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1991-03-05 CC Packet
City of Southlake, Texas — M E M O R A N D U M March 1, 1991 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest City Council Meeting 3/5/1991 ------------------------------------------------------------- AGENDA ITEMS 1. Agenda Item No. 4. City Manager's Report. During this item I will report on the status of the median at Southcrest and Carroll. This will afford you the opportunity to question and comment. 2. Agenda Item No. 5. Award of bids. We had budgeted $10,000 for the tow paver, but the difference can be made up from the savings on the trucks. As soon as we get the tow paver we will be able to resurface Summerplace and the employee parking lot. 3. Agenda Item No. 7. BFI Recycling Contract. Finally!! 4. Agenda Item No. 8. Parks Master Plan. A question may come up at this time from the Park Board concerning how the City will pay for the master plan. Members of the Park Board expressed surprise and displeasure that the City is funding the study through park dedication fees. They have suggested that this is something new. The problem is that they do not understand budgeting or fund accounting. I attempted to explain to Steve Bender when he challenged our process, but to no avail. He believes that since the Park budget (on pg. 57 in Annual Budget) shows $30,000 in Professional Services (145.230), that the "General Fund" should pay for the study, rather than park fees. When I explained that the park fees are revenue to the General Fund, he became upset and said this "violated the law" which, I believe, he means the ordinance. The ordinance restricts the use of the funds (see attached) but does in fact allow their use for "...attendant engineering and planning costs associated with such park activities." Honorable Mayor and Members of City Council March 1, 1991 Page 2 The General Fund Revenue (pg 14 of Annual Budget) budgets (in item 100.428) $32,000 from park dedication fees. This is to cover the $30,000 for professional services and the 2,000 for restroom building improvements (pg. 58 of Annual Budget, item 145.970). Both are appropriate. In the budget message, the park master plan was highlighted (pg. 4 of letter) and the source of funding mentioned. Also, in listening to the tapes of the budget work session held on July 31, 1990, the use of park fees to fund the study was specifically addressed and discussed. I recall specifically mentioning this at some Park Board meeting, however, perhaps my memory is faulty and I did not talk about it. One thing is certain: if it was discussed at all, the use of park fees were included in the discussion. I would not have told the Park Board something other than what had been discussed with the City Council. Back to the fund accounting. According to GAAFR (pronounced Gaffer, which is an acronym for Governmental Accounting, Auditing, and Financial (W Reporting), the bible for governmental accounting and financial reporting, funds used in government are classified into three broad categories: governmental, proprietary, and fiduciary. The majority of all governmental resources are accounted for in the general fund. We have placed the park dedication fees here, just as we have the street and road maintenance fund, (which is also restricted). Once we receive enough fees, we will establish a Special Revenue Fund in the budget document. We are not there yet. We may be hard pressed to have enough to pay for the park master plan this year. However, the funds are accounted for by separate line item so they will not be "lost" in the budget. To date we have collected $3,000 in park fees. These are from the Cedar Oaks Subdivision, received 10/15/90. After you approve the selection of the consultant, you can make some comment about how we are going to pay for this and we will elaborate to the point necessarv, but there can be no deliberation beyond this since the fees are not an agenda item. If you feel a need to do something different, we can set an item on a subsequent agenda. Honorable Mayor and Members of City Council March 1, 1991 Page 3 5. Agenda Item No. 9. Playground Equipment in Park. This is a continuation of a project initiated by the Park Board in 1989. The Phase I (indicated as existing in the handouts from the Park Board) improvements cost $3,419. The funds for the Phase II improvements are proposed to come from the Parks and Recreation Special Revenue Fund, which is derived from the advertising signs on the ballfield outfield fences. The expenditure as requested is appropriate. The improvements will be an asset to the park. Point of Interest. Note the Steve Bender memo refers to the Park Board "treasure" and to Steve Bender as the "Budget Director." The Park Board Ordinance #515 creates the positions of chairman, vice-chairman, and secretary. 6. Agenda Item No. 10. Park Use Policy. Note that the Park Board will be considering this item again on Monday evening, March 4. 7. Agenda Item No. 11. Comprehensive Annual Financial Report. This marks our first CAFR (pronounced Caffer), which is a GAAFR report. The CAFR moves the audit to a higher plane, with more disclosure and financial management reports. Lou Ann Heath, our Finance Officer, has spent most of the last month working with the auditors to get us to this point. The report will not be delivered until Tuesday. 8. Agenda Item No. 12. Humane Society Agreement. The Budget Year 1989-90 had $25,000 budgeted with the anticipation of entering into a contract with the Humane Society. The contract was amended to reflect a one-time entry charge and a per animal charge. During 1989-90 the City spent $8,921, which included the membership fee. During the 1990-91 budget year we have spent $125 of a budgeted $4,000. There has been a bill submitted to the City, but we have asked Mr. Burns, the treasurer of the Humane Society, to itemize the bill before payment is rendered. (See attached) 9. Agenda Item No. 14. Animal Control Ordinance. This item is intended to be a starting point. Your input will be appreciated. Honorable Mayor and Members of City Council March 1, 1991 Page 4 This represents a continuation of our attempts to update our ordinances. The existing animal control ordinance (#254) was adopted in 1989 and in 1987 (#354). OTHER ITEMS OF INTEREST 10. Keller/Fort Worth Water Contract. It appears that the Fort Worth customer city Water System Advisory Committee is nearing agreement with the City of Fort Worth over the amendment to its uniform contract with its water customers. The amendments will impose the "Wholesale System Access Fee" in the amounts noted in the attachment hereto. Only our contract among the customer cities does not provide for the access fee charge (which also means that Keller is excluded from the charge). The Fort Worth City Council is taking the position that it will settle the controversy only if all customer cities agree. Originally we were told this applied only to customers with the uniform contract, however, we are now being told that we must also agree to the amendment before Fort Worth will settle. Fort Worth maintains it is necessary that all of their customer cities be charged by the same formula. If this proves to be the case, we will in effect be holding up the settlement for the others if we do not agree to the amendment. There are other issues involved in our contracts with Fort Worth and Keller. * Our original agreement with Fort Worth does not recognize our right to sell water to Keller. * As a result of the Compromise and Settlement Agreement in the dispute between Fort Worth, Keller, and Southlake, over Keller's taking of water from the Pearson Lane meter in 1988, the City of Fort Worth now recognizes our right to sell water to Keller. We are still responsible for the payment to Fort Worth. Fort Worth bills Southlake, and we in turn bill Keller for its water usage. Southlake and Keller have a letter of understanding concerning how the bill is to be divided, however there is no contract. If the actors change, or if a significant Honorable Mayor and Members of City Council March 1, 1991 Page 5 question arises concerning a bill, the good working relationship between Southlake and Keller could change. * Our amended water contract with Fort Worth, as a result of the Compromise and Settlement Agreement, recognizes our right to sell water to Keller, but has a provision that requires us to amend our contract with Keller to prohibit Keller from reselling water. Keller will not agree to this provision, cannot, because it has separate agreements in place with Lake Turner MUD (assuming it is not yet dissolved). The upshot of the above is that Fort Worth may have a legitimate claim that an "agreement" may not actually be consummated and that the amended water contract is not binding. Keller has at least two other ongoing disagreements with Fort Worth: the amount of money Keller owes Fort Worth for water taken from Keller's other point of delivery (under its separate water contract with Fort Worth); Keller's water service area along its boundary with Fort Worth (the CCNs). Concerning the former, Keller maintains that Fort Worth should charge Keller as if there is only one contract, whereas Fort Worth maintains that Keller should pay according to the terms of the two separate contracts (i.e., the Fort Worth/Keller contract and the Fort Worth/Southlake/Keller contract). The point of contention centers around the peaking charges permitted under each. This dispute if unresolved will likely bring us into any lawsuit that either party decides to file. The two sides are still at loggerheads over this issue, and no imminent resolution is apparent. Fort Worth in recent years has annexed property that lies within areas for which Keller has previously obtained certificates of convenience and necessity. With the annexations Fort Worth also has a CCN for the areas. Where Keller has no lines in place, Fort Worth will be able to extend its water service to the area. Where Keller has lines in place with on-line customers, Fort Worth will be required to reimburse Keller for its value in the ground before Fort Worth can extend service to the Keller customers in Fort Worth. The sticking point is the compensatory value. Both Keller and Fort Worth would like to resolve this issue. 01 ' Honorable Mayor and Members of City Council March 1, 1991 Page 6 Southlake and Keller have a similar problem, with approximately 150 Southlake residences on Keller water. The exact number is uncertain; we are attempting to get an accurate count. They are in the area east of FM1938 and Randol Mill Ave. If the number is 150, this would amount to more than $40,000 annually just on the minimum bill. As we've discussed previously, we would like to work out a solution but we can anticipate difficulty in arriving at the compensatory value. The one exception will be along FM1938, where the water lines must be relocated due to the widening of the road. Since Keller will have to remove the existing lines, we will extend our water lines and pick up the customers. We may have a few hoops to jump through, but Keller should not have any compensatory value. We will request that Keller voluntarily release its CCN in this particular area. This doesn't resolve the other Keller lines in Southlake. An exploratory solution proffered by Richard Sawey, Director of the Fort Worth Water Department, has potential for resolving all of the above situations. The suggested solution would entail: 1) The City of Fort Worth assuming operations and maintenance on the Southlake Keller pump station and water line from the Beach Street Ground Storage Station to the Pearson Lane meter box 2) Fort Worth charging Southlake only for water flowing through the Pearson Lane Southlake meter and charging Keller for water flowing through its Pearson Lane meter 3) Fort Worth agreeing to charge Keller by one method combining the total volume from the two points of delivery 4) Fort Worth and Keller resolving their CCN area conflict, to include agreement on the compensatory value of the Keller lines to be abandoned 5) Keller and Southlake resolving the matter of the Southlake residences on Keller water, with an appropriate compensatory value to Keller for the loss 6) Southlake agreeing to the uniform water contract that all other customer cities have agreed to. r Honorable Mayor and Members of City Council March 1, 1991 Page 7 The suggested solution (not an actual offer, just a discussion point) has merit. If we entered the uniform contract, we would be required to charge each new water customer as set out in the attached exhibit. Our standard 1" residential meter size will add $440.48 to the cost of a new house. The access fee, like the other fees, is regressive. It would not greatly affect the cost of a $200,000 house but would affect the cost of a $60,000 house. 