year term as the City Council representative on the Board of Directors and to assist in the initial process of establishing the Southlake Library Foundation. Section 4. That the City of Southlake authorizes and directs that this action be made part of the City's permanent record. Section 5. That this resolution 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 2' day of November, 1999. Sandy LeGrand City Secretary APPROVED AS TO FORM: City Attorney APPROVED: Rick Stacy Mayor Scif . City of Southlake, Texas RESOLUTION NO. 99-02 A RESOLUTION OF THE LIBRARY BOARD OF THE CM OF SOUTSI.AKE SUPPORTING THE ESTABLISHMENT OF A SOUTHLAKE LIBRARY FOUNDATION FOR THE PURPOSE OF SECURING FUNDS TO SUPPORT THE DEVELOPMENT OF THE PERMANENT LIBRARY FACILITY AND OTHER IMPROVEMENTS. WHEREAS, library foundations currently exist within numerous cities throughout the nation; and, WHEREAS, these library foundations have been instrumental in gaining financial and public support for library capital improvement projects and general library enhancements; and, WHEREAS, information gathered by the Library Board indicates that a Southlake Library Foundation would be beneficial in raising the public awareness and support for a future permanent library to serve the City's estimated build -out population of approximately 38,000; and, WHEREAS, a Southlake Library Foundation would be beneficial in fund raising efforts to support the development of a permanent library facility; NOW, THEREFORE, BE IT RESOLVED BY THE LIBRARY BOARD OF THE CITY OF SOUTHI.AKE, TEXAS THAT: Section 1. It is the opinion of the Library Board that a Southlake Library Foundation be established for the purpose of raising funds to support the development of a permanent library facility. Section 2. The Library Board respectfully requests that City Council lend their support to the establishment of a Southlake Library Foundation and direct staff to p{oceed in the process by working with interested members of the community to establish a library foundation. Section 3. The Library Board respectfully requests that a member of the Library Board and a member of the City Council be designated to serve on the Board of Directors and assist in the initial process of establishing the Southlake Library Foundation. PASSED AND APPROVED THIS THE 22" DAY OF SEPTEMBER, 19?9. BY: Library Board Chair op e i.lty Ul 3UUL1HaKt:, 1 Mab MEMORANDUM October 28, 1999 TO: Mayor and City Councilmembers FROM: Billy Campbell, City Manager SUBJECT: Authorize City of Southlake Funding to Metroport Cities Partnership for Continued Support of Transportation Advocacy Initiatives Action Requested: Approval of $5,000 to continue support of the Metroport Cities Partnership for various transportation initiatives benefiting Southlake and surrounding communities. Background Information: The Metroport Cities Partnership is an organization of communities in north Tarrant County and southern Denton County. Current member cities are Southlake, Trophy Club, Westlake, Keller, Haslet, Roanoke and Grapevine. The Metroport Cities Partnership was formed for the collective benefit of the region, with particular emphasis on the advocacy of transportation improvements for the region. There have been several multi -city delegation trips to Austin for appearances before the Texas Transportation Commission, resulting in significant advances (awl in funding for transportation improvements in this area. Of particular benefit to Southlake has been the approval of continued progress on SH 114 through Southlake. The Metroport Cities Partnership periodically holds fund raising events in order to maintain adequate resources for the preparation of professional delegation appearances benefiting this region. The upcoming event on November 3 is such a fundraiser and they are requesting continued support from all member cities as well as major developers in the area. Financial Considerations: Although not specifically funded as a line item, the appropriate funding source appears to be the City Secretary's dues & membership line item which is where all membership dues and related costs for city cooperatives are funded. Citizen Input/ Board Review: None Legal Review: None Alternatives: Disapproval, increased or reduced funding. It would also be possible to spread the funding out over three years if necessary. go-1 Supporting Documents: Attached is a summary of various transportation projects that significantly benefit our region. Staff Recommendation: Approval of the recommended $5,000 for the Metroport Cities Partnership to maintain the City of Southlake's active participation and support in a successful regional advocacy organization. If you have any questions, feel free to contact me or Greg Last (050), who has been active recently in attending various Metroport meetings. Approved for Submittal to City Council: 115, � City anager's Office N:\Econdev\AGENCIES\metroport\contrib-memo-Ol.doc 5 C-2 The METFtOPORT Transportation Partnership Program Since /998, the METROPORT Partnership has assisted In obtaining the commitment of over $135.0 million In Improvements throughout the METROPORT 114 corridor. The Partnership's Investment of approximately $150,000 has resulted In the construction and future funding commitments to complete the State Highway 114 freeway facility and related Improvements in the corridor. Working with the METROPORT member cities and counties, economic development groups, DFW Airport, Fort Worth Alliance Airport, Alliance Center, Las Colinas, Solana, and Texas Motor Speedway, the Partnership has developed one of the most successful ongoing partnerships with the Texas Transportation Commission to assure the continued viability of the State Highway 114 corridor. The Partnership's Initial W to 35" delegation in 1996 brought over 250 elected officials, civic and business leaders and citizens to Austin to kick-off the METROPORT/Texaa Transportation Commission coalition that has resulted in securing the funding commitments to complete nearly all the necessary improvements along the METROPORT 114 corridor Completed or Under Construotlon SH 114 freeway / 0.6 mi. west of County Line to Kirkwood Blvd - completed IH-36W on/off ramps and frontage road relocation - completed SH 114 reconstruction and expansion at and west of IH-35W - completed SH 114 / Roanoke Bypass (frontage roads) - completion Winter2000 SH 114 freeway / 0.8 km. west of Kimball Road to FM 1709 - completion Fall2001 SH 114 freeway / Kirkwood Blvd. to 0.6 mi. south of Dove Road - completion Spring 2001 Texas Department of Transportation Funding Commitments SH 114 freeway / 0.7 ml. west of Carroll School Road to 0.5 mi. west of Kimball Road - $13.459 million In Commission Strategic Priority committed; estimated Fiscal Year 2000 letting North Central Texas Counoll of Government# Regional Transportation Council Funding Commitments, In Cooperation with the Tex&# Department of Transportation SH 114 freeway / 0.32 mi. east of Dove Road to 0.7 mi. west of Carroll School Road - $12.167 funds committed (64.0 STP; $8.167 million Commission Strategic Priority); estimated 2002 Fiscal Year Letting SH 114 freeway / 0.3 mi. west of Trophy Lake Drive to Tarrant County Line - $21.6 million funds committed ($8.6 STP; $13.0 million NHS); estimated Flecal Year 2003 letting BUS 114L widening / Well Street to SH 114 - $5.2 million STP funds committed; Fiscal Year 2003 estimated letting US 377 widening / SH 170 to FM 1709 - $5.35 million STP funds committed; estimated Fiscal Year 2003 letting Unfunded SH 114/SH 170 freeway interchange / to 0.3 mi. west of Trophy Lake Drive T current estimate $14.4 million SH 114 / Roanoke Bypass (mainlanes) / 0.3 mi. east of US 377 to 0.7 mi. west of IH-35 - current estimate $37.3 million 5 P-3 City of Southlake, Texas up MEMORANDUM May 27, 1999 TO: Billy Campbell, City Manager FROM: John T. Knight, Deputy Director of Public Safety SUBJECT: Award Bid to Parrot Communications for fiber optic network installation. Action Requested: Council award bid for the installation of Fiber Optics to all city facilities to Parrot Communications. Background Information: At the present time the city operates by using a wireless radio frequency system between city locations to transfer data from one site to another. The present system is overcrowded which causes the network to slow and inefficient and results in numerous problems for network users. The installation of fiber optics will allow more than adequate amount of bandwidth for the transmission of data. Financial Considerations: During the 1999-2000-budget process this problem was discussed. We requested and the City Council approved a budgeted amount of $100,000 for the installation of a fiber optics network within the city. Parrot Communications Inc. submitted a bid of $84,919.82. While they were the only company to submit a bid, it is well within our budget. Citizen Input/ Board Review: None. Legal Review: The attorneys approved the request for proposals and set the bid process. Alternatives: None. Supporting Documents: The bid submitted by Parrot Communications Inc. Staff Recommendation: Staff recommends that the bid from Parrot Communications Inc. is accepted and authorization is granted for work to begin. Staff does not recommend rebidding the project. There were a number of companies who expressed interest and picked up jackets, but chose not to bid. Reference checks of Parrot indicate that they are a reputable company with significant experience. Approved for Submittal to City Council: E-1 - City Manager's Office x SE -a S"C" 3 parrot communications fiber voice data October 22, 1999 City of Southlake 1725 E. Southlake Blvd. Southlake, TX 76092 Attn: City Secretary Re: Bid to City of Southlake for Fiber Optic Cabling Parrot Communications, inc. bids the following requirements for the City of Southlake installation referenced above: The total cost for this bid proposal is Eighty Four Thousand Nine Hundred Nineteen and 82/00 Dollars. $84,919.82. 1. The hanging of aerial fiber optic cable between the locations of Southlake City Hall, City Administration Offices, Southlake Public Works, Southlake Senior Center, Southlake Parks and Recreation, the Parks Shop Outbuilding, Bicentennial Park are included in this proposal. 2. Each fiber cable Nvi11 be terminated in a junction box at each location. 3. PCI does not include franchise tax to the City of Southlake. If the City of Southlake must charge PCI franchise tax, it will be added to the price of our proposal. 4. In response to item twelve of your specifications, the alteration of fiber optic cable cannot be determined until the facilities are in place. 5. In response to item thirteen of your specifications, after the 5-year warranty, PCI offers no additional maintenance contract. If optical fiber cable is installed correctly, it should last 40 to 50 years. The only problems the city might have is an act of God or an automobile accident in which a telephone pole is knocked down. If this should occur, PCI will response to an emergency service call. The cost for repair should be covered by your insurance. 6. In response to item fourteen of your specifications, due to the overwhelming orders being placed by cabling contractors, there is at least a 10-week delivery time for the cable. That would make the installation and completion date 90 days 7. IL plus the ten -week delivery time for the cable. In the installation of the Senior Citizens' Center on FM 1709 the cabling will have to be done underground. PCI will use a boring contractor to install a 2-inch pipe. 801 e. lomor • shermon, tx 75090 • voice 903-892-4933 • fox 903-892-0639 This is an approximate 800-foot distance. The cost for which is included in our bid. S. PCI's installation is an aerial installation with the above stated exception. Due to the time frame involved PCI has not obtained permits to install on the existing telephone poles. The owner of the telephone poles will lease them to us. The industry average is $4.00 per pole. The City of Southlake has approximately 120 poles for this installation. This would be an approximate price of $480.00 per year. PCI will bill the City of Southlake each year for the pole lease. PCI will add 20% markup to the pole line lease and will furnish copies of the lease documents to the City of Southlake. 9. PCI will obtain a performance bond and the required insurance with the specified limits and any permits to work in the right-of-way from any entity, such as the highway department, county or railroad. 10. In the hanging of the cable if tree limbs need to be trimmed, PCI will trim the trees with the understanding that the City of Southlake will be responsible for picking up and properly disposing of the tree limbs. 11. PCI warranties the product and the quality of the installation for five (5) years. 12. PCI excludes sales tax. 13. PCI can start upon securing the bid and arrival of job materials from our supplier. If you have any questions or need additional information, please do not hesitate to contact me. ***This proposal may be withdrawn if not accepted within 120 days*** Sincerely, o& Joel Gibson President sE-5 -18-99 10:16A City of Southlake, Texas — Quotation Worksheet Alcoa Alcoa Labor Unit Unit Cost 7"0ta/ Supervisor Tech 240 hr. 25.00 6,000.00 Office, Admin, Ins 670 hr. 15.00 10,050.00 3,000.00 Sub -contractor Texas Ele. for Boring 11,520.00 Materials Unit Unit Cost Total 12 SM Aerial Fiber 6 SM Aerial Fiber 13,500, .938 per ft 12,663.00 Amp St or Sc Ends 16,740, 90 .84 per ft 14,061.60 Siecor Fan out kit 14 5.60 ea 27.93 504.0 24 Port Fiber Cab. 6 ea 487.20 ea 391.02 2,923.20 Pole Line Hardware Deadend, Goat Head3 5/8 Bolts mini, 120 Pole 41.95 5,034.00 Brackets, etc. 21, PVC Pipe Sch. 4 800.00 56.00 per 1" PVC Pipe Sch. 4 2,000.00 54.00 448.00 per0 100 11080.00 Total Labor Total Materials 30,570.00 Grand Total 54,349.82 84,919.82 Maintenance Contract Not Needed Days to Complete thejob: Delivery -10_Week _nst on-Ca_b_l_e___ i 8 Week Iall Time -` (':%TFUPJ'IKER0PT [)0(: P.O6 Note items not listed above � (consumables, Gas, Oil, Glue, Food,' Hotel, Trucks, etc.) parrot communications fiber voice doto design integration eti�,"t .token ring lRN . Lum . testing Certification Joel Gibson Or �80�;; ty.75090 ,voice parrot communications fiber voice data REFERENCES CITY OF AUSTIN Pete Collins 512-480-2132 9 Buildings, Drop, Data, Voice and Fiber Backbone (Indoor/Outdoor) EAST TEXAS EMPLOYMENT AND TRAINING, INC. Melissa Dabney 903-597-8131 50 Drops, Data/Voice, Hub, Switches, TI AIR FORCE HEADQUARTERS, FT. WORTH Andy Erickson 903-893-6593 300 Drops, Data, Voice, and Fiber Backbone CITY OF TYLER Dean Mason 903-531-1292 4 Miles Outdoor Communication Aerial Cable BIRDVILLE I.S.D. Drew Godwin 817-452-3187 12 Buildings Outdoor Communication Buried Cable Fiber Optics & Voice Cable GLADE«'ATER I.S.D. Gay Lewis 903-845-6991 Aerial Fiber Optic Cabling NACOGDOCHES MEMORIAL HOSPITAL Dave Tedder 409-568-8538 or 409-568-8560 Fiber Optic Cabling 801 e. lamor - sherman, tx 7SO90 - voice 903-892-4933 - fax 903-892-0639 parrot communications Fiber voice data Staff Certifications Parrot Communications holds numerous in-house Certifications. The combination of our experience and qualifications make us a leader in the telecommunications and cabling industry. A few certifications have been listed for your reference. NORDX/CDT IBDN Structured Cabling Systems, by Nordex/CDT Category 5 UTP Installation Patch Panel Systems Installation BIX/1 10 Telecommunication Installation Optical Fiber Installation, Multi -mode / System Mode Fiber Instrument Sales, Inc. LAN Certified Fiber Optic Certified Cabling Business Institute Certification Category 5 in Voice and Data Certification Fiber Optic Installation and Testing / Fiber Optics Technician AT&T Global Business Communications Systems Telecommunication Certified Installation Lucent Phone System Programming Lucent Phone System Programming Lucent Voice Mail System LANart Certified Net\ ork Hardware Installer Installation of Hubs, Routers, Switches, and Bridges 10 Base T, 10/100. 100 Base T TELEKOL Automated Call Processing Systems Installation of Voice Mail System Automated Attendant Audio Text & Bulletin Board Fax Mail System General Services Commission Qualified Information Systems Vendor (QISV) State Centralized Masters Bidder List (CMBL) Vendor ID/.Number 1752776751500/77437 Member Association of Cabling Professionals (ACP) WWW.TexasParrot om U.S.A.C. E-Rate Spin #143017966 801 e. lomor • shermon, be 75090 • voice 903-892-4933 fox 903-892-0639 �s� 9 IZ -57 • i ���. rx� �3 =.t Wi- IL MR t:r f ' ` •�i P g "1 C th Enq O 2 co m cM00 O OF A V 063 d N8 •c H 68 d CV 0 EC Q) Q) • O p C C �.% �s i o L 0 "- p v 2 O L y a: = G a C ;A W z d C u� -0 0 E ¢ w m LL UJ Y G J O LL } ¢ W m LL f0 rALCOAlcoa FujikuraA Telecommunications Division t ADSS O`'ERVIEW 0 v E R V This unique. A1.1-Dielectric. Self -Supporting (.ADS-) aerial fiber optic cable is desi17ned for applications in the po%�er utilit.. telecommunications, data :0111111unications, and cable telc\ ision industries. SELF-SLPPORTI\G,:kLL-DIELECTRI10.1 C-The high -capacity. self-supporting cable offers _rent fle\ibilit% for placement on o%erhead transmission towers, chmmatin« the need for a support messenger. -\DSS cables are used CR(1�l�ci`• ^. po.ler Clin1pa111e�. mUnlclpalltl �. telephone COmpanles and c lhic T` idcrs on dl>trlblr on sv,j I11s lil nlc[R pl lltan arc;l . ;lull in Iona wltat c (HIV) transr111ssioll INSTALLATION :AND MAINTENANCE NN ITHOL T INTERRL PTIO\ OF PONDER TRA SMISSION-ADSS cable is not limited to a specific tovver location. and can be installed v ithout interruption of po,,\er service to customers. The cable is not affected by electro-maiinctic fields. and thus, data is transmitt;d error -free. \FL alsk ;'_'utllTl dcsi_n lcriil cables to nemork applll atil�il�. fables Can be designed fOr in \Ccss of 2 kllometcr� ! �1)Il tcct). a11d for Installation on lritra hl<<h transinl-, 110i:- I!'les. For more on cus[om designs call 1-,Ow-_AFL-HBLR. For more information or to place an order call: 1 800-AFL-FIBER 0 Alcoa Fujikura Ltd. Division ALCOA Telecommunications ' DSS OVERVIEW ADSS Installation 1 he eLluipment, hardware, and 1,rocedures used in the Installa- (Ion 0f :\DSS cable are (Yenerally the same as those utilized in the installation of power utility trans- mission or distribution lines. \%ailable from AFL is a series of practices providing instructions On installing self-supporting cable. The cable support hardware requires no special tools and only minimal traininL, is needed for assembly. ADSS cable contributes little additional load at points where dead -ends are attached to support structures such as overhead tow- ers and poles. The lighmeight. pelf -supporting cable allows rapid and economic deployment of the cable. typically exceeding -t to 5 km per day. Total System Cost SS ADSS Reliability AFL ADSS Reliability Study 14000 16000 2000 woo 6000 1 woo ADSS Cost Effectiveness loose Tuoe instanauon C 351 «SS �._,_. 7�Malerial .Goose TUDe Lashed -DSS Loose Tube For more information or to place an order call: 1-Rn(n-ec? _G7Z�� /41 Z5� Mrj,5,W0A coa Fujikura Ltd. Telecommunications Division Mini-SpanO (Series 484) DRY CORE DESIGN Fiber Counts up to 60: De:i_ned <pecifically for short span distribution s%stems. An economical alternative to 8" cable and lashed loose tube :able applications with the rchabllity and characteristics of metal -free cable. Typical Spans N�-ith 1.0% Installation Sag: • NESC Heavy "10 ft (64 meters) • `ESC Medium 310 ft (95 meters) • \ESC Li;ht 400 ft (122 meters) Temperature Range Operating -400C to -70°C Storage -50°C to —700C Installation -30°C to --70°C MECHANICAL DATA FRP Dielect,:; Central `le=er %�atcr B!0C11:n , Core Ripcord C,)"-,— c�et dun-Fi _ros; _ Ccle '.t -2: Pol,.eth,.lene i...,_. -..,.. t Torque Balarc_: - \midi..... \on-ti�_rua;r�ic Crre 11r Puheth�lene r aer Jacket Ge! Filled Loc: e Buffer Tuce t 12 Fiber,, Per Tube, Cable Diameter Cable Weight Single -mode Multimode Inch mm Ibs 1000' k km feet meters feet meters 4-60 .484 123 81 120 1 20,000 6,100 6,500 2,000 'Longer lengths available upon request ORDERING INFORMATION 6 1 w6; 4 fillers 12 1wl2, 4 fillers 18 1,N6, 1w12; 3 fillers 24 2wl2; 3 fillers 30 1w6, 2w12; 2 fillers 36 3wl2; 2 fillers 48 4wl2; 1 filler I 60 5wl2 Single -mode I Multimode 50/125pm AE0069C520AB5 AE0065C520AB5 AE0129C520AB5 AE0125C520AB5 AE0189C520AB5 AE0185C520AB5 AE0249C520AB5 AE0245C520AB5 AE0309C520AB5 AE0305C520AB5 AE0369C520AB5 AE0365C520AB5 AE0489C520AB5 AE0485C520AB5 AE0609C520AB5 AE0605C520AB5 Single -mode dispersion -shined and single -mode non -zero dispersion -shined r'lbers are also available ihx� Please contact your AFL representative for part numbers, pricing, and availability ) For more information or to place an order call: �de lJ Multimode 62.5/125pm AE0066C520AB5 AE0126C520AB5 AE0186C520AB5 AE0246C520AB5 AE0306C520AB5 AE0366C520AB5 AE0486C520AB5 AE0606C520AB5 mwoo. FuLmunications Division lini-Span TENSIONSAMPLE SAG & •R• -NESC LOADING Light Medium Heavy Sp an Sag Tension Saa Tension -Sag Tension Sag Tension 0/ o/ I o 50 15 1.0 51 225 0.5 117 521 1.8 152 675 2.7 216 961 75 23 1.0 76 338 0.5 160 711 2.0 205 911 3.1 289 1,285 100 30 1.0 101 450 0.6 199 887 2.2 253 1,128 3.3 355 1,579 125 38 1.0 126 563 0.6 237 1,054 2.3 299 1,332 3.5 416 1,853 150 46 1.0 152 675 0.6 273 1,214 2.4 343 1,526 3.7 475 2,113 60 175 53 1.0 177 788 0.7 308 1,370 2.5 385 1,713 3.9 531 2,361 0 484" 200 61 1.0 202 900 0.7 342 1,521 2.6 426 1,894 4.0 584 2,601 225 69 1.0 228 1,013 0.7 375 1,669 2.7 465 2,070 250 76 1.0 253 1,125 0.7 408 1,815 2.8 504 2,242 275 84 1.0 278 1,238 0.7 440 1,958 2.8 542 2,411 300 91 1.0 303 1,350 0.7 472 2,099 2.9 579 2,576 325 99 1.0 329 1,463 0.7 503 2,238 350 107 1.0 354 1,576 0.8 534 2,376 375 114 1.0 379 1,688 0.8 564 2,512 400 122 1 1.01 405 1 1,801 10.8 1 595 1 2,647 STALLATION INFORMATION Maximum Stringing Maximum Heavy Minimum Ben in Minimum Bending Tension Loading Operating Radius (Dynamic Radius (Static) Tension Ibs N Ibs N inch cm inch cm 400 1780 612 2720 8 20 5 13 OPTICAL TRANSMISSION INFORMATION Multimode Multimode Single -mode 50/ 125Nm '62.5/ 125pm (850nm/1300nm) (850nm/1300nm) (1310nm/1550nm) MAXIMUM ATTENUATION (dB/km) 4.0/2.0 4.0/2.0 0.40/0.30 TYPICAL ATTENUATION (dB/km) 3.0/1.5 3.5/1.5 0.36/0.22 BANDWIDTH (MHz/km) 400/400 160/500 '..:;1 62.5/ 125Nm multimode ADSS cable transmission performances meet or exceed FDDI requirements -Mium transmission performance available joon request. 'EEL INFORMATION ,FL provides ADSS cable on four standard sizes of non -returnable wooden reels +on -standard reel sizes are available uacn request_ Reel A Reel B Reel C inch cm inch cm inch cm Reel Height 42 106.7 60 152.4 72 182.9 'Peel `/width Outside 36 91.8 36 91.4 40 101.6 1 width Inside 32 81.6 30 76.2 34 86.4 m Diameter 23 58.7 30 76.2 35 88.9 Arbor Hole Diameter 3 7.7 3 7.7 3 7.7 Pc -el Weight 267 Ibs 121 kg 466 Ibs 212 kg 843 Ibs 383 kg Maximum Coble lErx36 $ 400 h 2,562 m 18,000 ft 5,490 m 20,000 h 6,100 m 11 r s��cos�. Telecommunications Division Mini -Span Hardware • V �S' Mini Bracket — or — Tangent Support "Trunion" (Up to 15° Angle Change) (Up to 22° Angle Change) Spiral Vibration Damper Mini Dead End Cee Fig 2 See Fi Scr Fig. t g. 3\ See Fig. 4 POLE Mini -Span Hardware Figure 1 Mini Dead End Figure 3 Tangent Support "Trunion" ORDERING INFORMATION (For Mini -Span) Figure 2 Mini Bracket Figure 4 Spiral Vibration Damper Coble O.D. Spiral Inch Fiber Mini -Dead End Mini -Bracket Tangent Vibration Tower Guide mm 0.484 Count Assembl Assembly Assemb Dam r Clam wood 12.3 4-60 ADEMS 484 AMB 484 ATG 475/525 AVD 462/563 AGW 469/561 For more information or to place an order cal - 1 -800-AFL-FIRER '—/7 nCD CA o Lo o �^ 77 i N O CD C `V ry n C') O ._.� vi Cs CO 7 J L CD r-t- O CO D v ^ ; �.1 . O CD O ♦ O SZ /F ■ r: P I V 0 Z CD (D =m C) C" O al `� Cr �• o C) v3 o o � N co rc� gCDo = 3 a J O O n w N O c CD L= 0 � o �n �o ^ J \I• J r� o• LJ I 0 J IZ ?o C/) W a. U- 0 w lo �e >ca- iW —W LU w z w < t-- cn z >- 0 co cn w z 0 w LU a. cn 0 0 z z cn w cn CD CD CD LL 0 W a. Z 2 0 z < 0 w cn �— Z cQ c c 9� V 0 0 t V) 0 - O JIL Co CO ,:0 112 v, � V Iv c z 0 m Sli I ol bp acknowledge has met all requirements to become a Certi�ed Network Hardware Installer Title 02117198 ature Date Certification Valid Thru: 01131199 C DATACOM CERTIFICATE OF CALIBRATION Part No: Serial No: Description: 54713 9806218,1806218 LANcat system 5 At the time of manufacture, this certifies that the above product has been calibrated using applicable Datacom Technologies procedures and NIST (U.S. National Institute of Standards and Technology) traceable test equipment. At the time of shipment, your instrument has met all published operating specifications and is guaranteed to meet all TIA TSB-67 level II performance requirements. The environment in which this instrument was calibrated is within the operating specification of the instrument and the measuring test equipment used for verification. Calibration Date: 06-11-98 Calibrated by:a DaiacoTechnologies P/N 13701 REV. A 0 Kwikset TITA14- July 14, 1998 To Whom It May Concern: Joel Gibson rewired the manufacturing area for Kwikset, A Black & Decker Corp, in June 1997. This facility is located in Denison, Texas and Joel completed this project in about six weeks, complying with the time line given. Joel is very efficient and follows through with his work. He plans a project ahead of time with the customer's input. He brings awareness to the customer about pros and cons of a project; therefore, prepares the customer for shortcomings during the project. Joel is an excellent project manager and follows through with the project as well. He spent extra time on the site if items were critical and had to be taken care of. Joel was never absent or late through the process of completing this project. He is very reliable and trustworthy. I would use Joel again at any time for a project and do highly recommend him. Sincerely Edda Ingram Information System Specialist Kwikset Corporation 2600 North Highway 75., Denison. Texas 75020 Phone 903.463.1313 A 9 BIAt &DECM CnupAwv �5Z _a 7 Department of Juvenile Services 9501 Dyess. Denison, Texas 75020 Telephone (903) 786-6326, FAX (903) 786-9401 LETTER OF RECOMMENDATION Joel Gibson has completed installation for a medium size phone system and provided fiber optic cabling services to this department. Joel continues to provide maintenance on his products and has completed all requests in a timely and professional manner. Sincerely, I�a **T— Bill C. Bristow, LMSW-AP Director Department of Juvenile Services Grayson County, Texas BB:aw cc:file MITCHELL ENTERPRISES, INC. June 17. 1998 GENERAL CONTRACTORS TEL 903-893-6593 FAX 903-868-0679 P.O. BOX 3109 SHERMAN, TEXAS 75091-3109 meiincCqtezoma.net Re: New Administration Building; McAlester Army Ammunition Plant; McAlester, Oklahoma Dear Sir/Madame, Joel Gibson headed up the team that installed the telecommunications systems on this project. The project was a retry high tech installation; involving CAT 5, as well as fiber optic cabling. He is a very knowledgeable young man in the field of telecommunications and seems to keep himself current on all new advances in this industry. As Supervisor, Scheduler, and, sometimes Design Consultant, Joel worked many hours beyond the normal work hours to help Mitchell Enterprises, Inc_ meet a very tight completion date. Staying on top of the day to day xtiNitics, he, also, worked diligently in getting all tests and reports submitted to the Corps of Engineers on time. We would always welcome Joel to bid on any of our projects which require telecommunication systems. Sincerely, `tits t ntcrprises, C. A/ al'a — lark J. Murphy Project Manager S, =a i .t -4 City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: John T. Knight, Technical Services Manager SUBJECT: Authorize City Manager to enter into a contract with New World Systems for a Wireless connectivity system. Action Requested: Consider authorizing staff to enter into a contract to purchase wireless hardware and software for connectivity from New World Systems. Background Information: Last year while purchasing the new city-wide software packages we negotiated for the purchase of the wireless connectivity system. This will replace the non-Y2K compliant equipment that we have used in the past for police officers to have access to the state and national crime data bases. This package will also allow for fire service to interface with the communications center. Additionally this will allow police officers to write reports in the field and immediately transmit the data back to the center. Financial Considerations: During the 1999-2000 budget process this problem was recognized and prepared for. We requested and the City Council approved a budgeted amount of $115,971 for the purchase of the hardware and software. New World Systems submitted the bid during the process last year as part of their overall package and our contract with them at that time locked the price of the proposal. Citizen Input/ Board Review: None. Legal Review: Our attorneys reviewed and negotiated the contracts. They meet with their approval. Alternatives: None. Supporting Documents: Contracts Attached. Staff Recommendation: Staff recommends that the option from New World Systems be selected and the contracts approved. ssF I - �4 Approved for Submittal to City Council: 4jt2l City Manag 's Office ,sF-a 1 11ho,"Ithiu New World Sy teiiIs ���;,�. �.,,,�.��,,�„ October 13, 1999 ADDITIONAL SOFTWARE LICENSE AGREEMENT Mr. John Knight City of Southlake 1725 E. Southlake Blvd. Southlake, TX 76092 Dear Mr. Knight: New World Systems is pleased to license you additional software per your request. The attached forms (Exhibits A, B, Appendix 1 and 2) are to be reviewed and approved by you and/or your authorized representative. They describe the additional software and services you have requested along with the related fees. Other than for the purposes of internal review, we ask that you treat our fees as confidential information. This is due to the competitive nature of our business. The General Terms and Conditions from our original License Agreement are incorporated and continue to apply. We thank you for your continued business with New World Systems. We look forward to working on this project with you. Sincerely, NEW WORLD SYSTEMS CORPORATION AGREED AND ACCEPTED: NEW WORLD SYSTEMS CORPORATION LN Title: Date: CITY OF SOUTHLAKE, TX La Title: i Date: Each individual signing above represents that (s)he has the requisite authority to execute this Agreement on behalf of the organization for which (s)he represents and that all the necessary formalities have been met. CONFIDENTIAL (Rev ASLA 2/99) City of Southlake, TX Corl)orat•: 888 ticst Ri,; Beel er Road • .Suite 1100 • Troy • Jlicbigtnt 48084-4, 49 • 248-269-1000 tt uveueu trw'1t15)s.cout EXHIBIT A FOR LICENSED STANDARD SOFTWARE AND FEES October 13, 1999 IBM AS/400 MODEL 400-2131 A. LICENSED STANDARD SOFTWARE Application Package Cost MOBILE 1. HermesTNt Mobile Software for the AS/400 - MDT/MCT Base Law Enforcement CAD Interface $7,000 2. HermesTIMMobile Software on the RS/6000 - MDT/MCT Base Message 1,2,3 Switch to NCIC (1 - 15 devices) $27,000 - MDT/MCT New World CAD Interface (I - 15 devices) $7,500 3. HermesTM Mobile Upload Software for Field Reporting4 - Mobile Upload Software (1-15 devices) $11,000 4. HermesT'I Mobile Computing (MCT) Software for Laptops (15 Units)5,6,7 - Law Enforcement CAD via Switch $750 (per unit) $11,250 - Law Enforcement Accidents Field Reporting $500 (per unit) $7,500 - Law Enforcement State/NCIC via Switch $500 (per unit) $7,500 - Law Enforcement Mobile Upload of Field Reporting $600 (per unit) $9,000 Subtotal (15 Units) $35,250 5. Federal and State of Texas HermesT" Laptop Compliance Software (11-20 Units) - Law Enforcement State Accident Field Reporting (I I —20 units) $3,000 NEW WORLD STANDARD SOFTWARE LICENSE FEE $90,750 LESS DEMONSTRATION SITE DISCOUNT $31,760 TOTAL SOFTWARE LICENSE FEE 8,9 $58,990 CONFIDENTIAL (Rev ASLA 2/99) City of Southlake, TX Exhibit AILICENSED STANDARD SOFTWARE AND FEES Page 2 THE ABOVE SOFTWARE PACKAGE FEES ARE VALID THROUGH DEC. 13 1999 Note: Standard Software Maintenance Agreement (SSMA) fees of $14,520 for the above software will be added to Customer's current SSMA fees and will commence 90 days after delivery of the software. ENDNOTES I Source Code is not available on message switch and mobile software or PC Gateway Server Software. Does not include RS/6000. Please seethe attached hardware configuration for the RS16000 Message Switch components. 3 Currently supporting Motorola, Data Radio, CDPD and Electrocom Mobile Communication solutions only. 4 The Gateway Server software provides for the automated upload of New World's Law Enforcement Field Reporting Laptop Software over Customer's mobile data network. Customer is responsible for obtaining from their mobile vendor, the written definition and documentation of the optimal (mobile message) record size to upload laptop data over the mobile network to be used. This definition must be received within thirty (30) days of this Agreement being executed. The PC Gateway Server cost is not included. S Budgeting estimate for laptops: S8, 000 for ruggedized includes laptop, external modem mounted in vehicle and mounts; S7, 000 for standard includes laptop, external modem mounted in vehicle and mounts. 6 Includes licenses for 16 Units: 15 Field Units and I Supervisor Units. 7 Customer is responsible for obtaining the laptop units, modems, etc. 8 Prices assume that all software proposed is licensed. 9 Any taxes imposed are the responsibility of the purchaser and will be remitted upon request. CONFIDENTIAL (Rev ASLA 2/99) City of Southlake, TX 15�_5 Exhibit AILICENSED STANDARD SOFTWARE AND FEES Page 3 B. PAYMENTS SCHEDULE 1. DOWN PAYMENT (40% of the total Exhibit A cost - Invoiced upon receipt of signed Licensing Agreement) 2. DELIVERY PAYMENT (40% of each application cost - Invoiced as each Exhibit A Licensed Standard Software package is delivered to Customer) 3. FINAL PAYMENT (20% of each application cost - Invoiced 90 days after delivery of each Licensed Standard Software package) $23.596 $23,596 $11,798 TOTAL LICENSED STANDARD SOFTWARE PAYMENTS DUE $58,990 ALL PAYMENTS ARE DUE WITHIN THIRTY (30) DAYS FROM RECEIPT OF INVOICE Definition of Installed Installed means the specific Exhibit A application is ready for operational use and a review of the software has been conducted with Customer and/or a training session has been held. CONFIDENTIAL (Rev ASLA 2/99) City of Southlake, TX EXHIBIT B PROJECT MANAGEMENT, INSTALLATION AND TRAINING SUPPORT SERVICES AND FEES 1. Project Manap_ement Services New World shall act as Project Manager to assist Customer's management in implementing the Exhibit A software. This responsibility will include documenting, coordinating and managing the overall Implementation Plan with Customer's management and the Customer liaison. Project Management Services include: (a) a summary level Implementation plan; (b) a detail level Implementation plan; (c) revised Implementation plans (if required); (d) monthly project status reports; and (e) Project Status meetings • a project review (kickoff) meeting at Customer's location • progress status meeting(s) will occur during implementation via telephone conference or at Customer's location; and • a project close out meeting at Customer's location to conclude the project. (f) New World Consultation with other vendors or third parties. To implement the Exhibit A applications, the project management fee will be $9,075. 2. Training and Installation Support Hours Recommended Allocating adequate support service hours for each application of Licensed Standard Sofrivare listed on Exhibit A is not only recommended but also is critical for a successful installation of and training on each application package. Based on the Licensed Standard Software listed on Exhibit A, 200 hours of New World installation and training support services have been allocated. Avoiding or minimizing custom or modified features will aid in keeping the support costs to the amount allocated. The recommended installation and training support services include: (a) Installation of each package of Licensed Standard Software; and (b) Customer training and/or assistance in testing for each package of Licensed Standard Software; and (c) Tailoring of Licensed Standard Software by New World technical staff and/or consultation with New World technical staff. The project management, training and installation support services are performed at Customer's premises and/or at New World national headquarters in Troy, Michigan (e.g., portions of project management are performed in Troy). Status meetings will be held at Customer's site or via conference call. 3. SUDDort Service Fees Estimate The 200 hours of training and installation support services cost has been calculated using agate of $100 per hour. Additional services are also available at the rate of $100 per hour. I Based on the services suggested above, the Project Management, and Training and Installation Support Service cost will be $29,075. (Plus all actual and reasonable travel expenses incurred by New World divided proportionately between all New World customers visited on a single trip and actual employee travel time for Installation and Training up to but not exceeding four (4) hours per Customer visit.) CONFIDENTIAL (Rev ASLA 2/99) City of Southlake, TX Exhibit B/PROJECT MANAGEMENT, INSTALLATION AND TRAINING SUPPORT SERVICES AND FEES Page 2 4. Additional Services Available Other New World services may be required or requested for the following: (a) Additional software training; (b) Tailoring of Licensed Standard Software by New World technical staff and/or consultation with New World technical staff; (c) New World Consultation with other vendors or third parties; (d) Modifying the Licensed Standard Software; (e) Designing and programming Custom Software; (f) Maintaining modified Licensed Standard Software and/or Custom Software. (g) Assistance as Customer is going "live". Customer may request these additional services in writing using New World's Request For Service (RFS) procedure (or other appropriate procedure mutually agreed upon by Customer and New World). 