11. Note the attached news release and letter from Lone Star Gas. desirable to maintain, the City Council may grant an exception from the strict application of these minimum dimensions whenever it determines that by doing so the protection and preservation of such areas will be promoted. Section 7.03 Fees in Lieu of Dedication: In order to ensure that park and open space areas are provided in such locations and sizes as to best meet the recreational needs of the community, the City Council has established a provision to receive the payment of fees in lieu of the dedication of land area. A. Annually, during its budget adoption process, the City Council of the City of Southlake shall establish a raw acreage acquisition cost figure to be used in calculating park fees. The Council shall, after reasonable study and investigation and based upon the best available information as to land and property values within the community determine what the cost would be of acquiring one acre of vacant land in a developing area of the community. This figure shall be the raw acreage cost under which all park fees are calculated for the budget year. B. If a developer should be required or choose to make a payment of fees in lieu of the dedication of land for park and recreation purposes he will notify the Planning and Zoning Commission of the number of acres projected for development in his final plat at the time of final plat submission. The City will then determine how much land the developer would have been required to dedicate by determining what percentage of a full 50 lot residential or 50 acre commercial or industrial subdivision is covered by the land area within the area to be platted. Where a developer is proposing to pay a fee in lieu of land dedication for an area larger than 50 lots, the method of calculation is identical but the percentage will exceed one hundred percent. C. The subdivider will pay the applicable fee to the City Secretary prior to the execution and approval of the Developer Agreement. D. Funds received by the City Secretary pursuant to this provision will be deposited in a special esie— w acco urinated as the Park -Land Account of the City of Sthlake. Funds place in this account may be expended only or purc ase, lease, or other acquisition of park and open space areas by the City of Southlake, the improvement and site preparation of such areas and sites, the extension of utilities to such sites, the installation of landscaping, play equipment or recreation improvements on such sites, and/or attendant engineering and planning costs associated) with such park activities. Funds placed in this account may not be utilized for any other general business activity of the Cites All expenditures from this fund shall be made in accordance with 7-4 u the City's park and recreation plan and shall be approved by th City Council of the City of Southlake, Texas. q 4 Any individual, organization or entity desiring to make a contribution to the park and recreation system of the City of Southlake may contribute funds to be placed in this account. Once funds have been placed in this specific account of the City, they are bound by the restriction on use encumbering funds paid as a fee dedication requirement. Section 7.04 Character of Dedicated Land: 1. Land dedicated or otherwise set aside for open space and park and recreational areas shall be of such size, dimensions, topography, and general character as is reasonably required for the type of use necessary to meet the demand and need of future residents, e.g., open space buffer, active recreation for team or individual sports, playground, tot lot, picnic area, etc. 2. Natural areas or flood plains which provide unique opportunities may be included in areas dedicated or otherwise set aside or reserved for open space. In considering any area for dedication which does not meet the standards of this ordinance and where the ordinance allows the municipality to employ its discretion, the following may be considered: a. Preservation area of unique natural beauty, area possessing unique natural features, or other ecologically valuable areas. b. Facilities may be developed in partial fulfillment of required parkland dedication. C. Whether the area is proposed to be contiguous to an existing or proposed school site. d. A combination of land dedication and fees paid in lieu of a portion of the land dedication. e. Where developments are contiguous two or more required dedications may be combined to form a single, viable park area. f. Acreage dedication which would expand existing parks or recreation facilities. g. An applicant may transfer the required parkland in a subdivision to another location owned by the same applicant within the City of Southlake with the consent of the City. 7-5 0 I-IL.TMANE SOCIETY OF NORTH TEXAS Fr,,.f Wort n Jtioanoke i/) CL'ory 1ir'ing creature Curtis S. Hawk City Manager City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Dear Mr. Hawk: The following bill for services during the final quarter of 1990 i s submitted here -with for payment: 54 Found animals held 3 day min. @ $6.00/day $972•00 34 Released animals 9 $7.00 . . . . . . . . . .. . 238.00 1 emergency trip (December). 15.00 .�,.. Rescued dog held 3 days 19'00 PAST D U Ea . Total $12-43.OG Thank you, . —6t4�� J n S. Burns easurer FORT WORTH 332.3943 1840 E,,e' larcas!er, Ft. Worth, Tev:s 76103 ROANOKE Box 26A, Highway 1114. V"MS1. pot 'ntac EXHIBIT "A" I. Wholesale System Access fee schedule to be collected, effective January 1, 1991. METER EQUIVALENCY SIZE FACTOR 3/4" 1 1" 1.75 1 1/2" 4 2" 7 3" 16 4" 28 6" 64 8" 100 10" 150 WATER ACCESS FEE $ 251.70 440.48 1,006.80 1,761.90 4,027.20 7,047.60 16,108.80 25,170.00 37,755.00 II. Wholesale System Access Fee schedule to be collected, effective October 1, 1991. METER EQUIVALENCY SIZE FACTOR 3/4" 1 1" 1.75 1 1/2" 4 211 7 3" 16 4" 28 6" 64 8" 100 10" 150 WATER ACCESS FEE $ 293.65 513.89 1,174.60 2,055.55 4,698.40 8,222.20 18,793.60 29,365.00 44,047.50 III. Wholesale System Access Fee schedule to be collected, effective October 1, 1992 until June 5, 1993. METER EQUIVALENCY SIZE FACTOR 3/4" 1 1" 1.75 1 1/2" 4 2" 7 3" 16 4" 28 6" 64 8" 100 10" 150 8 WATER ACCESS FEE $ 335.60 587.30 1,342.40 2,349.20 5,369.60 9,396.80 21,478.40 33,500.00 50,340.00 Lone Star Gas Company News Release Communications Department 0 301 S. Harwood Street • Dallas, Texas 75201 IN Contact: Breck Harris 817/927-6751 FOR IMMEDIATE RELEASE TARRANT COUNTY PIPELINE COMPLETED GRAPEVINE, TX... (Feb. 21, 1991) ... Additional natural gas service to northern Tarrant County is now available with the completion of a new 20-inch high -volume pipeline. The new pipeline enables Lone Star Gas Co. to move significantly higher volumes of gas into Grapevine, Southlake, Colleyville, Roanoke, Keller, northern Fort Worth and other nearby cities. Growth in this area has strained Lone Star's ability to serve LW peak -day demands. This new pipeline will add sufficient capacity to help Lone Star maintain dependable service to customers during periods of peak winter demand. "This new line enables us to stay ahead of the rapid growth curve in northeast Tarrant County," said Bobby Parker, director of operations of the Fort Worth Division of Lone Star. "And we intend to stay ahead of this tremendous growth in the years ahead." Construction on the 10.5-mile pipeline began in October. It connects with an existing 24-inch high -volume pipeline on the northwest side of Lake Grapevine. It generally follows Highway 377 southwest to a location between Roanoke and Keller, where it ties into existing Lone Star lines. FORM 6630 (PWO) 3/87 r., c (6W The new supply line was estimated to cost $3.1 million. This brings to approximately $4 million the amount Lone Star has spent on improvements to increase the volume of gas into northeast Tarrant County. 4 . DAVID W. BIEGIER Chairman and President Lone Star Gas Company A DIVISION OFEPANOWCMCORPORATION 301 S. Harwood Street a Dallas, Texas 75201 February 19, 1991 The Honorable Gary Fickes Mayor City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Dear Mayor Fickes: r' tB 2 51991 You have requested an official response from Lone Star Gas Company as to our commitment to the community of Southlake. I believe it is appro- priate for that expression to come from me. Lone Star Gas Company, as an entity and as a management group, takes very seriously its mission to provide uninterrupted gas service to its residential and commercial customers. The loss of a single customer due to our actions would be disconcerting. The loss of over 100 customers during a period of severe cold weather is an event which we consider extremely serious. No matter how accidental the event was, it does not alter the fact that these people were without gas service for several hours. We are acutely aware of this and are responding. I hope, however, that the accidental and unusual nature of the occurrence December 21, 1990 and the efforts made, projects completed and money spent since last year provide you with some assurance that we have responded since the winter of 1989 and are continuing to respond. I welcome the opportunity to assure you that Lone Star Gas Company is committed to providing uninterrupted residential and commercial gas service to all of the cities we serve and, because of the problems during the last two years, particularly the city of Southlake and nearby communities. This commitment exists not just in response to municipal governing bodies, but also because we realize that our reputation and indeed our entire culture rest on providing such a level of service. I also realize this expression of commitment is only words and the true measure must take form in actions. Let me assure you that a complete assessment of what has already been done and a description of capital 2 investment plans for the near future have been completed to reinforce our commitment to your community. I hope this expression demonstrates for you that our commitment is sincere and real. Sincerely, D. W. Bie er DWB:chs SENT BY:Butler & Binion ; 3- 1-91 ; 12:38 ; Las Colinas- ;# 2 ORDINANCE NO. 83-80 All ORDINANCP AMENDING THE "STREETS" CHAPTER OF THE CODE OF THE CITY OF ARLINGTON THROUGH THE: AMENDMENT OF ARTICLE 9 THEREOF IN ITS ENTIRETY REGARDING SIGHT OBSTRUCTIONSI PRE- SCRIBING DEFINITIONS; PROHIBITING OBSTRUC- TIONS; PROVIDING FOR ENFORCEMENT; PRESCRIBING A PENALTY FOR VIOLATION HEREOF; MAKING THIS ORDINANCE CUMTILATIVv; PROVIDING FOR A SEVER - ABILITY CLAUSE1 PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS; PRO- VIDING FOR PUBLICATION AND NAMING All EFFEC- TIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: 1. That the "Streets" Chapter of the Code of the City of Arlington is hereby 'amended through the amendment of Article IX thereof so that the same shall hereafter be and read as follows: ARTICLE 9 SIGHT OBSTRUCTIONS Section 9.01 Definitions For purposes of this article, the following definitions shall apply: a. Intersection Visibility -Triangle shall mean a triangle sight area at all street intersections. 1. For uncontrolled intersections, the intersection visibility triangle shall have the dimensions illustrated in Table 1. 2. For intersections where the approaching streets are of different sizes or where traffic traveling on one or more approaching streets is designated to stop or yield by an official traffic control device, the intersection visibility trian- gle shall have the dimensions illustrated in Table 2. 3. Where a driveway opening onto an arterial or collector street is open to the general public or serves four or more residences, the intersection visibility triangle shall have the dimensions illustrated in Table 3. b. Safe Stopping Distance shall be the distance required to react and to stop a normal vehicle on normal dry pavement. c. Parkway Area shall mean that area between the curb line or, where no curb line exists, the edge of the roadway of any public street and the abutting property line exclusive of the area lying within the the inter- section visibility triangles. d. Projerty Line, unless otherwise noted, shall mean the right-of-way line. e. Uncontrolled Intersection shall mean an intersection o two streets or more at which there are no official traffic control devices designating approaching traffic to stop or yield. add v 1�. ,o SENT BY:Butler & Binion 3— 1-91 12:39 Las Colinas- ;# 3 #—VARIABLE DISTANCE. A MINIMUM OF EIGHT (B) FEET CLEARANCE MUST BE MAINTAINED IN CASES WHERE THE DISTANCE BETWEEN THE PROPERTY LINE AND CURB IS LESS THAN EIGHT (8) FEET TABLE I UNCONTROLLED INTERSECTION NOTE: THE VISIBILITY TRIANGLE SHALL BE PROVIDED IN ALL DIRECTIONS. VISIBILITY TRIANGLE STREET I TABLE 2 CONTROLLED INTERSECTION NOTE: THE VISIBILITY TRIANGLE SHALL BE PROVIDED IN AL DIRECTIONS. r. STREET 7 F .: u R TABLE 3 DRIVEWAY AT ANY PUBLIC ST. NOTE I MEASUREMENTS ARE TAKEN rRom EDGE OF DRIVEWAY. I I' pl, SENT BY:Butler & Binion : 3- 1-91 ; 12:40 ; Las Colinas-* :# 4 Section 9.02 Obstruction Prohibited Within Visibilit Triancile a. it shall be unlawful to set out, maintain or permit or cause to be set out or maintained any tree, shrub, plant, sign, soil, fence, retainer wall or other view obstruction having a height greater than two (2) feet as measured from the top of the curb of the adja- cent streets within any visibility triangle as defined herein. This restriction shall not apply to permanent buildings authorized by the zoning ordinance or to traffic control signs and signals, street signs, fire hydrants, or utility poles placed within such area by authority of the City Council. b. The Director of Traffic and Transportation or his authorized representative shall have the power to vary the dimensions of a visibility triangle to provide a safe stopping distance for the speed limits in effect. These safe stopping distances shall be as set forth in the Transportation and Traffic Engineering Handbook, copyright 1976. Section 9.03 Obstructions Prohibited Within Parkway Areas It shall be unlawful to set out, maintain or perm t or cause to be set out or maintained any tree, shrub, plant, soil, fence, retainer wall or other view obstruction within t+ny parkway area, which exceeds two (2) feet in height above curb level. This prohibition shall not apply to trees within the parkway area not more than twelve (12) inches in diame- ter, when measured two (2) feet above curb level, when such trees are trimmed at all times so that no branch or growth is less than ten (10) feet above any portion of a city street or seven (7) feet above curb level at all other points. Section 9.04 Enforcement The Director o?- Traffic and Transportation or his authorized representative shall cause a written notice to be served upon the owner or occupant of any property upon which any of the above violations exist or upon any owner or occupant of any property which abuts any parkway area upon which any of the above violations exist to correct such violation within ten (10) days after service of such notice. If such violation is not corrected within the ten (10) day period, the Director is hereby authorized and directed to cause the tree, plant or structure constituting such vio- lation to be trimmed, pruned, or removed to eliminate such prohibited condition, with the cost of such trimming to be assessed against the property owner or abutting property owner, as the case may be. This remedy shall be in addition to any other, remedy provided in this ordinance. 