5. Pavments for Project Management Services Project Management Services will be billed as follows - Day 10 after Agreement Signed $ 2,723 Day 90 after Agreement Signed $ 2,723 Day 180 after Agreement Signed $ 2,723 Upon Project Completion or 365 days $ 906 after Agreement signed, whichever comes first Total: $ 9,075 6. Pavments for Training and Installation Support Services and Travel Costs All hours for training and installation support services and all travel costs will be billed weekly for services provided in the previous calendar week. All payments are due no later than 30 days from receipt of invoice. [AI:\RFP\TEXAS\SOUTHLAKE\CONTRACT\2CNTADD MOBILE.DOC] CONFIDENTIAL (Rev ASLA 2/99) City of Southlake, TX New Wbrlcl ,5i -sicn i APPENDIX I AGREEMENT AND AUTHORIZATION FOR PROCUREMENT OF PROGRESS SOFTWARE CORPORATION PRODUCTS AND SERVICES October 13, 1999 This agreement (Agreement) between the City of Southlake, Texas (Customer) and New World Systems Corporation, (New World) is to cover the procurement of Third Party products and services by New World for Customer. The attached configuration (Exhibit 1) describes the Third Party products and services that Customer will be obtaining through New World. By their written approval below, Customer authorizes New World to order the Exhibit I products for delivery to: City of Southlake Attn: Mr. John Knight 1725 E. Southlake Blvd. Southlake, Texas 76092 Upon execution of this Agreement, a down payment of 40% of the Exhibit 1 cost is due. Upon delivery and installation of these products, Customer agrees that failure to pay the outstanding balance within thirty (30) days will result in a daily finance charge equal to 1% (.01) of the Exhibit I cost. If applicable, the finance charge will be computed and invoiced separately based on the receipt of Customer's payment to New World for Exhibit 1 amounts due. Customer agrees to pay all applicable finance charges (if any) promptly. Customer is responsible for the site preparation and related costs to install the Exhibit 1 products. After execution of this Agreement, the Exhibit I components and cost may be changed by mutual agreement of both parties. If a change order in the configuration requires additional costs, New World shall notify Customer of the additional costs and with Customer's approval, these costs shall be borne by Customer. Without such approval, the change order will not be processed. Based on having done business with Progress Software Corporation previously, Customer shall or may be required to execute selected Progress Software Corporation Agreements promptly and New World shall not confirm with Progress Software Corporation the ordering of any Exhibit 1 products without Customer's authorized signature on the Progress Software Corporation Agreements. Customer shall receive the benefit of all warranties, services, etc. provided for in the Progress Software Corporation Agreements. APPROVED: NEW WORLD SYSTEMS' CORPORATION CITY OF SOUTHLAKE, TEXAS By: By: Signature: Title: Date: Signature: Title: Date: Each individual signing above represents that (s)he has the requisite authority to execute this Agreement on behalf of the organization for which (s)he represents and that all the necessary formalities have been met. pp Ap //qq ll CONFIDENTIAL Ci,r�iA'c1 c 1��1T5.1t Ri;; lir rrrr l;n n! lrrilr 1100 Irul' .Ilkbi, uu t508i-t r`J ' iti-?G9-ti)I)UC�t Of SOulhlakel,jexasrrr r9 AGREEMENT AND AUTHORIZATION FOR PROCUREMENT OF PROGRESS SOFTWARE CORPORATION PRODUCTS AND SERVICES October 13, 1999 EXHIBIT 1 CONFIGURATION - Mobile Computing (MCT) Software for Laptops ($300 per Unit), (16 Units: 15 Field Units plus 1 Supervisor Unit) $4,500 I Includes the Progress software license for the number of units itemized above. CONFIDENTIAL (AA3RD 05/95) City of Southlake, Texas Neiv Mond Sl slei)i J�r,'•,4rrr �r,,'�ir ���liadrt'I',intP�!!1, APPENDIX 2 AGREEMENT AND AUTHORIZATION FOR PROCUREMENT OF COMPUTER HARDWARE, PROPRIETARY SOFTWARE AND SERVICES October 13, 1999 This agreement (Agreement) between City of Southlake, Texas (Customer) and New World Systems Corporation, (New World) is to cover the procurement of Computer Hardware, Proprietary Software products and services by New World for Customer. The attached configuration (Exhibit 1) describes the products and services that Customer will be obtaining through New World. By their written approval below, Customer authorizes New World to order the Exhibit 1 products for delivery to: City of Southlake Attn: Mr. John Knight 1725 E. Southlake Blvd. Southlake, Texas 76092 Upon execution of this Agreement, a down payment of 40% of the Exhibit 1 cost is due. Upon delivery and installation of these products, Customer agrees that failure to pay the outstanding balance within thirty (30) days will result in a daily finance charge equal to 1% (.01) of the Exhibit 1 cost. If applicable, the finance charge will be computed and invoiced separately based on the receipt of Customer's payment to New World for Exhibit 1 amounts due. Customer agrees to pay all applicable finance charges (if any) promptly. Customer is responsible for the site preparation and related costs to install the Exhibit 1 products. After execution of this Agreement, the Exhibit 1 components and cost may be changed by mutual agreement of both parties. If a change order in the configuration requires additional costs, New World shall notify Customer of the additional costs and with Customer's approval, these costs shall be borne by Customer. Without such approval, the change order will not be processed. Customer shall or may be required to execute selected Agreements with vendors and New World shall not confu-m the ordering of any Exhibit 1 products without Customer's authorized signature on these Agreements. Customer shall receive the benefit of all warranties, services, etc. provided for in the Agreements. APPROVED: NEW WORLD SYSTEMS CORPORATION CITY OF SOUTHLA,KE, TEXAS By: Signature: Title: Date: By: Signature: Title: Date: Each individual signing above represents that (s)he has the requisite authority to execute this Agreement on behalf of the organization for which (s)he represents and that all the necessary formalities have been met. CONFIDENTIAL 1SAA3RD Q51?5) Ci7 of Southlake Texas Ci,r ureNr: ,1A,5 t e'at /it, /fearer• R„ad • Suitr llrlrl 1rc,�' • J1icbi/,an M08-i--i-49 • 2-0?-2(i9 !I)Ut1 t'tttt:rtett'tt'ot'�i15)'�.tolrt �� l I AGREEMENT AND AUTHORIZATION FOR PROCUREMENT OF COMPUTER HARDWARE PROPRIETARY SOFTWARE AND SERVICES October 13, 1999 EXHIBIT I CONFIGURATION A. IBM HARDWARE I. Computer Processor Annual Cost Maintenance (1) RS/6000 Model 7043-150................................................................................ $15,168................ $912 - 3.5" 1.44 MB Diskette Drive Integrated Ethernet Adapter Integrated Ultra SCSI Controller - 32x Speed CD-ROM Drive - 2 Port Multiprotocol PCI Adapter - V.24 Cable Power GXT120P Graphics Adapter - 8 Port RS232 Adapter - ASYNC Cable EIA-232 - 128 MB Memory - 375 MHZ 604e PowerPC Processor - IBM P72 Color Monitor - 13W3-15Pin D-Shell Converter Cable - 101 Key Keyboard, Mouse - 4.5 GB SCSI Disk Drive (1) 7207-012 1.2 GB 1/4" Tape Drive....................................................................... 2,295 .................. 192 - SCSI-2 Fast/Wide PCI Bus Adapter - 1 Year Warranty 2. Modem (1) ASYNC 24.4 Kbps modem...................................................................................... 300 3. Laser Printer (1) Lexmark Optra E Plus Printer................................................................................. 499 - 2 MB - 6 PPM - 600 DPI - 1 Year Warranty 4. Cables........................................................................................................................ . 150 SUBTOTAL IBM HARDWARE.......................................................................... $18,412............. $1,104 CONFIDENTIAL (AA3RD 05/95) City of Southlake, Texas "� - /a 41 B. IBM SYSTEM SOFTWARE L System Software for IBM RS/6000 AIXV/4.3.1 RS/6000............................................................................................ Included ENetwork Communications Server............................................................................ 1,064 SystemProgram Order....................................................................................................50 SUBTOTAL IBM SYSTEM SOFTWARE: .......................................................... $1,114 TOTAL IBM HARDWARE & SYSTEM SOFTWARE: ................................... $19L_526 RS/6000 SUPPORT LINE 1 YEAR......................................................................... SUM RS/6000 INSTALLATION SUPPORT..................................................................... $2,000 TOTAL IBM HARDWARE, SYSTEM SOFTWARE AND INSTALLATION COST: ............................................................................ $22,906............. $1,104 Hardware Maintenance Plan 5 Year Extended Maintenance Option (EMO) (estimate) ......................................... $2.918 - Provides 5 Year of IBM Maintenance for qualified products (Warranty + Maintenance Term = 5 Years) �,. Notes: The above hardware and system software costs assume the licensing of Aew World Systems® application software and support as part of a complete solution. The system has been sized with 128 MB of memory to accommodate up to 200 devices with normal iVIDT/MCT usage loads. Should the City ofSouthlake expand the profile system beyond 200 devices additional memory may be required. Defect support for IBM's system software is provided by IBM at no charge. Telephone support for all system software to operate on a single processor, including electronic support, is available Monday through Friday from 8: 00 AM to 5: 00 PM RS16000 Support Line maybe obtained through New World Systems and is required for ongoing software support. The cost is S115 per month for the 7043 model group RS16000, S1,380 annually as noted above. RS16000 Installation and Support includes: Standard system procedure: RS16000 to ;VfDTIVCT (data management; Workflow/process of implementing mobile communications; Fxternal consideration: and Ongoing systems administration including updates, backups, database verification, forms creation, etc. CONFIDENTIAL (AA3RD 05/95) City of Southlake, Texas v�SF_/ 3 .. City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance Ext. 716 SUBJECT: Authorize the Mayor to enter into a contract with Avalon Financial Services to serve as consultant to coordinate the bid process for a depository contract. Action Requested: Approval of the contract with Avalon Financial Services to coordinate bid process for Depository Services Contract. Background Information: On January 3, 1997, the City awarded Texas National Bank Southlake the Depository Services Contract for a three year period, with the optional two year renewal, for a total cost of $15,409. The bids were evaluated based on several criteria: 1.) Ability to perform and provide the required and requested services; 2.) Cost of banking services; 3.) Completeness of the bid; 4.) Funds availability; 5.) Interest rates paid on accounts, deposits and investments; 6.) Earnings credit on account balances; 7.) Financial strength; 8.) Convenience. The three-year period ends on February 1, 2000. Financial Considerations: $5,000 Citizen Input/ Board Review: None required Legal Review: The contract has been sent to the City Attorney for review. Alternatives: City staff to coordinate bid process. Supporting Documents: Contract with Avalon Financial Services Staff Recommendation: Approval of the contract with Avalon Financial Services to coordinate bid process for Depository Services Contract. Approved for Submittal to City Council: 401anager's Office P.O. Box 280735 Dallas, TX 75228-0735 (972)682-6900 • (972) 681-4573 (fax) AVALON FMANCLALL SERVICES CITY OF SOUTHLAKE PROPOSAL FOR BANK DEPOSITORY ACQUISITION SERVICE OCTOBER 22, 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 TABLE OF iCONTENTS Letter of Transmittal Proposal Objectives Qualifications Process & Procedure Pricing Schedule & Timing Acceptance Firm Resume • Engagement Experience • References • Memberships and Affiliations • Code of Ethics SG-3 P.O. Box 280735 Dallas, TX 75228-0735 (972)682-6900 • (972) 681-4573 (fax) AVALONHNANCLAIL SERVICES October 22, 1999 Ms. Sharen Elam Director of Finance City of Southlake 1725 E. Southlake Blvd. Southlake, TX 76092 Dear Ms. Elam: Thank you for the opportunity to submit a proposal and be considered for this important project. Avalon Financial Services is particularly well qualified to undertake this assignment for the following reasons: • extensive knowledge of applicable public finance issues including the Public Funds Investment Act, the Public Funds Collateral Act, and the Municipal Depository Act; • specific expertise in assisting public sector organization develop cost- effective cash management systems within the framework of the bank depository contract; • understanding of banking systems, services available, and competitive pricing; • knowledge of features that can be included in the depository contract for the benefit of the City while avoiding pitfalls and hazards; • experience in successfully conducting numerous Bank Depository Acquisition engagements for local area governments. The enclosed proposal addresses the process and procedure to be employed to ensure that you obtain the most cost-effective and favorable bank depository contract for the City. We look forward to working with you on this project. Sincerely, AVALON FINANCIAL SERVICES wd J-V'6-� William J. Koch President . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 sc,-4 P.O. Box 280735 Dallas. TX 75228-0735 (972) 682-6900 (972) 6814573 (tax) AVALON FINANCIAL SERVICES October 22, 1999 Ms. Sharen Elam Director of Finance City of Southlake 1725 E. Southlake Blvd. Southlake, TX 76092 PROPOSALFOR BANK DEPOSITORY ACQUISITION SERVICES Avalon Financial Services is pleased to have the opportunity to submit this proposal for Bank Depository Acquisition Services. This service is provided to the City on a turnkey project basis as described in the Process and Procedure section. OBJECTIVES The objectives of Bank Depository Acquisition Services are as follows: • To obtain the most favorable and cost-effective contract possible for the City; • To ensure compliance with statutory requirements; • To safeguard and protect the City's funds on deposit; • To provide the maximum yield on funds available for investment. QUALIFICATIONS Avalon Financial Services is highly qualified to conduct this engagement on behalf of the City. Similar engagements have been successfully performed for a number of statewide public sector organizations that utilized our unique blend of knowledge and experience in public finance, statutory requirements, banking services and cost, and cash management systems. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PROCESS AND PROCEDURE The following process and procedure identifies the tasks to be performed within the scope of this project to the fullest extent possible. • Analyze the current Bank Depository contract for provisions, conditions, pricing, services, security, collateral, safekeeping, settlement, and compensation, among other issues. Determine beneficial points, flaws, and improvement opportunities, if any. • Review the Request For Proposal (RFP) that was issued to solicit the current Bank Depository contract. This encompasses the types of services requested, specified requirements, operational information, actual and projected volumes, attachments, and timetable, among other issues. Determine beneficial points, flaws, and improvement opportunities, if any. • Review the group level summary and individual account statements of the previous twelve months' bank account analyses. The focus of the review includes ledger, float, collected, and available balance, reserve requirements, services utilized, cost of services, usage volume, calculation of earnings credit, and bank compensation, among other issues. Determine how these account analysis items track with the Bank Depository contract and note any variations. From this information, an exhibit will be developed for attachment to the RFP to be prepared for this new contract period. If the bank account analysis statements are not available, we will work with the bank to obtain the needed information. • Review the bank statements of all accounts for one current month (exclusive of canceled checks and deposit tickets) to determine account usage, transaction volumes, deposit and withdrawal amounts, and perform a cross-reference of accounts with comparable period bank account analysis statements. Consider the usefulness of accounts and any potential cost -saving options. From this information, an exhibit will be developed for attachment to the RFP to be prepared for the new contract period. • Review the Pledged Collateral report for a current period to verify value of securities pledged with maximum funds balance exposure, type of securities pledged permitted by Investment Policy and consistent with the terms of the Bank Depository contract. • Review the Safekeeping Agreement for tri-party execution and compliance with the Bank Depository contract and the RFP. 2 s�;- 4 • Review the comparative bid analysis of the bids received for the current contract period to determine the bank participation, evaluation criteria, and the basis for recommendation of the current Bank Depository. • Review the Investment Policy for permissible investments and securities acceptable for collateral. Consider restrictions and limitations for purposes of developing the RFP. The Investment Policy will be included as an attachment to the new bid document to be prepared. • Review the Investment Reports for the prior twelve-month period. The purpose of this review is to determine the investment activity and types of transactions that need to be addressed in developing the RFP. The most current copy of the Investment Report will be included as an attachment to the bid document being prepared. • Review the Budget for the most recent period to determine any potential impact of structure and organization on the development of the RFP. The Budget may also be a source of certain operating and volume information that could be beneficial in the bid document preparation process. • Review the most recent Consolidated Annual Financial Report (CAFR), with management letter, for structure, weaknesses, organizational reporting, understanding, and consideration in the development of the RFP. As with the budget, the CAFR may also be a source of certain operating and volume information that could be beneficial in the bid document preparation process. • Develop a calendar of events with milestones that have to be met to guide the bank depository acquisition process to a successful and timely completion. • Define the acceptable area from which prospective bidders will be considered as a matter of regulation and practical convenience. Depending upon circumstances, a resolution may be required of the governing body. • Establish the criteria by which the bids received will be evaluated, providing any weighting for item impact and obtain approval for the process to be utilized by the governing body in advance of the RFP issuance. Include the evaluation criteria in the RFP. • Prepare a list of the financial institutions that will be sent a RFP. The list will include the name, address, city, state, zip code, telephone number, contact name, and contact title for each financial institution listed. • Call each financial institution to confirm the contact information is correct and alert them for the receipt of the RFP. 3 • For those financial institutions that are branches of banking associations, notify the group cash management officer of the RFP and confirm the handling instructions. • Prepare a list of issues to be addressed and questions to be answered prior to the preparation of the RFP. • Prepare a draft of the RFP. • Review the RFP draft with staff for accuracy, completeness, and finalization. • Complete the RFP with exhibits and attachments and review prior to distribution. • Prepare a Proforma Services Pricing Schedule, listing services to be utilized with the monthly volumes on which the proposers are to complete with unit prices for each service. • Develop a letter of transmittal to each of the identified prospective service providers to accompany the RFP. • Prepare an advertising notice of the bid solicitation for posting in the official publication. • Arrange for mailing or delivery of the RFP's to the prospective service providers. • Contact the prospective service providers to confirm receipt of the RFP and to extend an invitation to attend the pre -bid conference. • Conduct the pre -bid conference for the benefit of the staff and the potential service proposers. • Assist the staff with responses to questions relative to the RFP that may arise from prospective proposers. • Upon receipt of the bid responses, perform an analysis of the bids in accordance with the evaluation criteria and item -weighting parameters as established before the issuance of the RFP's. • Prepare a Comprehensive Cost Analysis reflecting current proforma service costs with those bids submitted. Meet with staff to review the results of the bid analysis. 4 • Assist staff with presentation to the governing body for selection and adoption of a bank depository for the new contract period. • Prepare a letter to the unsuccessful bidders notifying them of the outcome of the process. • Review with staff the checklist of tasks to be performed for initiating the new contract period. PRICING Avalon Financial Services will provide the professional services for this project as described on a fixed fee basis of $5,000. This fee is all-inclusive and will be payable in three installments: two payments of $2,000 as the project progresses, with the final payment of $1,000 due upon completion of the project. SCHEDULE AND TIMING As described above, this project requires a minimum timeframe of four months, with a five -month period recommended for the process. We will assign this project a high priority status and work to complete this project in a timely manner. ACCEPTANCE If this approach meets with your approval, please provide your formal acceptance in the space indicated below. Sincerely, AVALON FINANCIAL SERVICES CITY OF SOUTHLAKE: C „ NAME. - TITLE: William J. Koch President SIGNATURE: DATE: 9c',-9 FIRM RESUME Avalon Financial Services is an independent organization based in Dallas, Texas. Its business objective is to assist corporate and public sector organizations in specific areas where its expertise can add value by augmenting staff experience, time, or both. Its role is to address important financial areas in a level of detail that is outside the realm of other service provider relationships including auditors, financial advisors, investment advisors, broker/dealers, and banks. Essentially, with organizations that are already doing a good job we help them do a better job by fine-tuning systems and procedures. For those organizations with concerns or known deficiencies, we help them address and correct problem areas, documenting the improvements. We provide the following client services: xxccacacxocxxxocxxocxxccxococxocxxxxxxccocxxxxxocxxocxxocococxxxxxxxx Bank Depository Acquisition Service. This service, offered to public sector organizations, provides our assistance with the complex and labor intensive process of securing a depository bank as required by statute. It includes defining requirements, establishing evaluation criteria, identifying potential service providers, preparing and posting the advertisement for bids, developing the Request For Proposal, preparing the letter of transmittal, participating in the pre -bid conference, analyzing the submitted proposals, reporting results of comparative bid analysis, reviewing the bid analysis results, recommending and presenting the basis for selection, and making the post -selection notification to all bidders. Our knowledge and experience are invaluable in avoiding pitfalls of potential cost and liability, ensuring selection of the most favorable bank depository relationship and contractual terms. The cost of this service is nominal and often offset by financial gains identified during the project. Financial Opportunity Assessment Service, This service is the initial step in evaluating certain elements of financial information to determine the potential economic and intangible benefits that could be available through improvements in specific areas. It is available to corporate and public sector organizations. The information that forms the basis for this assessment is readily available and easily assembled. Within several weeks of the receipt of this information, the results of our assessment are available for discussion purposes. The objective of this process is to determine the financial gains that are available through enhancements to the system, if any, and the most cost-effective method of making the necessary improvements. There is no cost for this service. Financial Performance Enhancement Service. This service, available to corporate and public sector organizations, is designed to study, identify, quantify, capture, and document the financial gains determined to be available from the results of the previous process, the Financial Performance Assessment Service. This is a comprehensive effort that encompasses every aspect of cash collection, disbursement, investment, and all the related processes and procedures employed in cash handling. The effectiveness of banking services and the bank account structure for the optimum flow of funds are examined, with any cost-effective altematives suggested for consideration. Issues of bank compensation, funds availability, and improved utilization of funds are considered within the framework of the existing bank depository relationship, with recommendations for future depository contract improvements. The changes made to processes or procedures are by mutual consent and implemented with training and oversight. Periodic progress reports are submitted and at the conclusion of the project a Final Report is prepared and presented. The cost of this service is determined by the scope of the project. Financial Performance Measurement Service. The purpose of this service is to provide ongoing monitoring of financial performance by periodic review of key elements of information. It is available to corporate and public sector organizations. Findings are reported with recommendations for corrective action to be taken. An additional benefit that results from this service is the cost-effective outsourcing of a vital but time consuming tracking of monthly performance information. The cost of this service is nominal and determined by the scope and frequency of reporting. Investment Advisory Service. This service is designed to provide public sector organizations certain investment related services that are outside and independent of those offered by other service providers. There are three separate components to this service: 1. Policy Review, Development, and Updating 2. Periodic reporting of transaction activity and performance disclosure 3. Committee participation Fixed Asset Service. The asset values as reflected in the financial statements should correlate and reconcile to the fixed asset subsidiary ledger and be supportable by a physical inventory of the fixed assets. There are many reasons why this is important. We can provide the services necessary to achieve this condition and initiate policies and procedures to perpetuate the process. The cost of this service is determined by the scope of the project. Documentation Review, Development, and Updating Service. The value of systems and procedures is directly proportional to the adequacy of current and accurate documentation that exists in a standard and understandable format. In the financial area, we can develop formal documentation if it is missing or update the existing documentation if it is incomplete or out of date. The cost of this service is determined by the scope of the project. xxxxczxxocaxxacocxaaxccaccaocaococaaaocxxocaaxxxaxxaocxxxaxococxac� S G ---I I ENGAGEMENT EXPERIENCE The following is a partial list of engagements performed on behalf of public sector organizations in Texas. • Calhoun County Independent School District Bank Depository Contract Services Town of Flower Mound Financial Opportunity Assessment Investment Policy Services Cash Management System Enhancements Cash Flow Projections and Cash Requirements Forecast Cash Management System Documentation • City of Highland Village Preliminary Review of Cash Management System Cash Management System Enhancements Bank Depository Contract Services (2) Investment Policy Services • LaMarque Independent School District Bank Depository Contract Services City of Bedford Preliminary Review of Cash Management System Cash Management System Enhancements Bank Depository Contract Services Resolution of Management Letter Issues Of Internal Controls Compliance Audits/Alcoholic Beverage Ordinance Fixed Asset Study Interim Finance Department Operations Staffing Annual Audit Preparation Services Investment Policy Services Finance Department Comparative Analysis • City of Mesquite Preliminary Review of Cash Management System Cash Management System Enhancement Bank Depository Contract Services SG -la_ ENGAGEMENT EXPERIENCE (continued) • City of Gainesville Preliminary Review of Cash Management System Bank Depository Contract Services Accounts Receivable Function Analysis and Documentation • City of Richardson Preliminary Review of Cash Management System Cash Management System Enhancement Lockbox Performance and Cost Analysis • Irving Healthcare System Bank Depository Contract Services • Odessa Junior College Preliminary Review of Cash Management System Cash Management System Enhancement Bank Depository Contract Services • City of Bellaire Bank Depository Contract Services Preliminary Review of Cash Management System • City of Lufkin Preliminary Review of Cash Management System Cash Management System Enhancement • City of Duncanville Preliminary Review of Cash Management System Cash Management System Enhancement Bank Depository Contract Services • Cypress -Fairbanks Independent School District Bank Depository Contract Services • Town of Highland Park Bank Depository Contract Services • City of Burleson Bank Depository Contract Services • City of Azle Investment Reporting Development of Financial Statements for an Enterprise Fund Interim Finance Department Operations Staffing `�„ aaxaacccaocaococxaaocacxoc�cccaxaaaaaocxaaaaocacxococococxxaocxaaaaa REFERENCES • Mr. Charles F. Gardner Director of Finance City of Forest Hill 6800 Forest Hill Drive Forest Hill, TX 76140 (817) 568-3007 • Mr. Alan Dickerson Director of Finance City of Sachse 3033 Sixth Street Sachse, TX 75048 (972) 495-1212 • Mr. Jim Walker City Manager City of Azle 613 S.E. Parkway Azle, TX 76020 (817) 444-2541 • Mr. Ken Heerman Director of Finance City of Highland Village 1800 F.M. 407 Highland Village, TX 75067 (972) 317-2558 • Mr. Tom Ross Finance Manager City of Bedford P.O. Box 157 Bedford, TX 76095 (817) 952-2177 (metro) �,,.- xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx MEMBERSHIPS AND AFFILIATIONS Government Treasurers Organization of Texas P.O. Box 1725 Arlington, TX 76004-1725 Government Finance Officers Association of Texas 1821 Rutherford Lane, Suite 400 Austin, TX 78754-5128 ocxxxxxxccxxxxxxococxxxxxxxxxxxccxocxocxxxocxccxxocxococxx (aw CODE OF Avalon Financial Services is committed to the highest standard of ethical and moral conduct which is reflected in this Code of Ethics: • We will serve our clients with professionalism, integrity, competence and objectivity; • We will respect the proprietary and confidential information of our clients; • We will not knowingly allow a conflict of interest during a client engagement; • We will accept only engagements for which we are qualified by our knowledge, education, training, and experience; • We will describe the basis of our fees and expenses in advance of the engagement and will charge fees and expenses that are commensurate with the professional services to be provided and for the costs to be incurred; • We will disclose to our clients in advance any fees or commissions that we will receive for equipment, software, supplies, or services that we recommend to our clients. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 9 C�111 - 1(70 City of Southlake, Texas MEMORANDUM October 28, 1999 TO: Billy Campbell, City Manager FROM: James Kunke, Public Information Officer (Ext. 819) SUBJECT: Award of bid for printing of recreation catalog, rejection of bid for printing of city newsletter Action Requested: Award to Global Group (Fort Worth) for printing of recreation catalog. Reject bids for printing of city newsletter, authorize staff to repackage and readvertise for bids. Background Information: The city advertised for bids on Oct. 10 and Oct. 17, with a bid opening on Oct. 27. Sixteen sets of specs were mailed to area printers, and two bid packages were received. Several of the non -bidders suggested contacting web -press printers for the newsletter because it is considerably cheaper for printing tabloid -sized publications. Printers were asked to bid on two packages, including three options for the city newsletter and two for the recreation catalog. Those options are detailed on the bid summary page. The bid from Alphagraphics was low bid for newsletter, but the vendor withdrew its bid. That leaves us with one bid for newsletter printing, and it is above cost projections. Telephone quotes from two web -press printers, one in Dallas and one in Arlington, for printing the December issue resulted in much lower prices. Those printers will be targeted when the 12-month package is readvertised. The bid from Global Group for recreation catalog is $27,156, including mailing services currently performed by recreation staff. That is $156 above the budget for printing the rec catalog, but the mailing services included in the bid currently are performed by four recreation staff members over the course of two days. Financial Considerations: The FY 99-00 Parks & Recreation budget includes $27,000 for recreation catalog printing. Citizen Input/ Board Review: None. 5H-1 104 Printing bid Sept. 29, 1999 Page 2 Legal Review: None. Alternatives: City Council also can: • Award a lower option bid for the recreation catalog to Global Group, directing staff to continue performing mailing services in house. • Reject the recreation catalog bid and repeat the process. Supporting Documents: Bid Summary Page Staff Recommendation: Staff recommends that City Council: • Reject all bids for printing the city newsletter and authorize staff to repackage and readvertise the bids, targeting web -press printers in an effort to secure more cost-efficient bids. • Award the Option 2A bid to Global Group for printing the recreation catalog. Approved for Submittal to City Council: City Manager's Office 5H-2 Printing bid Sept. 29, 1999 Page 3 Sheet for City Newsletter Printing Services Alphagraphics Global Group Estimated Total Total Item Quantity Description Unit Price Price Unit Price Price 1 7,500 Two-color printing, folding and mail service for bimonthly newsletter per attached specifications Four pages (four issues per annual $21.69 $6,508 $30.02 $9,008 contract) (per 100) (4 issues) (per 100) (4 issues) Eight pages (two issues per annual $26.18 $5,236 $37.97 $5,696 contract) (per 100) (2 issues) (per 100) (2 issues) $11,744 $14,704 IA 7,500 Four-color cover, two-color inside printing, folding and mail service for bimonthly newsletter per attached specifications Four pages (four issues per annual $26.83 $8,049 $39.93 $11,980 contract) (per 100) (4 issues) (per 000) (4 issues) Eight pages (two issues per annual $37.14 $5,571 $47.23 $7,084 contract) (per 100) (2 issues) (per 100) (2 issues) $13,620 $19,064 1 B 7,500 Four-color printing, folding and mail service for bimonthly newsletter per attached specifications Four pages (four issues per annual $28.71 $8,613 $36.77 $11,032 contract) (per 100) (4 issues) (per 100) (4 issues) Eight pages (two issues per annual $41.89 $6,284 $51.33 $7,700 contract) (per 100) (2 issues) (per 100) (2 issues) $14,897 $18,732 • Alphagraphics withdrew its bid, but the numbers are shown to give Council a comparison to use in evaluating the Global Group bid. Staff recommends rejecting all bids. i 5H-3 Printing bid Sept. 29, 1999 Page 2 Bid Sheet for Recreation Catalog Printing Services IM Alphagraphics Global Group Estimated Total Total Item Quantity Description Unit Price Price Unit Price Price 2 9,000 4/4 bleed cover, 2/2 color inside, and $140.53 $37,944 $90.02 $24,306 binding for recreation catalog per (per 100) (3 issues) (per 100) (3 issues) attached specifications (three issues per annual contract) 2A 9,000 4/4 bleed cover, 2/2 color inside, $151.69 $40,956 $100.58 $27,156* (per 100) binding and mail service for (per 100) (3 issues) (3 issues) recreation catalog per attached specifications (three issues per annual contract) • Alphagraphics withdrew its bid, but the numbers are shown to give Council a comparison to use in evaluating the Global Group bid. Staff recommends award of bid item 2A, estimated in the amount of $27,156, to Global Group for a 12-month contract with an option to renew for another 12 months. 5H-4 City of Southlake, Texas MEMORANDUM October 27, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 757) SUBJECT: Authorize the Mayor to enter into an Agreement for Community Services with the Women's Shelter. Action Requested: City Council consideration of a community services agreement with The Women's Shelter. Background Information: The Women's Shelter Inc., is a non-profit organization headquartered in Arlington. They provide assistance to Southlake residents from satellite branches in Northeast Tarrant County. Services include counseling programs for children, victims, and offenders. They also provide the following services: 24-hour hotline, community education and training, transitional services programs for victims and their families, legal support and referrals, court accompaniment, advocacy with the police, courts and district attorney' s office, and temporary residential facilities. The Women's Shelter provided services to approximately 40 Southlake residents during the FY 1998-99 year. The Women's Shelter has continued to be responsive to calls for assistance over the years, with usually a 30-45 minute response time if called to meet a victim at their residence, the police department or a hospital. in the previous fiscal year, the City had entered into an agreement that provided funding of $1,000 to the Women's Haven of Tarrant County. The Department of Public Safety recommends an agreement with The Women's Shelter instead due to better response and the variety of necessary services available. Financial Considerations: The proposed services agreement calls for $1,000 to be paid to the Women's Shelter for services rendered to the community. Thd approved FY 1999-00 Community Services division budget has allocated $83,500 for community services, $32,925 of which has been appropriated by City Council to date. to Billy Campbell, City Manager October 27, 1999 Page 2 Citizen Input/ Board Review: No citizen input has been received. Not subject to any board review. Legal Review: This agreement was modeled after the standard community services agreement utilized by the City and is a new agreement between the City and Women's Shelter. Alternatives: Supporting Documents: Staff Recommendation: • Changes in funding amount as determined by City Council • Non -renewal of community services agreement Supporting documents include the following items: • Proposed Agreement for Community Services with The Women's Shelter Inc. Place on the November 2, 1999 City Council agenda for consideration the proposed Community Services Agreement between The Women's Shelter Inc. and the City of Southlake Approved for Submittal to City Council: Aw_ /Ifitfmanager's Office • AGREEMENT 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 The Women's Shelter Inc., 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 Executive Director. WHEREAS, the purpose of The Women's Shelter Inc. is to provide food, clothing, and transitional housing for families and victims of family violence to improve the quality of life for the citizens of the City of Southlake; and WHEREAS, City and The Women's Shelter Inc. desire to enter into an Agreement whereby The Women's Shelter Inc. will provide services to the citizens of Southlake; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and The Women's Shelter Inc. do hereby covenant and agree as follows: 6010-03 SECTION 1 SCOPE OF SERVICES The Women's Shelter Inc. shall provide the following services: 1. Emergency services consisting of shelter, clothing, food and transitional housing for victims of family violence. 2. Crisis intervention at area hospital emergency rooms. 3. Staff and provide a 24-hour crisis Hot Line. 4. Support services consisting of parenting education, case management, group and individual counseling. 5. Prevention services consisting of community education and training to organizations, professional groups, and adolescents. SECTION 2 THE WOMEN'S SHELTER INC. FUNCTIONS 1. The Women's Shelter Inc. Board of Directors shall meet periodically. The time, date, place, and agenda of these meetings shall be solely defined by The Women's Shelter Inc. 2. The Women's Shelter Inc. shall operate in accordance with its own approved by-laws. 3. The City shall have the right to review the books and records kept incident to the services provided by The Women's Shelter Inc. to the City. 4. The Women's Shelter Inc. shall provide a quarterly written report to the City. This report shall include: a disclosure of The Women's Shelter Inc. financial status, operations conducted during the preceding quarter, planned future operations, and any other information agreed to by both The Women's Shelter Inc. and the City. SECTION 3 CITY FUNCTIONS 1. A liaison will be provided by the City to assist The Women's Shelter Inc. in coordinating The Women's Shelter Inc. and City operations. 2. City shall provide staff assistance, advice, and technical expertise where feasible to aid The Women's Shelter Inc. SECTION 4 PAYMENT FOR SERVICES City agrees to pay to The Women's Shelter Inc. the sum of One Thousand Dollars ($1,000) in payment for services described in Section 1 hereinabove. SECTION 5 TERM OF AGREEMENT The term of this agreement shall be for a period of one (1) year beginning October 1, 1999 and ending September 30, 2000. IN WITNESS WHEREOF the City and The Women's Shelter Inc. have executed this agreement as of this day of , 1999. Approved as to legal form: Attorney at Law Mayor, City of Southlake Executive Director, The Women's Shelter Inc. S.rqp f City of Southlake, Texas MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Approving the appointment of Ron Harper as Director of Public Works Action Requested: Approve the appointment of Ron Harper as Director of Public Works Background Information: At the October 19, 1999 regular City Council meeting, Council approved by Ordinance #758 the consolidation of the Public Works and Engineering Services departments. Recall that Ron Harper was Engineering Services Director and upon the resignation of the director of Public Works was appointed as interim director. Chapter IV, Section 4.01, of the City Charter provides for the appointment of departmental directors by the City Manager and formal approval by the City Council. It states, "The head of each department shall be a chief, director, or superintendent who shall be appointed by the City Manager (MV, subject to the approval of the Council and such chief, director or superintendent shall have supervision and control over his department." Financial Considerations: none Citizen Input/ Board Review: none Legal Review: none Alternatives: Advertise the position and accept applications from the public. Supporting Documents: none Staff Recommendation: Approve the appointment of Ron Harper as Director of Public Works. BC/kb City of Southlake, Texas MEMORANDUM October 28, 1999 TO: Billy Campbell, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Resolution No. 99-76, Adopting an annexation plan for the City of Southlake Action Requested: Approval of Resolution No. 99-76, adopting an annexation plan for the City of Southlake. Background Information: The 76' Texas Legislature passed S.B. 89 that requires all cities to adopt an annexation plan by December 31, 1999. Attached is a resolution prepared by our city attorneys to meet the requirements of the state law. The City of Southlake, at this time, anticipates no annexations that need to be placed in the plan to be annexed after three years, but we are still required to file a plan via resolution stating that we do not intend to annex any territory. Financial Considerations: N/A Citizen Input/ Board Review: N/A Legal Review: The resolution was prepared by City Attorney Analeslie Muncy. Alternatives: N/A Supporting Documents: Resolution No. 99-76, Adopting an annexation plan for the City of Southlake. Staff Recommendation: Approval of Resolution No. 99-76. Approved for Submittal to City Council: City Manager's Office Sk l City of Southlake, Texas RESOLUTION NO. 99-76 A RESOLUTION ADOPTING AN ANNEXATION PLAN FOR THE CITY OF SOUTHLAKE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 76' Texas Legislature, 1999, adopted S.B. 89, extensively amending the Texas Annexation Act, Chapter 43, Local Government Code; and WHEREAS, Section 17(b) of S.B. 89, 76`h Texas Legislature, 1999, requires that each city adopt an annexation plan on or before December 31, 1999, that includes territory the city plans to annex three years from the date the territory is placed in the plan in accordance with Section 43.052, Local Government Code; and WHEREAS, the City of Southlake has no plans to annex property within it extraterritorial jurisdiction; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1. For the purposes of Section 17(b) of S.B. 89, adopted by the 76`t' Texas Legislature, 1999, and Section 43.052, Local Government Code, the city council adopts the following annexation plan: CITY OF SOUTHLAKE ANNEXATION PLAN The city council has reviewed the boundaries of the city and has determined that the city has no plans to annex any territory within its extraterritorial jurisdiction that, in order to be annexed after three years, is required to be in an annexation plan. SECTION 2. This resolution shall take effect from and after its passage, and it is accordingly so resolved. Passed this the second day of November, 1999. Mayor ATTEST: City Secretary �� a City of Southlake, Texas MEMORANDUM October 26, 1999 TO: Billy Campbell, City Manager FROM: John T. Knight, Deputy Director of Public Safety SUBJECT: Authorize the City Manager to enter into a lease agreement with Lanier Corporation to provide copiers for city facilities. Action Requested: Authorize city staff to enter into a lease agreement with Lanier Corporation to provide copiers for city facilities. Background Information: At the present time the city operates a total of eight copying machines. Three of which are leased and the remaining being classified as city -owned equipment. Of these city -owned systems, four are either in non -working order or poor working order. These systems need to be replaced to facilitate the needs of staff to complete work assignments. Financial Considerations: During the 1999-2000-budget process this problem was discussed. We requested and the City Council approved a budgeted amount of $73,806 to provide this service. After negotiating with Lanier Corportation, a State Qualified Information Service Vendor we have received a price of approximately $39,000 to provide this service. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: None. Supporting Documents: Price quote sheets from Lanier Corporation. Staff Recommendation: Staff recommends that council authorize staff to enter into a lease agreement with Lanier Corporation to provide copiers to the city at the quoted price. Approved for Submittal to City Council: ,e� City Manager's Office Q., x LAMER ORDER AGREEMENT p 2901428 AQp_ uX� CFF!CE NUMBER OF='CE 7r, NAME DELIVERING NUMBER OFFICE ry 7 G.. 0 NUMBER Q1 6-7 DA-E TYPE SALE PLL��RCCH ECURITY L-Ay'F RE ,A LL ❑ AGREEM ❑ AeREtMENT ❑ AGREEMENT ❑ -A EEMENT ❑ SUPPLY SAL= ❑ GMA A77AC ED4GPEEEMENTANON$TIHE$ PAGE OF THISITONS SPECIFIC NDTE MS ANDTHE E�CONDITONS CHECKEDL TERMS AND ND BIOVE OEL ERING SNS NAME AND NUMBER �� >A6-7 SHIP TO BILL TO NAME O c� �. ACCRESS ADMESS ACCPESS t I I I ! I ADDRESS -:71 I S. ZIP CO TY CITY ST ZIP 'HIP SC ;i11CNE s LC i7 i4 .r SiC CLASS CODE C NTACT PH PRE-SCREEN* cf CIEC!SiON MAKER PHONE 4 FAX q BILLING INFORMATION SERVICE INFORMATION ZCNE BEG DATE t� NO OF MONTHS SE - L TI BILLING INDICATOR NAT. CONT. BMA BILL TO LOC ❑ SHIP TO LOC P O. NO. SPEC. �ANCUNG CCCE E Lc EL MTR CARD 1 Y N MT EC LIMIT EXPIRE ARREARS ==Ec COPIES PER PER CCPY CHARGE CHECK O' INCLUDED IF DRUM Will NAT. CONTRACT NO. BILL START DATE RA'E FACTOR TYPE PROD I.D. DESCRIPTION DROP SHIP SERIAL NO. MTR ROG CITY UNIT PRICE EXT. AMOUNT SVC PRICE r v i \ 4.1 A L 1 1A) WrAJV i nL V��Nl �` 'jl js4i 7126SG� 1 `4 f" INSTALLATION/FR CHARGES 202-9435 ADMINISTRATIVE FILING FEE MESSAGE SALES SUB TOTAL SERVICE SUB TOTAL SUB TOTAL STATE TAX COUNTY TAX CITY TAX TOTAL AMOUNT LESS PAYMENT AMOUNT DUE PURCHASE SECURITY AGREEMENT LEASE OR RENTAL AGREEMENT RELEASE BY/ DATE CASH PRICE NO. OF PAYMENTS v f� DOWN PAYMENT i �' PAYMENT AMOUNT BILLING MASTER NO. CASH PRICE BALANCE PLUS TAX BMS ORDER NO. NO. OF PAYMENTS TOTAL PAYMENT AMOUNT PAYMENT AMOUNT "Z,Z ,IL76 PAYMENT FREQUENCY STATUS PAYMENT FREQUENCY CONTRACT TERM CONTRACT TERM 1 ST PAYMENT DUE APPROVAL CODE 1ST PAYMENT DUE PURCHASE OPTION REVISION NO. 'C,.etcmer iereby ;:arts !o Lanier a purchase coney security merest In and to the Agreerrect ray oe iiiec :o cerfect this interest may complete this Agreement by filling equipment listed above to secure the payment of the purchase in the serial numbers of the equipment.' price. A copy of this Order GENERAL MAINTENANCE AGREEMENT/ON-LINE CONTRACT CUSTOMER ACKNOWLEDGES BY INITIALING BELOW THAT THE GM AND/O N-LINE CONTRACT HAS BEEN FULLY EXPLAINED AND OFFERED. I TIALS CUSTOMER ACKNOWLEDGES PER COPY CHARGE OF 101 IN EXCESS OF � COPIES PER . INITIA 'CEPTED: Lanier Worldwide, Inc. 2300 PARKLAKE DRIVE, NE Q.- ATLANTA, GA 30345-2979 TOMER'NA (BU S ENTITY) �� B CORP TITLE BY: X TITLE I CUSTOMER SIGNATURE (INDIVIDUAL) J X = INDIVIDUALLY DATE ACCEPTED 19 DATE SIGNED: t9 Lanier Worldwide, Inc. W1000-9470 (6194) HOME OFFICE %54 _ 3 C' 'S-^t EP -_CPY LAMMER ORDER AGREEMENT VActp �S----jLcn2 ° 01 �' CF=ICE :NUti18ER CFFiCE NAME / DELIVERING OFFICE NUMBER '71,1z P E NUMBER r CA-c I TYPC NRCc'AA$ 5ECUPI �A EE r$Gq*`Eg h"RE' SAL= ❑ A� REEMEKT ❑ Ai,R EMENT ❑ .iGREEMENT ❑ AGREEMENT ❑ SUPPLY SALE ❑ GMA AGREEMENT CONSISTS CF THIS PAGE AND THE GENERAL TERMS AND CONDITIONS ATTACHED AND THE RAGE CF SPECIFIC TERMS .AND CONDITIONS CHECKED ABOVE DELI�fjRING SNS NAME AND NUMBER oH SHIP TO BILL TO l T NAME 0 l 'f >Dc Ess n/.C/.I I ^ I I �ss (\ ' fl iACPESS I I l l l l i I I I ADDRESS 13 ZIP COU -CA, CITY t5ln iAW ST ZIP tZ 'i-IF TO PHCNE 3 i-7 — L:C 3r SIC CLASS CODE qONTACT P PRE-SCREEN 4 cY D CISICN MAKER PHONE d FAX a BILLING INFORMATION SERVICE INFORMATION ZCNE BEG DATE NO OF MONTHS V & BILLING INDICATOR NAT. CONT. BMA BILL TO LOC ❑ SHIP TO LOC P.0NO. SPEC. HANCL:NG CCCE S�a'✓I ! L NIT J - BARD Y N MT EO LIMIT EXPIRE ARREARS =REE COPIES 10* PER COPY CHARGE A. 0 ` CHECK IF DRUM C/ INCLUDED NAT. CONTRACT NO. BILL START DATE PATE FACTOR TYPE I PROD I.D. DESCRIPTION DROP SHIP SERIAL NO. MTRyRDG Q/JTY UNIT PRICE EXT. AMOUNT SVC PRICE i \ A (i y 0' 2 1 � 2 1; Z , ' p l 1. 2 p� INSTALLATION/FREIGHT CHARGES 202-9435 ADMINISTRATIVE FILING FEE MESSAGE SALES SUB TOTAL SERVICE SUB TOTAL SUB TOTAL STATE TAX COUNTY TAX CITY TAX TOTAL AMOUNT LESS PAYMENT AMOUNT DUE PURCHASE SECURITY AGREEMENT LEASE OR RENTAL AGREEMENT RELEASE BY/DATE CASH PRICE NO. OF PAYMENTS DOWN PAYMENT PAYMENT AMOUNT BILLING MASTER NO. CASH PRICE BALANCE PLUS TAX BMS ORDER NO. NO. OF PAYMENTS TOTAL PAYMENT AMOUNT PAYMENT AMOUNT PAYMENT FREQUENCY STATUS PAYMENT FREQUENCY CONTRACT TERM CONTRACTTERM 1ST PAYMENT DUE APPROVAL CODE 1 ST PAYMENT DUE PURCHASE OPTION REVISION NO. C..stcmer hereby grants 'o Larier a purchase Agreement ,nay oe filed to perfect this interest. Lanier mcrey security :merest n and to the may complete this Agreement by aquipment :fisted above to secure the payment of the filling ,n the senal numbers of the equipment.' purchase price. A copy of this Crder GENERAL MAINTENANCE AGREEMENT/ON-LINE CONTRACT N-LINE CONTRACT HAS CUSTOMER ACKNOWLEDGES BY INITIALING BELOW THAT THE GM 9�TIALS BEEN FULLY EXPLAINED AND OFFERED. CUSTOMER ACKNOWLEDGES PER COPY CHARGE OF INEXCESSOF�COPIESPER INITIA 01F—I 'CEPTED: Lanier Worldwide, Inc. 2300 PARKLAKE DRIVE, NE ATLANTA, GA 30345-2979 S OMER M , USI S EN ITY) g CORP TITLE BY: X TITLE CUSTOMER SIGNATURE (INDIVIDUAL) X = INDIVIDUALY DATE ACCEPTED 19 DATE SIGNED: 19 Lanier Worldwide, Inc. WT000-9470 (&94) SL - 4 HOME OFFICE ci C:`IIER COPY LAMER 0 R D E R AGREEMENT 7 CFF'CE NULIBER 7 H CFF CE NAME i ELIVERING CFF;C= Yn (NUMBER �Lr�\ SPSN ME NUMBER _ �7 C1 �1 'SATE Tyoc >4P((,,nA'E ECURt T'' -iS� A` -�NT4L ❑ iIaRECMNI' ❑ iuFE_MEN' ❑ �Va�EMEVT ❑ i,aAEEMENT SALE ❑ SI.PPL' SAL_ ❑ GMA AGREEMENT CONSISTS JF THIS PAGE ANC THE GENERAL TERMS AND CONDITIONS AT ACTED iNC THE SAGE ^F SPECIFC TEP4tS AND CCNCITICrJS CHECKED ABOVE DELIt ..ING �.` NS NA E AND NUMBER M „ (/_� 1 1 (i�-t 1 SHIP TO BILL TO CC ! 1 r� �'�• il�l� I Ic�tL-IILI'1 1(LIiN%1.i�l l i NAME I I iq IOi'r I I&Cii���l�ll�l� l I I I! AD ESS _ I Lk-;'f AI I tL- ^1 , ACC=E=3 ! ST ZIP I COUNT`+ CI^! ST ZIP SHIP 70 P-CNE = L'C , 3iC CLASS CODE NTACT ONE PRESCREEN : iKEY DECISiCN MAKER PHONE x FAX s BILLING INFORMATION SERVICE INFORMATION ZONE I 3EG DATE I t NO CF MONTHS S V L TiON 4T L BILLING INDICATOR ❑ NAT. CONT. ❑ BMA BILL TO LOC []SHIP TO LOC R.0 NO SPEC.-ANCL.NG ::CCE S� '�I c' -YEL MT NY ^ 11 Y N .bIT - EC ! L.M17 EXPIRE ARREARS FREE CCP'ES PER -- ?ER CCPv CHAR E CHECK s INCLUDE E DRUM DC t NAT. CONTRACT NO. BILL START DATE RATE=ACTCR. TYPE I PROD LD. DESCRIPTION CPCP SHIP SERIAL NO. MTR ROG CITY UNIT PRICE EXT. AMOUNT SVC PRICE 112 -7 Ice,- i, nQt c 'I I i 1 r n ` I L " T-Nn L A I INSTALLAA54IREIGHT CHARGES 202-9435 ADMINISTRATIVE FILING FEE MESSAGE SALES SUB TOTAL SERVICE SUB TOTAL SUB TOTAL STATE TAX COUNTY TAX CITY TAX TOTAL ANICUNT LESS PAYMENT AMOUNT DUE < > PURCHASE SECURITY AGREEMENT LEASE OR RENTAL AGREEMENT RELEASE BY/ DATE CASH PRICE i NO. OF PAYMENTS ) Cy DOWN PAYMENT PAYMENT AMOUNT I BILLING MASTER NO. CASH PRICE BALANCE PLUS TAX BMS ORDER NO. NO. OF PAYMENTS TOTAL PAYMENT AMOUNT PAYMENT AMOUNT ' '� PAYMENT FREQUENCY STATUS PAYMENT FREQUENCY , �` t CONTRACT TERM CONTRACT TERM 1 ST PAYMENT DUE APPROVAL CODE 1 ST PAYMENT DUE PURCHASE OPTION REVISION NO. Cus:;mer -.erect' ;rarts a purcnase A: reemert -ra: 'e'!Ied :o perrect !hts mterest. Lamer mosey security merest .n ano'o :he equipment may complete :tns Agreement oy filling Istetl aco,e z sec:.re're paymert ct :he �n 'he penal %mcers :r :re ecuipment.' eurchase cr.ce. A ,;opy of :Ns Crcer GENERAL MAINTENANCE AGREEMENT/ON-LINE CONTRACT CUSTOMER ACKNOWLEDGES BY INITIALING BELOW THAT THE GMA 5,0 N-LINE CONTRACT HAS BEEN FULLY EXPLAINED AND OFFERED. IN IALS �� CUSTOMER ACKNOWLEDGES PER COPY CHARGE OF 0 000k 'N EXCESS OF�COPIES PER INITIALS I/ CEPTED: Lanier Worldwide, Inc. 2300 PARKLAKE DRIVE, NE ATLANTA, GA 30345-2979 OMER hLTlV1E USS EN ITY) t ^ L� g CORP TITLE BY: X TITLE CUSTOMER SIGNATURE (INDIVIDUAL) / X = INDIVIDUALLY DATE ACCEPTED 19 DATE SIGNED: 19 Lanier Worldwide, Inc. W1000-9470 (&94) _,_�t_ -_=;C_^ c City of Southlake, Texas `I MEMORANDUM October 29, 1999 TO: Billy Campbell, City Manager FROM: Chris Carpenter, Senior Comprehensive Planner SUBJECT: Ordinance No. 754, 2nd Reading, Amendment to the City's Master Thoroughfare Plan, to provide for a connecting street between White Chapel Boulevard and North Peytonville Avenue Action Requested: To amend the currently adopted (3/4/97) Master Thoroughfare Plan (MTP) to incorporate the addition of a collector -level right-of-way in the vicinity of the Carroll ISD schools between White Chapel and Shady Oaks and the currently undeveloped area south of Coventry between Peytonville and Shady Oaks, as shown in "Exhibit A" attached to the ordinance. Background Information: As you may know, the text of the MTP notes that the thoroughfares represented in the plan show only existing roadway networks, with the note that the city may need future rights -of -way at various points between existing roadways where no thoroughfare currently exists on the MTP if development conditions warrant it. In this case, the city would prefer to address the need for potential new rights -of -way in undeveloped areas by actually amending the MTP to show a new thoroughfare. Amending the MTP to show a potential thoroughfare accomplishes at least two important objectives: (1) It serves as an advanced notice to property developers that there is a need to accommodate a new thoroughfare in their plans prior to the development of the property, and (2) it serves as an advanced notice to surrounding property owners and others of possible changes to circulation patterns in the subject area. Financial Considerations: There are no current financial issues to consider with this amendment. However, the right-of-way necessary for this collector, should it be constructed in the future, could be required to be dedicated at no cost to the city based on its inclusion in the MTP. Citizen Input/ Board Review: • Planning and Zoning Commission recommended approval of this item (5-0) August 5, 1999. nAcommunity development\wp-files\projects\mtp-96\99_amendment_cc2.doc 7A-I City of Southlake, Texas • A city-wide SPIN meeting was held in the Senior Activity Center to address this issue on August 26, 1999. • This item was discussed and approved on first reading (6-0) at the Regular City Council Meeting on September 7, 1999. • The City Council tabled the second reading of this item (7-0) at their regular City Council meeting of September 21, 1999, to provide staff time to contract with a traffic firm to conduct a vehicle count and turning movement study. • At the time of the writing of this memo, a second SPIN meeting is planned for Sunday, October 31, at 2:00 p.m. at the Senior Center to go over preliminary results of the traffic study with the consultant. An updated memo with notes from that meeting should be forthcoming prior to the Council meeting on Tuesday. Legal Review: The City Attorneys have been forwarded a copy of this memo and have made corrections as to form and legality. This item has been placed on your agenda in fulfillment of both the City Charter and Local Government Code requirements that state all master plans adoptions or amendments must move forward to the governing body (City Council) upon a recommendation from the Planning and Zoning Commission. Alternatives: The alternative to amending the Master Thoroughfare Plan to show this collector street is to not amend the plan, with future development conditions dictating the need and location for access in the area. Supporting Documents: Letters from property owners between Shady Oaks and Peytonville Ordinance No. 754, Amending the Master Thoroughfare Plan Exhibit "A" - Proposed General Location of Amendment Staff Recommendation: Staff recommends approval of the MTP amendment for future right-of-way acquisition purposes as shown in Exhibit "A," and with the following note: The graphical representation of the proposed thoroughfare shown is intended to depict a general alignment based on generally expected development conditions. However, the precise alignment of any proposed thoroughfare is ultimately determined during development case processing prior to construction. n:\community development\wp-files\projects\mtp-96\99_amendment_cc2.doc f A , City of Southlake, Texas Please do not hesitate to call me at Ext. 866 with any questions concerning this matter. CLC Approved for Submittal to City Council: Aw- )eityPanager's Office n:\communiry development\wp-files\projects\mtp-96\99_amendment_cc2.doc 7A-3 COPY &1 C1uza zZ� October 27, 1999 Dear Mr. Mayor and Members of the City Council of Southlake, TX. OCT 2 81%9 OFFICE OF CITY SECRETARY Re: Attached area map of property and proposed amendment to thoroughfare plan. We have lived on the property at 820 Shady Oaks Dr. for approximately 40 years and own 70 acres of land, parcels B, F, & H, as shown on the attached area map. Our daughter and son-in-law own parcel G, consisting of a one acre tract with a right-of- way to Shady Oaks Dr. We are opposed to placing a future ROW designation across our property on the proposed amendment to the Thoroughfare Plan for the following reasons: 1. In our opinion it devalues our property. 2. We cannot make plans for our property without considering the ROW acquisition. 3. From previous meetings, city staff mentioned that the 64 ft. ROW would be dedicated to the city. This evidently means that the property owner would receive no compensation for that portion of the property. This means that the property owner would be donating approximately 2.5 acres of their land to the city of Southlake. We are opposed to the proposed action. J. L. Clow Virginia F. Clow RECD 0G T 2 81999 OR COPY kat&L October 27, 1999 Li uU ACT 2 'J' i1 ' OFFIC=OFCITY ECRETARY To: The Mayor and Members of the City Council for Southlake, Texas Subject: Proposed Amendment to Thoroughfare Plan (Figure 1: Area Map of Proposed Amendment attached) Ladies and Gentlemen, As the property owners of "G" on the Figure 1: Area Map of Proposed Amendment attached, we are strongly opposed to the placing of a proposed thoroughfare line running adjacent to our property. In our opinion, having a thoroughfare line shown on a city map would hinder future attempts to sell this piece of property to a prospective buyer. We feel this would not only significantly devalue our property but would greatly affect the surrounding land values. The prudent thing to do is not to designate a thoroughfare line on city maps, but instead, incorporate specific language into future land development ordinances stating the City's expectations as it pertains to developments and the thoroughfares within. Again, we are strongly opposed to the amendment and the placement of a designated line on a City thoroughfare map. V. s ; Virgil L. Swirczyns a Ann C. Swirczynski ORDINANCE NO.754 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS PROVIDING FOR THE AMENDMENT OF THE ADOPTED MASTER THOROUGHFARE PLAN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Section 11.06 of the Southlake City Charter provides for the adoption and updating of a Comprehensive Master Plan and its components, including the Master Thoroughfare Plan; and WHEREAS, the Planning and Zoning Commission has forwarded a recommendation for an amendment to the Master Thoroughfare Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Pursuant to Section 11.06 of the Southlake City Charter, the Comprehensive Master Plan, of which the Master Thoroughfare Plan is a component, may be submitted in whole or in part from time Cl to time to the Council for their adoption, accompanied by a recommendation by the Planning and n:\community development\wp-files\projects\mtp-96\99_amendment_cc2.doc Zoning Commission, and shall contain a planning consideration for a period of at least ten (10) years. The proposed amendment to the Master Thoroughfare Plan, noted by graphical depiction in Exhibit "A" attached hereto, is hereby approved. SECTION 2 The different elements of the Comprehensive Master Plan, as adopted and amended by the City Council from time to time, shall be kept on file in the office of the City Secretary of the City of Southlake, along with a copy of the minute order of the Council so adopting or approving same. Any existing element of the Comprehensive Master Plan which has been heretofore adopted by the City Council shall remain in full force and effect until amended by the City Council as provided herein. SECTION 3 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. (we n:\community development\wp-files\projecis\mtp-96\99_amendment_cc2.doc 7A-7 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 SEPTEMBER, 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF SEPTEMBER,1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: (owl EFFECTIVE: nAcommunity development\wp-files\projects\mtp-96\99_amendment_cc2.doc (low, Exhibit A: Area Map of Proposed Amendment N n:\community development\wp-files\projects\mtp-96\99 amendment cc2.doc E M uty oT 50utniaKe, maS STAFF REPORT October 29, 1999 CASE NO: ZA 99-087 PROJECT: Site Plan — Chick-fil-A STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for Chick-fil-A on property legally described as Tract 2C 1 and a portion of Tracts 2B and 2C situated in the George W. Main Survey, Abstract No. 1098; Tract 6C and a portion of Tract 6 situated in the Samuel Freeman Survey, Abstract No. 525, and being approximately 1.1366 acres. PURPOSE: Site Plan approval is required prior to issuance of a building permit. LOCATION: On the southeast corner of the intersection of East Southlake Boulevard (F.M. 1709) and South Kimball Avenue. OWNER: Southlake Kimball Venture, Ltd. APPLICANT: The Vincent Association CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Seven (7) RESPONSES: One (1) response was received from within the 200' notification area: • Randolph R. Perry, Southlake/Kimball Venture, Ltd., 1130 N. Central Expressway, #407, Dallas, TX, in favor. (Received October 11, 1999.) One (1) response was received from outside the 200' notification area: • Jeff C. Wang, 595 South Kimball Avenue, Southlake, TX, in favor. See attached letter. (Received October 27, 1999.) P&Z ACTION: October 21, 1999; Approved (6-0) subject to Site Plan Review Summary No. 3, dated October 15, 1999, waiving Item #l.a (provide an enclosed pitched roof); noting the applicant's willingness to eliminate the accessory building next to the dumpster; straightening and widening the Kimball driveway to 35% acknowledging the applicant's willingness to add additional green space if he is able to City of Southlake, Texas diminish the size of the dumpster; recommending for the applicant to take pictures of the split -faced block to City Council; recommending the applicant take pictures of their alternate proposal for storage of the power washer to City Council; and acknowledging the applicant's willingness to meet with the neighbors before City Council. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated October 29, 1999. \\SLKSV4001\LOCAL\COMMUNITY DEVELOPMENT\WP-FILES\MEMO\99CASES\99-087SP.DOC OCT-2'�'-1999 10: 11 P . O21, Atts1: Andy Gerdes, Vucent Development , From: Jeff C. Wang, 595 'S. Kimball Ave., Southlake (817) 251-1001 x.11, (8i7) 251-0557; Fax (817) 416-0024 Date: 10/26/99 Subj: Chick Fli-A Project 1 think we will slot be able to weer with neighbors since the limited time we have before it goes to City Codncil. I called the -Faglie (the SPIN rep.) last not but they were not home- I told to the Po (305 S. Kimball) and they are not available this Week. The Johnson (495 S. KWball) was on flight duty and won't be in inuil weckmd. I also spoke with Jack Petty (600 S. Kimball) and briefed with him our discussion during P&Z_ He had no objection as Joni as the safety issue had been disamed. . i My main concern was tha short aistance between your driveway (and Primroses) at S. Ki> jba11. However, it was cleated that P&Z.approved it earlier with the other project. Other concerns were mostly relate to S. Kimball's traffic flow which was beyond your scope. Ho,bever, I wilpappreciate if you can fax nad (917/416-0024) a Dopy of the revised site plan witi 35' drive"y and longer stacking. I can.shatad it with ncighbom We really do not care about the Egaterial/look of the dumpstcr. We have other buildings down the street that are pinch uglier_. Again, I apprecioe your wMinpess to meet neighbors but unf rtmmely we cannot not schedule one due. to the limited time we have. please let me . kD6w if you seed me to be at the council meeting speak for your project.. Thank you. fC'D OCT '2 71999 �?T.�i�ti?ti'?ats.- li' �.,. r �'• a .,u�s`!'yA�`4.:'tf�e��r�'�ds�'� - TOTAL P.02 B-3 1 A I ' .1235 @ I I� 117 �2 I SoTHp RK By . 9 x 1.1135 @ G Cz BLUEBONNET r, ROAD PARTNERS -LTD. @ n C-3„ 226°5 ADD BAL 1 KIM LOWE'S HOME CENTERS INC. rn 2D i 2CI------------- .016 1 SOUTHLAKE :+e 1 R - EKIMBALL E%ft II VENTURE i CHURCH OF j LTD. SOUTHLAKE .CHRIST TR a KIMBALL OUR KING I 9 "C-3" .. 1 VENTURE LTD. .,C_3„ 1 F. CANGELOSI "C-3" 1I i i5 B @ ui •177a688 C+ VIC 8.5531 ,I J. EZELL j TR 2 '1 1.59 AC 11 ,I "AGO' TR 2A V] 5.73 AC II II TR 2A 71 2.94 AC II II TR 1 ,1 t ADJACENT OWNERS AND ZONING E 1R1 / w FIELD@ (AY TRAC TR 1 1708 »J ) 3R1 .89 1R1 1.737 @ ,5253' ORGE G AR VR @ J7 1R2 2 .685 .92 @ IJ• 1R3 1.554 @ FA 5 0 m i S 0 OL U IN d U o U City of Southlake, Texas A 14 SITE PLAN REVIEW SUMMARY Case No.: ZA 99-087 Revised Review No: Three Date of Review: 10/29/99 Project Name: Site Plan - Chick-Fil-A, Lot 4, Block 1, Perry/Allen Addition APPLICANT: Chick-Fil-A 5200 Buffington Road Atlanta, GA 30349 Phone: (404) 765-8000 Fax : (404) 765-8930 Attn: Terry Long ARCHITECT: The Vincent Association 10015 Technology Blvd. West Dallas, TX 75220 Phone: (214) 351-5400 Fax : (214) 351-2095 Attn: Andy Gerdes CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/04/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT EDWARD S. MCROY AT (817) 481-5581, EXT. 880. General Development Standards Applies Comments Corridor Overlay Regulations Y See Comment No. 1 a, 1 b & 2 Residential Adjacency Y See Comment No. la, lb & 2 Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies. Interior Landscape Y Complies Driveways Y Complies with Approved Concept Plan & Preliminary Plat 1. All structures having -A footprint of 6,000 square feet or less shall be constructed with a pitched roof as defined in Section 43.12 of the Zoning Ordinance. The following changes are needed: a. Provide an enclosed pitched roof on the main restaurant building. The applicant proposes a mansard -type screening system on the main building that provides the appearance of a pitched roof and that screens all rooftop equipment. (Variance Requested) b. Provide a pitched roof on the accessory storage building located near the dumpster area wall. The applicant proposes a flat roof at or below the attached dumpster screening wall height so that the building appears to be an extension of the dumpster area. If approved as shown, the applicant must ensure the wall height is sufficient to screen any roof -mounted mechanical equipment (fans, ventilation, HVAC, etc.) (Variance Requested) -19-7 v1iy v1 vvuuuan=, 10Aa0 A A 2. Provide a masonry screen wall for,the trash dumpster utilizing similar materials as those used on the building fagade. The applicant proposes a screen wall that matches the retaining wall currently in existence along the rear of the Taco Bueno site to the east. (Variance Requested) * The proposed site, does not exceed the maximum permitted impervious coverage area percentage of 75% for the "C-3" Zoning District. The impervious coverage area percentage of this is approximately 71 %. * The proposed drives conform to the previously approved concept plan for this site. (City Case No. 95-124) * It appears that this property lies within the 75 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Any synthetic masonry products such as EIFS used on the exterior walls of the building must conform to City of Southlake standards. Contact the building Inspections Department for more information. * The drain inlet within the dumpster area must not allow storm water to enter the sanitary sewer system and it must protect against the possibility that trash, food stuffs or other hazardous or non- hazardous materials will be deposited into the system. Contact the Building Inspections Department and Public Works for additional information regarding this requirement. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit, a plat for this site must be filed in the County Plat Records. Additionally, a fully corrected site plan, landscape plan, irrigation plan, and building plan, 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, Street Impact Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. A letter of permission from the adjacent property owner(s) must be obtained prior to issuance of a building permit for the construction of any off -site pavement. Any change of tenant/owners with a request for a new C.O. may require a reevaluation of parking on this site. Denotes Informational Comment cc: Andy Gerdes, The Vincent Association Terry Long, Chick-Fil-A Bury & Pittman Southlake Kimball Venture Ltd. L:\COMDEV\WP-FILES\REV\#SPLAN-1. WPD VIA: FAX: ABOVE VIA: FAX: ABOVE VIA: FAX: (972) 991-0278 Attn: Brian Burgur VIA FAX: (214) 696-4360 Attn: Randy Perry -19,8 f City of Southlake, Texas Case No. 99-087 Review No. Two (Resubmittal) Dated: 09 — 22 - 99 Project Name: Chick-fil-a (Site Plan) Number of Pages: 1 Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 09 — 13 — 98. Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. LANDSCAPE COMN ENTS: * All landscaping along the east bufferyard should correspond with the existing west bufferyard landscaping of Taco Bueno. TREE PRESERVATION CONEWENTS: * There is one (1) existing Post Oak along Kimball Drive. This tree is not on the Chick-fil-a property and may not be removed or destroyed. BUILDING INSPECTIONS at s w�a awe a-0 nQmt Mal '"Yffilaos Om NOwau NMY/AHH3d ••+•wa ,na Of. i -46 Saida S r xjma 't im 888I 'Or, �agata�dag :a7�4 loafaid r = 1 _ i iF l�.rtjj�lr��� afro ffiirj# �,+, i W ii�tR�� as"1fill t o '; Jt�?l�4!!9l3ad�i.��tl�i •;sl9.x .' ! o A'p ac�0000�orcaa 000 ,, j' i ! j till 11 j l l i fill _ `' z HIM �� r 1 1 `. ilr�tjrirll I 11.5 js a 1 g— t0 i �lJDF �....m�.,io..7. L svx axvlHif= 'ru °D vnalra axvnos+ ouw rn � 1 9>0 0 6 U J J OC I I c cm 3LViO 'Al* - i 00 61 O CY) CY) < Ike. I 1 p g E j i { .1241 _ QU moo° 1 X:5:A'_� 1 Oo099 Zi 8 fi t I CCrj4 cD < w m s• a3 _ ^L ^=N� n YB �14 J�{ �`8 S d oaa aV LL1�- oo S1ar i a w^.A- •� �1i1. 