4 Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed Two Hundred and No/100 Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (3) NOTICE OF THE REGULAR METING OF THE CITY COUNCIL OF TIECITY OF e City Council of as on Tuesday, March a, th f Notice is hereby given of the Regular Meeting othe at 7a30 PM, the City of Keller, Tex at the Keller City Hall located at lea and twillll�besthe elsubjectorrsubjects The following items will be consider of said meeting. pRE-COUNCIL MEETING AT 6:00 PM A. WORK SESSION 1. Feceive presentation from staff project. re: Timberknoll Estates paving 2. Discuss park development budgets for Bear Road Park. Creek Park and Johnson City 3. Discuss setting a date for a Joint mision Sesandsthe Ke11eXion with hEconomic Council, Planning and zoning Coms Development Council regarding the zoning ordinance revision. 4. Discuss enforcement for Political sign regulations. 5. Receive report from staff regarding a wary. ay for school children Wales Drive to Shady Grove 6. Discuss filling vacancies on the Planning and Zoning Commission and the Parks and Recreation Board. 7. Discuss administrative facilities for the Keller Fire Department. 8. Staff Directives. B. pRE-COUNCIL MEETING 1. Discuss and review agenda items. 158 MAIN STREET 0 P.O. BOX 770 • KELLER, TEXAS 76248 • (817) 431 1517 u Page Two of Two (tity Council Agenda March 51 1991 REGULAR MEETING AT 7:30 PM A. CALL THE MEETING TO ORDER MAYOR NICK POWELL B. INVOCATION C. CONSENT AGENDA 1. Consider approval of the minutes of the Special City Council Meeting on February 11, 1991. 2. Consider approval of the minutes of the Regular City Council Meeting on February 19, 1991. 3. Consider award of bid for the pavement patching machine. 4. Consider awarding bid for purchase of a multipurpose van for use by the Keller Police D.A.R.E./Crime Prevention Unit. D. OLD BUSYNESS -- NONE ,E. NEW BUSINESS 1. Receive presentation from the charter Review Committee regarding charter amendments -- Jay Lindsey, 2. Receive presentation from Knowlton -English -Flowers regarding the Master Drainage Study. 3. Consider awarding the bid for construction of the Rufe Snow Extension to FM 1709. 4, Consider a resolution supp orting the realigning of postal zip code boundaries to include all of the City of Keller, Texas under one zip code. F. ANNOUNCEMENTS G. ADJOURN CERTIFICATE I hereby certify that the above notice officialdbulletin boa open atMeetings Law, V.T.A.S., Article 6252 17, on the Mar 1, 1991. at 5:00 PM. Keller City Hall, 158 South Main, on Friday She"° La tephe s, city Secretary 1— 9 1 FRI 1 6: r56 CITY OF C O L L E Y V I L L-E r CITY COUNCIL AGENDA P . 0 1 400 Braneford Road MARCH 5, 1991 6s1S P.M. TVESDAY NIGHT LL CITIZENS WISHING TO ADDRESS THE COUNCIL MUST COME TO THE PODIUM AND IDENTIFY THEMSELVES 115 P.M. Call to Orders Mayor Chris Hawkins oll Calls Council Linda Ahlere, Richard Newton, Steve McKain, Cheryl Feigel, Ed McKnight nvocations Councilperson Ed McKnight ledge of Allegiances pproval of Minutes: February 19, 1991 :30 P.M. - 7s3O P.M. 1. EXECUTIVE SESSION - In accordance with Article 6252-17 Sec 2 i paragraph e - Land Acquisition - Park and Community Facilities paragraph a - Land Acquisition - Pool Road - Right -of -Way paragraph f - Litigation - Discussion of Powell Litigation paragraph f - Legal - Potential Litigation - 8&W Cabinets paragraph g - Personnel - Appointments to Master Plan Committee paragraph g - Personnel - Appointments to Bond Issue Committee 2. Possible Action from Executive Session - In accordance with Article 6252-17 Sec 2 paragraph e - Land Acquisition park and Community Facilities paragraph e - Land Acquisition - Pool Road - Right -of -Way paragraph f - Litigation - Discussion of Powell Litigation paragraph f - Legal - Potential Litigation - 8&W Cabinets paragraph g - Personnel - Appointments to Master Plan Committee paragraph g - Personnel - Appointments to Bond Issue Committee RRESPONDENCE: SCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALss' OUNCEMENTS, PROCLAMATION, PRESENTATIONS: SENT: 7:30 p.m. Reading and Public Hearing - Resolution R-91-665 - Consent Itemss a. Approval of Combination Preliminary Plan and Final Plat, P-90-876,. Kuhlman Addition, 601 and 605 L.D. Lockett Road b. Approval of Amended Plat for Summertree III for the addition of a utility easement C. Awarding of bid for 1/2 ton pickup for Animal Control Officer d. Awarding of bid for mowers for Park Department e. Approval of Parking Lot Improvements at City Park f. Approval of the support for the Community Development Block Grant by United Way LIC BEARINGS Reading and Public Hearing - Resolution R-91-661 - Resolution Approving the City Park Development Master Plan 3rd Reading and Public Hearing - Ordinance 0-90--803 - An Ordinance Amending the Zoning Ordinance at the request of Norwood National Corp., Case z-90-855. Zoning Change Request from AG to R-20, 56.282 acre tract out of the S. Cotrial Survey, Abstract 3280 B.C.H. Survey, Abstract 1619, and the Griffith Estates, Lot, Block 1 (Located off the north end of Montclair Road) - Montclair Estates - TABLED P-0, BOX 105 COLLEYVILLE, TEXAS 76034 (817) 281-4044 — 1— 9 1 PRI 1 6: S s CITY OF C O L L E Y V ILL E P . 02 6. 3rd Reading and Public Hearing - ordinance 0-90-800 - An Ordinance Amending the Zoning Ordinance at the request of L.T.D. Induetries, Inc., Case Z-90-8451 Zoning Change from AG to Pup-R, 14.387 acre tract out of the C.C. Does Survey, Abstract 439 and G.W. Hinter Survey, Abstract 1034, (Location - Glade Road and across from Melrose Park Drive) - Hollowbrook Springs - TABLED 7. 3rd Reading and Public Hearing - Ordinance 0--90-805 - An Ordinance Amending the Zoning Ordinance at the request of David Bagwell Co., Case 2-90--870 - Zoning Change from R-20, PUD-R to R-20, PUD-R, 20.379 acre tract out the C.C. Does Survey Abstract 439, (Location - Glade Road and across from Woodland Hills next to Hollowbrook springs) - Ashmore II - TABLED �8( 3rd Reading and Public Hearing - ordinance 0-91-910 - An Ordinance Establishing a f Landscape Ordinance for the City of Colleyville - TABLED 2nd Reading and Public Hearing - Ordinance 0-91-813 - An Ordinance Chapter 7 of the City Codification Pertaining to Nuisances Reading and Public Hearing - Resolution R-91-662 - Resolution Establishing and Appointing a Master Plan Committee . Reading and Public Hearing - Resolution R-91-663 - Resolution Establishing and Appointing a Bond Committee 2nd Reading and Public Hearing - Ordinance 0-91-812 - An Ordinance Amending Chapter 3 of the City Codification and Establishing a new Sign Ordinance Reading and Public Hearing - Resolution 659 A - Consideration and Approval of Master Plan Consulting Agreement with Schrickel, Roiling, and Associates, Inc. Reading and Public Hearing - Resolution 659 B - Consideration and Approval of Master Plan Consulting Agreement with University of Texas at Arlington 1st Reading and Public Hearing - Ordinance 0-90-799 - An Ordinance Governing the Operation and Inspection of Public swimming Poole and Spas rION ITEMS# Discussion and Consideration of City's participation in Glade Points Addition Street participation Discussion and Consideration of City's participation in Summertree III waterline participation Discussion and Consideration of Woodland Hills Erosion Control study report Discussion and Consideration of the TU Electric service center Reports of Advisory Boards and Commissions a. Minutes of Planning and Zoning Commission b. Minutes of Zoning Board of Adjustment c. Minutes of Park and Recreation Board d. Minutes of Charter Review Committee e. Library Study Committee Update F REPORTSs City Manager's Report ZEN COIF MENTS e Citizen Comments/Presentation Regarding Items not on the Agenda Miscellaneous Items by the Council ON RESOLUTIONS Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the Meeting of March 5, 1991 - Reading and Public Hearing - Resolution R-91-666 Adjournment 'ertify that the above agenda was posted on the Bulletin Board at City Hall on March 1, 1 at 400 p.m. aa`da Johnson City Secretary WEAVER AND TIDWELL AFFILIATIONS CERTIFIED PUBLIC ACCOUNTANTS FORT WORTH OFFICE SUMMIT INTERNATIONAL MEMBERS OF THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS 1500 COMMERCE BUILDING ASSOCIATES, INC TWO GALT RIA TOWER 307 WEST SEVENTH STREET ASSOCIATED REGIONAL 13455 NOEL ROAD. SUITE 520 FORT WORTH. TEx s 76102 ACCOUNTING FIRMS DAI.LAS, TEXAS 75240-9990 (817) 332-7905 (214) 490-1970 METRO 263-3978 METRO 429-0820 TELECOPIER (214) 702-8321 January 28, 1991 Members of the City Council and City Manager City of Southlake, Texas In planning and performing our audit of the financial statements of the City of Southlake, Texas for the year ended September 30, 1990, we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control structure. Our assessment of the internal control structure was limited to obtaining an understanding of the internal control structure sufficient to plan our audit and did not include tests of control policies and procedures. However, we noted certain matters that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control structure that, in our judgement, could adversely affect the organization's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. The City's internal control structure consists of policies and procedures established by management to provide reasonable, but not absolute, assurance that the financial data are recorded, processed, summarized, and reported consistent with the assertions embodied in the financial statements. In establishing those policies and procedures, management assesses their expected benefits and related costs. Because of the inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any assessment of the internal control structure to future periods is subject to the risk that policies or procedures may become inadequate because of changes in conditions or that the degree of compliance with the policies or procedures may deteriorate. WEAVER AND TIDWELL City of Southlake, Texas January 28, 1991 Page Two WATER FUND RECEIVABLES The City has implemented a water fund billing system which posts related receivables and collections from these activities directly to the general ledger. However, the general ledger's outstanding receivable balance has never been reconciled with the related receivable subsidiary ledger. We recommend that outstanding receivables from the system be reconciled to the general ledger monthly and a policy be established for charging off old outstanding receivable balances. TAXES Our audit disclosed that the City was not reconciling activities affecting tax receivables. We recommend that the City initiate procedures to ensure the reconciliation of assessed values including supplements with the appraisal values; and collections and adjustments with amounts credited against outstanding receivables. GARBAGE COLLECTION PAYMENTS During the current year the City revised its contract for garbage collection services. The current contract requires the City to pay 90% of collections to the contractor. The city is currently calculating payment for garbage services based upon total billings as opposed to receipts. We recommend the City begin calculating its payments for such services based upon receipts from garbage billings. DEBT ISSUANCES During the year the City issued bonds and entered several contractual obligations with the Trinity River Authority (TRA). Activities related to the issuance and subsequent expenditures of the proceeds from one issue were recorded in the wrong fund. Contractual obligations with the TRA were unrecorded along with activities related to these projects and unexpended funds. Furthermore, original documents related to these debts and obligations were difficult to locate. We recommend the City record all debt and activities relating thereto in the appropriate funds. Financial information related to the TRA projects should be obtained periodically to properly record and monitor activity and progress. n WEAVER AND TIDWELL City of Southlake, Texas January 28, 1991 Page Three GENERAL AND PROPRIETARY FIXED ASSETS Currently, the City does not maintain detail records of general fixed assets (assets acquired with governmental funds) or proprietary fixed assets (water and sewer fund depreciable assets) . We recommend the City establish detail records of fixed assets (other than infrastructure) and maintain appropriate systems and procedures to insure that fixed assets are adequately controlled. CONCLUDING COMMENTS The foregoing conditions were considered in determining the nature, timing and extent of audit tests to be applied in our examination of the financial statements, and this letter does not modify our report dated January 18, 1990 on such financial statements. We would like to point out that this letter is critical in that it points out weaknesses noted. It does not include the City's many strong features which we also noted. If we may be of assistance in further discussion or implementation of the above comments, please feel free to call upon US. We appreciate the opportunity to be of service and wish to express our appreciation to the officials and employees of the City for their cooperation and assistance during the course of the examination. JLG:cck Yours very truly, WEAVER AND TIDWELL err ZL.Gaither Partner CITY MEETINGS CALENDAR CITY COUNCIL MEMBERS City Council 1st and 3rd Tuesday 6:30 pm Work Session 7:30 pm Regular Session City Hall Planning and Zoning 1st and 3rd Thursday 7:30 pm, City Hall Parks and Recreation Board 1st