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A 11 ! ! | &&�§ |`�| � !fill ■ % � If ■ � | K |�` ■ e e e e ea M City of Southlake, Texas STAFF REPORT October 29, 1999 CASE NO: ZA 99-057 PROJECT: Ordinance No. 480-317 / First Reading / Rezoning and Development Plan - Crown Ridge Addition STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Rezoning on property legally described as Tracts 8, 9, 18, and 19, situated in the R. D. Price Survey, Abstract No. 992, and being approximately 63.43 acres. A Development Plan for Crown Ridge Addition will be considered with this request. PURPOSE: To establish zoning and development concepts for future development of a residential P.U.D. LOCATION: On the west side of North White Chapel Boulevard approximately 700' south of West Bob Jones Road. OWNER: Southlake/Solana, Ltd. APPLICANT: Huitt-Zollars CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "R-PUD" Residential Planned Unit Development District AMENDED ZONING REQUEST: "SF-1A" Single Family Residential District (see attached letter) LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Fourteen (14) RESPONSES: Four (4) responses were received from within the 200' notification area: • W.E. Lamoreaux Jr., 6967 Blackwood Drive, Dallas, TX, in favor, "I would like to see more development in Southlake." (Received August 31, 1999.) • Barbara G. Lamoreaux, 6967 Blackwood Drive, Dallas, TX, in favor, "It stands to reason that the entire area needs encouragement to develop since Southlake wishes Sabre to bring in so many new people who will need housing." (Received gA-1 City of Southlake, Texas August 31, 1999.) • Jim Makens, Copper Line JV, 2300 Airport Freeway #230, Bedford, TX, in favor, "in favor so long as developer addresses the additional water flow being dumped on my property." (Received September 10, 1999.) • Marzell F. Evans, 9426 Braddock Road, Fairfax, VA, undecided. (Received September 10, 1999.) Three (3) responses were received from outside the 200' notification area: • Peter and Marilyn Hye, 4522 Saddle Ridge Road, Roanoke, TX, in favor, "Because the above addition is adjacent to Lakewood Ridge Subdivision where the houses are on 1.3 to 1.5 acre lots, we do not want to have 85 homes on 65 acres in the neighborhood (including roads?!) The new addition should have no less than 1 acre lots for the houses excluding the roads." (Received September 9, 1999.) • Judy Howell, 460 Brooks Court, Southlake, TX, opposed. See attached letter. (Received September 9, 1999.) • Cara O. White, 4475 Homestead Drive, Southlake, TX, opposed, "Does not conform to the Land Use Plan. Removal of a huge # of old established trees -unnecessary. Drainage issues & traffic issues." (Received September 9, 1999.) P&Z ACTION: September 9, 1999; Denied (7-0). COUNCIL ACTION: October 5, 1999; Approved (7-0) on consent applicant's request to table. October 19, 1999; Approved (7-0) on consent applicant's request to table to the November 2, 1999, City Council meeting. STAFF COMMENTS: Please note that a change of zoning to the "SF-1A" Single Family Residential District does not require a Concept Plan Review by Staff. Because of a recommendation for denial by the Planning and Zoning Commission, a super majority vote for approval by the City Council is needed in order to approve this zoning change request. NACommunity Development\WP-FILES`iMEMO\99CASES\99-057ZD.doc 8A -2 TERRA LAND DEVELOPMENT CO. October 18, 1999 Karen Gandy, Interim Planning Director Planning City of Southlake 1721 East Southlake Boulevard Southlake, Texas 76092 Re: Crown Ridge Estates Dear Karen: Please put Crown Ridge on the list for the next Southlake City Council meeting. We request that our zoning for the Crown Ridge Development be changed from a PUD to SF -1A. I have met with Cara White, the representative of Spin 1. She states that Spin 1 is in agreement to support this zoning change request. Please let me know when the next (OW City Council meeting is scheduled. Thank you for your help and patience through this process. Sincerely, Gaull Spain PS; mka Cc: Cara White -C'D O C T 211999 Terra Land Development Co. ** 700 Lakeview Blvd. * Denton, Texas * 76207 * 972-410-5000 * Fax 940-383-1340 ** 0A - Z 788 a851 JUL' HD;JE.L 1'��111�Y �11Ce Cl Ch Epp., t1A11 Mf:M n Cf Mir JUDY nOWFI i CI 11, l;hr i IM{URAMt� 1_ j -il, l+ h'Ilorre a^Ci I:` S Inc 506 W. '!+ ,.'II AND. Ui lE IX /ti!I- -'NJNF ;9 ?; ? 0-157F; FAX Scp11.cr )(.,r ':7, 19(j9 Soc��r,l;jk� r'1anning & _70r-r,g onj,tittcc: �Wi vri riy husband end ) moved to Sou! hl a<e three anc7 r al f years dq ,. �* had looked for over bv0 years for a gra;at. location- - • rL,ral otnjo�prer(�. low- d;nsity housing, and acreay�. Wr founU r)'ur dream propert.y on r;;oks cour-_ anti were lead to L,elleve tri;.�t. t.hr_+ zortirig in t.r,e area was f^r 'low - density housing and no less than 01ie acre. per dwc�t iriy Nuw we are faced with a dcuvolop(,r who has purchased property for residential lots. Ile was aware of the minimum acreage zoning when he purchased this land and i now trying to steam roll a change through for high-dransity residential, We have mct with him severa times and rude our- thoughts quite, plain as to cur desire to l eavc trio torsi r)" as, i t s row, and obviously, he choose s not to pay attention to our des res . Si n;:e my husband and 1 wi l 1 br' out of town on the gth of Sepi.'errber , this letter will servr., as our vote for trip mPPt.i ng. WEr arcs wF y opposes; to the CrcrJvrt Ridge ion i rq plan due to its t ai 1 urea t o seen ly with the, Ci ty' s I and Use Plan. that is in place now, and its e f feet. on y-eet infrastructure and our quality of life. 1 are sure that the developer feels that if he Con- ti%es to harass the current. residents that we will re"erit and fail to appear and express our foolings. Please be assured that our Opposition to this change of 7ori ng w'i l l not change and we will not go away. Sircerely, JUDY 'GAL -LA. 5A—q i i1 o.t w - ld AaTtoa Rnssoa LL W C � 0 s - =t } = LL - 0( ut una u.�tunt Q ° - ^ 3)IVlHlnos 30 �l Ll0 =-mod----1---- — --- - "3)lYlH1nos=io t0r_- :Y— — - - ---- -- ------------------- ryi w¢.a wa ^ a t7 z Q NOSN3H '3 W .Y C NOSN3H'3 Z Z try 'Y �Y O 113tnud 'a Y C ZR m x W C v < - Z cr Q m = ^4 P� Q ZLU 4 z V N `_ s O .Y - x W 2 0 Y � = R 3 dE• - F- -------------------------- r 0 D Z ° W = W � J I g Q .Y 0 - LL,le w - 05 -----= - as attar F- _�/ s I �8 as Dungy r emo AHdo!!1 d0 A110 IRA .-(0 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-317 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS ANIENDED, 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 LEGALLY DESCRIBED AS TRACTS 8, 9, 18, AND 19, SITUATED IN THE R. D. PRICE SURVEY, ABSTRACT NO. 992, AND BEING APPROXIMATELY 63.43 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABIIdTY 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 "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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-117.DOC Page l 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 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-317.DOC Page 2 8A -v 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: Being Tracts 8, 9, 18, and 19, situated in the R. D. Price Survey, Abstract No. 992, and being approximately 63.43 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" Single Family Residential District. MTOMMUNITY DEVELOPMENT1WP-FILES\ZBA\PENDING\480-317.DOC Page 3 8A i l 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, NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-3I7.DOC Page 4 gA -10 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 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 NACOMMUNMY DEVELOPMENTWP-FILES\ZBA\PENDING\480-317.DOC Page 5 Vk-' 1 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 MAYOR ATTEST: day of , 1999. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1999. NACOMMUNITY DEVELOPMEMMWP-FILES\ZBA\PENDING\480-3I7.DOC Page 6 IS "NIX63 7 ATTEST: CITY SECRETARY gA-IL APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: WTOMMUNITY DEVELOPMEMnWP-FILES\ZBA\PENDING\480-317.DOC Page 7 4�aA -II EXHIBIT "A" BEING all that certain lot, tract, or parcel of land situated in the R. Price Survey Abstract Number 992 in the City of Southlake, Denton County, Texas, being a part of that certain "First Tract" and all of that certain "Second Tract" conveyed by deed from Garvis Doyle Gilbert to Mary Veda Gilbert, recorded in Volume 3232, Page 515 and all of that certain tract of land conveyed by deed from June Jones Jr. to Darwin Larue Jones et al recorded in Volume 2426, Page 284, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNLNG at an iron rod found for corner in the east line of the J. Henry Survey Abstract dumber 528 and in the west line of said Price Survey Abstract Number 992, said point being the northwest comer of that certain tract of land conveyed by deed from W. B. Downing to the City of Southlake recorded in Instrument No. 0066058, Deed Records, Denton County, Texas; THENCE N 00deg 00' 14" W, 677.15 feet with said common Survey line to an iron rod found for corner; THENCE EAST, 133 5. 15 feet with Bob Jones Road, a public roadway, to an iron rod found for comer, THENCE S 00deg 00' 10" E, 677.22 feet to an axle found for corner; THENCE S 89deg 39' 20" E, 1857.31 feet to a fence comer for comer in the west line of White Chapel Road, a public roadway; THENCE S 00deg 24' 20" W, 674.18 feet with said west line of said White Chapel Road to a fence comer for comer; THENCE N 89deg 37' 44" W, 2540.89 feet to an iron rod found for comer, said point being the southeast comer of that certain tract of land conveyed by deed from June Jones to Linnie Johnson, recorded in Volume 373, Page 195, Deed Records, Denton County, Texas; THENCE N 00deg 06' 04" E, 211.63 feet with the east line of said Johnson tract to a fence comer for corner, said point being the northeast comer of said Johnson tract; THENCE N 89deg 53' 56" W, 420.00 feet with the north line of said Johnson tract to an iron rod found for comer in T. W. King Road, a public roadway; THENCE N 25deg 25' 34" E, 43.1Z feet with said T. W. King Road to an iron rod found for comer; THENCE N 25deg 25' 35" E, 46.92 feet with said T. W. King Road to an iron rod found for comer; THENCE N 23deg 03' 04" E, 300.57 feet with said T. W. King Road to an iron rod found for comer, THENCE N 07deg 50' 45" E, 99.46 feet with said T. W. King Road to an iron rod found for corner in the northeast comer of said W. B. Downing tract; THENCE N 89deg 58' 40" W, 397.17 feet with the north line of said W. B. Downing tract to the POINT OF BEGINNING and containing 63.43 acres of land, more or less. WCOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-317.DOC Page 8 8A -(q City of Southlake, Texas MEMORANDUM October 29, 1999 TO: Billy Campbell, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Ordinance No. 761, 1" Reading, an ordinance amending Ordinance No. 682 relating to the manner of appointment and terms of office of the members of the Board of Directors of the Tax Increment Reinvestment Zone Number One of the City of Southlake; and resolving other matters incidental and related thereto. Action Requested: Consideration of Ordinance No. 761, amending Ordinance No. 682 to amend the section of the ordinance which relates to appointments and terms of office of the Board of the Directors of the TIRZ. Background Information: Ordinance No. 682, approved on September 23, 1997, established the boundaries of the Reinvestment Zone and created the board of directors of the zone. Some recent legislative changes allow for these amendments to the section related to the TIRZ board appointments and terms of office. Also, these revisions reflect issues identified over the past two years related to the TIRZ Board appointment process. The changes to the board of directors section of the Ordinance includes the following: • Each board member serves at the will and pleasure of the governing body that appointed them to the board, and may be removed by a majority vote. • Clarifying that the TIRZ Board members who are also City Councilmembers shall serve until their term of office as a City Councilmember expires. The ordinance also changes the terms of office of the board members to two years (as required by statute) instead of three years. The City Council will continue to appoint eight members to the board of directors of the TIRZ, and the governing bodies of each of the taxing units participating in the TIRZ shall each appoint one member to the board. As you recall, the participation agreement with the CISD calls for the City to allow the School District to name one of the City's appointees to the Board of Directors of the Reinvestment Zone. The Board of Director appointments are completed through a resolution. Billy Campbell October 29, 1999 Page Two Financial Considerations: Citizen Input/ Board Review: Legal Review: This ordinance does not have any financial implications. Not Applicable. The city attorneys have been involved in the TIF process and can respond to any legal questions or issues which may arise during the meeting. Alternatives: The City Council may wish to consider adjusting the timing of the terms of office of the board. In so doing, this ordinance would tie the board membership to the terms of City Councilmembers, with the terms of office to begin in May. The City Council would then be able to make appointments to the TIRZ Board consistent with other board appointments. If this is the Council's desire, the ordinance will be revised to reflect the new terms before second reading. Supporting Documents: Ordinance No. 761. Ordinance No. 682. Staff Recommendation: Staff recommends placing this item on the November 2"1, City Council meeting agenda. Approved for Submittal to City Council: /44/- Ci anager's Office U-Z City of Southlake, Texas ORDINANCE NO. 761 AN ORDINANCE AMENDING ORDINANCE 682 RELATING TO THE MANNER OF APPOINTMENT AND TERMS OF OFFICE OF THE MEMBERS OF THE BOARD OF DIRECTORS OF THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, on September 23, 1997, the City Council of the City of Southlake established the board of directors of the Tax Increment Reinvestment Zone Number One, with the adoption of Ordinance 682; and WHEREAS, the City Council wishes to amend the terms of office of the board of directors and make other changes as a result of revisions to Chapter 311 of the Texas Tax Code, enacted by the 76th Legislature; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. SECTION1. That Section 4 of Ordinance No. 692, enacted on the 23rd day of September, 1997, is hereby amended to read as follows: SECTION 4: (a) There is hereby established a board of directors for the zone which shall consist of 12 members. (b) The Southlake City Council shall appoint eight members, who, in accordance with Section 3.02 of the Charter of the City of Southlake, shall serve at the will and pleasure of the City Council. The governing bodies of Carroll Independent School District, Tarrant County, Tarrant County Junior (4m., College District, Tarrant County Hospital District, shall each appoint one member to the board. If any of these taxing units waives its right to appoint a member to the board, the City may appoint a member in its stead. (c) Each member shall meet the eligibility requirements as set forth in the Act. (d) Each member shall serve for a term of two years or until the member's successor is duly appointed and qualified. (e) The City Council shall designate a member of the Board to serve as chair, and the Board shall elect from its members a vice chairman and other officers as it sees fit. (f) The board of directors shall make recommendations to the City Council regarding the administration of the Zone. It shall prepare and adopt a project plan and a reinvestment zone financing plan for the Zone and shall submit such plans to the City Council for its approval. It may recommend amendments to the project plan in accordance with the requirements of the Act. (g) Each member shall serve at the pleasure of the governmental body which appointed the member and may be removed by a majority vote. (h) A member who is a member of the City Council shall cease to be a member at the time he or she ceases to be a member of the City Council. SECTION 2. ORDINANCE CUMULATIVE This Ordinance shall be cumulative of all provisions of ordinances of the city of Southlake, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. e—� SECTION 3. ,.. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. (W EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication as required by law. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1999. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney A i` i CRDINANCE NC. 582 =Nv�� =NLN C= ces_--az-- .� a ge^bra_ _.1C area in Sc,_: ?lake as Reinvestment Zone Numhe_— Cne, City of Southlake, Texas; .seating a Bcard c-c Directors for such zone; making certa-4 `indirgs and ce_er:,:iza:._c;•:s i:: _e_a=io;-i to s-.:c_. _=investm_::t zone and resolving ct::er masters incident and related thereto. i i*ERE:`.--, the C-ty Council of the City of Sout^-ake, Texas (te "City"), desires to promote the development cr redevelopment of a certain contiguous geographic area (a 255 acre tract of land :,ounded by Kimball Avenue, State Highway 114, East Southlake oulevard (FM 1709) and North Carroll Avenue) within the City b,, _ -.rear_= of a reinvestment zone as au=horized by the Tax -�__ _men _ _- anc__ _ A C V . _ Tay Coo=, C_^_ao_e_ 3 _1 _ e+hE:c_-S, _n comp _'Lance w-t_. _^e Act, a _ .:O_ic hea_in� on creation o_ the proposed re_.nlves ment zone and its oene=its to t:' e v and the ^roper y •- _ r+ v l-_ --he rery zone war 7 L S �.. ordered to ce helA -. August 2-S, 1997, d•_lring the regular meeting o= the Counc-- sc:-ed .led _c bec n a:: 7.00 o'clock, _ .`�. _._ the C_-y Courc-- ___...%✓e rS .._ _. e ..._ -a__, A✓C..•.;-, -_xaS, an� -S_ ..as-------- 311 . 003 (e) c-f re Act, a written nctice of the C; tv' s i nten ::lo_^_ cc establish such reinvestment zone was sent on the 25th day of June, 1997, to the governing body of' each taxing unit that levies real property taxes in the proposed reinvestment zone, i.e., the - Carroll Indenendent- School District:, Tarrant Co::n.ty, Tarra^ _ Counz --.spiral District and Tarrant Junior College Distr_C_; and HERE.A S n : -e_ 22-id daz f Sectemer , 1:97, t::e C--_- ___n._-1 a f r...�_ = _ _O __ le___-. . t -.f the .�_rcl; School D-Ls=r_.,^, and o: day of September 1 97, the City Ccunci_of Southlake made a =�rmal aresen-aticn =o the governing body o= Tarrant Count/. "arrant COL nzv HoSp_tal 'D istr-Ct and 'arrant Countv Junior College J=StriCt Were i:,',; -.r-P.e L and 1.^0 _v-_?w t� �aC.^. f these L 044.1266 Lresencat ions and arrangements have been made to make formal presentations Lz each their aoverni - bodies. These presentations a description of the proposed boundaries o= the zone, the to tat:ve plans for the development or redevelopment of the zone, and _ estimate of the general impact of the proposed zone on property values and tax revenues; and W::EREAS, due to an error in publication cf the legal notice for the August 2_, 1997 public hearing, the public hearing was postpcned and read•:ertised. Notice of the Sec ember 2, 1997 public hearing was duly _...._fished in theFort: Wor::h Star Telegram a newspaper having .-eral circulation in the City, in its issue dated Auciust 23, 1997, the date of such publication being at least seven (7) days prior to the date of the public hearing; and W': EREAS, pr_�r the public hear_na on _he creation of the reinveStmen_ zCne, a rel�..._narV reinvest.,. ..t -- _ --na^C i plan l�aS _ r>'lare�-"--,J r:~,a __Jn _ roj�ct osts _ _.._ nonthe kind, number and iodation of all proposed public wzcrks or public improvements in the zone, an econom-1c feasibility stud.✓, the estimated L-debtedness to ^e _ncurr_d, the methods of fi-.^_anci amount of bond nc all estimated proje---- costs and the expected sources of revenue to finance or nay proj-ct costs, _.__ng _ne percentage of Lax _ncremen_t to be derfive. _rcm _czerzy axes cf each tax-`ng unit _hat _=✓yes taxes on real _ _- _ i _-- _-._ _St_ _ ` , a C .,: :at , a cop'.! of S•.._._ _ re__... -. - _-�=st...=_.= zones fLnanc-ng _ -a W'4EREAS, on September 2, 1997 a public hearing on the creation of the re ---vestment zone was held at the time and place noted in the aforesaid notice, and all interested persons, or their attorneys, were _._.___d to speak for or against the creation cf the reinvestment zone, t-=- boundaries of the proposed reinvestment zone as described in .i:'i.B attached hereto and depicted in the map attached hereto aS the concez)t of tax _ncremer: a-:d _.._ = cc_..t..._nL of a boa _�C --- proposed reinves_-_ni zone; and i W-EREAS, all zwners reinvestment zone and all persons were 04442'66 of property located within the proposed other taxina units and other interested cpportunity �at such pucl_c hearing to retest the creation of the proposed reinvestment zone and/or the in of their Drocerty In such reinvestment zone; an' Wti_REAS, the oropo%ents of the reinvestment zone offered e•_'dence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the rein,Jestment z:,n_, and three (3) cpoonents of the reinvestmen_ zone appeared tc ccntest creation of the reinves_ment zone; NOW, 'T'i_.?_?OR?, S7 ORDAINED BY THE C_ -Y COiUCC1L 0- HV CITY _ C 77HLA 7 , - �X -,J . SECTION 1: The facts and recitations contained in the -reamble of this ordinance are hereby found and declared to be true and correct. T �V, [ e � - _'✓ Council, after con.. -_ t _::g s'.... -_ .nearing ana test_-'.__. , has mace _ne cN_^g=_.__.-. gs ana aeterm_nat_ons based c-: -he e-;_de_.__ and -_77ony _ rese nzed Zo _t . i Qe 0441266 - ,a) ':he public hearing on adc•ozio n of the reinvestment zone }-as been properly called, held and conducted and no__ce of suc? nearing has been pub iis I ned as _ _ _ _rec y _a'� aa ce-- . _rea to zax_ng ,..._ _s 'Jeri _C _ inside :DrODosec ib) =he creation of the proposed zone with boundaries as described in exhibits "S" and "C" will result in benefits to the City, its residents and property owners, in general, and to the property, residents and property owners in the reinvestmen_ zone. ;c) The re=nvestment zone, as defined _n SXhibits �3 and 11C11 meets the criteria for the creation o= a re_: es_m_.__ Z^^e as Set fort._ in the __. � tli It is a contiguous geographic area' ioca_ed wholly within the corpora-e -imi_s of _he City. -3- O6_q L U111 6 (2) The area is predominately open and because of obsolete platting or deterioration cf struc_.:res cr size improvements, substantially impairs or arrests the sound growth of the City. (3) the area within the reinvestment zone substantially impairs or arrests the sound growth of the City; an- has aeterioraz_cn of site or Other imorcvements. �) Ten percent or less of the property in the proposed reinvestment zone, excluding property dedicated to public use, is used for residential purposes, which is defined in the Act as any property occupied by a house wl:ich has less --'-an five living units. I _aea az ' o'CJ=_ - V -"1 .Z ne ✓r .Op OSed _-e 4_--'IeS Z7n.en .: Z= e .:. C-Ord_ng to �..� mosz recen:. ap - rasa_ rolls .^./_ Z`e ...-_.-r , together total acora_se : value of taxable real property `r all Other existing reinvestment zones-wi_r.in the City, f any, according zo the most recent appraisal rolls of Citv, does ^.Ot excee" fifteen , 15 ) ercent of the _enz Roza_ ap _ -== o� taxa _e _ rOpcity __i the J and in tom= _nC':Str_3I C_. ---Cts .._•eater. by t:^.e if an% . she proposed reinvestment zone_ does not contain more than fifteen (15) percent of the total appraised value of real property taxable by a county or school district. (g: The improvements in the reinvesz�m:ent zone will significantly enhance the value of all taxable real Property in the re_nves�ment zone and will of general '-en.���t to the C`tv. (h) The developmen.- or redevel=ment of the property ih the Proposed reinvestment zone `n ill not, occur solely through private investment in z-e reasonably -oreseeable Lu..ure M SECTION 3 The C__y hereby creates a reinvestment zone over the area described b'.' the me=es and bc,=ds in =x.^_'_bit "B" a:-_ac'ed eret_ and depicted in_ e ...a;, at_acr.e : , deter as Ex.^._.^it C.1, and such reinvestment zcne s^all hereafter be identified as ?eirvestment Zone Number , C - utnl � Texas ti^ "Zone" 'mb One, ,._..v cf ou a't_, xas (the Zo_ or "Reinvestment Zone"). ECTION 4 There is herebv established a bcard of directors for t^:e Zone which shall consist of no less than seven(7)and no area:er than twelve (12 me -.hers. T'-e boar: of directors o_ the =ei...�stment Zone seal_ be =^poi-_ted as follows. Eight (8) members shall be appointed by the City Council, and t_^.e governing bodies c= each of the fo_lcwing taxing units which levies taxes on real property in the Zone (Carroll -ndependent Schoc'_ D_stric`, Tarran: Countv, Tarrant County :ol....t`y' D=strict, , =-:e Doa_ he DOarQ, t e C_ ', a, p0_..� such Doa_d member, _._ its �t?ad. The Initial '-card O� QireCtOrj S a__ be appolPiteQ by resolution of the aover.._na bodies of the City and the taxing L nits as provided here .. 'with'P_ sixty (60) days Of the passage __ this Ordi-ance. All mem ers cocint-ed the board s^all het elig_b_i_ty _eq�--_-__.ts as Se-_ for__. - t-e Act. CZ hody t: t.._ sna-- designate a 7ne-.bar of the -card _o serve as chairman of t^e board of directors, and the board shay_ elect from its members a vice chairman and other officers as it sees fit board of directors '-all make recommendations to the City concerning the administration of the Zone. It shall prepare and adopt a project plan and a reinvestment zone financing plan for the Zon_ .'d must submit sue,- ..,fans to the City Court' i.l for its ECTION--5: The Zone shall take effect on january i�, 1998, and t:a= _ :e termination of the Zone shall occur cn D-ecember 31, 2018, or a= an earlier time desil a sated by s'_-bsequen-: crdinance of the --it,/ _Duncil in the even!-- --he Clty determines that the Ye,PveStmenz: L ,,I4 12loi s e-1I Qe )ne should be ter,m,inated due to insufficient private investment, accelerated Drivate i^.vestTA^t or other good cause, or at such time as all pro,ect c--s-s an... ._ax increment, bonds if any, and the 1.^.terest thereon, have been said in full. SECTION 6: The Tax Increment Base for the Zone, which is the total appraised value o= all taxable real property located in the reinvestment zone, is co be determined as of January 1 1997 the year in which the Zone was designated as a reinvestment zone. S?C'iICN 7 _._.re is Hereby created and established a Tax Increment Fund for t_`he Zane which may be divided into such subaccounts as may be authorized by subsequent resolution or ordinance, into which all Tax Increments, less any of the amounts not required to be paid into the Tax Increment Fund pursuant to the Act, are to be deposited. The Tax Increment Fund and any s•.,:baccoun_s are _o ce main-a_:-:ed ian account :{=ct at a deocsitory '.an.{ cf -:-_e and =V . Dos_=_.. ,, to __....._t S __ Ana__ Jew re- _ _.._ prescribed by _a/r for fl.ind-s D_ __xas cities. I.. addizi n, all revenues from t_-t sale c= a:•v tax increment bonds avid notes •rerea=ter issued y the City, revenues L' rom t ie sale c= an'y' proper-V acquired as part the tax incremen- -_ranting plan and other revenues to be dedicated to and used in the reinvestment zone shall be deposited into suc- Fund or _ubac_cunt fr,::, w-__.. :nc;ne-, will b_ disbursed zc pay prc.-c- costs -or --:e Zone or ::c claims of holders cf !:a{ __refine^= Cr_-es _____� ___ -.._ Z==. ACTION 8: := any section, paragraph, clause or provision o= this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or prevision shall not affect any of the remaining provisi--ns of this Ordinance. SECTION 9 =� _s o=f_cially fcund, determined, and declared that __-e mee__ng a_ w this Ordinance is adcp-ed was coen _. _he publi_ an: p.cl__ .. __-_ c= _.-- ti!^e, place, �_.� . �b� - J z fie _ :b11_ bus_ress r-o to considered at such meetina _nc_udino this Ordinance, was given, all as required by V.T.C.A.,�lcvernment Code, Chapter 551, as amended. J(41� 044a^_66 SECTION _G =:n_s Ordinance s::all take ef=ect and be in force M r� mmediately from and after its passage on the date shown below. PASSED CN FIRST READING, August 5, 1-997. PASSED ON SECOND READING AND ADOPTED, this 23rd day of September, 1997. CITY 0- SOi.JTHI,AiCE, TEXAS Mayor ATTEST: -zY Secrezia=V vT HLq% .e) IX =a _ C-2� S ZZ IL"444266 APPROVED AS TO LEGALITY: L' � B - I; City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance, Ext. 716 SUBJECT: Resolution No. 99-77, Casting City of Southlake votes for election of members of the Board of Tarrant Appraisal District Action Requested: City Council cast their votes to the Tarrant Appraisal District Board of Directors. Background Information: The terms of service for the five members of the Tarrant Appraisal District Board of Directors will expire on December 31, 1999. Tarrant Appraisal District has calculated the number of votes for the City of Southlake based on the amount of the 1998 adjusted tax levy imposed by the City. The City is entitled to cast twenty-eight (28) votes collectively or separately for nominees for the Board of Tarrant Appraisal District. The names of the nominees are included in the attached ballot. In 98-99 fiscal year, the City supported Mr. Mike Davis to serve as a Director of the Tarrant Appraisal District Board. Mr. Davis is asking for the council's support again for the current election. Financial Considerations: N/A Citizen Input/ Board Review: N/A Legal Review: None Alternatives: None Supporting Documents: Resolution No. 99-77 Official Ballot Mr. Mike Davis' letter 9A-( Billy Campbell, City Manager October 28, 1999 Page 2 (40" Staff Recommendation: Staff recommends consideration of this item at this time in order to return ballot to Tarrant Appraisal District by the mandated date of November 15, 1999. Approved for Submittal to City Council: A/- tit0lanager's Office A City of Southlake, Texas — RESOLUTION NO. 99 - 77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CASTING ITS VOTES 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, 1999; and WHEREAS, the Tarrant Appraisal District has calculated the number of votes for the City of Southlake based on the amount of the 1998 adjusted tax levy imposed by the City of Southlake to be twenty-five (28) votes; and WHEREAS, in order to be eligible to serve as directors, the candidates must meet the guidelines set out by the Tarrant Appraisal District; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHI.AKE, THAT: Section 1. All of the above premises are true and correct and are hereby incorporated into the body of this resolution as if copied in its entirety. Section 2. The City Council cast its twenty-eight (28) of its votes to the Tarrant Appraisal District Board of Directors to: Section 3. This resolution shall become effective from and after the date of its passage. PASSED AND APPROVED THIS THE DAY OF , 1999. ATTEST: Sandra L. LeGrand, City Secretary q.A --.3 Rick Stacy, Mayor TARRANT APPRAISAL DISTRICT John R. Marshall 2500 Handley-Ederville Road • Fort Worth, Texas 76118-6909 • (817) 284-0024 Executive DOVOOr Chia/ Appnbar October 22, 1999 /� f � f Mr. Billy Campbell City Manager City of Southlake 667 N. Carroll Ave. Southlake Texas 76092 ` +� Dear Mr. Campbell: Enclosed is an amended ballot for voting for the Directors of the Tarrant Appraisal District. The enclosed ballot includes another nominee which was submitted by Ist class mail, but not received by Tarrant Appraisal District. There are now seven (7) nominees for the five (5) positions on the Board of Directors. You may vote for one candidate or spread your votes to as many of the nominees on the ballot as you wish. There is no provision for write-in candidates. If you cannot return your official action by the mandated date of November 15, 1999, please call John R. Marshall at 595-6001 to discuss your meeting schedule and submittal timeframe. Sincerely, R. Marshall Executive Director Chief Appraiser JRM:mm Encl. OFFICIAL BALLOT ELECTION OF MEMBERS OF THE BOARD OF THE TARRANT APPRAISAL DISTRICT We, the governing body of City of Southlake having been advised by the Chief Appraiser of Tarrant Appraisal District that we are entitled to cast 28 votes collectively or separately for the following nominees for the Board of Tarrant Appraisal District: Mike Davis James R. Dennis Robert Hatfield Don Pearson Joe Potthoff Charles Rogers Tommy Vaughn do hereby resolve and order that City of Southlake cast and does hereby cast its votes as follows: votes for votes for votes for votes for votes for Passed this day of , 1999 ATTEST Presiding Officer Secretary or Clerk, City of Southlake IMPORTANT: This ballot should be returned by November 15, 1999 to John R. Marshall, Chief Appraiser, Tarrant Appraisal District, 2500 Handley-Ederville Rd., Fort Worth, Texas, 76118 9 A-S MIKE DAVIS 4703 Cresthaven Dr. Colleyville, Texas 76034 (817) 540-2140 October 13, 1999 Mr. Billy Campbell City Manager City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Dear Mr. Campbell: In 1997 the City Council of Southlake voted for me for the Tarrant Appraisal District. I am asking for your council to support me again. I am seeking my second term on the Tarrant Appraisal District. Enclosed is my personal resume in which I would appreciate if you would share with all the council members. If you have any questions, please feel free to call me at (817) 481-5548 or E-mail me at DavisGCISD@AOL.com. Sincerely, C,.__ / Mike Davis 31 Mike Davis PROFESSION: State Farm agent for 27 years in Grapevine, Texas EDUCATION: BBA in Accounting from the University of North Texas 1970 TARRANT APPRAISAL DISTRICT: Current director of the Tarrant Appraisal District since May of 1996. OTHER BOARDS AND COMMITTEES: Elected to the GCISD School Board, served on GCISD Board from 1977 to 1994 (temporarily retired until 1999). County Education District representative from 1987-1990 for GCISD, board member of GCISD Education Foundation, Treasurer of 1998 GCISD bond election, Chairman of finance committee while on board, numerous committee's while on the board. Grapevine Chamber of Commerce Business of the year 1998, D.E. Box Citizen of the year 1980, Grapevine Chamber President-1980, Current board member of Grapevine Chamber of Commerce, Past board member of Colleyville Chamber of Commerce, Grapevine Rotary Club, First Baptist Church -Grapevine, member of Colleyville, Grapevine, & Southlake chambers of commerce. SUMMARY: Wife, Susan, and I have five children - two in college, one at Colleyville Heritage High School, and two children at Grapevine High School. I have lived in the GCISD School District for over 27 years (17 years in Grapevine & the past 10 years in Colleyville). I have been a major contributor over the past 27 years to all of the booster clubs, organizations, and schools in our school district. I have invested in our school district not only in property taxes but monies to help support the above groups. If you have any questions or concerns or please call me at (817) 481-5548 (day), (817) 540-2140 (night) or contact me through E-Mail at DavisGCISD@AOL.com. qA - "I City of Southlake, Texas MEMORANDUM October 29, 1999 TO: Billy Campbell, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Resolution No. 99-78, appointing three members to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One of the City of Southlake. Action Requested: Consideration of Resolution No. 99-78, appointing three members to serve on the Board of the Directors of the TIRZ. Background Information: This resolution appoints the representatives to the Reinvestment Zone Board of Directors to fill three vacant, unexpired terms. The three vacancies were created with the resignations of Scott Martin, Ralph Evans, and Buddy Luce. As defined in Ordinance 682, which established the TIRZ and created the Board of Directors, the City is responsible for appointing eight members to the board, and the governing bodies of each of the other taxing jurisdictions (CISD, Tarrant County, TCJC, Tarrant County Hospital District) appoints one member to the board. As you recall, the recent participation agreement with the CISD asked for the City to allow the School District to name one of the City's appointees to the Board of Directors of the Reinvestment Zone. Dr. Gillum indicated this position will be filled by School Board President Susan Logan. The remaining two vacancies can be filled by City Councilmembers Rex Potter and Patsy DuPre, whose places were previously filled by Mr. Martin and Mr. Evans. The City Council is considering Ordinance No. 761, to amend the section of Ordinance 682 relating to the manner of appointment and terms of office of the members of the Board of Directors of the Tax Increment Reinvestment Zone Number One. The TIRZ Board appointment process will be clarified further once Ordinance No. 761 is approved on second reading, and we have direction from the City Council regarding the timing of the TIRZ Board member appointments. Financial Considerations: No Applicable. a-i Billy Campbell October 29, 1999 Page Two Citizen Input/ Board Review: Legal Review: Alternatives: Supporting Documents: Staff Recommendation: Not Applicable. The city attorneys have been involved in the TIF process and can respond to any legal questions or issues which may arise during the meeting. Not applicable. Resolution No. 99-78. Resignation letters from Ralph Evans, Scott Martin and Buddy Luce. Staff recommends placing this item on the November 2', City Council meeting agenda. Approved for Submittal to City Council: Ad- /ranager's Office City of Southlake, Texas RESOLUTION 99-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING THREE MEMBERS TO THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE. WHEREAS, the City Council of the City of Southlake, Texas, after public hearing created Tax Increment Reinvestment Zone Number One, City of Soutlhake, on September 23, 1997; and WHEREAS, a Board of Directors was established by the City of Southlake Ordinance No. 682, adopted September 23, 1997, to administer the Zone; and WHEREAS, the City Council of the City of Southlake appointed eight members to the Board of Directors of Tax Increment Reinvestment Zone Number One on November 4, 1997; and WHEREAS, three positions of the Board of Directors have become vacant, and the City of Southlake is to appoint three (3) members to fill the unexpired terms; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That all matters stated in the preamble of this resolution are true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. SECTION 2. That the City of Southlake hereby appoints the following members to fill the vacant positions on the Board of Directors of Tax Increment Reinvestment Zone Number One, City of Southlake, Texas, for the unexpired terms of office: 1. Councilmember Rex Potter 2. Councilmember Patsy DuPre 3. School Board President Susan Logan SECTION 3. That the City of Southlake authorizes and directs that this action be made part of the City's permanent records. SECTION 4. That this resolution shall be effective immediately upon passage by City Council. PASSED AND APPROVED THIS THE DAY OF , 1999. -3 CITY OF SOUTHLAKE, TEXAS APPROVED: MAYOR RICK STACY ATTEST: SANDRA L. LeGRAND CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY October 27. 1999 Southlake City Council 1725 E. Southlake Blvd. Southlake. TX 76092 Dear Mayor Stacy and members of the City Council: This letter should serve as my official resignation from the Board of Directors for the Tax Increment Reinvestment Zone Number One. I was appointed to the TIRZ Board of Directors on November 5, 1997 when the City Council approved Resolution No. 97-70, appointing eight members to the Reinvestment Zone Board of Directors to include the seven members of the City Council, and CISD Board President Buddy Luce. (, The appointments to the TIRZ Board of Directors are reflective of the City Council places. Since the Resolution No. 97-70 specifically named the City Councilmembers appointed to the TIRZ Board of Directors, I would like to resign from the Board. Over the past several years, I have enjoyed working with the City of Southlake as a City Councilmember and as a board member. If I can be of further assistance please do not hesitate to call me. Sincerely, W. Ralph Evans q�,, June 18, 1999 City Secretary's Office City of Southlake 1725 E. Southlake Blvd. Southlake, Texas 76092 Dear Sandy, IN 1890 OFFICE OF C17Y SECRETAIIy Effective immediately, I am resigning my position on the Tax Increment Reinvestment Zone One Board (TIF) since I am no longer a council member. LV Scott F. Martin 519 E. Dove Road Southlake, Texas 76092 BUDDY LUCE ATTORNEY AND COUNSELOR July 27, 1999 Tax Increment Financing Board Carroll Independent School District 1201 N. Carroll Avenue Grapevine, Texas 76051 Cammm Spawn► w CNa TMK Lew Am* FArtr L. Taw SOAM a LEGAL Sp9G.4jfA?10. Re: Resignation from TIF Board To Whom It May Concern; I hereby formally tender my written resignation from the Tax Increment Financing Board. If you need further information, please do not hesitate to contact me. It was a pleasure working with each Board member. Very �*y yo9K, y Buddy BL/bs �&7 1400 W. NORTHWEST HWY, SUITE 100 GRAPEVINE, TEXAS 76051 (817) 329-9999 FAX (817) 329-0716 T City of Southlake, Texas To: From: Subject: MEMORANDUM October 29, 1999 Billy Campbell, City Manager Charlie Thomas, City Engineer, extension 814 Versailles Addition Phase III Developer Agreement Action Requested: Authorize the Mayor to execute a residential developer agreement for Versailles Addition Phase III. Background Information: The preliminary plat for Versailles Addition Phase III was approved by City Council on June 1, 1999. Versailles Addition Phase III is a residential subdivision located along the east side of South Carroll Avenue between Oak Tree Addition and Versailles Addition Phase I. The developer agreement is the City's standard residential developer agreement covering the construction of public facilities. The City staff required the construction of the east one-half of South Carroll Avenue along Versailles Addition Phase III as was done on Phases I and II. The developer is requesting that the City reimburse them for the cost of the construction of the east one-half of South Carroll Avenue with credit to fees and cash reimbursement. Financial Considerations: The estimated cost of the east one-half of South Carroll Avenue is $129,504. Approximately $54,000 could be credited toward roadway impact fees and another $29,370 of inspection fees could be reimbursed to the developer if the City Council chooses to participate. Citizen Input/ Board Review: None. Legal Review: This developer agreement is our standard agreement, originally drafted by City Attorneys. 1 OA-1 Alternatives: Approve it, deny it, or modify it. Supporting Documents: Developer Agreement Staff Recommendation: Place the developer agreement on the November 2, 1999 City Council agenda for Council to review and approve. IC46� xoft� Charlie J. Tho s City Engineer Approved for Submittal to City Council: A'1-- ei-tyyanager's Office A 10A-2 VERSAIL DIT ASE III 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 Versailles Addition` ;Phase III, 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 46 lots contained within the Addition and to the off -site improvements necessary to support the Addition. 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 Addition completed as rapidly as possible, the City agrees to release 10% of the lots, five, 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. Residential Developer Agreement 1 10A-3 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. 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 the 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, letters 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 Addition. 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 approved the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. Residential Developer Agreement 2 10A-4 E. Until the performance and payment bonds, Letters of Credit or cash escrow required in Paragraph C have 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 the 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, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that the City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement 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 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 re -testing as a result of failed tests; Residential Developer Agreement 3 10A-5 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 acceptance 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 Addition 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. 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 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 regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. Residential Developer Agreement 4 10A-6 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 Director of Engineering Services, and made part of the final plat as approved by the Planning and Zoning Commission. 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. Residential Developer Agreement 5 10A-7 D. STREETS 1. The street construction in the Addition shall conform to the requirements in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Engineering Services. Streets will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the Director of Engineering Services. 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; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b. Installation of all street signs designating the names of the streets inside the Addition, 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 based upon the Manual of Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction by the Director of Engineering Services. 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. Residential Developer Agreement 6 10A-8 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 Engineering Services 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 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. In the event that certain sewer 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. 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 Engineering Services a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Engineering Services 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 by paid to the City prior tp acceptance of the Addition. Residential Developer Agreement 7 10A-9 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 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 the City against all such claims and demands. START OF CONSTRUCTION Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Engineering Services must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. Residential Developer Agreement 8 10A-10 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, 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 AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, SAID INDEMNIFICATION TO REMAIN IN EFFECT UNTIL THE CITY ACCEPTS THE ADDITION. 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. Residential Developer Agreement 9 10A-11 C. Approval by the Director of Engineering Services 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 Director of Engineering Services 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 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 herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. Residential Developer Agreement 10 10A-12 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 acknowledgement by the City of completion under Paragraph 11. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax Code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of the Addition, the Developer shall provide to the City three (3) copies of Record Drawings of the Addition, showing the facilities as actually constructed. Residential Developer Agreement 11 1OA-13 I. Such drawings will be stamped and signed by a registered professional civil engineer. In addition, the Developer shall provide electronic files showing the plan and profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines, and tie in to the state Plane Coordinate System. IV. OTHER ISSUES A. OFF -SITE DRAINAGE B. OFF -SITE WATER C. PARK FEES The Developer agrees to pay the Park Fee of $1,000 per lot, in accordance with the Subdivision Ordinance No. 483-F, Section 7.0. There are approximately 46 lots in the Addition, which would bring the total cost of Park Fee to $46,000. D. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: Versailles, Ltd. Title: John Dickerson, President Dickerson Development, Inc. Address: 8333 Douglas Avenue, Suite 1300 Dallas, Texas 75227 Residential Developer Agreement 12 1OA-14 I% . STATE OF COUNTY OF On , before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS In Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Residential Developer Agreement 13 10A-15 (SEAL) REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit 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 Letter of Credit must be issued by a 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 Letter of Credit must be issued by a bank that has a minimum capital ratio of six percent (6%), 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 Letter of Credit 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 Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Residential Developer Agreement 14 10A-16 City of Southlake, Texas MEMORANDUM October 25, 1999 TO: Charlie Thomas, Deputy Director of Public Works FROM: Kevin Hugman, Director of Community Services SUBJECT: Park Dedication Requirements — Versailles, Phase III At their June 8, 1998 meeting, the Parks and Recreation Board considered the park dedication requirements of credits and fees for Versailles Phase II, a 42 lot residential development. The required park land dedication for this development is 1.04 acres or $42,000.00 in fees in lieu of land dedication. The proposal approved by the Parks and Recreation Board includes the following items: ■ Credit for excess acreage donated in Phase I of the development. The Phase I development totaled 102 lots, requiring 2.04 acres of land dedication. The developer donated five (5) acres (Noble Oaks Park). ■ The Parks and Recreation board approved that the remainder of the park dedication requirements be met through payment of fees in the amount of $42,000 in lieu of land dedication. The Parks and Recreation Board considered this dedication proposal under the name of Versailles Phase II, as it was submitted by the developer at that time, but the 42 lot residential development is properly titled Phase III. 10A-17 i. j . 411 fim { = may rs �z t Si[ !;•�t't 1 I It t i a �F trr i (J O CO N:D ` 5i `I I i r � ��9 1 Ej e § iEi i� �{i� � u• �'dsc °• t;, ii;j iti� Etptt _y{� i 'llt� 1�6 0 ill t�� 1H IIIFt Is �t1 !:!1 li {.- I 1 '�{ Y-1,11f tails ;ta�i tI���1; ''��� i�i i{ }jis. flii}ti tEi �� �.� � � iii �•,� � j�{��� {_g9ppio Ei� aft!!;F ,lr1{. [ xp}F{i°J a77tt 1 � N Q j i({1 21 !l �`�ti 'yi �l# �!p . �leili I� •(t�{ i�ZA �+� i! 1t, 1! ��11f ASfli d]f != Ei s��s !ft ,�, z a • ; ilftt5!j {S {t�lr'! llt� {1Gitr pi .� rj-� f A= o j 1 !11 ..�lt_ tl—jIf M • � T 1 .1{ si ^. anAo C rs rya 1' <♦ ro" o.:arot 1�r1�r o rcc r].r 'cn: �ne inl B $ I � I _ - ►q rysa�7� ��eMN _', � cb°ppb8Rpp9C'8 S I i 333 �• j' rrrrrrrrrrr t j - �-• l s B28s 99fi8� 10A-18 J 1 I U m Z I i � I �o d U IL a s 1 w 0 r c � _ 0 Y � pia �N� z p awovia �oQe =a o 0 W o City of Southlake, Texas MEMORANDUM October 29, 1999 To: Billy Campbell, City Manager From: Charlie Thomas, City Engineer Subject: Sabre Group Campus, Lots 1-4, Block 1 Developer Agreement Action Requested: Authorize the Mayor to execute a developer agreement for Sabre Group Campus; Lots 1-4, Block 1. Background Information: The zoning for the Sabre Group Campus at Kirkwood Boulevard and SH 114 was approved during the summer. Construction plans for infrastructure improvements have been approved by Public Works. The relocation of the 12-inch water line is the only public improvement included in this developer agreement. The Public Works Department does plan to inspect the construction of Kirkwood Boulevard (private street) and that is included in the developer agreement. The developer is requesting in the developer agreement to be allowed to clear the pad sites for Phase I prior to the approval of the site plan. The developer agreement also includes the limitation of the use of North White Chapel Boulevard for construction traffic to six months with the requirement that any mud tracked onto Whites Chapel Boulevard would be cleaned up by Sabre on a daily basis. Financial Considerations: The City will reimburse the developer for the relocation of the 12-inch water line by providing credit to various fees. The Park Board accepted park land dedication and engineeYing design of trail and provision of additional width on future Kirkwood Hollow bridge to accommodate trails in lieu of park fees. Citizen Input/ Board Review: None. 10B-1 0 Legal Review: This developer agreement is our standard agreement, originally drafted by City Attorneys. Alternatives: Approve it, deny it, or modify it. Supporting Documents: Developer Agreement Plat Exhibit Park Board Memo Staff Recommendation: Place the developer agreement on the November 2, 1999 City Council agenda for Council to review and approve. Charlie J. Th mas City Engineer Approved for Submittal to City Council: ity anager's Office COMMERCIAL 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", ofrci`i�pa , hereinafter referred to as "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 Addition (a commercial development) and to the off -site improvements necessary to support the Addition. 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 a the public water 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. 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 the 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 " ° x the water facilities. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued Commercial Developer Agreement 1 10B-s prior to the final City acceptance of the Addition. 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. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to the water facilities -all -fac_ziiities-mo d ies-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, the 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 the City, through its Citv Manaaer 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 the water facilities pwW!iG-#asili# is included in this Agreement for which the 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 , facilities 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, saaaitai:V sow@ facilities ' i i 49p$s 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-, Commercial Developer Agreement 2 10B-4 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 acceptance by the City. F. Developer will require a modification to the Earth Disturbance Permit to allow for the early preparation of the site grading for tho Phased office buildings, parking garages and the private driveway, prior to the approval of the Site Plan and Development Plan. This modification would allow for the clearing and grubbing, earth grading and tree removal only in these areas in accordance with the Tree Preservation Ordinance under Section II Facilities of this agreement. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition 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 Addition 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 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. Commercial Developer Agreement 3 10B-5 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 regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES A. ON -SITE WATER The Developer hereby agrees to install water facilities within the Addition 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. re�+Fee The City will reimburse the Developer for the G@st+ cost of Qom= the 12", watef 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. ON -SITE 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 Director of Engineering Services, the City, and made part of the final plat as approved by the Planning Commercial Developer Agreement 4 1: • and Zoning Commission. The Developer hereby agrees to fully comply with all EPA and TNRCC 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. Commercial Developer Agreement 5 10B-7 C. C)"ITE STREETS The street construction in the Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Engineering Services and will be a private street. 2. 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. Commercial Developer Agreement 6 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 Engineering Services 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 sewage 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, engineering, permits and Impact Fees. In the event that certain sewer 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. E. 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 Engineering Services a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Engineering Services 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 Addition at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the Addition. Commercial Developer Agreement 7 1: • F. 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 items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. 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 the 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: Approved payment and performance bonds must be submitted to the City in the name of the City prior to commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Engineering Services must be submitted. 3. All inspection and administration fees required to be paid to the City as provided above. 4. Developer Agreement must be executed. Commercial Developer Agreement 8 10B-10 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as i ii;s,;sd, anadditi6n6l insured prior to commencement of any work. N 6. A Pre -Construction Meeting to be held with all Contractors, major Sub -Contractors, Utilities and appropriate Government Agencies. 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, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE WATER FACILITIES, AND SHALL FURTHER INAIAtNT-E-41-A"l—'ray BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. Commercial Developer Agreement 9 C. Approval by the Director of Engineering Services 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 Director of Engineering Services 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 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 the water facilities , 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 judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This Agreement or any part herein, 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 alb the water facilities included in this Agreement for which the Developer awards his or her 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. Commercial Developer Agreement 10 1OB-12 In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES A. OFF -SITE 9 °;1S,IAG-€ CONSTRUCTION TRAFFIC ACCESS TO NORTH WHITE CHAPEL BOULEVARD The developer agrees to minimize use of the access to North White Chapel Boulevard by construction traffic. The City agrees to allow use of the access to North White Chapel Boulevard for construction; traffic for the first six months after the beginning of construction or the site. This time period may be extended by the City Council, in its reasonable discretion upon a showing that an extension is necessary due to circumstances beyond the reasonable control of the developer. B. QF-F-2I-TE SE-A!E-R IMPACT FEE PAYMENT SCHEDULE The City will allow developer to pay, the required impact fees based upon the following schedule. 1. 25%Q payable pnforto issuance of Building Permit: 2. 25% payable every six months after issuance of Building Permit. 3. 100% payable prior to issuance of Certificate of Occupancy. C. OFF -SITE WATER - N/A Commercial Developer Agreement 11 1OB-13 D. PARK FEES The required park land dedication for this development is 3.1 acres or fees of $124,160 in lieu of park land dedication. The proposal approved by the Parks and Recreation Board includes the following items: Dedication to the City as public land of natural and unmaintained open space totaling 3.61 acres, a majority of which lies within the one -hundred year floodplain. The Parks and Recreation Board agreed to accept the land using the twenty percent (20%) multiplier for floodplain, yielding a monetary value of $43,320. The developer has agreed to a park land dedication as provided in Ordinance No. 480-313 (which dedication was approved by the Park Board). The developer has also proposed the following: 1. Paying for engineering and design costs of the trail within the dedicated area, at an estimated cost of $15,000. 2. Building the future Kirkwood Hollow bridge with additional width to accommodate a trail connecting both sides of the bridge. Estimated cost of this portion is $80,000. The Parks and Recreation Board voted 6-0 to accept the proposed park land dedication, additional bridge width, and engineering services to meet Sabre's park land dedication requirements as indicated in the attached memo from Kevin Hugman. E. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the des Sabre NR-PUD Ordinance No. 480-313. TREE PRESERVATION A. Structured Parking. In order to mitigate the impact of large areas of surface parking (and the substantial tree removal that would necessarily result), the Property will be developed with at least two multi -level parking structures to accommodate at least 80% of the required parking. The Commercial Developer Agreement 12 1OB-14 most likely location for the parking structures (and the location with the least impact on existing tree cover) is the area identified- on the Concept Plan. As provided by the City's existing Tree Preservation Ordinance, the "footprint" of such parking structures (plus an area within six feet of the foundations) will be exempt from tree protection and tree replacement requirements. Because the use of parking structures will avoid paving large areas for surface parking, and because there is little design flexibility in the location of such parking structures, efforts to select garage "footprints" that minimize tree removal will not be required. All parking structures must be screened from Kirkwood Boulevard by planting at least four canopy trees per 100 linear feet of structure fagade that faces Kirkwood Boulevard. B. Other Improvements. As provided by the City's existing Tree Preservation Ordinance, the Buildable Areas for improvements other than structured parking shall also be exempt from tree protection and tree replacement requirements. Notwithstanding such exemption, however, the Property owner shall use commercially reasonable efforts to identify Buildable Areas in an attempt to minimize the removal of quality trees with a diameter of six inches or greater measured 4 '/2 feet above the ground. Such efforts shall not, however, require significant relocations of individual Buildable Areas or require Buildable Areas to be located so as to significantly alter or adversely affect the relationship of buildings, streets, and other improvements or otherwise significantly alter or adversely affect the overall master planning for development of the Property. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address: Commercial Developer Agreement 13 1OB-15 STATE OF COUNTY OF On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Commercial Developer Agreement 14 10B-16 (SEAL) REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit 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 Letter of Credit must be issued by a 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 Letter of Credit 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 Letters of Credit 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 Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Commercial Developer Agreement 15 10B-17 Eq dr- i 0 8 cr O'f OR Is mO ]."a0U� Q i 02 Q a S�91@ ;dkg tit, 10-28-1999 0.23AM FROM SOUTHLAKE PARKS REC 817 421 217S City of Southlake, Texas P. 2 MEMORANDUM June 23, 1999 TO: Charlie Thomas, Deputy Director of Engineering Services FROM. Kevin Hugman, Director of Community Services SUBJECT: Park Dedication Requirements — Sabre At a special meeting on June 14, 1999, the Parks and Recreation Board considered the park dedication requirements for Sabre, a non-residential development. The required park land dedication for this developmen': is 3.1 acres or fees of $124,160 in Iieu of park land dedication. The proposal approved by the Parks and Recreation Board includes the following items: Dedication to the City as public land of natural and unmaintained open space totaling 3,61 acres, a majority of which lies within the one -hundred year floodplain. The Parks and Recreation Board agreed to accept the land using the twenty percent (20%) multiplier for floodplain, yielding a monetary value of $43,320. The developer also proposed the following: 1. Paying for engineering and design costs of the trail, at an estimated cost of $15,000. 2. Building the fature Kirkwood Hollow bridge with additional width to accommodate a 1 rail connecting both sides of the bridge. Estimated cost of this portion is $80,000. The Parks and Recreation Board voted 6-0 to accept the proposed park land dedication, additional bridge width, and engineering services to meet Sabre's park land dedication requirements. Please contact me if you have any further questions. KIVj e 1OB-19 City of Southlake, Texas MEMORANDUM October 29, 1999 To: Billy Campbell, City Manager From: Charlie Thomas, City Engineer, extension 814 Subject: Kirkwood Hollow Addition, Phase II — Developer Agreement Action Requested: Authorize the Mayor to execute a residential developer agreement for Kirkwood Hollow Addition, Phasc IL Background Information: The preliminary plat for Kirkwood Hollow Addition, Phase II was approved on August 17, 1999. Kirkwood Hollow Addition, Phase II is a residential subdivision located north of Dove Street and west of North Whites Chapel Boulevard. There are several changes as red lined and struck out within this agreement. The uniqieness of this agreement centers around the "previous water improvement cost" for infrastructure built as part of the January 29, 1988 Developer Agreement with Maguire Thomas Partners / IBM. Those water improvements were the Dove / North Whites Chapel Boulevard elevated water tower and an 18-inch water main in West 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 improvements costs. Because these credits are based upon construction contracts and percentages thereof, the credit is estimated on Exhibit "D". The particular items to be addressed in the developer's agreement for Kirkwood Hollow Addition, Phase II are: • I B — page 1: The developer requests the release of eight loss for building permits after installation of water and sewer in lieu of the normal ten percent (three in this addition). 10C-1 • I G - pages 2 and 3: The City will credit the inspection fees of three percent (3 %) and the administration processing fee of two percent (2%) of construction costs against previous water improvement costs. • IID2-Page5: Developer is requesting that the installation and operation costs of street lights be credited towards the previous water improvement costs. • IIGand IIH- page 7: Developer will maintain the amenities until such responsibility is turned over to a homeowners association or "other maintenance entity". • IV A Offset of Fees - page 11: This paragraph explains the offset of fees against previous developer expenditures for City water improvements. It states that the total due to the 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. • IV B Parkland Dedication - page 12: Developer has dedicated 4.88 acres of land for parks and the Park Board has recommended a 100 % credit toward the Addition's park fees. • IV C Roadway Impact Fees - page 12: Developer is requesting that the required roadway impact fees be credited against the previous water improvements costs. • IV D Sewer and Water Impact Fees - page 13: Developer is requesting that these required fees be credited against the previous water improvements costs. • IV E Other Fees - page 13: Developer is requesting that zoning change feed, development plan and preliminary plat application fees and the final plat filing fee be credited against the previous water improvement costs. This amount is $3,346.00. 10C-2 Financial Considerations: Because these credits are based upon construction contracts and percentages thereof, the credit is estimated on the attached Exhibit "D" . A summary of the financial aspects of this developer agreement is: • Net due from City to MTP/IBM is $839,151.90 (see Exhibit "D„) • Credit offset by Kirkwood Hollow Addition, Phase I Developer Agreement is $277,962.00 (see Exhibit "D") • Estimate of credits for Kirkwood Hollow Addition, Phase II is $152,974.00 • Total remaining due from City is $348,377.90 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 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. Because the trails portion of the Traffic Management Bond Program will be under construction in the near future, the contractor will pay to the City the estimated cost of $28,600 for the required 8-foot wide trail along North Whites Chapel Boulevard and its construction will be done in the City contract. Citizen Input/ Board Review: None. Legal Review: This developer agreement is our standard agreement, originally drafted by City Attorneys. Alternatives: Approve it, deny it, or modify it. Supporting Documents: Developer Agreement Park Recommendation Plat Exhibit 10C-3 Staff (4� Recommendation: Please place on the City Council Agenda for November 2, 1999 for Council consideration and approval. AA6—a Charlie J. Thomas City Engineer Approved for Submittal to City Council: *ityanager's Office 31 10C-4 I -"- KIRKWOOD 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 Kirkwood Hollow Addition, Phase`.l,C, 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 34'lots total, 33 residential lots contained within the Addition and to the off - site improvements necessary to support the Addition. 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 Addition completed as rapidly as possible, the City agrees to release I804- Q_f t o lots, eight of the lots, after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-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. Residential Developer Agreement 1 10C-5 C. The Developer, or at;pevefoper's optpn;the primp cortratc#or`" contractors, 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. 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 the 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, letters 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 Addition. 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 approved the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. Residential Developer .Agreement 2 10C-6 E. Until the performance and payment bonds, Letters of Credit or cash escrow required in Paragraph C have 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 the 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, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that the City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement 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 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 re -testing as a result of failed tests; Residential Developer Agreement 3 1 QC-7 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 acceptance 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 Addition 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. 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 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 regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. Residential Developer Agreement 4 10C-8 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 Director of Engineering Services, and made part of the final plat as approved by the Planning and Zoning Commission. 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. Residential Developer Agreement 5 10C-9 D. STREETS 1. The street construction in the Addition shall conform to the requirements in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Engineering Services. Streets will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the Director of Engineering Services. 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; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b. Installation of all street signs designating the names of the streets inside the Addition, 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 based upon the Manual of Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction by the Director of Engineering Services. 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. Residential Developer Agreement 6 10C-10 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 Engineering Services 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 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. In the event that certain sewer 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. �... 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 Engineering Services a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Engineering Services 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 by paid to the City prior to acceptance of the Addition. Residential Developer Agreement 7 1 oC-11 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, iighting, 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 the City against all such claims and demands. START OF CONSTRUCTION Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 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 to be stamped "Released for Construction" by the Director of Engineering Services must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. Residential Developer Agreement 8 10C-12 OWM 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 $4,QQQ $10,000 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, 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 AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, SAID INDEMNIFICATION TO REMAIN IN EFFECT UNTIL THE CITY ACCEPTS THE ADDITION. 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. Residential Developer Agreement 9 1 OC-13 C. Approval by the Director of Engineering Services 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 Director of Engineering Services 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 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 herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. Residential Developer Agreement 10 1OC-14 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 acknowledgement by the City of completion under Paragraph 1.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax Code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of the Addition, the Developer shall provide to the City three (3) copies of Record Drawings of the Addition, showing the facilities as actually constructed. Residential Developer Agreement 11 10C-15 I. Such drawings will be stamped and signed by a registered professional civil engineer. In addition, the Developer shall provide electronic files showing the plan and profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines, and tie in to the state Plane Coordinate System. IV. OTHER ISSUES A. OFFSET OF FEES AGAINST PREVIOUS DEVELOPER EXPENDITURE: Pursuant to the Developers Agreement dated January 29, 1988, attached herein as Exhibit "D-1 ", involving the City, the Developer, and/or partners of Developer, the Developer has previously installed City bvat01r '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 such, discount to be supplied 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 b allowed, at his/her option, rather than paying cash for any or all of the fees listed under Articles I.G.1.a., I.G.1.b., II.D.2, IV.B.4.,IV.C., IV.D., ME 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 th Development of the Addition. 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 33 lots for a total required park fee of $16,500. Residential Developer Agreement 12 1OC-16 However, in consideration of the 4.8 acre tract of land to be dedicated to the City for its use as park land, the Developer ha . requested a 100% credit toward the required park fees. The P Board considered the Developer's request for credit at theA 10, 1999 meeting and recommended to the City Council t credit be given. The Council, hereby grants a 100% credit fo land dedication, resulting in a total waiver of the park fee oth payable for this Addition. With respect to the park land to be dedicated to the City Developer: 1. Developer has the right to cross any dedicatee paqq with utilities and easements. �. 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 Nor h White Chapel Boulevard across dedicated park lands. 4. Developer and City agree that, following the specifications by the Developer of the sidewalk (Park Trail) to be installed on the dedicated Park Land located along North White Chapel Boulevard, the City and Developer have agreed upon the estimated cost for such sidewalk and the City agrees that, inlieu of the construction of such sidewalk, the estimated cost may be paid to the City by Developer prior to beginning construction on the Addition. Residential Developer Agreement 13 10C-17 C. ROADWAY IMPACT`FEES Developer agrees that payment of a street access fee of $1,200 per lot for each of the thirty-three (33) lots in the Addition, which amount totals $39,600 is due payable to the City. The City agrees that, in lieu of payment of such street access fee, the cost may be taken as 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. 