and 3rd Monday 7:00 pm, City Hall Zoning Board of Adjustments 2nd and 4th Thursday 7:00 pm, City Hall CURRENT BOARDS AND COMMISSIONS Planning and Zoning: Joe Wright, Chmn. Buddy Luce, Vice Chmn. Lawrence Samartin Aloha Payne Stephen Apple Lanny Tate Zoning Board of Adjustments: Art Sorenson, Chmn. Fred Joyce Robert Downard Joe Bentley Ernest Johnson Dennis Minder, Alt 1 Patty McCarty, Alt 2 Parks and Recreation: Janet Murphy, Chmn. Richard Lantz, Sec. Randy Robertson Ann Barnes Terry Mitchell Rick Roberts Michael Jurecka Steve Bender Lynne Haggerty Library Committee: Karen Apple Phyllis Adler Carol Hamilton Velma Gray Mayor Gary Fickes Place 1 Rick Wilhelm Place 2 Betty Springer Place 3 Jerry Farrier Place 4 Sally Hall Place 5 W. Ralph Evans Place 6 HELPFUL PHONE NUMBERS City Hall 481-5581 Chamber of Commerce 481-8200 City Manager ext. 702 City Secretary ext. 703 Zoning Admin. ext. 743 Public Safety Director ext. 725 Fire Chief ext. 735 Public Works Director ext. 741 City Planner ext. 744 <Other Suggestions for Columns: Police Report City Staff Member Profiles Opportunities for Citizen Involvement Opportunities for Citizen Suggestions @ newsletter> THE CITIZENS' NEWSLETTER March 1991 (or Spring 1991) CURRENT CITY PROJECTS Continental Park, etc. XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX XXXXXX City of Southlake 667 N. Carroll Ave. • Southlake, Texas 76092 ITEMS OF INTEREST Local Activities, Events, etc. XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX OTHER PROJECTS wwuuj�i-o* '0 , Vol.1, No.1 Vj THE MAYOR'S CORNER BULK RATE U.S. POSTAGE PAID TX PERMIT No. 8 P] CITY MEETINGS CALENDAR CITY COUNCIL MEMBERS City Council 1st and 3rd Tuesday 6:30 pm Work Session 7:30 pm Regular Session City Hall Planning and Zoning 1st and 3rd Thursday 7:30 pm, City Hall Parks and Recreation Board 1st and 3rd Monday 7:00 pm, City Hall Zoning Board of Adjustments 2nd and 4th Thursday 7:00 pm, City Hall CURRENT BOARDS AND COMMISSIONS Planning and Zoning: Joe Wright, Chmn. Buddy Luce, Vice Chmn. Lawrence Samartin Aloha Payne Stephen Apple Lanny Tate Zoning Board of Adjustments: Art Sorenson, Chmn. Fred Joyce Robert Downard Joe Bentley Ernest Johnson Dennis Minder, Alt 1 Patty McCarty, Alt 2 Parks and Recreation: Janet Murphy, Chmn. Richard Lantz, Sec. Randy Robertson Ann Barnes Terry Mitchell Rick Roberts Michael Jurecka Steve Bender Lynne Haggerty Library Committee: Karen Apple Phyllis Adler Carol Hamilton Velma Gray Mayor Gary Fickes Place 1 Rick Wilhelm Place 2 Betty Springer Place 3 Jerry Farrier Place 4 Sally Hall Place 5 W. Ralph Evans Place 6 HELPFUL PHONE NUMBERS City Hall 481-5581 Chamber of Commerce 481-8200 City Manager ext. 702 City Secretary ext. 703 Zoning Admin. ext. 743 Public Safety Director ext. 725 Fire Chief ext. 735 Public Works Director ext. 741 City Planner ext. 744 <Other Suggestions for Columns: Police Report City Staff Member Profiles Opportunities for Citizen Involvement Opportunities for Citizen Suggestions @ newsletter> THE CITIZENS' NEWSLETTER March 1991 (or Spring 1991) CURRENT CITY PROJECTS Continental Park, etc. XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX City of Southlake 667 N. Carroll Ave. • Southlake, Texas 76092 ITEMS OF INTEREST Local Activities, Events, etc. XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXX XX XXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXX XXXXXXX Vol.1, No.1 OTHER PROJECTS THE MAYOR'S CORNER XXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXX BULK RATE U.S. POSTAGE PAID ,TX PERMIT No. 8 E F. CITY MEETINGS CALENDAR CITY COUNCIL MEMBERS City Council 1st and 3rd Tuesday 6:30 pm Work Session 7:30 pm Regular Session City Hall Planning and Zoning 1st and 3rd Thursday 7:30 pm, City Hall Parks and Recreation Board 1st and 3rd Monday 7:00 pm, City Hall Zoning Board of Adjustments 2nd and 4th Thursday 7:00 pm, City Hall CURRENT BOARDS AND COMMISSIONS Planning and Zoning: Joe Wright, Chmn. Buddy Luce, Vice Chmn. Lawrence Samartin Aloha Payne Stephen Apple Lanny Tate Zoning Board of Adjustments: Art Sorenson, Chmn. Fred Joyce Robert Downard Joe Bentley Ernest Johnson Dennis Minder, Alt 1 Patty McCarty, Alt 2 Parks and Recreation: Janet Murphy, Chmn. Richard Lantz, Sec. Randy Robertson Ann Barnes Terry Mitchell Rick Roberts Michael Jurecka Steve Bender Lynne Haggerty Library Committee: Karen Apple Phyllis Adler Carol Hamilton Velma Gray Mayor Gary Fickes Place 1 Rick Wilhelm Place 2 Betty Springer Place 3 Jerry Farrier Place 4 Sally Hall Place 5 W. Ralph Evans Place 6 HELPFUL PHONE NUMBERS City Hall 481-5581 Chamber of Commerce 481-8200 City Manager ext. 702 City Secretary ext. 703 Zoning Admin. ext. 743 Public Safety Director ext. 725 Fire Chief ext. 735 Public Works Director ext. 741 City Planner ext. 744 <Other Suggestions for Columns: Police Report City Staff Member Profiles Opportunities for Citizen Involvement Opportunities for Citizen Suggestions @ newsletter> THE CITIZENS' NEWSLETTER March 1991 (or Spring 1991) CURRENT CITY PROJECTS Continental Park, etc. XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX City of Southlake 667 N. Carroll Ave. • Scuthlake, Texas 76092 ITEMS OF INTEREST Local Activities, Events, etc. XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX Vol.1, No.1 OTHER PROJECTS THE MAYOR'S CORNER BULK RATE U.S. POSTAGE PAID ,TX PERMff No. 8 E P] CITY MEETINGS CALENDAR CITY COUNCIL MEMBERS City Council 1st and 3rd Tuesday 6:30 pm Work Session 7:30 pm Regular Session City Hall Planning and Zoning 1st and 3rd Thursday 7:30 pm, City Hall Parks and Recreation Board 1st and 3rd Monday 7:00 pm, City Hall Zoning Board of Adjustments 2nd and 4th Thursday 7:00 pm, City Hall CURRENT BOARDS AND COMMISSIONS Planning and Zoning: Joe Wright, Chmn. Buddy Luce, Vice Chmn. Lawrence Samartin Aloha Payne Stephen Apple Lanny Tate Zoning Board of Adjustments: Art Sorenson, Chmn. Fred Joyce Robert Downard Joe Bentley Ernest Johnson Dennis Minder, Alt 1 Patty McCarty, Alt 2 Parks and Recreation: Janet Murphy, Chmn. Richard Lantz, Sec. Randy Robertson Ann Barnes Terry Mitchell Rick Roberts Michael Jurecka Steve Bender Lynne Haggerty Library Committee: Karen Apple Phyllis Adler Carol Hamilton Velma Gray Mayor Gary Fickes Place 1 Rick Wilhelm Place 2 Betty Springer Place 3 Jerry Farrier Place 4 Sally Hall Place 5 W. Ralph Evans Place 6 HELPFUL PHONE NUMBERS City Hall 481-5581 Chamber of Commerce 481-8200 City Manager ext. 702 City Secretary ext. 703 Zoning Admin. ext. 743 Public Safety Director ext. 725 Fire Chief ext. 735 Public Works Director ext. 741 City Planner ext. 744 <Other Suggestions for Columns: Police Report City Staff Member Profiles Opportunities for Citizen Involvement Opportunities for Citizen Suggestions @ newsletter> THE CITIZENS' NEWSLETTER March 1991 (or Spring 1991) CURRENT CITY PROJECTS Continental Park, etc. XXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX XXXXICOXXXXXXXXXXXXXXXX City of Southlake 667 N. Carroll Ave. • Southlake, Texas 76092 ITEMS OF INTEREST Local Activities, Events, etc. XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX Vol.1, No.1 OTHER PROJECTS XXXXXXXXXXXXX THE MAYOR'S CORNER XXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXX XXXX XXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXX BULK RATE U.S. POSTAGE PAID TX PERMIT No. 8 THE CITIZENS' NEWSLETTER March 1991 (or Spring 1991) CURRENT CITY PROJECTS Continental Park, etc. OTHER PROJECTS Vol.1, No.l XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXX XXXXXX XXXXXXXXXXXXXXXX City of Southlake 667 N. Carroll Ave. • Southlake, Texas 76092 ITEMS OF INTEREST Local Activities, Events, etc. XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX IN THE MAYOR'S CORNER BULK RATE U.S. POSTAGE PAID TX PERMIT No. 8 CITY MEETINGS CALENDAR CITY COUNCIL MEMBERS City Council 1st and 3rd Tuesday 6:30 pm Work Session 7:30 pm Regular Session City Hall Planning and Zoning 1st and 3rd Thursday 7:30 pm, City Hall Parks and Recreation Board 1st and 3rd Monday 7:00 pm, City Hall Zoning Board of Adjustments 2nd and 4th Thursday 7:00 pm, City Hall CURRENT BOARDS AND COMMISSIONS Planning and Zoning: Joe Wright, Chmn. Buddy Luce, Vice Chmn. Lawrence Samartin Aloha Payne Stephen Apple Lanny Tate Zoning Board of Adjustments: Art Sorenson, Chmn. Fred Joyce Robert Downard Joe Bentley Ernest Johnson Dennis Minder, Alt 1 Patty McCarty, Alt 2 Parks and Recreation: Janet Murphy, Chmn. Richard Lantz, Sec. Randy Robertson Ann Barnes Terry Mitchell Rick Roberts Michael Jurecka Steve Bender Lynne Haggerty Library Committee: Karen Apple Phyllis Adler Carol Hamilton Velma Gray Mayor Gary Fickes Place 1 Rick Wilhelm Place 2 Betty Springer Place 3 Jerry Farrier Place 4 Sally Hall Place 5 W. Ralph Evans Place 6 HELPFUL PHONE NUMBERS City Hall 481-5581 Chamber of Commerce 481-8200 City Manager ext. 702 City Secretary ext. 703 Zoning Admin. ext. 743 Public Safety Director ext. 725 Fire Chief ext. 735 Public Works Director ext. 741 City Planner ext. 744 <Other Suggestions for Columns: Police Report City Staff Member Profiles Opportunities for Citizen Involvement Opportunities for Citizen Suggestions @ newsletter> 9 r City of Southlake, Texas � s ` MEMORANDUM March 1, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: BIDS FOR TWO MIDSIZE PICKUP TRUCKS AND TOW PAVER On Wednesday, February 27, 1991 at 10:00 a.m., bids were opened and read aloud for two (2) midsize pickup trucks and for a tow paver. The bids submitted are attached and the bid tabulations are as follows: T O W P A V E R Delivery Time In Vendor Quantity Calendar Days Amount Cooper Mach. 1 15 12,911.01 Corporation* U & D 1 30 13,146.00 Enterprizes * Cooper Machinery Corporation warranty is 1-year full warranty. M I D S I Z E P I C K U P T R U C K S Delivery Time In Vendor Quantity Calendar Days Amount Manuel Chrysler 2 45-90 19,212.00 Dodge* Jerry's 2 60-90 20,364.00 Chevrolet Payton -Wright 2 45-60 21,878.00 Ford * Manuel Chrysler Dodge warranty is seven years, 70,000-mile limited warranty. In the 1990-91 Street Division budget, one midsize pickup, one 3/4-ton pickup and one tow paver was budgeted at $36,000. The total low bid for all three pieces of equipment was $34,614.01, a savings of $1,385.99. City of Southlake, Texas ' Curtis E. Hawk March 1, 1991 Page 2 In the Public Works Department, five (5) vehicles (three 3/4-ton and two midsize pickup trucks) and one tow paver were budgeted at a total cost of $75,000. The actual low bid amount for the five (5) vehicles and one piece of equipment was $68,414, a savings of $6,586. It should also be pointed out that the amount bid for the two extended cab pickups was $20,194 and the low bid amount for the midsize pickups was $19,212, a savings of $982. Therefore, Staff recommends that the low bidder for the tow paver, Cooper Machinery Corporation, be awarded the bid at a cost of $12,911.01 and that the low bidder for the two (2) mid -size pickup trucks, Manuel Chrysler Dodge, be awarded the bid at a cost of $19,212. Please place this item on the agenda for the Council's consideration. If you have any questions, please contact me. MHB/lc attachment Ugly or wuunaKe, i exaS Bid Specification for a Layton H-500B Tow Paver or Equal for the City of Southlake Bid Date: 10:00 a.m., February 27, 1991 I. The City of Southlake is accepting bids on a Layton H-500B Tow Paver or Equal as specified herein. The bids are to be delivered to the office of the City Secretary prior to 10:00 a.m. on February 27, 1991. At that time the bids will be publicly opened and read aloud. Bids received after the specified time will not be considered. II. The City reserves the right to reject any and all bids and to waive any informalities. III. Base Bid: Contractor shall furnish a Layton H-500B Tow Paver or equal as specified for the lump sum of .... $ 12,911.01 IV. Time of Delivery: Contractor agrees to furnish the machine specified within 15 calendar days after the award of the bid. V. Warranty: VI. List manufacturer's standard warranty and description of coverage to be included in the base bid: One (1) year parts and service Provide cost for (5) five-year extended warranty and description of coverage: Not available Contractor will guarantee the bid price for 30 days. VII. Contractor Information: Company Name: Cooper Machinery Corp Business Address: 3901 E. Loop 820. S. City: Fort Worth State TX Zip 76119 Authorized Company Signature: Name of Contact Person: Chris R. Cooper Telephone Number: ( 817) 457-6740 Ext. ---- SPECIFICATIONS FOR THE LAYTON H-500B TOW PAVER OR EQUAL (The information enclosed within parenthesis is for justificati and not necessarily part of the specification.) I. Tow Type Asphalt Paver A. A towed -type paving machine using ,high quali components, steel, and manufacturing processes. B. The quality of manufacture and dependability of parts a service provided by the manufacturer will consideration in the award of this bid. C. The paver shall be capable of laying asphalt from minimum depth, being determined by the largest siz aggregate in the mix, to a maximum of 6 inches depth. D. The paver shall be capable of paving from 8 feet to 12 feet wide and vary width while paving. II. Hopper A. A paver is to have a three -ton storage hopper. B. The hopper is to be of such design as to allow it to flex. (This allows an operator to pave up to 5 inches deep on one side while paving 0 inches on the opposite side.) C. The hopper is to be equipped with a shut-off gate operated by a hydraulic cylinder capable of closing shut-off gate with full hopper of material. D. The hopper shall be mounted on pneumatic rubber tires that are walking -beam supported to an adjustable undercarriage frame providing four different height settings. III. Undercarriage (To allow the operator maximum efficient grade control depth control of the paver.) A. The rubber -tired undercarriage should be designed as follows: Two sets of dual tandem pneumatic rubber tires (8 tires), 5.30 x 6 six -ply, mounted in line, two tires in front and