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 $2,350 per developed lot), in which event, in lieu of payment of such sewer and water impact fees by Developer of 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 (1) 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 All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. Residential Developer Agreement 14 10C-18 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER. - By: Title: Address: STATE OF COUNTY OF On , before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: Residential Developer Agreement 15 10C-19 (SEAL) CITY OF SOUTHLAKE, TEXAS Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Residential Developer Agreement 16 10C-20 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit 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 Letter of Credit must be issued by a 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 Letter of Credit must be issued by a bank that has a minimum capital ratio of six percent (6%), 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 Letter of Credit 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 Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Residential Developer Agreement 17 10C-21 e%:L.. L el LLI.I.. T�..�� VILr VI VV4LI1 4;1M%,, 1 G/LQJ MEMORANDUM May 19, 1999 TO: Charlie Thomas, Deputy Director of Engineering Services FROM: Kevin Hugman, Director of Community Services SUBJECT: Park Dedication Requirements — Kirkwood Hollow, Phase II At its May 10, 1999 meeting, the Parks and Recreation Board considered the park dedication requirements for Kirkwood Hollow Phase II, a residential development. The proposal approved by the Parks and Recreation Board includes the following items: • Dedication to the City as public land of natural and unmaintained open space totaling 4.88 acres contiguous to land dedicated in Kirkwood Hollow Phase I. 1. Natural floodplain occupies 1.8 acres of the total acreage proposed. 2. The westerly boundary is occupied by an existing Texas Power and Light easement. The plat exhibit shown to the Parks and Recreation Board included thirty-three (33) lots. The Parks and Recreation Board voted 6-2 to accept the proposal, and allowed credits totaling $206,400.00 towards the required fees of $49,500.00. The Parks and Recreation Board approved the application of the credit balance of $156,900.00 towards the upcoming Kirkwood Hollow Phase III provided that the current Phase III platting is not altered. Please contact me if you have any further questions. KH/j e N 1 OC-22 Pl 1 OC-23 I� < i vl Lih City of Southlake, Texas To: From: Subject: MEMORANDUM October 29, 1999 Billy Campbell, City Manager Charlie Thomas, City Engineer L.B.G. Hall No. 686 Addition, Lot 2111— Crossroads Square Shopping Center Action Requested: Authorize the Mayor to execute a commercial developer agreement for L.B.G. Hall No. 686 Addition — Crossroads Square Shopping Center. Background Information: The final plat for L.B.G. Hall No. 686 Addition was approved on February 2, 1999. The rezoning and site plan for Crossroads Square Chopping Center ("Tom Thumb) was approved on February 2, 1998. The site plan calls for the existing Food Lion building to be removed and a new Tom Thumb Center to be constructed in its place. This developer agreement covers the relocation of public water and sewer lines. In the City Council approval of the site plan for Crossroads Square Shopping Center, the widening of a portion of North Whites Chapel Boulevard adjacent to the shopping center was required. Since the construction of the ultimate roadway section of North Whites Chapel Boulevard is anticipated to be constructed during the same time that the shopping center improvements are being done, it seems appropriate to delete that widening but require the developer to pay to the City a portion of the estimated cost of that widening. Also, the replacement of the existing 12-inch water line in North Whites Chapel Boulevard will be done with the intersection improvements in lieu of the shopping center construction. 10D-1 The developer's commitment to comply with the requirements of Crossroads Ltd. in exchange contract with the City of Southlake which requires Crossroads to mitigate trees that they remove, remove and replace the sand volleyball court, remove and relocate a portion of a trail and protect trees in the "no development area" of the site. Financial Considerations: None. Citizen Input/ Board Review: None. Legal Review: This developer agreement is our standard agreement, originally drafted by City Attorneys. Alternatives: Approve it, deny it, or modify it. Supporting Documents: Developer Agreement Plat Exhibit Staff Lw, Recommendation: Please place on the City Council agenda for November 2, 1999 for Council consideration and approval. Charlie J. Thomas City Engineer Approved for Submittal to City Council: +CiManager's Office 10D-2 �L Q COMMERCIAL 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 L.B.G. HALL NO. 686 ADDITION, LOT 2Rf, hereinafter referred to as "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 Addition (a commercial development) and to the off -site improvements necessary to support the Addition. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a. civil engineer licensed to nrar tip,- in thn r 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 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 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. 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 the 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 Commercial Developer Agreement 1 10D-3 acceptance of the Addition. 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. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove which are intended to be public facilities 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, the 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 the 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 the 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; Commercial Developer Agreement 2 1013-4 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 acceptance by the City, however, of `'no time shall service-` not be provided to existing business remaining in operation during construction of the improvements" 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 Addition 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 Addition 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 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 regardless of such company's authorization to do business in Commercial Developer Agreement 3 10D-5 Texas. Approval by the City shall not be unreasonably withheld or delayed. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City. 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. H. 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 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 Director of Engineering Services, the City, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA and TNRCC 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. Commercial Developer Agreement 4 10D-6 C. STREETS The street construction in the Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Engineering Services. 1. The Developer will be responsible for: a) Installation and two year operation of street lights, which is payable to the City prior to final acceptance of the Addition; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b) Installation of all street signs designating the names of the streets inside the Addition, 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 based upon the Manual on Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction of 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. 2. 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. Commercial Developer Agreement 5 10D-7 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 Engineering Services 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 sewage 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, engineering, permits and Impact Fees. In the event that certain sewer 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. E. 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 Engineering Services a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Engineering Services 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 Addition at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the Addition. Commercial Developer Agreement 6 F. 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 items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. 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 the 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 letter of credit must be submitted to the City in the name of the City prior to commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Engineering Services must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. Commercial Developer Agreement 7 10D-9 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 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 KIND 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 AND 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. Commercial Developer Agreement 8 1OD-10 C. Approval by the Director of Engineering Services 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 Director of Engineering Services 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 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 judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This Agreement or any part herein, 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 or her 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 letter o credit 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. Commercial Developer Agreement 9 1 OD-11 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. CROSSROADS' COVENANTS In accordance with the Exchange Contract between the City of Southlake and Crossroads Square, Ltd. dated November 6, 1996 of which Section 14 Crossroads' Covenants is attached to this agreement, the developer will accomplish the following prior to the issuance of a Certificate of OccuppR .1 1. Remove and replant existing trees, from the land that was exchanged, in the locations within Bicentennial Park. 2. Plant new trees if those cannot be replanted. 3. Remove and relocate jogging path from land that was exchanged to a location within Bicentennial Park. 4. Remove the sand volleyball court from the iand ihai: was exchanged_ and reconstruct in Bicentennial Park. 5. Relocate any sgnage from the land 'to be exchanged to Bicentennial Park. 6. Protect the trees in the area identified as "No Development" in the northeast corner of site. Commercial Developer Agreement 10 10D-12 B. The widening of Whites Chapel Boulevard as approved with site plan should not be done by developer as Whites Chapel Boulevard will be under construction. In lieu of that the developer will pay to the City one-half of the cost of constructing the proposed widening shown on site plan. C. PARK FEES IN' MW 072"WITI 12127-1.10re INT-1 301,21M • . try .. .. . ■ Park Fees are not required as this is previously developed property that is being reconstructed: D. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address: Commercial Developer Agreement I 1 OD-13 STATE OF COUNTY OF On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS AS Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Commercial Developer Agreement 12 10D-14 (SEAL) REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit 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 Letter of Credit must be issued by a 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 Letter of Credit 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 Letters of Credit 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 Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Commercial Developer Agreement 13 10D-15 31 C. V!i L ya; i�•'SS L! � �^ �o I• i 0. q N . i� w i u;wiw a r ro ... .. .... .......... ..............._.._. _.. ____......__._..\.......................... ._........._....___._. __._ _- _ •fir i� 6 � I�_W� ;�m ,'ll\ OtlYA41110� T3iYND iU1M 11 -1 B_ 9 - r f 3 1 .Y n S 7 ) Y // - At " !Y At _ V r.s..a i..... . —.. ._ _ 1. _. .r ! .Y ,Y ! N .! 1 1 1 / ! '4f& lidYlO 7 Lr .x,R S 31 i lie i �, `•. - ;,---•----- .. ......_--........----...... .�_..c..._-.. v I — wcl _ . — — -- _ _" , PS 'w. t ----------------- 1l PaaJfi ! c l 1 OD-16 City of Southlake, Texas MEMORANDUM October 29, 1999 TO: Billy Campbell, City Manager FROM: Garland Wilson, Director of Public Safety (Ext. 730) SUBJECT: Authorize the Mayor to enter into a seven (7) year lease/purchase agreement between Motorola, Inc. and the City of Southlake for 800 MHz radios and consoles for police services. Action Requested: City Council approval of a lease for mobile, portable 800 MHz radios and consoles for Police Services from Motorola Inc. Background Information: In 1993 the City of Southlake entered into a contract with the City of Ft. Worth to provide radio coverage for the City of Southlake. Since that point in time, all other divisions of the City with the exception of Police Services has joined the Fort Worth system. No additional radios can be added to the Fort Worth system without a charge of $1,000 per radio. Police Service members currently utilize a single channel 450 MHz radio system. The two consoles utilized by Communications personnel are obsolete and our maintenance agreement will only warranty parts that are still available for replacement. Several functions of the current consoles are inoperative due to failed parts. Inter communication between divisions like police and fire is limited. To work effectively between police and fire divisions today, members must have one police radio and one fire radio each. The City executed an interlocal agreement with Denton County in 1997 for trunked radio service at no cost. Denton has planned to complete construction of a tower in Grapevine in December 1999 that will service the Southlake area with more than adequate coverage. This lease agreement will equip all police vehicles with mobile 800 MHz trunked radios and also provide each member of Police Services with a 800 MHz portable radio. The lease also includes equipment for three new consoles to be placed in the Communications area to replace the two current obsolete consoles. Financial Considerations: The proposed seven (7) year lease consists of annual payments of $127,811.27 in arrears beginning November 1, 2006. At the end of the seven (7) year term on November 1, 2006, the City will own the radios and consoles. Allocation of funds each year is necessary to continue the lease for the next seven years. The lease will cost $894,678.89 over the seven-year lease period. The radios and consoles may be purchased outright for 10E-1 Billy Campbell October 29, 1999 Page 2 $714,761.00. Purchasing the equipment will save the interest cost, but a capital expenditure of this amount would likely require the sale of bonds with an interest rate of around 5%. This lease/purchase agreement has an annual effective rate of 5.95 % compounded annually. The equipment is covered by a 120 day parts and labor/one(1) year parts warranty. DPS would budget for standard maintenance in the FY 00/01 operating budget. Citizen Input/ Board Review: The Southlake Crime Control and Prevention District (CCPD) received a briefing during the August 4, 1999 meeting regarding the proposed lease/purchase of the radios and consoles. No action was taken because the items were proposed to be placed in the CCPD CIP for FY 99/00. Legal Review: City Attorney Debra Drayovitch has reviewed and made several revisions and changes to the lease agreement prior to approving the lease agreement wording. Alternatives: Continue utilizing the current 450 MHz radios and maintain present consoles until they are no longer repairable. This option also prohibits Police and Fire Services from operating on a single radio and channel. Supporting Documents: Lease Agreement between Motorola, Inc. and the City of Southlake. Staff Recommendation: Place the lease agreement for Motorola mobile and portable radios and consoles on the November 2, 1999 City Council consent agenda for approval. GW/bls Approved for Submittal to City Council: Ad, ity anager's Office 10E-2 OCT-22-1999 11:31 LAW FIRM 817 332 4740 P.02i02 ADAENDUM TO EQUIPMENT LEASE -PURCHASE AGREEMENT NO.21106 This Addendum is made part of that certain Equipment Lease -Purchase Agreement dated as of 1999 (the "Agreement") by and between the City of Southlake (the "Lessee"), Lessee, and Motorola, Inc., as Lessor. The following changes are incorporated into this Equipment Lease -Purchase Agreement and the corresponding lease documents: The last two sentences of Paragraph 2 of the Lease -Purchase Agreement are deleted and replaced with the following: "Lessee reasonably believes that funds can be obtained sufficient to mane al Lease - Payments during the Lease Term. Lessee intends to make Lease Payments for the full Lease Term if funds are appropriated therefor and Lessee represents that the Equipment will be used for one or more authorized governmental or proprietary functions essential to its proper efficient and economic operation." 2. The last two sentences of Paragraph 5 are deleted. The language contained in the last sentence of Paragraph 11 is replaced with the following: "If Lessor pays any such charges or taxes, Lessee shall reimburse Lessor therefor after 10 days no less than 30 days of written demand." 4. The following sentence is added to Paragraph 21: "Any legal action relating to this Agreement shall be in Tarrant or Dallas County." Subsection (i) of Paragraph 2 of Section 6 is hereby deleted and the remaining subsections are renumbered accordingly. In all other respects, the Agreement remains the same. LESSEE: City of Southlake LESSOR: Motorola, Inc. 0 Title: Mayor Title: H:\IBRARY\.Southlake\AgreementsVNotorola.addcndum.wpd IOE-3 TOTRL P.02 OMOTOROLA September 28, 1999 Mr. Gary Gregg CITY OF SOUTHLAKE 667 North Carroll Ave. Southlake TX 76092 Dear Mr. Gregg: RE: Municipal Lease # 21106 Enclosed for your review, please find the Municipal Lease documentation in connection with the radio equipment to be leased from Motorola. Please have the documents executed where indicated and forward the documents to the following address: Motorola Customer Finance Attn: Paul Mecaskey / Mail Drop 5JJ 1301 East Algonquin Road Schaumburg, IL 60196 Should you have any questions, please contact me at 847-538-3707. Thank You, MOTOROLA CUSTOMER FINANCE Paul Mecaskey 10E-4 LESSEE FACT SHEET Please help Motorola provide excellent billing service by providing the following information: I. Complete Billing Address 2. 3. 4. Attention: Phone: Lessee County Location: Federal Tax I.D. Number Purchase Order Number to be referenced on invoice (if necessary): Appropriate Contact for Documentation / System Acceptance Follow-up: 4. Appropriate Contact & Mailing Address Thank you M Phone: Fax: 1oE-5 EQUIPMENT LEASE -PURCHASE AGREEMENT Lease Number: 21106 LESSEE: LESSOR: CITY OF SOUTHLAKE Motorola, Inc. 667 North Carroll Ave. 1301 East Algonquin Rd Southlake Texas 76092 Schaumburg, IL 60196 Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the Equipment described in any Schedule A now or hereafter attached hereto ("Equipment") in accordance with the following terms and conditions of this Equipment Lease -Purchase Agreement ("Lease"). 1. TERM. This Lease will become effective upon the execution hereof by Lessor. The Term of this Lease will commence on date specified in Schedule A and unless terminated according to terms hereof or the purchase option, provided in Section 18, is exercised this Lease will continue until the Expiration Date set forth in Schedule B attached hereto ("Lease Term"). 2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments (herein so called), including the interest portion, in the amounts specified in Schedule B. The Lease Payments will be payable without notice or demand at the office of the Lessor (or such other place as Lessor or its assignee may from time to time designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule B and thereafter on each of the Lease Payment Dates set forth in Schedule B. Any payments received later than ten (10) days from the due date will bear interest at the highest lawful rate from the due date. Except as specifically provided in Section 5 hereof, the Lease Payments will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, or recoupment for any reason whatsoever. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term and hereby covenants that it will do all things lawfully within its power to obtain, maintain and properly request and pursue funds from which the Lease Payments may be made, including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget approved and exhausting all available administrative reviews and appeals in the event such portion of the budget is not approved. It is Lessee's intent to make Lease Payments for the full Lease Term if funds are legally available therefor and in that regard Lessee represents that the Equipment will be used for one or more authorized governmental or proprietary functions essential to its proper, efficient and economic operation. 3. DELIVERY AND ACCEPTANCE. Lessor will cause the Equipment to be delivered to Lessee at the location specified in Schedule A ("Equipment Location"). Lessee will accept the Equipment as soon as it has been delivered and is operational. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate in the form provided by Lessor. Even if Lessee has not executed and delivered to Lessor a Delivery and Acceptance Certificate, if Lessor believes the Equipment has been delivered and is operational, Lessor may require Lessee to notify Lessor in writing (within five (5) days of Lessee's receipt of Lessor's request) whether or not Lessee deems the Equipment (i) to have been delivered and (ii) to be operational, and hence be accepted by Lessee. If Lessee fails to so respond in such five (5) day period, Lessee will be deemed to have accepted the Equipment and be deemed to have acknowledged that the Equipment was delivered and is operational as if Lessee had in fact executed and delivered to Lessor a Delivery and Acceptance Certificate. IOL-6 4. REPRESENTATIONS AND WARRANTIES. Lessor acknowledges that the Equipment leased hereunder is being manufactured and installed by Lessor pursuant to the Communication System Lease - Purchase Agreement (the "Contract") covering the Equipment. Lessee acknowledges that on or prior to the date of acceptance of the Equipment, Lessor intends to sell and assign Lessor's right, title and interest in and to this Agreement and the Equipment to an assignee ("Assignee"). LESSEE FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THE CONTRACT, LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE OR KIND WHATSOEVER, AND AS BETWEEN LESSEE AND THE ASSIGNEE, THE PROPERTY SHALL BE ACCEPTED BY LESSEE "AS IS" AND "WITH ALL FAULTS". LESSEE AGREES TO SETTLE ALL CLAIMS DIRECTLY WITH LESSOR AND WILL NOT ASSERT OR SEEK TO ENFORCE ANY SUCH CLAIMS AGAINST THE ASSIGNEE. NEITHER LESSOR NOR THE ASSIGNEE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS A RESULT OF THE LEASE OF THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, PROPERTY DAMAGE OR LOST PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY. Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of value of the Equipment for any cause or situation (including, without limitation, governmental actions or regulations or actions of other third parties). 5. NON -APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the contrary, in the event the funds appropriated by Lessee's governing body or otherwise available by any means whatsoever in any fiscal period of Lessee for Lease Payments or other amounts due under this Lease are insufficient therefor, this Lease shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Lease Payments or other amounts herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. The Lessee will immediately notify the Lessor or its Assignee of such occurrence. In the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment to Lessor or its Assignee on the date of such termination, packed for shipment in accordance with manufacturer specifications and freight prepaid and insured to any location in the continental United States designated by Lessor. Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. Notwithstanding the foregoing, Lessee agrees (i) that it will not cancel this Lease under the provisions of this Section if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment performing functions similar to the Equipment for the fiscal period in which such termination occurs or the next succeeding fiscal period thereafter, and (ii) that it will not during the Lease Term give priority in the application of funds to any other functionally similar equipment or services. This Section will not be construed so as to permit Lessee to terminate this Lease in order to acquire any other equipment or to allocate funds directly or indirectly to perform essentially the same application for which the Equipment is intended. 6. LESSEE CERTIFICATION. Lessee represents, covenants and warrants that: (i) Lessee is a state or a duly constituted political subdivision or agency of the state of the Equipment Location; (ii) the interest portion of the Lease Payments shall be excludable from Lessor's gross income pursuant to Section 103 of the Internal Revenue Code of 1986, as it may be amended from time to time ( the "Code"); (iii) the execution, delivery and performance by the Lessee of this Lease have been duly authorized by all necessary action on the part of the Lessee; (iv) this Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; (v) Lessee will comply with the information reporting requirements of Section 149(e) of the Code, and such compliance shall include but not be limited to the execution of information statements requested by Lessor; (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond within the meaning of Section 148(a) of the Code; (vii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141(a) of the Code; (viii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the interest portion of the Lease Payments to be or become includible in gross income for Federal income taxation purposes under the Code; and (ix) Lessee will be the only entity to own, use and operate the Equipment during the Lease Term. Lessee represents, covenants and warrants that (i) it will do or cause to be done all things necessary to preserve and keep the Lease in full force and effect, (ii) it has complied with all public bidding and Bond Commission requirements (as defined in the Code) where necessary and by due notification presented this Lease for approval and adoption as a valid obligation on its part, and (iii) it has 10E-7 sufficient appropriations or other funds available to pay all amounts due hereunder for the current fiscal period. 7. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in Lessee; provided, however, that (i) in the event of termination of this Lease by Lessee pursuant to Section 5 hereof; (ii) upon the occurrence of an Event of Default hereunder, and as long as such Event of Default is continuing; or (iii) in the event that the purchase option has not been exercised prior to the Expiration Date, title will immediately vest in Lessor or its Assignee. In order to secure all of its obligations hereunder, Lessee hereby (i) grants to Lessor a first and prior security interest in any and all right, title and interest of Lessee in the Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom; (ii) agrees that this Lease may be filed as a financing statement evidencing such security interest; and (iii) agrees to execute and deliver all financing statements, certificates of title and other instruments necessary or appropriate to evidence such security interest. 8. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the Equipment and shall comply with all laws, ordinances, insurance policies and regulations relating to, and will pay all costs, claims, damages, fees and charges arising out of the possession, use or maintenance of the Equipment. Lessee, at its expense will keep the Equipment in good repair and furnish all parts, mechanisms and devices required therefor. 9. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the Equipment without Lessor's prior written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment. 10. LOCATION; INSPECTION. The Equipment will not be removed from, [or if the Equipment consists of rolling stock, its permanent base will not be changed from] the Equipment Location without Lessor's prior written consent which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation. 11. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those created under this Lease. Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or measured by Lessor's income. If Lessee fails to pay said charges and taxes when due, Lessor shall have the right, but shall not be obligated, to pay said charges and taxes. If Lessor pays any charges or taxes, Lessee shall reimburse Lessor therefor within ten days of written demand. 12. RISK OF LOSS: DAMAGE; DESTRUCTION. Lessee assumes all risk of loss or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will immediately place the same in good repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee at the option of Lessor will: either (a) replace the same with like equipment in good repair; or (b) on the next Lease Payment date, pay Lessor the sum of : (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease payment due on such date; and (ii) an amount equal to all remaining Lease Payments to be paid during the Lease Term as set forth in Schedule B. In the event that Lessee is obligated to make such payment with respect to less than all of the Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Balance Payment (as set forth in Schedule B) to be made by Lessee with respect to that part of the Equipment which has suffered the Event of Loss. 10h_8 13. INSURANCE. Lessee will, at its expense, maintain at all times during the Lease Term, fire and extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers as shall be satisfactory to Lessor, or, with Lessor's prior written consent, Lessee may self -insure against any or all such risks. All insurance covering loss of or damage to the Equipment shall be carried in an amount no less than the amount of the then applicable Balance Payment with respect to such Equipment. The initial amount of insurance required is set forth in Schedule B. Each insurance policy will name Lessee as an insured and Lessor or it's Assigns as an additional insured, and will contain a clause requiring the insurer to give Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any such policies will be payable to Lessee and Lessor or it's Assigns as their interests may appear. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance. In the event that Lessee has been permitted to self -insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto. 14. INDEMNIFICATION. Lessee shall, to the extent permitted by law, indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys' fees and court costs, arising in connection with the Equipment, including, but not limited to, its selection, purchase, delivery, possession, use, operation, rejection, or return and the recovery of claims under insurance policies thereon. 15. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment or; (ii) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and to this Lease, the Equipment and any documents executed with respect to this Lease and/or grant or assign a security interest in this Lease and the Equipment, in whole or in part. Any such assignees shall have all of the rights of Lessor under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. Lessee covenants and agrees not to assert against the Assignee any claims or defenses by way of abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. No assignment or reassignment of any Lessor's right, title or interest in this Lease or the Equipment shall be effective unless and until Lessee shall have received a notice of assignment, disclosing the name and address of each such assignee; provided, however, that if such assignment is made to a bank or trust company as paying or escrow agent for holders of certificates of participation in the Lease, it shall thereafter be sufficient that a copy of the agency agreement shall have been deposited with Lessee until Lessee shall have been advised that such agency agreement is no longer in effect. During the Lease Term Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with Section 149(a) of the Code, and the regulations, proposed or existing, from time to time promulgated thereunder. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested. After notice of such assignment, Lessee shall name the Assignee as additional insured and loss payee in any insurance policies obtained or in force. Any Assignee of Lessor may reassign this Lease and its interest in the Equipment and the Lease Payments to any other person who, thereupon, shall be deemed to be Lessor's Assignee hereunder. 10E-9 16. EVENT OF DEFAULT. The term "Event of Default", as used herein, means the occurrence of any one or more of the following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of the Lease, and any such failure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or observe any other covenant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor; (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Lease or in writing ever delivered by Lessee pursuant hereto or in connection herewith is false, misleading or erroneous in any material respect; (iv) proceedings under any bankruptcy, insolvency, reorganization or similar legislation shall be instituted against or by Lessee, or a receiver or similar officer shall be appointed for Lessee or any of its property, and such proceedings or appointments shall not be vacated, or fully stayed, within twenty (20) days after the institution or occurrence thereof; or (v) an attachment, levy or execution is threatened or levied upon or against the Equipment. 17. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default is continuing, Lessor may, at its option, exercise any one or more of the following remedies: (i) by written notice to Lessee, declare all amounts then due under the Lease, and all remaining Lease Payments due during the Fiscal Year in effect when the default occurs to be immediately due and payable, whereupon the same shall become immediately due and payable; (ii) by written notice to Lessee, request Lessee to (and Lessee agrees that it will), at Lessee's expense, promptly return the Equipment to Lessor in the manner set forth in Section 5 hereof, or Lessor, at its option, may enter upon the premises where the Equipment is located and take immediate possession of and remove the same; (iii) sell or lease the Equipment or sublease it for the account of Lessee, holding Lessee liable for all Lease Payments and other amounts due prior to the effective date of such selling, leasing or subleasing and for the difference between the purchase price, rental and other amounts paid by the purchaser, Lessee or sublessee pursuant to such sale, lease or sublease and the amounts payable by Lessee hereunder; and (iv) exercise any other right, remedy or privilege which may be available to it under applicable laws of the state of the Equipment Location or any other applicable law or proceed by appropriate court action to enforce the terms of the Lease or to recover damages for the breach of this Lease or to rescind this Lease as to any or all of the Equipment. In addition, Lessee will remain liable for all covenants and indemnities under this Lease and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor. 18. PURCHASE OPTION. Upon thirty (30) days prior written notice from Lessee to Lessor, and provided that no Event of Default has occurred and is continuing, or no event, which with notice or lapse of time, or both could become an Event of Default. then exists, Lessee will have the right to purchase the Equipment on the Lease Payment dates set forth in Schedule B by paying to Lessor, on such date, the Lease Payment then due together with the Balance Payment amount set forth opposite such date. Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee as is, without warranty, express or implied, except that the Equipment is free and clear of any liens created by Lessor. 19. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five days subsequent to such mailing. 20. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease. 21. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by the laws of, the state of the Equipment Location. 22. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respect to the transaction contemplated by this Lease. 10E-10 23. ENTIRE AGREEMENT; WAIVER. This Lease, together with the Delivery and Acceptance Certificate and other attachments hereto, and other documents or instruments executed by Lessee and Lessor in connection herewith, constitutes the entire agreement between the parties with respect to the Lease of the Equipment, and this Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of the Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease. The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. 