two directly behind. B. Each set of tires will be walking -beam mounted with thel distance between pivot point and trailing edge of screed; a minimum of 56-3/4 inches. (This allows the paver the gradability to compensate for slight deviations in the sub -base without operator correction.) City of Southlake, Texas C. Each set of rubber tires shall be mounted in such a manner as to follow directly in the track of the dump truck tire. (This allows greater stability and operator control of the paver while paving in soft or irregular base conditions.) D. The rubber -tired undercarriage shall be designed and constructed in such a manner as to allow the, paver to be towed safely and legally at normal traffic speeds up to 55 miles per hour. IV. Screed A. A screed shall be designed and constructed to allow flexibility needed to maintain independent depth control from left to right. B. The screed shall be equipped with a bolt -on reversible screed plate. C. The screed plate shall be 3/16 inch thick and made of a material with a minimum rated Brinell hardness of 360. D. This screed plate shall be heat -treated and abrasion -resistant steel with a tensile strength rated at 190,000 P.S.I. V. Crown and Invert A. The screed shall be equipped with a crown and invert devise which can be operated by one ratchet controlling both the leading and trailing edge adjustment simultaneously. (With both the leading and trailing edge crowning or inverting equally and simultaneously, you are assured the screed will maintain proper weight distribution on trailing edge of screed.) B. The screed shall be capable of crown or inverted crown up to 3 inches. C. The crown and invert device shall be mounted on universal joints in such a manner as not to restrict the screed flexibility needed for independent depth control from left to right. VI. Screed Hoist A. The paver shall be equipped with a singles hydraulically -operated screed hoist mechanism powered byl the central hydraulic system, or electric hydraulic) system, which allows screed to be raised with full hopper of material. i r City of Southlake, Texas VII. Hitch Arms A. The paver shall be equipped with hydraulically -operated hookup arms that insert rim rollers into the truck wheels. B. These arms shall have side rollers that run on the side of the tires. C. The hitch arms shall be manufactured in such a manner that the arm can be disassembled for maintenance and the replacement of bushings as required. D. The hitch arms shall be operated from the central hydraulic system or electric hydraulic system. VIII.Central Hydraulic System A. The paver shall be equipped with a hydraulic hand pump of three -piston design that allows each of the hydraulic functions --screed hoist, shut-off gate, and hitch arms --to work independently of each other. B. This hand pump shall be mounted on the lefthand side o the machine to allow the operator to operate each of th hydraulic functions and still maintain eye and han signal contact with the truck driver. IX. Screed Heater A. The paver shall be equipped with heated screed. B. The heated screed shall have two burners externall mounted. C. These burners shall be placed in such a fashion tha igniting takes place outside of the screed enclosure. (Eliminating any possibility of combustion of explosive gases within the screed compartment itself.) D. The heated gases then shall be fed through a heat conductor, into two separate pipes which allow both the trailing and leading edge of the screed to be heatec evenly. E. The screed heat assembly shall be equipped with a 5-gallon ICC-approved propane tank and mounting brackets. F. The propane tank shall be regulator and gauge. equipped with a pres City of Southlake, Texas X. Ditch Plates yf A. The paver shall be equipped with a set of plates which can be affixed to the screed extensions in such a fashion kw as to restrict the flow of material to allow the paver to pave material less than 8 feet in width --minimum 2 feet. B. These plates shall be affixed in such a manner as to allow variable width adjustment while on the move. XI. Standard Equipment A. The paver shall be equipped with a catwalk, scree covers, hand pump cover, tailgate stop, hinged spil plate, depth gauge, and crown and invert gauge. XII. Factory Training A. A factory representative shall be provided for on-the-j training of the paving crew in the proper operati techniques for a minimum period of one full working day. XIII.Local Parts and Service A. Local parts and service availability shall be a maj consideration in the award of this bid. XIV. Manuals Contractor shall furnish two (2) complete sets of parts and/or maintenance manuals. XV. Payment Contract will receive payment in full within 14 cal days after receipt of machine and manuals. Bid Specification for a Layton H-500B Tow Paver or Equal for the City of Southlake Bid Date: 10:00 a.m., February 27, 1991 I. The City of Southlake is accepting bids on a Layton H-500B Tow Paver or Equal as specified herein. The bids are to be delivered to the Office of the City Secretary prior to 10:00 a.m. on February 27, 1991. At that time the bids will be publicly opened and read aloud. Bids received after the specified time will not be considered. II. The City reserves the right to reject any and all bids and to waive any informalities. III. Base Bid: Contractor shall furnish a Layton H-500B Tow Paver or equal as specified for the lump sum of ....$ 13,146.00 IV. Time of Delivery: Contractor agrees to furnish the machine specified within 30 calendar days after the award of the bid. V. Warranty: List manufacturer's standard warranty and description of coverage to be included in the rase bid: One year parts and service Provide cost for (5) five: -year extended warranty and description of coverage: N/A VI. Contractor will guarantee the bid price for 30 days. VII. Contractor Information: Company Name: U $ D Enterprises Business Address: P_ O. Box 120953 City: Arlington State TX Zip 76012 Authorized Company Signatur< f�� Name of Contact Person: Donald M. Ellis Telephone Number: ( 817 ) 572-7123 Ext. __ f SPECIFICATIONS FOR THE LAYTON H-500B TOW PAVER OR EQUAL (The information enclosed within parenthesis is for justificati and not necessarily part of the specification.) I. Tow Type Asphalt Paver A. A towed -type paving machine using ,high quali components, steel, and manufacturing processes. B. C. D. The quality of manufactu--e and dependability of parts service provided by the manufacturer will consideration in the award of this bid. The paver shall be capable of laying asphalt from minimum depth, being determined by the largest siz aggregate in the mix, to a maximum of 6 inches depth. be The paver shall be capab'_e of paving from 8 feet to 12 feet wide and vary width while paving. II. Hopper A. A paver is to have a three -ton storage hopper. B. The hopper is to be of such design as to allow it to flex. (This allows an operator to pave up to 5 inches deep on one side while paving 0 inches on the opposite side.) C. The hopper is t3 be equipped with a shut-off gate operated by a hydraul::c cylinder capable of closing shut-off gate with full Hopper of material. D. The hopper shall be mounted on pneumatic rubber tires that are walking -bean supported to an adjustable undercarriage frame providing four different height settings. III. Undercarriage (To allow the operator ma::imum efficient grade control depth control of the paver.) A. The rubber -tired undercarriage should be designed as follows: Two sets of dual tandem pneumatic rubber tires (8 tires), 5.30 x 5 six -ply, mounted in line, two tires in front and two directiv behind. B. Each set of tires will be walking -beam mounted with the; distance between pivot point and trailing edge of screed a minimum of 56-3/4 inches. (This allows the paver the gradability to compensate fox slight deviations in the sub -base without operator correction.) C. Each set of rubber tires shall be mounted in such a manner as to follow directly in the track of the dump truck tire. (This allows greater stability and 9 1 operator control of the paver while paving in soft or irregular base conditions.) D. The rubber -tired undercarriage shall be designed and constructed in such a manner as to -allow the, paver to be towed safely and legally at normal traffic speeds up to 55 miles per hour. IV. Screed A. A screed shall be designed and constructed to allow flexibility needed to maintain independent depth control from left to right. B. The screed shall be equipped with a bolt -on reversible screed plate. C. The screed plate shall be 3/16 inch thick and made of material with a minimum rated Brinell hardness of 360. D. This screed plate shall be heat -treated an abrasion -resistant steel with a tensile strength rated a 190,000 P.S.I. V. Crown and Invert A. The screed shall be equipped with a crown and invert devise which can be operated by one ratchet controlling both the leading and trailing edge adjustment simultaneously. (With both the leading and trailing edge crowning or inverting equally and simultaneously,•ycu are assured the screed will maintain proper weight distribution on trailing edge of screed.) B. The screed shall be capatle of crown or inverted crown up to 3 inches. C. The crown and invert device shall be mounted on universal joints in such a manner as not to restrict the screed flexibility needed for independent depth control from left to right. VI. Screed Hoist A. The paver shall be equipped with a single hydraulically -operated screed hoist mechanism powered by the central hydraulic system, or electric hydraulic system, which allows screed to be raised with full hopper of material. VII. Hitch Arms A. The paver shall be equipped with hydraulically -operated hookup arms that insert rim rollers into the truck wheels. B. These arms shall have side rollers that run on the si of the tires. C. The hitch arms shall be manufactured in such a manner that the arm can be disassembled for maintenance and the replacement of bushings as required. D. The hitch arms shall be operated from the central' hydraulic system or electric hydraulic system. VIII.Central Hvdraulic Svstem A. The paver shall be equipped with a hydraulic hand pump of three -piston design that allows each of the hydraulic functions --screed hoist, shut-off gate, and hitch arms --to work independently of each other. B. This hand pump shall be n.ounted on the lefthand side of the machine to allow the operator to operate each of the hydraulic functions and still maintain eye and hand signal contact with the truck driver. IX. Screed Heater A. The paver shall be equipped with heated screed. B. The heated screed shall have two burners externally mounted. C. These burners shall be placed in such a fashion that igniting takes place outEide of the screed enclosure. (Eliminating any possibility of combustion of explosive gases within the screed compartment itself.) D. The heated gases then shall be fed through. a heat conductor into two separate pipes which allow both the trailing and leading edge of the screed to be heated evenly. E. The screed heat assembly shall be equipped with a 5-gallon ICC-approved propane tank and mounting brackets. F. The propane tank shall. be equipped with a press regulator and gauge. I X. Ditch Plates A. The paver shall be equipped with a set of plates whi can be affixed to the screed extensions in such a fashi as to restrict the flow of material to allow the paver pave material less than 13 feet in width --minimum 2 feet. B. These plates shall be affixed in such a manner as allow variable width adjustment while on the move. XI. Standard Equipment A. The paver shall be equipped with a catwalk, scree covers, hand pump cover, tailgate stop, hinged spil plate, depth gauge, and crown and invert gauge. XII. Factory Training A. A factory representative shall be provided for on-the-j training of the paving crew in the proper operati techniques for a minimum period of one full working day. XIII.Local Parts and Service A. Local parts and service availability shall be a maj consideration in the award of this bid. XIV. Manuals Contractor shall furnish two (2) complete sets of parts' and/or maintenance manuals. XV. Patent Contract will receive payment in full within 14 cale days after receipt of machine and manuals. J Bid Specifications for I C�h►-ylio- I/0af 6 Midsize Pickup Trucks no for the City of Southlake icar `% Bid Date: 10:00 a.m., February 27, 1991 The City of Southlake is accepting bids for two (2) new 1991 midsize pickup trucks. The bids are to be delivered to the Office of the City Secretary prior to 10:00 a.m. on February 27, 1991. At that time the bids will be publicly opened and read aloud. Bids received after the specified time will not be considered. II. The City reserves the right to reject any and all bids and to waive any informalities. The City reserves the right to award the contract for the midsize trucks, depending on the bid cost, warranty period and date of delivery. III. Base Bid: A. Contractor shall furnish two 2 new 1991 midsize pickup trucks as specified for ; 0 00 each for a total bid of ; J$ a, ),2, 00 pp,, B. List make and model of truck: IV. Time of Delivery: ' Contractor agrees to furnish the two (2) midsize pickup trucks as specified within 4 5-9O&calendar days after the award of the bid. o a7 0 *u-k V. Warranty: List Manufacturer's Standard Warranty and description of coverage to be included in the base bid: ? NA 4;,1A gm,gk' Provide cost for five-year (5) Extended Warranty and description of %c}�ovne- coverage: ( 0 5 /I.IQ�, /70 r 00 0 /'l1oXYJ ( Al JO �iit.LYL� VI. Contractor will guarantee the bid price for 30 days. VII. Contractor Information: n �p Company Name: kw Business Address: [2 9 Jr %i. �-± City: State �.L 41& zip 75oRO Authorized Company Signature: �,/IQ4 Name of Contact Person: Gr�R o-I m Telephone Number: ( I 9 9 _a 55� Ext . c3� �.ny ui auuirnaKe, i exas Bid Specifications for Midsize Pickup Trucks for the City of Southlake Bid Date: 10:00 a.m., February 27, 1991 I. The City of Southlake is accepting bids for two (2) new 1991 midsize pickup trucks. The bids are to be delivered to the Office of the City Secretary prior to 10:00 a.m. on February 27, 1991. At that time the bids will be publicly opened and read aloud. Bids received after the specified time will not be considered. II. The City reserves the right to reject any and all bids and to waive any informalities. The City reserves the right to award the contract for the midsize trucks, depending on the bid cost, warranty period and date of delivery. III. Base Bid: A. Contractor shall furnish two (2) new 1991 midsize pickup trucks as specified for $ 10, f 8 L each for a total bid of $ 2,,036-1- B. List make and model of truck: IV. Time of Delivery: Contractor agrees to furnish the two (2) midsize pickup trucks as specified within U 4qo calendar days after the award of the bid. V. Warranty: List Manufacturer's Standard Warranty and description of coverage to be included in the base bid: 'w, a So. OM )qA3 Provide cost for -five-year (5) Extended Warranty and description of coverage: Cost: $ ./ VI. Contractor will guarantee the bid price for 30 days. I City of Southlake, Texas VII. Contractor Information: Company Name: SEK jt!�, C 14 E JsZo L &A 1 C_iC . L YI U Business Address: 3 1 i For+:"" Luc Mrf, 1+1 G 14-UJA-�-i City: State TEX Zip Authorized Company Signature: cia4 Name of Contact Person: `•! (�. (�- 1 GG t �--5 Telephone Number: (8_1 -1_) Ext. Pi Giry of ouutniaKe, i exas Bid Specifications for Midsize Pickup Trucks for the City of Southlake h:- Bid Date: 10:00 a.m., February 27, 1991 I. The City of Southlake is accepting bids for two (2) new 1991 midsize pickup trucks. The bids are to be delivered to the Office of the City Secretary prior to 10:00 a.m. on February 27, 1991. At that time the bids will be publicly opened and read aloud. Bids received after the specified time will not be considered. II. The City reserves the right to reject any and all bids and to waive any informalities. The City reserves the right to award the contract for the midsize trucks, depending on the bid cost, warranty period and date of delivery. III. Base Bid: $10,699.99 for each truck 240.00 for shop & parts manuals A. Contractor shall furnish two (2) new 1991 midsize pickup trucks as specified for $ 10,939.00 each for a total bid of $21,878.00 • IV. V. B. List make and model of truck:1991 Ford Ranger 108" wb pickup Time of Delivery: Contractor agrees to furnish the two (2) midsize pickup trucks as specified within 45 to 60 calendar days after the award of the bid. Warranty: List Manufacturer's Standard Warranty and description of coverage to be included in the base bid: 12 months or 12,000 mile full warranty d=W 48 months or 50 000 mile powprtrain warranty with deductible See attached chPPtc Provide cost for five-year (5) Extended Warranty and description of coverage: • :. - 1111 a lil VI. Contractor will guarantee the bid price for 30 days. s VII. Contractor Information: Company Name: PAYTON-WRIGHT FORD SALES, INC. Business Address: 448 W. Highway 114 City: Grapevine StateTX Zip 76051 Authorized Company Signature: Name of Contact Person: Fenton Alley Telephone Number: ( 817481-3531 Ext. 260 City of Southlake, Texas M E M O R A N D U M 3 -O! - / ,. March 1, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: BFI RECYCLING CONTRACT Attached is the revised BFI recycling contract. Staff and the Environmental Task Force committee has reviewed the contract and made numerous changes. The attached contract is a result of those changes and the only remaining issue to be resolved is the actual start of the recycling program. The suggested times are April 1 or May 1. Please place this item on the Council's next agenda for their consideration. If you have any questions, please contact me. /// kv MHB/lc attachment: BFI Contract GENERAL SPECIFICATIONS 100 DEFINITIONS ...................................................................................................... 1 1.01 Qty- 1.02 Commodity 1.03 Commodity Buyer 1.04 Container 1.05 Contract Documents 1.06 Contractor 1.07 Recyclable Material(s) 1.08 Residential Unit 1.09 Setout Rate 2.00 SCOPE OF WORK.............................................................................................. 2 2.01 General 2.02 Community Education and Advertising Plan 2.03 Storms and Disasters 3.00 'TYPE OF COLLECTION.................................................................................. 3 3.01 Service Provided 3.02 Location of Containers for Collection 4.00 OPERATIONS.....................................................................................•................ 3 4.01 Hours of Operation 4.02 Routes of Collection 4.03 Holidays 4.04 Complaints 4.05 Collection Equipment 4.06 Office 4.07 Haulin 4.08 Delive 4.09 Notification 4.10 Point of Contact 5.00 COMPLIANCE WITH LAWS............................................................................ 5 6.00 EFFECTIVE DATE............................................................................................ 5 7.00 NONDISCRIINIINATION.................................................................................... 5 9.00 LICENSES AND TAXES .................................................................................... 5 7-a 11.00 INSURANCE........................................................................................................ 6 12.00 BASIS AND METHOD OF PAYMENT .......................................................... 7 12.01 Rates 12.02 Modification to Rates 12.03 Contractor Billings to City 12.04 Documentation 12.05 Proceeds 13.00 TRANSFERABILITY OF CONTRACT.......................................................... 8 14.00 EXCLUSIVE CONTRACT...................................................•............................ 9 15.00 OWNERSHIP.........................................................................................•.............. 9 16.00 DEFAULT.............................................................................................................. 9 17.00 NOTICES.............................................................................................................. 17 CONTRACT............................................................................................................................ 10 ANTI -SCAVENGING ORDINANCE................................................................................ 12 1-3 GENERAL SPECIFICATIONS 1.00 1.01 Citv - City of Southlake. 1.02 Commodity - Material that can be sold in a spot or future market for processing and use or reuse. Each Commodity shall retain its own identity and be kept separate. 1.03 Commodity Buyer - Abuyer or processor, selected by Contractor pursuant to the Contract Documents, of Recyclables Materials delivered by Contractor. 1.04 Container - A receptacle designed for the purpose of curbside collection of Recyclable Materials. The receptacle shall be one made of fiberglass or plastic that has been accepted by other cities with experience in curbside recycling. 1.05 Contract Documents - The Request for Proposals, Instructions to Propo- nents, Contractor's Proposal dated Dec. 10,1990, General Specifications, the Contract entered into between the City and Contractor dated , 1991, Resolution No. , authorizing this work, and any addenda or changes to the foregoing documents agreed to by the City and the Contractor. 1.06 Contractor - The corporation performing Recyclable Materials collection and delivery under this Contract. 1.07 Recyclable Materials -Those commodities which are collected by Contractor pursuant to the Contract Documents. The initial Contract Document shall include the provision for collection of source separated newsprint, glass, metals, plastics, or any other Commodity set forth in this Contract. 1.08 Residential Unit - A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwell- ing, whether of single or multi -level construction, consisting four or less contiguous or separate single-family dwelling units, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be counted separately as a Residential Unit. 1.09 Setout Rate - The setout rate actually experienced by the recycling program shall be determined as a percentage of the total Residential Units passed on the collection route measured during a calendar quarter (e.q., total number of setouts/services divided by the total number of Residential Units passed). Page 1 2.00 SCOPE OF WORK 2.01 General (a) The work under this Contract shall consist of the items contained in the Proposal, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accor- dance with the Contract Documents. In the event of a flood, hurricane or other Act of God, the City may suspend Recyclable Materials collection and the Contractor and the City will negotiate the payment to be made to the Contractor. (b) Contractor shall provide at its expense one (1) recycling container for each residential unit. The recycling container shall remain the prop- erty of the Contractor. If Contractor's services in the recycling program are discontinued prior to five (5) years from the initiation of the recycling service, the recycling containers shall be returned to the Contractor. Contractor will be responsible for the collection of these bins and identify which homes do not return recycling bins upon request. For recycling containers which are not returned to the Contractor, a charge per bin will be calculated on a depreciated book value basis. The book value for each unreturned container shall be calculated by utilizing a $6.00 initial cost value and the straight line depreciation method over sixty (60) month life with a twenty-five percent (25%) remaining salvage value. During the initial term of the contract, residents may purchase addi- tional replacement containers from Contractor for six dollars ($6.00) per container. (c) It is the intent under this Contract for the Contractor to collect certain source separated Commodities to be recycled by a sub -contractor who has experience in the business of processing and sale of Com- modities. The Contractor will not be required to collect Commodities which are mixed with garbage, trash and rubbish normally collected by sanitation crews. The Contractor will notify the City of any such addresses where the residents are so commingling Commodities and will notify the individual customer as being unacceptable for collec- tion. (d) In the event that the market price for any one or all of the Commodi- ties designated to be source separated and collected drops to the point that such materials can no longer be sold or processed, the City and Contractor may agree to remove that item from the list of those items to be recycled and will notify residents of the same. Contractor will not have any obligation to dispose of Recyclable Materials other than by delivery to a Commodity Buyer herewith, except in accordance with Section 12.01(c). Page 2 h S 2.02 Community Education and Advertising Plan (See Attached) 2.03 Storms and Other Disasters - In case of a storm, flood, hurricane or other disaster or other Acts of God, the City shall grant the Contractor reasonable variance from regular schedules and routes. 3.00 TYPES OF COLLECTION 3.01 Service Provided - Contractor shall provide curbside collection service for the collection of Recyclable Materials from each Residential Unit one (1) time per week. Containers shall be placed at curbside by 7:00 a.m. on the designated collection day. 3.02 Location of Containers for Collection - Each container shall be placed at curbside for collection. Curbside refers to that portion of right- of -way adjacent to paved or traveled City roadways. Containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Containers shall be placed as close as practi- cable to an access pint for the collection vehicle. Contractor may decline to collect any Container not so placed. 4.00 OPERATIONS 4.01 Hours of Operation - Collection of Recyclable Materials shall not start before 7:00 a.m. or continue after 7:00 p.m. on the same day. Exceptions to collection hours shall be effected only upon the mutual agreement of the City and Contractor, or when Contractor reasonably determines that an excep- tion is necessary in order to complete collection on an existing collection route due to unusual circumstances. 4.02 Routes of Collection - Collection routes shall be established by the Contrac- tor and the City. Contractor shall submit a map designating the collection routes and proposed days of collection to the City for their approval, which approval shall not be unreasonably withheld. The Contractor may from time to time propose to City for approval changes in routes or days of collection, which approval shall not be unreasonably withheld. Upon City's approval of the proposed changes, City shall promptly give written or published notice to the affected Residential Units. 4.03 Holidays - The following shall be holidays for purposes of this Contract: New Year's Day Thanksgiving Day Christmas Day Page 3 / _ & Contractor may decide to observe any or all of the above -mentioned holidays by suspension of collection service on the holiday, but such decision in no manner relieves Contractor of its obligation to provide collection service at least once per week. 4.04 Complaints - All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. n the case of alleged missed scheduled collections, the Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the Commodities not collected within 24 hours after the complaint is received. Copy of complaints and action taken will be provided to the City. 4.05 Collection Equipment - The Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles and other equipment shall be kept in good repair, appearance, and in a sanitary condition at all times. After notice from the City, the Contractor shall have thirty (30) days to correct any deficiencies in its collection vehicles. Each vehicle shall have clearly visible on each side the identity and telephone number of the Contrac- tor. 4.06 Office - Contractor's office will be staffed from 8:00 a.m. - 5:00 p.m. Monday through Friday and 8:00 a.m. - 1:00 p.m. Saturday to handle requests and complaints. 