24. EXECUTION IN COUNTERPARTS. This Lease may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of 19 LESSEE: CITY OF SOUTHLAKE A LESSOR: MOTOROLA, INC. By: Title: Title: OPINION OF COUNSEL With respect to that certain Equipment Lease -Purchase Agreement dated by and between Motorola, Inc. and the Lessee, I am of the opinion that: (i) the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, a state or a fully constituted political subdivision or agency of the State of the Equipment Location described in Schedule A hereto; (ii) the execution, delivery and performance by the Lessee of the Lease have been duly authorized by all necessary action on the part of the Lessee, (III) the Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; and (iv) Lessee has sufficient monies available to make all payments required to be paid under the Lease during the current fiscal year of the Lease, and such monies have been properly budgeted and appropriated for this purpose in accordance with State law. Attorney for CITY OF SOUTHLAKE SCHEDULE A EQUIPMENT LEASE -PURCHASE AGREEMENT Schedule A 21106 Lease Number: This Equipment Schedule dated as of is being executed by MOTOROLA, INC. ("Lessor") and CITY OF SOUTHLAKE (Lessee"), as a supplement to, and is hereby attached to and made a part of that certain Equipment Lease -Purchase Agreement Number 21106 dated as of ("Lease"), between Lessor and Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, the following items of Equipment Initial Term: 7 years Commencement Date: 8/1/99 7 Annual Payments of $127,811.27 as outlined in the attached Schedule B, plus Sales/Use Tax of $0.00, payable on the Lease Payment Dates set forth in Schedule B. EXECUTED as of the date first herein set forth. LESSEE: CITY OF SOUTHLAKE By: Title: 10E-12 LESSOR: Motorola, Inc. By: Title: Southlake Department of Public Safety Motorola 800 Upgrade Plan FY 99-00 Package "C" Model Description XTS3000 Model 11 Rugqadized Encrypted Radios r0 H09UCF9PW7N Astro Digital XTS 3000 Model II 70 Q241 Analog Operation 70 H37 Smartnet System Software 70 H499 Ruggedized Housing Option 70 H223 FM Ultra High Capacity Battery 70 H795 DES -XL Encryption XTS3000 Model 11 Rugqadized wl Yellow Housinq Radios 0 H09UCF9PW7N Astro Digital XTS 3000 Model II 0 Q241 Analog Operation 0 H37 Smartnet System Software 0 H499 Ruggedized Housing Option 0 H223 FM Ultra High Capacity Battery 0 H64 Yellow Housing XTS3000 Accessories 0 NMN6193 Remote Speaker Microphone 0 NMN6191 Noise Canceling Microphone 70 NTN8327 Public Safety Microphone external RF switch 70 NMN6250 Public Safety Microphone with 24" cord 75 NTN1667 Rapid 2 Hr Charger NTN4796 Multi Unit Desktop Rapid Charger NTN8297AR Extra XTS3000 Batteries (Fire) 35 NTN8295AR Extra XTS3000 Batteries (Police) Astro Spectra Mobile Radio 23 T99DX Astro Spectra Mobile Radio Series 23 131 W 800 MHZ 35 Watts: W5 30 G241 Astro ready (analog) operation 30 G50 Smartnet System Software 23 W496 Extended control head capability 30 W484 800 MHZ antenna w/22' of teflon cable Astro Motorcycle Mobile Radio 7 M99DX Astro Motorcycle radio 7 177W 800 MHZ 7 G241 Astro ready (analog) operation 7 G50 Smartnet System Software 7 W484 800 MHZ antenna w/22' of teflon cable Package "C" 10E-13 1 of 3 Southlake Department of Public Safety Motorola 800 Upgrade Plan FY 99-00 Packaae "C" Gold Elite Console System I B1827 Gold Series License Manager 3 X293 Add: Gold Elite Operator Software License 10 X296 Add: Smartnet Channel Software License 6 X834AA Add: Upgrade to conventional channel from A/B 1 B1878 Migrational Manual Package 1 B1811 D Gold Series 4 Cardcage CEB 1 K206AE Add: Battery Back -Up to CEB 1 K206AF Add: Battery Back -Up to CEB 1 K565 Add: Diagnostic Interface 1 K831 Add: Auxiliary Cardcage 1 K837 AD Enh: Express Warranty 4 CC 10 B1841 Gold Trunked Base Infc Module 1 B1848 Gold Non Redundant Trunk Int 1 B1850 A Gold Trunk Logging Int 8 Track 0 B1850 B Gold Trunk Loging Int 16 Track 3 B1822 Gold Series Elite Crt Desktop 3 K565 Add: Diagnostic Interface 3 K572 AF Add: Footswitch 3 K703 Add: Gooseneck Mic Desktop Cie 3 K570 Add: Headset Jack 3 K704 AA Add: Second Headset Jack 3 K742 AJ Alt: 100 Ft. 7 Pair Plenum Cable 2 B1423 Dual Receiver Interace Module 1 B1813 Gold Series System Spare 1 B1818 CEB Spare Trunked I B1814 Gold Crt Elite Op Spare 1 L3142 Hp Minitower D6575N 1 E62AA Enh: Elite Server Option - Cutsom Mou 2 L3142 Hp Minitower D6575N 2 E61AB Enh: Elite Server Option - Custom Mou 1 CDN6392 Superstack li 12 Port Hub 40 3 CDN6168 Elo 17" Clear Screen 1 CDN6222 10 Base T Plenum Cabe 500 Ft 3 CDN6224 Snap On Plug RJ45Pack of 10 1 DQMISC Misc Cabline 3 DQUPS Operator Position UPS 1 N/A Project Management (8.75 days) 1 N/A Motorola Internal Services 1 N/A Outside Contracted Services 1 N/A Training 1 N/A Warranty and Services 1 N/A Freight Package"C" 2of3 10E-14 Southlake Department of Public Safety Motorola 800 Upgrade Plan FY 99-00 Package "C" Backup Control Stations QM01 HX MCS 2000 High Spec Mobile ..�3 824W 800 Mhz 35W Model II 3 B665 Add: Control Station Operation 3 G325 Enh: Antenna 3 G397 Enh: Express Service Plus (Esp) 3 H37 Enh: Sfwr Smartnet System 3 DSPD10022 Antenna Fiberglass 200 L1704 3/8 Inch LDF Heliax 1 E702AC Add: 3/8" N Plug, Ant End 1 TDN8388 3/8 Inch Connector N Jack Female 200 L1704 3/8 Inch LDF Heliax 1 E702AC Add: 3/8" N Plug, Ant End 1 TDN8388 3/8 Inch Connector N. Jack Female 200 L1704 3/8 Inch LDF Heliax 1 E702AC Add: 3/8" nN Plug, Ant End 1 TDN8388 3/8 Inch Connector N Jack Female 3 TDN9378 1 /4 Inch X TS Flex Jumper with NP 3 TDN9289 Cable Wrap Weatherproofing Channel Banks 2 DSPREM8918 Universal Enclosure Tensr 800 2 DSPREM8804 CPU Control Card with 4 TI 2 DSPREM8920 Interface Cardxs 8 TI E1 Interface DSPREM8010 WAN Card Dual TI El Interface . DSPREM81230 CSU Plug In Module 2 DSPREM8220 Data Card 10 Port RS232C Sub Rate 4 DSPREM8119 Voice Card 8 Port 4 Wire EM 2 DSPREM8901 AC Power Supply 110 Vac Package "C" 10E-15 3 of 3 09/28/1999 Page 1 City of Southlake (Schedule B) Cr ound Period ........: Annual Nominal Annual Rate ....: 5.950 % Effective Annual Rate ...: 5.950 % Periodic Rate ..................: 5.9500 % Daily Rate .......................: 0.01630 % CASH FLOW DATA Number Period End Date Event Start Date Amount 1 Loan 11/01/1999 714,761.00 1 2 Payment 11 /01 /2000 127,811.27 7 Annual 11 /01 /2006 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 11/01/1999 714,761.00 1999 Totals 0.00 0.00 0.00 1 11/01/2000 127,811.27 42,528.28 85,282.99 629,478.01 2000 Totals 127,811.27 42,528.28 85,282.99 1 1 /01 /2001 127, 811.27 37,453.94 90, 357.33 539,120.68 2001 Totals 127,811.27 37,453.94 90,357.33 3 11/01/2002 127,811.27 32,077.68 95,733.59 443,387.09 2002 Totals 127,811.27 32,077.68 95,733.59 4 11 /01 /2003 127,811.27 26,381.53 101,429.74 341,957.35 2003 Totals 127,811.27 26,381.53 101,429.74 5 11 /01 /2004 127,811.27 20,346.46 107,464.81 234,492.54 2004 Totals 127,811.27 20,346.46 107,464.81 6 11 /01 /2005 127,811.27 13,952.31 113,858.96 120,633.58 2005 Totals 127,811.27 13,952.31 113,858.96 7 11 /01 /2006 127,811.27 7,177.69 120,633.58 0.00 2006 Totals 127,811.27 7,177.69 120,633.58 Grand Totals 894,678.89 179,917.89 714,761.00 10E-16 09/28/1999 Page 2 City of Southlake (Schedule B) &. Interest amount decreased by 0.01 due to rounding. INITIAL INSURANCE REQUIREMENT: $714,761.00 Except as specifically provided in Section five of the Lease hereof, Lessee agrees to pay to Lessor or its assignee the Lease Payments, including the interest portion, in the amounts and dates specified in the above payment schedule. LESSEE: CITY OF SOUTHLAKE By: Title: Date: BEI 10E-17 LESSOR: Motorola, Inc. 13y: Title: _ Date: CERTIFICATE OF INCUMBENCY do hereby certify that I am the duly elected or (Signature of Secretary/Clerk ) appointed and acting Secretary or Clerk of the CITY OF SOUTHLAKE , an entity duly organized and existing under the laws of the State of Texas that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding offices set forth opposite of their respective names. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into that certain Equipment Lease Purchase Agreement number 21106 dated , and Schedule A number 21106 dated , between CITY OF SOUTHLAKE and Motorola, Inc. Name Title Signature (Individual who signed Lease documents should be listed here and sign where applicable) IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of CITY OF SOUTHLAKE , hereto this day of , 1999. (Signature of Secretary/Clerk) SEAL 10E-18 EVIDENCE OF INSURANCE Fire, extended coverage, public liability and property damage insurance for all of the Equipment listed on Schedule A number 21106 dated to that certain Equipment Lease Purchase Agreement number 21106 dated will be maintained by the CITY OF SOUTHLAKE as stated in the Equipment Lease Purchase This insurance shall name MOTOROLA, INC. or its assignee as additional insured and loss payee for the term of the Schedule A number 21106 dated This insurance is provided by: Name of insurance provider Address of insurance provider City, State and Zip Code Phone number of insurance provider In accordance with the Equipment Lease Purchase Agreement Number 21106, CITY OF SOUTHLAKE , hereby certifies that following coverage are or will be in full force and effect: Type Fire and Extended Coverage Property Damage Public Liability Lessee: CITY OF SOUTHLAKE Amount Effective Expiration Policy Date Date Number Insurance Provider By: By: Its: Its: Date: Date: 10E-19 STATEMENT OF ESSENTIAL USEISOURCE OF FUNDS To further understand the essential governmental use intended for the equipment together with an understanding of the sources from which payments will be made, please address the following questions by completing this form or by sending a separate letter: 1. What is the specific use of the equipment? 2. Why is the equipment essential to the operation of CITY OF SOUTHLAKE? 3. Does the equipment replace existing equipment? If so, why is the replacement being made? 4. Is there a specific cost justification for the new equipment? If yes, please attach outline of justification. 5. What is the expected source of funds for the payments due under the Lease for the current fiscal year and future fiscal years? Lessee: CITY OF SOUTHLAKE By: Its: Date: lOE-20 Form 8038-G Information Return for Tax -Exempt Governmental Obligations ► Under Internal Revenue Code section 149(e) OMB No. 1545-0720 (Rev. May 1999) ► See separate Instructions. Dof the Treasury Internaltemal Revenue Service P Caution: Use Form 8038-GC if the issue rice is under $100,000. Re r I Reoortino Authoritv If Amended Return. check here ► rl ,suer's name 2 Issuer's employer identification number City of Southlake 3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 4 Report number 667 N. Carroll Ave. G - 5 City, town, or post office, state, and ZIP code 6 Date of issue Southlake TX 76092 11/1/99 7 Name of issue 8 CUSIP number Equipment lease Purchase Agreement 21106 9 Name and title of officer or legal representative whom the IRS may call for more information 10 Telephone number of officer or legal representative Gary Gregg ( ) of Issue (check applicable box(es) and 11 ❑ Education . . . . . . . . . . . . . 12 ❑ Health and hospital . . . . . . . . . . . �.Xa,��� 13 ❑ Transportation . . . . . . . . . . . . . . 14 0 Public safety . . . . . . . . . . . . . . . ' .._ 15 16 ❑ Environment (including sewage bonds) . . ❑ Housing . . . . . . . . . . . . . .`�; . . . 17 ❑ Utilities . . . . . . . . . . . . . . . . x�.. kpt�� 18 El Other. Describe . 19 If obligations are TANs or RANs, check box ► ❑ If obli!g,; i 20 If obligations are in the form of a lease or installment sale, 1Z. Will Description of Obligations. (Complete for -the',"'-. (a) Final maturity date (b) Issue price (c) "•,_ `: 21 11/1/2006 $ 714 761.00 $ Uses of Proceeds of Bond Issue(including 22"Proceeds used for accrued interest . . . . . . . ^� S 23 Issue price of entire issue (enter amount from line 21, colurrA =' 24 Proceeds used for bond issuance costs (including underwriters' discount) 25 Proceeds used for credit enhancement . . . . . . . . 26 Proceeds allocated to reasonably required reserve or replacement fund 27 Proceeds used to currently refund prior issues . . . . . . . . . 28 Proceeds used to advance refund prior issues . . . . . . . . . T 1 dd 1' 24 h h 28 25 26 28 29 29 ota (a Ines t roug ) . 30 Nonrefundinq proceeds of the issue (subtract line 29 from line 23 and enter amount here) . 30 F?RW Descriation of Refunded Bonds (Complete this part only for refunding bonds.) 31 32 33 34 35 36a b 37 b 38 39 40 schedule .00 1 5.95 % Enter the remaining weighted average maturity of the bonds to be currently refunded . . . ► years Enter the remaining weighted average maturity of the bonds to be advance refunded . . . ► years Enter the last date on which the refunded bonds will be called . . . . . . . . . . . No. Enter the date(s) the refunded bonds were issued 0- EF Miscellaneous Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) 35 Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) 36a Enter the final maturity date of the guaranteed investment contract ► Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units I 37a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑ and enter the name of the issuer ► and the date of the issue ► If the issuer has designated the issue under section 265(b)(3)(B)(i)(111) (small issuer exception), check box . . . ► ❑ If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . ► ❑ If the issuer has identified a hedge check box ► ❑ Pfase Sign Here Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Signature of issuer's authorized representative Date ' Type or print name and title For Paperwork Reduction Act Notice, see page 2 of the Instructions. cat. No. 63773s Form 8038-G (Rev. 5-99) FiA 10E-21 THIS FINANCING STATEMENT IS PRESENTED TO A FILING OFFICER FOR FILING PURSUANT TO THE UNIFORM COMMERCIAL CODE. 11. F1 CHECK TO REQUEST SAME DEBTOR SEARCH CERTIFICATE (INSTRUCTION B.11) DEBTOR (IF PERSONAL) LAST NAME FIRST NAME M.I. tA. PREFIX 18. SUFFIX -Cityof Southlake 1C. MAILING ADDRESS 1D. CITY, STATE 1E- ZIP CODE 667 N. Carroll Ave C—"1L.1 ,,__ m1, z ADDITIONAL DEBTOR (IF PERSONAL) LAST NAME FIRST NAME M.I. 2A PREFIX :t� UFFIX 2C 1AAu wrs Annocec - I <u, "' " 12t. LJP CODE 3. ADDITIONAL DEBTOR (IF PERSONAL) LAST NAME FIRST NAME M.I. 3A PREFIX 3B. SUFFIX 3C UAI1 Wn AnnDCee lot, CODE 4. SECURED PARTY (IF PERSONAL) LAST NAME FIRST NAME M.I. Motorola Inc. 4A. MAILING ADDRESS 4B. CITY, STATE 4C. ZIP CODE 1301. East Alcionquin RD Schaumburg IL 60196 5. ASSIGNEE OF SECURED PARTY (IF ANY) 5A MAILING ADDRESS 5B. CITY, STATE 5C. ZIP CODE 6. This FINANCING STATEMENT covers the following types or Items of property. (If collateral is crops, fixtures, timber or minerals, read Instruction B. 6-7.) See attached equipment list Lease #21106 7. CHECK ONLY 7A. PRODUCTS OF 7B. THIS FINANCING STATEMENT IS NUMBER OF ADDITIONAL IF COLLATERAL ARE TO BE FILED FOR RECORD IN SHEETS APPLICABLE ALSO COVERED 1 11THE REAL ESTATE RECORDS PRESENTED 8. CHECK 8A THIS FINANCING STATEMENT IS SIGNED BY THE SECURED PARTY APPROPRIATE INSTEAD OF THE DEBTOR TO PERFECT A SECURITY INTEREST IN BOX COLLATERAL IN ACCORDANCE WITH INSTRUCTION B. 8 ITEM: �(1) �(2) �(3) (4) (5) 9. SIGNATURE(S) THIS SPACE FOR USE OF FILING OFFICER OF nFRTnarcl (DATE, TIME, NUMBER, FILING OFFICER) SIGNATURE(S) OF SECURED PAR 10. Return copy to: R - I SS STATE ZtP L 1 STANDARD FORM — FORM UCC-1 (REV. 9/1/92) © 1992 OFFICE OF THE SECRETARY OF STATE OF TEXAS 1Oi-22 REORDER FROM ReRisfre', Inc. 514 PIERCE ST P O. BOX 218 ANOKA, MN 55303 Southlake Department of Public Safety Motorola 800 Upgrade Plan FY 99-00 Package"C" 0ty Model Description XTS3000 Model 11 Rugqadized Encrypted Radios H09UCF9PW7N Astro Digital XTS 3000 Model II 70 Q241 Analog Operation 70 H37 Smartnet System Software 70 H499 Ruggedized Housing Option 70 H223 FM Ultra High Capacity Battery 70 H795 DES -XL Encryption XTS3000 Model // Rugqadized w/ Yellow Housing Radios 0 H09UCF9PW7N Astro Digital XTS 3000 Model II 0 Q241 Analog Operation 0 H37 Smartnet System Software 0 H499 Ruggedized Housing Option 0 H223 FM Ultra High Capacity Battery 0 H64 Yellow Housing i XTS3000 Accessories 0 NMN6193 Remote Speaker Microphone 0 NMN6191 Noise Canceling Microphone 70 NTN8327 Public Safety Microphone external RF switch 70 NMN6250 Public Safety Microphone with 24" cord 75 NTN1667 Rapid 2 Hr Charger NTN4796 Multi Unit Desktop Rapid Charger NTN8297AR Extra XTS3000 Batteries (Fire) j5 NTN8295AR Extra XTS3000 Batteries (Police) Astro Spectra Mobile Radio 23 T99DX Astro Spectra Mobile Radio Series 23 131 W 800 MHZ 35 Watts: W5 30 G241 Astro ready (analog) operation 30 G50 Smartnet System Software 23 W496 Extended control head capability 30 W484 800 MHZ antenna w/22' of teflon cable Astro Motorcycle Mobile Radio 7 M99DX Astro Motorcycle radio 7 177W 800 MHZ 7 G241 Astro ready (analog) operation 7 G50 Smartnet System Software 7 W484 800 MHZ antenna w/22' of teflon cable Package "C" lOE-23 1 of 3 Southlake Department of Public Safety Motorola 800 Upgrade Plan FY 99-00 Package "C" Gold Elite Console Svstem 1 B1827 Gold Series License Manager 3 X293 Add: Gold Elite Operator Software License 10 X296 Add: Smartnet Channel Software License 6 X834AA Add: Upgrade to conventional channel from A/B 1 B1878 Migrational Manual Package 1 B1811 D Gold Series 4 Cardcage CEB 1 K206AE Add: Battery Back -Up to CEB 1 K206AF Add: Battery Back -Up to CEB 1 K565 Add: Diagnostic Interface 1 K831 Add: Auxiliary Cardcage 1 K837 AD Enh: Express Warranty 4 CC 10 B1841 Gold Trunked Base Infc Module 1 B1848 Gold Non Redundant Trunk Int 1 B1850 A Gold Trunk Logging Int 8 Track 0 B1850 B Gold Trunk Loging Int 16 Track 3 81822 Gold Series Elite Crt Desktop 3 K565 Add: Diagnostic Interface 3 K572 AF Add: Footswitch 3 K703 Add: Gooseneck Mic Desktop Cie 3 K570 Add: Headset Jack 3 K704 AA Add: Second Headset Jack 3 K742 AJ Alt: 100 Ft. 7 Pair Plenum Cable 2 B1423 Dual Receiver Interace Module 1 B1813 Gold Series System Spare 1 B1818 CEB Spare Trunked . 81814 Gold Crt Elite Op Spare 1 L3142 Hp Minitower D6575N 1 E62AA Enh: Elite Server Option - Cutsom Mou 2 L3142 Hp Minitower D6575N 2 E61AB Enh: Elite Server Option - Custom Mou 1 CDN6392 Superstack li 12 Port Hub 40 3 CDN6168 Elo 17" Clear Screen 1 CDN6222 10 Base T Plenum Cabe 500 Ft 3 CDN6224 Snap On Plug RJ45Pack of 10 1 DQMISC Misc Cabline 3 DQUPS Operator Position UPS 1 N/A Project Management (8.75 days) 1 N/A Motorola Internal Services 1 N/A Outside Contracted Services 1 N/A Training 1 N/A Warranty and Services 1 N/A Freight Package"C" 10E-24 2of3 Southlake Department of Public Safety Motorola 800 Upgrade Plan FY 99-00 Package"C" Backup Control Stations 3 M01 HX MCS 2000 High Spec Mobile 3 824W 800 Mhz 35W Model II 3 B665 Add: Control Station Operation 3 G325 Enh: Antenna 3 G397 Enh: Express Service Plus (Esp) 3 H37 Enh: Sfwr Smartnet System 3 DSPD10022 Antenna Fiberglass 200 L1704 3/8 Inch LDF Heliax 1 E702AC Add: 3/8" N Plug, Ant End 1 TDN8388 3/8 Inch Connector N Jack Female 200 L1704 3/8 Inch LDF Heliax 1 E702AC Add: 3/8" N Plug, Ant End 1 TDN8388 3/8 Inch Connector N. Jack Female 200 L1704 3/8 Inch LDF Heliax 1 E702AC Add: 3/8" nN Plug, Ant End 1 TDN8388 3/8 Inch Connector N Jack Female 3 TDN9378 1/4 Inch X TS Flex Jumper with NP 3 TDN9289 Cable Wrap Weatherproofing Channel Banks 2 DSPREM8918 Universal Enclosure Tensr 800 2 DSPREM8804 CPU Control Card with 4 TI 2 DSPREM8920 Interface Cardxs 8 TI E1 Interface 2 DSPREM8010 WAN Card Dual TI El Interface 2 DSPREM81230 CSU Plug In Module 2 DSPREM8220 Data Card 10 Port RS232C Sub Rate 4 DSPREM8119 Voice Card 8 Port 4 Wire EM 2 DSPREM8901 AC Power Supply 110 Vac Package "C" lOE-25 3of3 City of Southlake, Texas MEMORANDUM October 29, 1999 TO: Billy Campbell, City Manager FROM: Garland Wilson, Director of Public Safety (Ext. 730) SUBJECT: Authorize the Mayor to enter into a renewal contract between Euless B&B Wrecker and the City of Southlake for emergency and non -emergency wrecker service. Action Requested: Authorize the Mayor to execute a contract with Euless B&B Wrecker for emergency and non -emergency wrecker service requested by the City when required or authorized to do so. Background Information: This agreement will maintain the current five year wrecker contract due to expire November 16, 1999. The agreement mirrors the previous contract with several minor changes. The proposed new contract will continue to have a five year cycle, automatically renewable each year. The contractor, in return for the city's exclusive business, agrees to a response time of twenty (41we (20) minutes or less. They will also furnish two storage spaces indoors for storage of designated vehicles, such as evidence at trial. They will bill the City only for the minimum storage fee when regarding a seized vehicle, or if returned to the owner, from the date of release to the time picked up. The new contract also continues provisions for the free towing and tire changes of all DPS and City administrative vehicles less than one ton from anywhere within the City of Southlake. Financial Considerations: This contract will save the City the expense of towing for DPS vehicles less than one ton and provide for savings of storage in cases of seized vehicles pending court order and vehicles stored for evidentiary purposes. Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: This ordinance was reviewed by City Attorney Anale�slie Muncy, who has approved the ordinance under consideration by City Council. Alternatives: Prepare a request for proposal and review new bidders, if any. 1OF-1 Billy Campbell October 29, 1999 Q.e Page 2 Supporting Documents: Southlake/Euless B&B Wrecker Contract Staff Recommendation: Place Euless B&B Wrecker contract on the November 2, 1999 City Council meeting agenda for approval. GW/bls Approved for Submittal to City Council: ( it anager s Office 1OF-2 SOUTHLAKE WRECKER CONTRACT STATE OF TEXAS § § WITNESSETH: 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, Texas, hereinafter called "City," acting by and through its Mayor, Rick Stacy, and Euless B&B Wrecker, hereinafter called "Operator" acting by and through its duly authorized owner, Andy Chesney. WHEREAS, the City of Southlake heretofore adopted Ordinance No. 578 providing for regulations applicable to wrecker and towing services within the City of Southlake; and WHEREAS, pursuant to Ordinance No. 578 the City Council deems it in the best interests of the citizens of Southlake to enter into a contract for the providing of wrecker �.;rvices where needed pursuant to the exercise of the City's police or governmental powers. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: I. SCOPE The City hereby contracts with Operator for the providing of emergency and non - emergency wrecker service requested by the City through its Department of Public Safety. Operator agrees to provide wrecker service for accidents on public streets, DWI arrests, disabled vehicle incidents or other pulls requested by the Department of Public Safety where authorized or required to do so. M 1OF-3 I1. TERM This agreement shall be for a term of one (1) year commencing on December 1, 1999. This agreement shall be automatically renewed for additional one (1) year terms for a period of five (5) years from the date of commencement. Notwithstanding the above, either party may cancel this agreement upon thirty (30) days written notice to the other party. PRIMARY WRECKER SERVICE During the term of this agreement and so long as Operator shall not be in default of any of its obligations hereunder, Operator shall be entitled to serve as the principal towing and storage provider for the towing and storage of motor vehicles requested by the City. The City shall utilize Operator for all requested police pulls except in emergency situations requiring equipment, personnel or storage facilities that cannot be promptly provided by Operator. The decision of whether to use additional wrecker services in emergency situations shall be made by the Director of Public Safety in his sole discretion. IV. TWENTY-FOUR HOUR SERVICE; ASSIGNMENT Operator agrees to maintain wrecker service twenty-four (24) hours a day, seven (7) days a week. Operator shall conduct its operations in such a manner as to insure a response time of twenty (20) minutes or less. No calls for wrecker service may be referred or subcontracted to any other wrecker operator except upon prior written approval by the Director of Public Safety. This agreement may not be assigned, in whole or in part, without the prior written approval of the City, and any attempted assignment shall be void. In the event that Operator is unable to provide wrecker service as requested by the City, Operator shall f:\filer\muni\slake\wrecker4.fin (08-26-94) lOF-4 nmediately advise the Department of Public Safety in order that additional wrecker service may be procured. N ..- V. WRECKER LICENSE A. Operator shall procure a license from the City as required by Ordinance No. 578 in order to operate a wrecker service within the City. In the event that Operator's license for wrecker services is suspended or revoked by the City in accordance with Ordinance No. 578, the City may cancel this agreement or may utilize additional wrecker services during the period of such suspension or revocation. B. Operator covenants and agrees to comply with all requirements of Ordinance No. 578. The failure to comply with any of the requirements of Ordinance No. 578 shall be deemed to be a breach of this agreement. VI. Operator agrees to provide equipment and vehicles meeting the minimum requirements of Ordinance No. 578. In addition, Operator agrees to provide the following additional equipment throughout the life of this agreement: A. Each wrecker utilized by Operator shall be equipped with a mobile telephone. B. Operator shall provide a trailer, tilt bed vehicle or other similar vehicle capable of handling the safe movement of motorcycles and large vehicle component parts. C. Operator shall provide at least one (1) wrecker capable of towing a truck - tractor. All vehicles and equipment shall be maintained in a good working condition, subject only to replacement thereof in the normal course of business, in substantially equivalent form. file s%munAslake%wrecker4.fin 108-26-94) 1OF-5 VII. STORAGE FACILITIES All vehicles hauled pursuant to this agreement and stored pending being claimed by the owner, shall be taken to the Operator's storage facility located at 1201 W. Euless Blvd, Euless, Texas 76040, or to such location as directed by the City or as Operator and the vehicle owner may agree to. Operator shall maintain its storage facilities in compliance with all appropriate laws and ordinances and in a proper condition and state of repair, without the accumulation of vegetation, litter, trash and debris. All vehicles and vehicle parts shall be stored and maintained in a neat and presentable condition and shall be secured from unlawful tampering and vandalism. Operator shall provide a minimum of two (2) storage spaces for the indoor storage of designated vehicles which must be secured from unlawful tampering and weather related damage for purposes of preserving evidence for use at trial. VIII. FEES A. Unless otherwise agreed to in writing by the City, all fees charged by Operator for services for towing and impounding vehicles shall be in accordance with Exhibit I attached and submitted to the City pursuant to this agreement. B. Upon payment of the charges set out herein, the vehicle shall be released to the owner thereof. No additional charges for calls or service in the City shall be made unless agreed to in writing by the City. For towing to points outside of the City or originating outside of the City, the Operator and Owner shall work out their own price and the City shall not be responsible for supervision of this charge. 'file s\muni\slake\wrecker4.fin (08-26-941 10E-6 C. Operator shall provide pick-up or towing services for City Department of Public Safety and City Administrative vehicles less than one ton within the City at no charge to the City and for vehicles outside the City but within Tarrant County and those counties contiguous to Tarrant County, at the minimum towing charge allowed under state law. Operator shall also provide roadside tire changing services for all Department of Public Safety and City Administrative vehicles less than one (1) ton in size at no charge. In addition, Operator shall provide storage to the City for vehicles which are forfeited to the City pursuant to state or federal forfeiture laws for the minimum storage fee allowed under state law. In those cases where the court awards the vehicle back to the owner, the minimum storage fee will be charged for the period of time from the date of the tow to the date custody of the vehicle is awarded by the court back to the owner. Regular fees for storage after the date of the court order and other reasonable fees and towing charges may be collected. IX. Throughout the term of this agreement, Operator agrees that it shall comply with the following: A. Operator shall maintain in good standing, without any reduction in scope or authority, its certificates of convenience and necessity as issued by the Texas Railroad Commission and the United States Interstate Commerce Commission. B. Operator shall maintain its principal place of business at 1201 W. Euless Blvd. Euless, Texas 76040 or such other suitable location as may be agreed to in writing between the parties. C. Operator shall employ and maintain a sufficient number of personnel to accommodate a minimum of two (2) wrecker units at the same time. '4i1es\muni\s1ake\wrecker4.fin (08-26-94) 10E-7 D. Operator shall keep all information required by this agreement and in its application for a wrecker license updated and current. X. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Operator shall operate hereunder as an independent contractor as to all rights and privileges granted herein and not as an agent, representative, servant or employee of the City; that Operator shall be solely responsible for the acts and omissions of its officers, agents, contractors, subcontractors, servants and employees, and nothing herein shall be construed as creating a partnership or joint enterprise between the City and Operator. XI. INSURANCE ~"" Operator agrees to provide and keep in full force and effect throughout the term of this agreement automobile liability insurance and garage keepers liability insurance or truck cargo insurance meeting the requirements of and in the minimum amounts required by Ordinance No. 578. The City shall be named as a co-insured on such insurance. A copy of all such insurance policies shall be filed with the City Secretary. XII. INSPECTION City employees and officials shall have the right of entry at reasonable times to inventory and inspect vehicles pulled at the direction of the City. Operator shall be furnished a copy of any inventory so taken. Operator shall be responsible for the vehicle and its contents while in Operator's custody. gi1as\muni\s1ake\wrackar4. fin 108-26-94► 1OF-8 LIM XIII. ADMINISTRATIVE FORMS A. Operator shall prepare and issue in a proper and timely manner all necessary notices required under applicable laws and ordinances, including, without limitation, the Texas Litter Abatement Act and the Texas Abandoned Motor Vehicle Act, as amended, to provide adequate notification to owners and lienholders of motor vehicles which are towed and impounded and any attendant auction and sale of unclaimed or abandoned motor vehicles. Operator shall obtain a release from the Department of Public Safety prior to the disposition of any vehicle. Operator shall maintain accurate and proper documentation of all fees incurred and notices sent for purposes of verifying the accuracy of any fees charged and procedures implemented. In addition, Operator shall keep and maintain books and records reflecting its operations as required by Ordinance No. 578. B. Operator shall submit to the Department of Public Safety no later than the 7th day of each month a monthly activity report related to Operator's operation pursuant to this agreement during the previous month minimum, the following information: This monthly report shall contain, at a 1. Number and listing of vehicles towed. 2. Number and listing of vehicles released. 3. Number and listing of vehicles currently in custody. 4. Length of impoundment of vehicles. 5. Any disposition of vehicles not released to the owner. 6. Such other information that may be required by the Director of Public Safety. fi1as\muni\s1ake\wrecker4. fin (08-26-941 1OF-9 XIV. INDEMNIFICATION Operator hereby agrees to indemnify, hold harmless and defend the City, its officers, agents, servants and employees from any and all claims, demands or causes of action, of whatsoever kind or nature, arising out of or incident to the towing, storage and sale of motor vehicles pursuant to this agreement or the performance of any duties arising under or by virtue of this agreement, whether or not caused, in whole or in part, by the alleged negligence of the City or its officers, agents, servants or employees. Operator specifically acknowledges and agrees that the City shall not be liable for any towing or impoundment charges or any other costs or expenses incurred by Operator pursuant to this agreement. Operator further specifically acknowledges and agrees that the City shall not be responsible or liable to Operator for costs incurred by Operator in making "false alarm" calls. In this regard, the City agrees that it will exercise reasonable effort to ascertain the necessity for wrecker service prior to fling Operator and will make every effort to keep Operator from making "false alarm" calls. XV. DEFAULT In the event that Operator should breach any of the terms or conditions of this agreement or should otherwise be in default of any of its obligations pursuant to this agreement, the City shall have the right to terminate this agreement as provided below. Upon the occurrence of any event of default, the City shall provide thirty (30) days written notice to Operator of the default. In the event that Operator fails or refuses to cure the conditions of default within said thirty (30) day period, the City may, in writing, immediately declare this agreement terminated. Notwithstanding the above, City shall only be required to give ten (10) days written notice of any default by Operator for non-payment of any sums due the City hereunder. 'file s\muni\slake\wrecker4. fin (08-26-94) 1OF-10 No waiver by the City of any default in the obligations of the Operator hereunder shall constitute in any form an estoppel of the City from at any time asserting or reasserting any such default, it being clearly understood and agreed by the parties hereto that no such waiver or estoppel shall occur except by written agreement duly authorized and signed by the City Manager. XVI. NOTICES Notices required to be delivered pursuant to this agreement shall be sufficient if personally delivered or sent by certified mail in the United States Mail, postage pre -paid to the appropriate party at the following address: A. If to City: City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Attention: Director of Public Safety A. If to Operator: Euless B&B Wrecker Service 1201 W. Euless Blvd. Euless, Texas 76040 Attention: Andy Chesney XVII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and may not be modified or amended except by written agreement signed by the parties hereto. '\fibs\muni\slake\wrecker4. fin (08-26-94) 1OF-11 XVIII. VENUE Should any action, whether real or asserted, at low or in equity, arise out of the execution, performance or nonperformance of this agreement, venue for said action shall be in Tarrant County, Texas. EXECUTED this Euless B&B Wrecker M. ATTEST: Notary Public in and for the State of Texas day of Typed/Printed Name of Notary Public My Commission Expires: 4'\fibs\muni\slake\wrecker4.fin (08-26-94) CITY OF SOUTHLAKE Lin ATTEST: City Secretary 1OF-12 .1999. , Mayor EXHIBIT I CITY OF SOUTHLAKE TOWING CONTRACT TOWING DOLLIES HEAVY DUTY CLEAN UP UNLOCK ON ABANDONED VEHICLES CITY OWNED VEHICLES STORAGE IMPOUND FEE WINCHING ROLL OVER CHILD UNLOCK WORKING TIME WAITING TIME MOTORCYCLE TRAILER POLICE UNITS Euless B&B Wrecker $ 65.00 27.50 125.00 5.00 5.00 35.00 15.00 PER DAY 10.00 20.00 20.00 N/C 50.00 PER HOUR 1ST 15 MIN. FREE 12.50 PER 15 MIN. 27.50 EXTRA N/C ALL OTHER CITY OWNED VEH $35.00 CITY OF SOUTHLAKE 1OF-13 City of Southlake, Texas October 27, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (xt. 757; xt. 772) SUBJECT: Authorize the Mayor to enter into Amendment No. 3 with Cheatham and Associates for architectural and engineering services relating to the proposed improvements at Bob Jones Park Action Requested: City Council approval of Amendment No. 3 with Cheatham and Associates for architectural and engineering services relating to the proposed improvements at Bob Jones Park Background Information: On March 17, 1997 the City entered into an agreement with Cheatham and Associates for engineering services relating to field work and site planning (surveying, grading plan, drainage analysis) at Bob Jones Park. Amendment No. 1 to the contract was entered into on June 2, 1997 with the scope of services including construction plans and contract documents for the parking lots and drives, soccer fields, water lines, drainage swales, landscaping, irrigation, and fencing. Construction on these items has been completed at a cost of $1, 057, 000. On March 5, 1998 Amendment No. 2 was entered into with the scope of services including the preparation of construction plans and contract documents for the fishing dock/pavilion, trail system, additional practice fields, picnic tables and grills, playground and related irrigation and landscaping. These plans are currently being developed. The proposed Amendment No. 3 (attached) includes a listing of the planned design items. These design items were also presented to the Parks and Recreation Board at their August 9, 1999 meeting and to SPDC at their August 23, 1999 meeting. The proposed Amendment utilizes a flat fee of 6.8% for engineering and design and 3% for surveying services for a total fee of 9.8% based on the construction budget as yet to be determined by SPDC. The engineering fees are consistent with previous contracts. Financial Considerations: The Amendment is structured to allow the City to determine the construction budget and place it as an attachment to the Amendment, thereby setting the maximum dollar amount of Amendment #3. This scope is expected to be determined by SPDC at a special meeting on Monday, November 1, 1999. • Billy Campbell, City Manager October 27, 1999 Page Two If the entire scope of the recommended project is approved, proposed architectural and engineering services not currently under contract (based on a flat rate of 9.8% of the design budget) would be: ' 9.8% of $2, 664, 000 = $261, 072 The current Parks Five (5) Year CIP approved October 26, 1998 has budgeted $1,432,500 for Bob Jones Park improvements over FY 1998-99 through FY 2000-01. The proposed construction budget alternatives can potentially increase the range of the project by an additional $2,210,000. Citizen Input/ Board Review: A presentation outlining the current and proposed development of Bob Jones Park was given to the Parks and Recreation Board at their August 9, 1999 meeting. The same presentation was also provided to the SPDC at their August 23, 1999 meeting. The Parks and Recreation Board approved Amendment No. 3 for architectural and engineering services regarding proposed improvements at Bob Jones Park at their October 11, 1999 meeting on Consent agenda (7-0). SPDC will consider the amendment and the scope of work at a special meeting on Monday, November 1, 1999. Legal Review: The City Attorney has reviewed Amendment No. 3 for architectural and engineering services regarding proposed improvements at Bob Jones Park. Alternatives: Provide modifications to the proposed Amendment No. 3 based on discussions relating to the Parks Five (5) Year CIP. Supporting Supporting documents include the following items: Documents: Copy of Amendment No. 3, a Proposal for architectural and engineering services regarding the proposed improvements at Bob Jones Park. Staff Recommendation: Place as an item for consideration, Amendment No. 3 for architectural and engineering services regarding the proposed improvements at Bob Jones Park on the November 2, 1999 City Council agenda. Approved for Submittal to City Council: hal, ity�6nager's Office %ft ► CHEATHAM AND ASSOCIATES October 28, 1999 Mr. Steve Polasek Deputy Director of Community Services City of Southlake 400 North White Chapel Southlake, Texas 76092 Re: Amendment No. 3 to Proposal for Engineering Services Regarding Proposed Improvements at Bob Jones Park Cheatham and Associates is pleased to submit to the City of Southlake this amendmentAo our original proposal for professional services, dated March 17,1997. There are several additional items which need to be designed which are in addition to the scope of work of the original proposal, and the first two amendments. These additional items include but are not limited to: Proposed Design Items: • Pond #2 with well and water feature • Park signage • Day camp facilities • Amphitheater with electric, irrigation and turf • Loop road with parking • Phase I - Restroom/Concession Building • Pump house building enhancements • Storm drain headwall enhancements • Pond #1 water discharge feature - • Continuation of pipe rail fencing • Phase II - Restroom Building • Parking lot and roadway lighting • Phase II - Front Entrance with landscape and irrigation • Phase I - Drainage Improvements • Phase I - Parking Lot Surface Coat • Utilities (Nature Center, Phase I and II Restrooms) • Additional practice fields (6) irrigation/turf * * Turf would consist of common bermuda hydramulch. ENGINEERS • A Subsidiary Firm of 1601 E. Lamar Blvd. 817/548-0696 • Mi �nftid Design, Inc. ffli45n, Texas 76011 • Fax 817/265-8532 Mr. Steve Polasek October 28. 