4.07 Hauling - All Commodities hauled by the Contractor shall be so contained, tied or enclosed that leaking, spilling or blowing is prevented. 4.08 Delivery - All Commodities collected for delivery and sale by the Contractor shall be hauled to a Commodity Buyer selected from time to time at the sole discretion of the Contractor pursuant to the Contract Documents. The charge for delivery to the Commodity Buyer shall be included in the rate set forth in the Proposal for each Residential Unit serviced by the Contractor. 4.09 Notification - The Contractor shall notify all Producers about complaint pro- cedures, sorting, preparing for collection, regulations, and day(s) for sched- ule Recyclable materials collection. The contractor shall also inform the public of any condition and form required of materials to be collected. 4.10 Point of Contact - All dealings, contracts, etc., between the Contractor and the City shall be directed to the Contractor: David Casebolt, District Manager, Browning -Ferris, Inc., 6432 Nine Mile Bridge Road, Ft. Worth, TX 76135 and to the City: Director, Public Works. Page 4 7-7 5.00 COMPLIANCE wI TH LAWS The Contractor shall conduct operations under this Contract in compliance with all applicable laws; provided, however, that the General Specifications shall govern the obligations of the Contractor where there exists conflicting ordinances of the City on the subject. 6.00 EFFECTIVE DATE This contract shall be effective and performance of such Contract shall begin on April 1,1991. 7.00 NONDISCRDvIINATION The contractor shall not discriminate against any person because of race, sex, age, creed, color, religion or national origin. M i D „i.OW The Contractor will indemnify and save harmless the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees to the extent resulting from a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees in the performance of this Contract; provided, however, that the Contractor shall not be liable for any suits, expenses and attorneys' fees arising out of the award of this Contract or a willful or negligent act or omission of the City, its officers, agent, servants and employees. 9.00 LICENSES AND TAXES The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by the City. 10.00 TERM The Contract shall be for a one (1) year period beginning upon the execution of this Contract and ending one (1) year thereafter; provided, however, upon each yearly anniversary date of this Contract, the term of this Contract shall be extended, with the approval of the City Council, for one (1) additional year so that the then remaining term of this Contract as of each anniversary date shall be one (1) year, unless, at least thirty (30) days prior to any anniversary date (the "Non -Extension Date"), either party gives written notice to the other party by personal delivery, express mail or certified or registered mail, return receipt required, that such extension shall not take affect. It is the responsibility of the Contractor to approach the City Council for such extension prior to the anniversary date. Page 5 *7- 9 11.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Worker's Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of Section 8.00. All insurance shall be by insurers and for policy limits acceptable to the City and before commencement of work hereunder the Contractor agrees to furnish the City certifi- cates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance de- s cn'bed herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice willbe given the certificate holder." For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Coverages Worker's Compensation Employer's Liability Bodily Injury Liability Except Automobile Coverages Property Damage Liability Except Automobile Automobile Bodily injury Liability Automobile Property Damage Liability Excess Umbrella Liability Limits of Liability Statutory $500,000 $500,000 each occurrence $1,000,000 aggregate Limits of Liability $500,000 each occurrence $1,000,000 each occurrence $500,000 each occurrence $1,000,000 each occurrence $500,000 each occurrence $5,000,000 each occurrence To the extent permitted by law, all or any part of any required insurance coverages may be provided under a plan or plans of self-insurance. The coverages may be provided by the Contractor's parent corporation. Page 6 /7 p 12.00 BASIS AND METHOD OF PAYMENT 12.01 Rates (a) For collection and delivery services required to be performed pursuant to Section 3.01, the charges shall not exceed the rates as fixed by the Contract Documents, as adjusted in accordance with Section 12.02. (b) The Recyclable Materials collection charges provided by Section 12.01(a) shall include all costs of delivery to a Commodity Buyer and shall be modified as set forth in Section 12.02. 12.02 Modification to Rates (a) The fees which may be charged by the Contractor for the second and subsequent years of the term hereof shall be ad- justed upward or downward to reflect changes in the cost of operations, as reflected by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items) and the Consumer Price Index for Urban Wage Earn- ers and Clerical Workers, Expenditures Category "Gasoline" both as published by the U.S. Department of Labor, Bureau of Labor Statistics. As of the last month of the first year of the Contract and every twelve (12) months thereafter (the "Rate Modification Date"), the fees shall be increased or decreased for the ensuing twelve month period in a percentage amount equal to 100 percent of the net percentage change of the All Items Index plus 10 percent of the net percentage changes of the Gasoline Index. All percentage changes are to be com- puted as the difference between the indexvalue for the first full month prior to the commencement of the Contract and the index value for the Rate Modification Date divided by the index value for the first full month prior to the commencement of the Contract. (b) As soon as possible after a Rate Modification Date, Contrac- tor shall send to City a comparative statement setting out for both the All Items Index and the Gasoline Index (i) the index value on the first full month prior to the commencement of the Contract; (ii) the index value on the Rate Modification Date preceding the date of the statement; (iii) the net percentage change; (iv) the composite percentage change equal to the net percentage change in the All Items Index plus the the net percentage change in the Gasoline Index; and (v) the increase or decrease in the fees which may be charged by the Con- tractor. On the next billing date after the receipt of the com- Page 7 7-1P parative statement, the City shall pay to the Contractor or the Contractor shall credit to the City, as the case may be, a lump sum equal to any increase or decrease applicable to that portion of the current period which has elapsed and, thereaf- ter, the fees charged by the Contractor shall be modified to reflect any change until a different comparative statement is received by the City. (c) In addition to the foregoing, the fees which may be charged by the Contractor shall be increased or decrease, as the case may be, to reflect increases of decrease in the number and type of Commodities that the Contractor is required to collect. In addition to the above, the Contractor may petition the City at any time for additional rate and price adjustments at reason- able times on the basis of unusual changes in its cost of operation, such as revised laws, ordinances, or regulations; changes in location of delivery sites; an increase in the number of Residential Units, such as City growth or annexation; and for other reasons. 12.03 Contractor Billings to Citv - The Contractor shall bill the City for service rendered within ten (10) days following the end of the month and the City shall pay the Contractor on or within fifteen (15) days of receiving invoice from Contractor. Such billing and payment shall be based on the rates and schedules set forth in the Contract Documents. The Contractor shall be entitled to payment for services rendered irrespective of whether or not the City collects from the customer for such service. 12.04 Documentation - The Contractor shall be responsible for the cost inherent in documenting and reporting all Recyclable Material pick- ups by number and frequency within the recycling district and shall report such results in the approximate participation levels by percent to the City on a monthly basis. 12.05 Proceeds - The entire proceeds fromthe sale of the recyclable mate- rials will go to the City of Southlake. Contractor will provide verifica- tion of the weights and values of the recyclable materials. 13.00 TRANSFERABILITY OF CONTRACT Other than by operation of law, no assignment of the Contract or any right accru- ing under this Contract shall be made in whole or in part by the Contractor without the express written consent of the City, which consent shall not be unrea- sonably withheld; in the event of any assignment, the assignee shall assume the liability and duties of the Contractor. Page 8 7_// 14.00 EXCLUSIVE CONTRACT The Contractor shall have the sole and exclusive franchise, license and privilege to provide Recyclable Materials collection and delivery services from Residential Units within the corporate limits of the City. The City may pass and actively enforce an ordinance prohibiting the scavenging of Recyclable Materials covered under this recycling program. Title to Commodities that the Contractor has agreed to accept shall pass to the Contractor when placed in Contractor's collection vehicle, removed by Contrac- tor from a Container, or removed by Contractor from the Residential Unit, which ever last occurs. 16.00 DEFAULT If the Contractor breaches any terms or conditions of this Contract, the City may cancel this Contract by giving Contractor written notice to be served as hereinaf- ter provided. If, within thirty (30) days from the date of such notice, the default or breach complained of shall not have been corrected, then and in such event, the City shall have the right at once and without further notice to Contractor to declare this Contract terminated. In the event of cancellation of this Contract by the City, all rights, powers and privileges of the Contractor hereunder shall cease and terminate. 17.00 NOTICES Notices addressed to the City pursuant to the provisions of this agreement shall be sufficient if sent by certified mail addressed to: Mr. Curtis Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 and notices to the Contractor shall be sufficient if sent by certified mail addressed to: Browning -Ferris, Inc. 6432 Nine Mile Bridge Road Fort Worth, Texas 76135 Attn: David T. Casebol t Page 9 7_/ 7 CONTRACT THIS CONTRACT, made and entered into this day of ,1991, by and between the ,,. City of Southlake, a Municipal Corporation of Texas, (hereinafter called the "City") and Browning- - Ferris, Inc. (hereinafter called "Contractor"). WITNESSETH: WHEREAS, the Contractor did on the loth day of December,1990, submit a Proposal to provide Residential Recyclable Materials collection and Delivery within the City and to perform such work as may be incidental thereto. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1. The Contractor is hereby granted the sole and exclusive franchise, license and privilege within the territorial jurisdiction of the City and shall furnish all personnel, labor, equipment, trucks, (except containers) and all other items necessary to provide Residential Recyclable Materials Collection and Delivery services as specified and to perform all of the work called for and described in the Contract Documents. 2. The Contractor hereby covenants and agrees to perform the Residential Recyclable Materials collection and Delivery services for the following commodities at the rate of One dollar and sixty -Nine Cents ($1.69) per month per residential unit: Commodities to be Collected Old Newspapers Used Beverage Cans (Aluminum) Glass Containers Plastic Bottles (PET & HDPE) TinBi-Metal Containers 3. The Contract Documents shall include the following documents, and this Contract does hereby expressly incorporate same herein as fully as if set forth verbatim in this Contract: a. The Request for Proposals. b. The Instructions to Proponents. C. The Contractor's Proposal dated December 10, 1990. d. The General Specifications e. Resolution No. of the City ordering or authorizing the work and services contemplated herein. Page 10 �'-13 f. This instrument. g. Any addenda or changes to the foregoing documents agreed to by the parties hereto. 