1999 City of Southlake Page 2 The items listed above are required to provide the type park facility which will accommodate the public to visit the park and enjoy the amenities, but also provide a safe and comfortable environment for park visitors. Therefore, we hereby propose to perform the necessary field work, and prepare construction plans and specifications for the additional items. The scope of services is as follows: Preliminar DY esian: Visit with members of your staff, to discuss our design concept, and overall approach to the project. Make any changes deemed necessary prior to proceeding into final design. 2. Prepare preliminary building, water, sewer, grading, street, drainage, and site plans for review by your office and discussion with City Staff. 3. Prepare a preliminary calculation of excavation and fill to determine how the earthwork balances. 4. We will provide your office with a preliminary summary of our design assumptions, city requirements, and any additional information which may be necessary to finalize Construction Plans. Final Design: Provide a preliminary cost estimate of all proposed improvements. Prepare final Construction Plans and Specifications for all improvements, including but not limited to, water, sewer, street, grading, parking, drainage, and park facilities. 2. Provide your office with a reproducible copy of all civil improvements. 3. Assist your staff in processing these plans through the City of Southlake, to obtain approval of all plans for which we are responsible. 4. Make necessary revisions to satisfy the City requirements. Provide a quantity take -off, in proposal form, for civil improvements to be incorporated in the contract documents. Construction Phase: 1. We will be available during the bidding process to answer any questions regarding plan interpretation, and will assist if addendums are required. Mr. Steve Polasek City of Southlake October 28, 1999 Page 3 2. Periodic on -site visits will be made during construction by the design engineer, or as deemed necessary by your office, to assist you in contractor discussions. 3. We will provide assistance in conducting the final inspection and will be available, if your office has any questions regarding the materials or workmanship of the contractor. SCHEDULE The engineering and surveying work described within this proposal will be completed and ready for bidding by March 15, 2000. FEES We will provide all the services and products described in the scope of services including all design surveys, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, and periodic visits during construction, and as - built plans for a flat fee of 9.8% of the construction budget to be established by the City and included as an attachment to this amendment prior to beginning any design work. The fee of 9.8% relates to 6.8% for engineering and design, and 3.0% for surveying services. Please note that all direct expenses, such as travel and printing, are included in the above fees. The fees cover only that work specified in the proposal. It does not include; — Soil testing — Other testing involving outside laboratory services — Revisions to material prepared beyond that specified in proposal — No final grade staking - this to be provided by Contractor The above listing of services, or others not included in the basic fees, may be added to our agreement at your request and approval of estimated costs or rates. TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. If this amendment to our proposal meets with your approval, please indicate by signing in the space provided below. Please do not hesitate to call should you have any questions. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, IZJ�� Eddie Cheatham, P.E. FAW ORDTROPOSAL'SOUT HLAK\BJP-Amend3.wpd /oG ; �- Mr. Steve Polasek October 28, 1999 City of Southlake Page 4 Authorization to Proceed: Accepted this By: Title: day of , 1999 F:\WORD\PROPOSAL\SOUTHLAK\BJP-Amend3.wpd City of Southlake, Texas %IE%IORANDUM October 29. 1999 TO: Billy Campbell. City Manager FROM: Garland Wilson, Director of Public Safety (Ext. 730) SUBJECT: Ordinance No. 585-B, Amending Ordinance No. 585-A, Tree Preservation Ordinance. Action Requested: City Council discussion of Ordinance No. 585-B, Tree Preservation Ordinance. Background Information: This ordinance was originally adopted in June 15, 1993 and amended December 16, 1997. Councilmember Debra Edmondson met with Malcolm Jackson and Keith Martin on several occasions regarding current enforcement action and related tree preservation ordinance procedures. Based upon the analysis of the ordinance, several suggested changes were presented to enhance the operational procedures towards improved efficiency and effectiveness. During the development of the suggested changes. the City experienced several tree preservation issues that exemplified the areas needing modification. The proposed changes have been forwarded to City Attorney Debra Dreyovitch for review. In conjunction with the review of the Tree Preservation Ordinance. Councilmember Debra Edmondson recommended a related change to the Comprehensive Zoning Ordinance (480-JJ) as it relates to impervious coverage requirements in non-residential districts by eliminating the option of an additional 5% of impervious coverage and removing the ambiguous language in the remaining portion of the section. These items are scheduled for discussion by P&Z on November 4, 1999 Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: These changes have been forwarded to City Attorney Debra Drayovitch for legal review and comment. Alternatives: The Citv Council may deny or recommend changes or conditions they deem appropriate and give direction to staff place the ordinances on the agenda for the next City Council meeting or other direction as they may deem appropriate. 11A-1 Billy Campbell October 29, 1999 Page 2 Supporting Documents: Staff Recommendation: GW/bls Draft changes to the Tree Preservation Ordinance (585-13) Place the recommended changes to Ordinance No. 585-B, Amending Ordinance No. 585-A, Tree Preservation Ordinance on the November 2, 1999 City Council agenda for discussion. Approved for Submittal to City Council: City Manager's Office 11A-2 Tree Preservation Ordinance Recommended Changes - 10-29-99 Section 2.2 is revised as follows: Landscape Administrator: The person appointed by the city to serve as the person to administer the plans and related city ordinances related to landscape topics. and anv person designated by the Landscape Administrator to assist in such activity. (Comment: This will allow the new Landscape Official and similar persons to enforce the provisions of this ordinance.) Tree Survev: A plan drawing that provides legend details about the location and details of trees and generally consistent with the sample contained in the Appendix herein. Such survey may include drawings by a licensed survev companv, a licensed architect, or other person. firm. or corporation approved by the Landscape Administrator. (Comment: This will allow simple drawings conducted by individuals, including the Landscape Administrator, that provides sufficient details, particularly in those cases where there are no trees or a limited number of trees.) Section 3.2 is revised as follows: 3.2 Municipal/Public Domain Property: All municipal or public domain property shall be subject to the requirements for tree protection and replacement specified herein. a. Permit Requirements: ... (unchanged) b. Tree Board Responsibilities: ... (unchanged) C. Acceptable Trees ... (unchanged) d. e. Street Tree Spacing ... (unchanged) Public Tree Care: The City shall have the right to plant, prune, and maintain trees street trees and park trees within the lines of all streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The City may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. f Removal or Pruning of Public Trees: It shall be deemed a violation of this ordinance for anv person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the City without first procuring approval from the Landscape Administrator. (Comment: This was brought as same wording but moved from Section /0 - Enforcement.) Section 3.4 is revised as follows: 3.4 New Developments: All developments which have not submitted final construction plans as of the effective date of this ordinance shall be subject to the requirements for tree protection and replacement specified herein. - a. Residential Subdivisions (Infrastructure, excluding buildings): All area within public R.O.W., utility easements or drainage easements as shown on an approved Final Plat and areas designated as cut/fill on the master drainage construction plan approved by the Landscape Administrator shall be exempt from the tree pretee4en-and replacement requirements specified herein, except that no grading or tree removal be conducted prior to obtaining an earth disturbance permit and having submitted a tree survey as required by the Landscape Administrator. All other area shall be subject to these 11A-S requirements. (Comment: This will clarify that a grading permit is required so the Landscape Administrator can properly evaluate each case in advance of disturbance.) 1 A tree survev shall be submitted with the submittal of a concept plan or preliminary plat whichever occurs first. For developments containing large heavily wooded areas the Landscape Administrator may authorize the submittal of an aerial photo accompanied by a transparent plan of the development at the same scale as the photo showing all proposed ROW and lotting patterns with the submittal of a concept plan or preliminary plat in lieu of a tree survev, provided that a tree survev is submitted to and approved by the Landscape Administrator prior to anv grading or construction. (Comment: This will make the analysis of each project and the determination of the amount of mitigation required much easier. Although reasonable estimates can be made if single trees can be identified in photographs, it is impossible to accurately determine the tree size in tree clusters.) Permit Requirements: A tree -removal permit shall not be required for removal of a protected tree within said R.O.W. or easements, except that no grading or tree removal be conducted prior to obtaining an earth disturbance permit and having first submitted a tree survev approved and as required by the Landscape Administrator. A tree -removal permit must be obtained prior to the removal of any other protected tree on the property. (Comment: This will clarify that a grading permit is required so the Landscape Administrator can properly evaluate each case in advance of disturbance.) 3 All such projects having one or more trees shall have a "tree protection (4aw sign" of the stvle and design designated by the Landscape Administrator prominently posted at the entrances to the project. Such sign shall outline prohibited conduct which would otherwise be detrimental to the welfare of the trees. (Comment: This helps ensure that a sign is posted at all locations to warn persons working on the project of the protection requirements.) L b. Non -Residential Developments: All area within public R.O.W., public utility or drainage easements as shown on an approved Final Plat, and the fire lanes, required parking areas and area within six feet (6) of the building foundation as shown on an approved Site Plan shall be exempt from the tree protection and replaeemeet requirements specified herein, except that no grading or tree removal be conducted prior to obtaining an earth disturbance permit and having submitted a tree survev as required by the Landscape Administrator. (Comment: This will clarify that a grading permit is required so the Landscape Administrator can properly evaluate each case in advance of disturbance.) When the developer provides parking spaces in addition to the required number of parking spaces, he shall be required to replace trees or make a pavment into the Reforestation Fund or a combination thereof as determined by the Landscape Administrator in the best interest of achieving the purposes of this ordinance in accordance with the following: The developer shall identifv the total number of lots above the required number. An equivalent number of lots containing the greatest number of trees shall be used to calculate the replacement or mitigation requirements Such replacement or mitigation shall be consistent with the requirements of Section 5 herein. (Comment: This method is much easier to calculate than the current requirement of determining a ratio of the percentage of lots to trees removed.) 11A- 4 1. a tree survev shall be submitted with the submittal of a concept plan, site plan and preliminary plat For developments containing large heavily wooded areas, the Landscape Administrator may authorize the submittal of an aerial photo accompanied by a transparent plan of the development at the same scale as the photo showing all proposed ROW and lotting patterns with the submittal of a concept plan or preliminary plat provided that a tree survev is submitted to the Landscape Administrator prior to anv construction. This may be conducted in phases for large projects when approved by the Landscape Administrator. (Comment: This will make the analysis of each project and the determination of the amount of mitigation required much easier. Although reasonable estimates can be made if single trees can be identified in photographs, it is impossible to accurately determine the tree size in tree clusters.) Permit Requirements: A tree -removal permit shall not be required for removal of a protected tree within said R.O.W. or easements, except that no grading or tree removal be conducted prior to obtaining an earth disturbance permit and having submitted a tree survev as required by the Landscape Administrator. A tree -removal permit must be obtained prior to the removal of any other protected tree on the property. (Comment: This will clarify tha! a grading permit is required so the Landscape Administrator can properly evaluate each case in advance of disturbance.) 3. All such proiects having one or more trees shall have a "tree protection sign" of the stvle and design designated by the Landscape Administrator prominently posted at the entrances to the project. Such sign shall outline prohibited conduct which would otherwise be detrimental to the welfare of the trees. (Comment: This helps ensure that a sign is posted at all locations to warn persons working on the project of the protection requirements.) C. Administrator Review: The Landscape Administrator shall evaluate any plans required by this ordinance for determination that the developer or builder has made their best good - faith effort at saving as many protected trees as possible. An analysis prepared by the Landscape Administrator shall be forwarded to the Planning and Zoning Commission and the City Council for their consideration regarding denial or approval of the development. The Landscape Administrator shall be authorized to work with developers and builders to make recommendations within the scope of this ordinance throughout the development and construction processes that will provide the greatest reasonable protection toward achieving the purposes of this ordinance. (Comment: This will allow the Landscape Administrator the authority to make minor changes, such as allowing a minor encroachment of a retaining wall into a public R.O. W. in order to preserve a tree.) Section 3.5 is revised as follows: 3.5 Private Property a. (Comment: There has been no identified history of problems regarding this.) b. Homeowners: The owner of property zoned SF20, SF30, SF!, R-PUD, and RE who resides at the property and use the residence as a homestead shall be exempt from the requirements of this ordinance as it pertains to that property This en shallalso prepeftf Builders contractors and property owners are subject to the requirements of this ordinance for all new construction prior to the issuance of a 1Lk-S certificate of occupancv and having established residency in the home. (Comment: This will permit legitimate residents exclusion for remodel or personal landscape preferences while closing a loop -hole in which builders claim they are building the home for themselves and then put the home on the market prior to moving into the home.) C. Builders,, Contractors: All builders who have not submitted a Fequest fe received a building permit for the site as of the effective date of this ordinance are subject to the requirements herein. All area within the driveway, public sidewalks, patios, septic tank and lateral lines, parking area, pool and associated deck area and area within six feet (6') of the building foundation as shown on an approved plot plan shall be exempt from the tree protection and replacement requirements of this ordinance. All other areas of the lot shall be subject to these requirements. Permit Requirements: A tree -removal permit shall not be required for removal of a protected tree within the area noted in 3.5-c above, except that no aradin construction, or tree removal be conducted prior to obtaining an earth disturbance permit and having submitted a tree survev as required by the Landscape Administrator; however, a permit must be obtained prior to the removal of any other protected tree on the property. (Comment. This will clarify that a grading permit is required so the Landscape Administrator can properly evaluate each case in advance of disturbance.) 2. A tree survey shall be submitted with the submittal of a Concept Plan, Site Plan Plot Plan or similar construction plan, whichever occurs first. For proiects containing large heavily wooded areas, the Landscape Administrator may authorize the submittal of an aerial photo accompanied by a transparent plan of the development at the same scale as the photo showing all proposed ROW and easement areas, pad sites. driveways, sidewalks patios septic tank and lateral lines, parking area. pool and associated deck area and similar, provided that a tree survev is submitted to the Landscape Administrator prior to anv grading or construction. This may be conducted in phases for large proiects when approved by the Landscape Administrator. (Comment: This will make the analysis of each project and the determination of the amount of mitigation required much easier. Although reasonable estimates can be made if single trees can be identified in photographs, it is impossible to accurately determine the tree size in tree clusters.) 3 All such proiects having one or more trees shall have a "tree protection sign" of the stvle and design designated by the Landscape Administrator prominently posted at the entrances to the proiect. Such sign shall outline prohibited conduct which would otherwise be detrimental to the welfare of the trees. (Comment: This helps ensure that a sign is posted at all locations to warn persons working on the project of the protection requirements.) Section 3.6 is revised as follows: 3.6 Exceptions: A tree removal permit and tree protection and replacement requirements shall not be required under any of the following circumstances, unless otherwise stated in this Becton. The burden of proof as a qualified exception is upon the remover of the tree. It is highly recommended that qualification as an exception be determined with the Landscape Administrator prior to removal of the tree. In the event of dispute reeardine an validitv of an exception, the decision (taw, of the Landscape Administrator shall prevail. (Comment: This will help clarify that the Landscape Administrator determines whether or not there is an exception. If the person still disagrees, they person can appeal to the Tree Board.) Diseased Trees: The tree is diseased, damaged beyond the point of recovery, or in danger of falling as determined by the Landscape Administrator prior to the removal of the tree. Prior to removal of the tree, the person removing the tree shall obtain a tree removal permit and approval from the Landscape Administrator to remove the tree. Such permit shall be at no cost. (Comment: This helps ensure that good trees are not inappropriately removed and later claimed without proof to have been diseased.) b. Public Safety ... (unchanged) C. Utility Service Interruption ... (unchanged) d. Landscape Nursery ... (unchanged) Section 4.2 is revised as follows: 4.2 Submittal Requirements: The Landscape Administrator shall establish administrative procedures necessary to facilitate the implementation and enforcement of this ordinance. a. Tree -Removal Permit. A request for a tree -removal permit must be submitted and approved prior to the removal of any protected tree in the City unless the tree and permit process is exempt under a provision of this ordinance. (Comment: There are some cases where the tree is exempt, but we would require a permit. Example is 3.6-a above.) b. Fees ... (unchanged) C. Required Documents ... (unchanged) d. Permit expiration ... (unchanged) Schedule A and Schedule B must be revised to reflect the appropriate changes Section 5.0 is revised as follows: 5.1 Tree replacement; In the event that it is necessary to remove a protected tree as specified in 3.0- 3.5 herein, the applicant shall be required to replace the protected trees being removed with quality trees as defined herein or canopy trees as recommended in the Landscape Ordinance and as approved by the Landscape Administrator. (Comment: This will allow better control over the selection ofreplacement trees.) .... (remainder unchanged) 5.2 Replacement Procedures: At the time of review, the agent responsible for replacement, the time of replacement and the location of the new trees will be determined by the Landscape Administrator. The replacement trees shall be located on the subject site whenever possible; however, if this is not feasible or reasonable as determined by the Landscape Administrator, the Landscape Administrator has the authority to allow the planting to take place on another property, including public property, or to require pavment into the reforestation fund. or a combination of these. (Comment: This allows the Landscape Administrator to better address those difficult situations where large scale mitigation can be better addressed.A Franchise Utility companies shall be exempt from this requirement. If the Landscape Administrator approves the planting of replacement trees more than thirty (30) days after the removal of protected trees, the applicant shall provide the Landscape Administrator with an affidavit that all replacement trees will be planted within sir months. The Landscape Administrator may require a bond in the approximate amount of such costs for the replacement. (Comment: This ensures that the city can conduct the replacement at no cost in the event the person defaults.) A replacement tree that dies within one yea three (3) years of the date it was planted must be replaced by another 11A-7 replacement tree. All subsequent replacements are subject to this same requirement. If the person is unable to provide proof of the specific date of replacement, the tree must be replaced regardless of the timeframe. (Comment: This puts the recording keeping responsibility and proof requirements on the property owner instead of the Landscape Administrator and allows sufficient time for a solid root base to be established.) 5.3 Reforestation Fund: If approved by the Landscape Administrator, the applicant, in lieu of compliance with Section 5.2 hereof, may make a payment into the Reforestation Fund or other specifically dedicated fund. The funds shall be used only for purchasing and planting trees on public property or acquiring wooded property which shall remain in a naturalistic state in perpetuity. The amount of the payment required for each replacement tree shall be calculated based on a schedule published and reviewed annually by the Landscape Administrator which sets forth the average cost of a quality tree added to the average cost of planting a tree. A regular report of the deposits and withdrawals from his account is made to the City Council and the Tree Board on at least a quarterly basis. (Comment: This enhances the accountability for the deposits and use of these funds.) Section 6.2 is revised as follows: 6.2 Prohibited Activities: The following activities shall be prohibited within the limits of the critical root zone of any protected tree subject to the requirements of this ordinance. a. Material Storage ... (unchanged) b. Equipment Cleaning/Liquid Disposal ... (unchanged) C. Tree Attachements ... (unchanged) d. Vehicular traffic ... (unchanged) e. Grade Changes: No grade changes shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Landscape Administrator or if grading as otherwise authorized by this ordinance. (This eliminates any confusion on the authority of the decisions of the Landscape Administrator and allowed exemptions for grading.) f. Impervious Pavir_g: No paving with asphalt, concrete or other impervious materials in a manner which may reasonably be expected t kill a tree shall be placed within the limits of the critical root zone of a protected tree except as otherwise allowed in this ordinance. REVIEW F ABOVE Section 6.4 is revised as follows: 6.3 Prior To Construction: The following procedures shall be followed on all types of construction projects (i.e. residential subdivision, commercial, multi -family, industrial developments, residential builders and municipal/public.) a. Tree Flagging: delete in its entirety and require protective fencing in section c (which is the new #a) b. Open Space Flagging: - delete in its entirev and require protective fencing in section c (which is the new #a) c. a. Protective Fencing: eenstruetien area that eeffi neat might infi4nge e the r-e for all protected trees on a construction site a protective fencing shall be required to encircle the area of the critical root zone of the tree to protect it from an4-the construction activity area. The fence shall consist of hiehiv visible, four feet (4') high protective fencing shall be supported at a maximum of 10' intervals by approved methods sufficient enough to 11A-8 keep the fence upright and in place. All protective fencing shall be in place prior to commencement of any site work and remain in place until all exterior work has been completed. (Comment: This improves the ability of the Landscape Administrator to protect the trees. What we have seen are tractor operators drive within the drip -line. not realising they are damaging the sensitive root system of the trees.) d. b. Bark Protection: In situations where a protected tree remains in the immediate area of intended construction and as determined by the Landscape Administrator to be in danger of damage to the bark of the tree by construction equipment or other activity, the tree shall be protected by enclosing the entire circumference of the tree with 2" x 4" lumber encircles with wire or other means that do not damage the tree. The intent here is to protect the bark of the tree against incidental contact by large construction equipment. No heavy equipment, including but not limited to tractors, trucks, trailers bulldozers bobcat tractors ditchwitch, trenchers, compressors, hoists, is allowed inside the drip -line of anv protected tree on anv construction site without the specific approval of the Landscape Administrator. (Comment: This improves the ability of the Landscape Administrator to protect the trees. What we have seen is that tractor operators ignore the drip line and drive adjacent to the trunk and striking it with their equipment.) Section 6.5 is revised as follows: 6.4 Permanent Construction Methods: a. Boring ... (unchanged except that LA needs to validate current 48" limit) Qe b. Grade Change ... (unchanged except that LA needs to review for comment) C. Trenching: All trenching shall be designed to avoid trenching across the critical root zone of any protected tree unless otherwise approved by the Landscape Administrator. Trenching within the critical root zone requires a tree permit. Although this section is not intended to prohibit the placement of underground services such as electric, phone, gas, etc., the placement of the utilities is encouraged to be located outside of the critical root zone of protected trees. Irrigation system trenching shall be placed outside of the critical root zone with only the minimum required single head supply line allowed within that area placed radially to the tree trunk. d. Root Pruning ... (unchanged) Section 7.0 is revised as follows: 7.0 Tree Pruning Restrictions 7.1 General ... (unchanged) 7.2 Permit Requirements ... (unchanged) 7.3 Allowed Pruning ... (unchanged) 7.4 Required Pruning ... (unchanged) 7._5 Tree Topping: It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this or finance at the determination of the Landscape Administrator. No property owner may top any tree that would not be permitted for removal without obtaining a pruning permit approved by the Landscape Administrator. 11A-9 L h Stump Removals ... (unchanged) Section 9.0 ;s revised as follows 9.1 Developers Agreement: ... (unchanged) 9.2 Building Permit: No building permit shall be issued unless the applicant signs an application or permit request which states that all construction activities shall meet the requirements of the tree preservation ordinance. The Building Official shall make available to the applicant a copy of the tree preservation ordinance or a condensed summary of the relevant aspects pertaining to the type of permit requested. When such permit authorized work outside on a lot with one or more protected trees the applicant shall be provided a "tree protection sign" of the stvle and design desienated by the Landscape Administrator prominently posted at the entrances to the project Such sien shall outline prohibited conduct which would otherwise be detrimental to the welfare of the trees. 9.3 Acceptance of Improvements ... (unchanged) 9.4 Certificate of occupancy ... (unchanged) 9 4 1 The Developer Builder. Contractor or Propertv Owner in charge of the project shall remain responsible for the acts or failure to act as required for all subcontractors. persons, firms, or organizations conductine work on their behalf, and as such may be held responsible for anv fines or penalties assessed under this ordinance. (Comments: This makes enforcement responsibility much easier by holding the builder or developer responsible. In some cases, the damage occurs by a sub -contractor and the general contractor claims it was not their act, which provides for a potentially difficult case to prove in court. This eliminates that defense loop -hole.) Section 10 is revised as follows: 10.0 Violations: Anv person, firm, corporation, agent or employee thereof who violates the provisions of Article Three of this ordinance shall be guilty of a misdemeanor and upon conviction hereof shall be fined or assessed an administrative fee of One Hundred Dollars ($100.00 per diameter inch of the trees) removed or damaged. (Comment. This would better permit the assessment of the fee for the Reforestation Fund without having to go through municipal court. This, along with the other changes, have not yet been reviewed or approved by the City Attorney as of 9-18-99) Anv person, firm, corporation, agent or employee thereof who violates any other provisions of this ordinance shal be guilty of a misdemeanor and upon conviction hereof shall be fined not to exceed Five Hundred and No Cents ($500.00) for each incident. The unlawful injury. destruction or removal of each protected tree shall be considered a separate incident and each incident subjects the violator to the maximum penalty set forth herein per tree. a. Removal of Publie Trees� it shall be deemed a vielation of this er-diaa�ee for. any per-sen b>FeFnO S D ^'-mistFate- (Comment: This section moved to section 3.2) NOTE: All appendix items will need to be reviewed and renumbered appropriately. The application will be removed from the appendix. LA will review adding Hackberry to the list of trees. 1La-10 City of Southlake, Texas Q., MEMORANDUM October 29, 1999 TO: Billy Campbell, City Manager FROM: Garland Wilson, Director of Public Safety SUBJECT: Ordinance No. 4804J, Amending the Comprehensive Zoning Ordinance with regard to impervious coverage requirements for non-residential districts. Action Requested: City Council discussion of Ordinance No. 480-JJ, amending the Comprehensive Zoning Ordinance with regard to impervious coverage requirements in non-residential districts. Background Information: The Comprehensive Zoning Ordinance was originally adopted September 19, 1989 and amended October 20, 1998 to address impervious coverage limits and requirements. Council Member Debra Edmondson met with Malcolm Jackson and Keith Martin, on several occasions regarding changes to the Tree Preservation Ordinance and recommended a related change to the Comprehensive Zoning Ordinance (480-JJ) as it relates to impervious coverage requirements in non-residential districts. The proposed change eliminates the option of an additional 5% of impervious coverage and removes the ambiguous language in the remaining portion of the section. These items are scheduled for discussion by P&Z on November 4, 1999, and may be further considered on the November 18, 1999 P&Z agenda. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: These changes have been forwarded to City Attorney Debra Dreyovitch for legal review and comment. Alternatives: The City Council may deny or recommend changes or conditions they deem appropriate and give direction to staff place the ordinances on the agenda for 1 st reading on the next City Council meeting or other direction as they may deem appropriate. 11B-1 Billy Campbell October 29, 1999 Page 2 Supporting Documents: Staff Recommendation: GW/bls Draft Changes to the Comprehensive Zoning Ordinance (480-JJ) Place the recommended changes to Ordinance No. 4804J, Amending the Comprehensive Zoning Ordinance with regard to impervious coverage requirements for non-residential districts on the November 2, 1999 City Council agenda for discussion. Approved for Submittal to City Council: City Manager's Office L 11B-2 14 IN Recommended Changes to Impervious Coverage Requirements for Non -Residential Districts in the Comprehensive Zoning Ordinance (Note: The following wording is located in all non-residential zoning district sections, except that the initial base percentage may change from one section to the other.) Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy-five percent (75%) of the total lot area. However- ifthef lle r- ter-i i up to, but not exeeeding, and additional 0 0 two feet (2') of width of the required buffer-yar-d(s) adjaeent to any str-eet(s) and an additional 1 feet ef width te the required side and r-ear- buffer-yar-ds shall be added to the site. This requirement may also be sa4isfied by providing an "rvuaeiaa cu iv ua area in the front rsides ofrthe site (exclusive of the bufffya-`l areas) either- b islands,iner-easing the number- anWer- size of pa4dng t , b o„>,,,.,, ing „.,t,,,•.,1 drainage area, ete Any a te,..,.,tive means plan shall be required to have the approval of the Landscape Administrator to ensure that the proposal is practical and will enhance the survivability of existing trees on the site. 11B-3