4. All provisions of the Contract Documents shall be strictly complied with and conformed to by the Contractor, and no amendment to this Contract shall be made except upon the written consent of the parties, which consents shall not be unreasonably withheld. No amendment shall be construed to release either party from any obligation of the Contract Documents except as specifically provided for in such amendment. If there is any conflict between the terms and conditions set forth in the General Specifications and other Contract Documents, the terms and conditions set forth in the General Specifications shall control. S. This Contract is entered into subject to the following conditions: a. The Contractor shall procure and keep in full force and effect throughout the term of the Contract all of the insurance policies specified in, and requiredby, the Contract Documents. b. Neither the Contractor nor the City shall be liable for the failure to perform their duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, act of God or other similar of different contingency beyond the reasonable control of the Contractor. C. In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with applicable laws. The invalidity or unenforceability of any provision or portion of any Contract Document shall not affect the validity or un- enforceability of any other provision or portion of the Contract Documents. IN WITNESS WHEREOF, WE, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals at , as of this day of ,1991 A.D. SEAL of the City of ATTEST: Secretary CITY OF SOUTHLkKE, A Municipal Corporation of Texas Mayor and City Secretary V 11:G-1- 1 GJlUCHL "Contractor" Page 11 ANTI -SCAVENGING ORDINANCE ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ., CHAPTER , BY ADDING A NEW SECTION , PROHIBITING SCAVENGING OF RECYCLABLE MATERIALS FROM RESIDENTIAL AREAS WITHIN THE CORPORATE LIMITS. BE IT ORDAINED by the City Council of the City of , that: SECTION 1: The Code of Ordinances of the City of , Chapter , is hereby amended by addition of a new section, Section , to read as fol- lows: "Sec. Prohibiting the Scavengingof f Recyclable Materials From Residential Areas within the Corporate Limits. 1. No person or persons, other than the current resident of the property on which the items are placed, or an authorized carrier, shall remove, pick up, or transfer recy- clable material left at curbside in any residential subdivision, or at curbside at any single family residence, materials left at curbside in either specifically marked recov- ery containers or any other type of container are to be picked up by a designated carrier for the purpose of removal of recyclable materials. Materials referred to, and to be left at curbside in specifically marked containers, will include recyclable mate- rials included in the City's recycling program. 2. Each removal of an item or items from a residential subdivision residence location or a single family residence location shall constitute a separate violation of this or- dinance. Unauthorized persons removing materials or bins other than those persons designated above shall be fined as follows: A. Upon first conviction of violation of this ordinance, the person shall be fined $25.00 for each such violation. B. Upon second conviction of violation of this ordinance, the person shall be fined $100.00 for each violation. C. Upon third and subsequent convictions of violation of this ordinance, the person shall be fined $250.00 for each such violation. SECTION 2: All ordinances or resolutions or parts thereof in conflict herewith are hereby repealed. Page 12 9_/S- Breakdown of Advertising Costs I. Newspaper Advertising Southlake Journal - 1.000 circulation Grapevine Sun- 15,500 circulation!+ 2,000 in Southlake 1. Initial Announcement -(Both Publications) A. Upon final authorization of contract 4x4 Advertisements = $80.00 2. One Month in Advance of Start Date 4 x 4 Advertisements -both publications One add per week = $312.00 Adds will contain information concerning Procedures -Date -Distribution. 3. Quarterly updates in papers (Both Publications) 4 x 4 Advertisements = $320.00 Adds will contain tonnage, energy savings, etc. . II. Mayor's Letter of Announcement - Letter written by Mayor to be sent to residents. Date to be decided by City of Southlake- Cost to be split by BFI and City - Cost = $440.00 total (220.00-BFI) III. Promotions A. Civic Groups 1. BFI will initiate contact with civic groups for speeches at scheduled meetings. 2. BFI will contact these groups during first month of service. B. Schools 1. BFI will make Mobius program available to schools in March before the start of this program. BFI will discuss school recycling program. 2. BFI will be available for school speeches and demonstrations. IV. Delivery of Bins A. Recycling bins will have an information package inside when the container is delivered. The information will detail the service day and "How To" information. B. Delivery will be coordinated with a local group (Scouts, Civic Group, School Organization, etc.). Money has been allocated to pay for such services. 0 0 City of Southlake, Texas — M E M O R A N D U M March 1, 1991 TO: Curtis E. Hawk, City Manager FROM: Greg Last, City Planner SUBJECT: SELECTION OF CONSULTANT TO PREPARE A PARKS MASTER PLAN The Parks Master Plan selection committee consisting of Councilperson Betty Springer, Councilman Jerry Farrier, Parks Board representative Steve Bender and myself met on the morning of February 20, 1991 for final presentations by three selected consulting firms. After thorough comparison and discussion the committee unanimously recommends that Schrickel Rollins and Associates, Inc. be selected to perform the required services. Attached you will find a draft contract for these services. Please feel free to review and advise me as to any revisions you may have. The selection committee hereby recommends the selection of Schrickel Rollins and Associates for the preparation of the Park Master Plan Study and further request that the City Council authorize the City Manager to enter into a contract with Schrickel Rollins and Associates for the required services. Please place this item on the next available Council agenda for their consideration. GL/lc attachment SERVICE AGREEMENT FOR CONSULTING SERVICES THE STATE OF TEXAS § COUNTY OF § This Contract and Agreement is made and entered into this day of wo 19 , by and between the CITY OF SOUTHLAKE, TEXAS, a municipal corporation of Tarrant County, Texas, hereinafter referred to as "CITY," and SCHRICKEL, ROLLINS AND ASSOCIATES, INC., 1161 Corporate Drive West, Arlington, Texas 76006, hereinafter referred to as "CONSULTANT." WITNESSETH: THAT in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: A. DESCRIPTION OF PROJECT The project is known as the Park, Recreation and Open Space Master Plan Study, hereinafter referred to as "Master Plan." The study area for the Master Plan shall Include the corporate limits of the City of Southlake. B. SCOPE OF SERVICES The Consultant agrees to perform professional services as follows: 1, Community Research a. Direct the preparation, mailing and analysis of a questionnaire to assess the desires of the citizens of Southlake as they relate to parks and recreation. This shall include demographic characteristics such as age, income, gender, education, ethnicity and others as applicable. The consultant shall be responsible for all mailing costs. The city can assist in newspaper notifications. b. Direct one public meeting to gather citizen Input. c. Summarize existing demographic data and project future growth and distribution of the population. d. Prepare a questionnaire that the staff will distribute to organized recreation organizations in order to develop data on the number of participants, teams, anticipated growth, and their needs. Said Information and data shall be analyzed and included in the Master Plan report. 1 Fl—dZ e. Study the potential for the participation of civic groups in Implementing and maintaining small pocket gardens and/or accent areas within the city. 2. Existing Facilities Analysis a. Inventory existing or pending public park facilities. b. Inventory existing or pending private park facilities. c. inventory existing or planned school related park facilities. d. inventory public parks and recreation facilities Immediately adjacent to the City. 3. Standards Analysis a. Provide applicable parks and recreation standards and recommended use levels for different types of facilities. b. Provide the site requirement necessary for different facilities. 4. Proiected Needs a. Provide the current and projected park and recreation needs in the City. b. identify the recreational needs of all ages including recreational and sports programs. 5. Phasing of improvements a. Develop a definitive program for acquisition and development of park land to meet future needs. b. Prioritize the needs of the City. C. Provide the elements that will trigger the need for the next level of improvements such as population growth, age distributions, and use levels within the existing facilities. d. Provide phased programs for the development of the various park types. 6. - Geographic Distribution a. Determine potential park sites within the City. b. Determine distribution of the various park types within the City. 7. Maintenance Issues a. Estimate the staff needed to maintain the proposed park system and recreational programs. b. Estimate the annual maintenance costs for the park system per acre, per field, or by some other standard. 2 9 -3 C. Provide a list of needed equipment and its related cost. a. Summary of Outside Resources Provide an inventory of outside funding resources including the following data: name, address, phone number, name of contact person, the chain of command within the organization, and any timing or submittal limitations. Also summarize potential park lands available to the City through long term lease or other agreement and the requirements to obtain and use these lands. a. Joint use between school systems and City. b. Use of Corps of Engineer land. o. Texas Parks and Wildlife Department grants and matching fund requirements, d. Other resources. S. Expenditure Analysis a. Provide a summary of approximate costs of various facilities typically incorporated in park improvements. b. Highlight any types of parks or facilities that are particularly eligible for outside funding. 10. Ordinance Review a. Review and make recommendations regarding the existing park use ordinance as to the appropriateness of fees, omisslon of potential fees and administration of the ordinance, b. Review the parks land dedication ordinance and make recommendations as to the incorporation of the Master Plan into the ordinance, the timing of the park lands acquisition and the potential imposition of fees. 11. Miscellaneous Provide a final product of professional quality. Development Phase During the preparation of the master plan report, preliminary drafts of the text and maps shall be submitted to the Master Plan Committee as prepared and presented at the three informal meetings. Additionally, one final draft containing all of the text and maps shall be submitted to the Master Plan Committee for review and comment. Final Submittal: One master text original including "PMT" reductions at 8- 3 1/2"xt1" or 11"x1T of each map exhibit, reproducible mylars of maps contained in the report and ten GBC bound copies of the final report. Meeting requirements: The Consultant will meet as necessary with City staff throughout the planning process. The Consultant will meet In an informal setting with the members of the Master Plan Committee three times during development of the Master Plan. In addition one public meeting will be held early in the process to receive input from the general citizenry. C. DESCRIPTION AND CONTENTS OF THE MASTER PLAN REPORT 1. Introduction a. Planning Process b. Purpose and Goals of Plan c. Plan Organization 2. Base Studies a. Population b. Physical Features C. Land Use d. Thoroughfares e. Park Service Zones 3. Public Participation a. Citizen Survey Findings b. Public Meeting C. Goals and Objectives d. Recreational Organizations 4. Land and Facilities Inventory a. Public Parks and Facilities b. Private Parks and Facilities C. School Property and Facilities d. Adjacent Parks and Facilities 5. Planning and Design Criteria a. Park Land b. Recreational Facilities 4 L ,5 - C. Park Type Characteristics d. TP&WD Recommendations 6. Plan Recommendations (Current, 1995, and Build -out) a. Park Land Needs - Neighborhood - Community • City • Linkage - Special Purpose b. Locations of Potential Park Sites C. Recreational Facilities Needs d. Recreational Program Needs e. Natural Area Preservation Policies and Procedures 7. Phasing Priorities a. Phasing Criteria b. Park Land - Current and 1995 C. Recreational Facilities - Current and 1995 d. Phased Development of Parks Sites By Type 8. Maintenance a. Quality Levels b. Staff C. Equipment d. Cost 9. Exl2endlture Analysis a. Land b. Recreational Facilities 10. Funding Sources a. General Fund b. Bonds C. User Fees (Ordinance) d. Enterprise Funds 5 6, f% e. Grants -in -Aid • TP&WD Local and Regional Analysis Project Priority Scoring System Corps of Engineers 404 Permit • SDHPT Cost Share Programs Forestry Grants f. Gifts of Land and Facilities 11. Implementation a. Land Acquisition Techniques Mandatory Park Dedication (Southlake Ordinance Review) Zoning Subdivision Regulations Park Development Fee Assessment Taxation Eminent Domain b. Civic participation In development and maintenance c. Marketing d. Administrative Approaches Council Parks & Recreation Board Planning & Zoning Commission City & School District Joint Projects 9. Use of Corps of Engineers Land f, Use of Utility Easements D. PRODUCTS The following products and items shall be provided: 1. Four copies of a draft of the Master Plan report. 2. Master text originals copy -ready of Master Plan report. 3. Ten bound copies of the Master Plan report. 4. PMT reductions of maps contained in the Master Plan report. 5. Mylar reproducibles of maps (at scale) contained In the Master Plan report. 6 9-7 6. An atlas containing blueline copies of maps prepared during the planning process. E. CiTY RESPONSIBILITIES The City shall provide the following items and/or Information: 1. Mylar base maps of the City. 2. Copy of the previously prepared land use plan. 3. A map graphically illustrating development activity including zoning, subdivision plats (final and preliminary). 4. Results of Information collected from organized recreation organizations. s. Organization and notifications required for meetings. 6. Copies of development ordinances (zoning, subdivision regulations, park dedication ordinances, etc.). 7. Budget information related to park and recreation expenditures. 8. General assistance and comments during the planning process. 9. Topographic map. F. SCHEDULE All services described In the service agreement shall be complete on or before August 31, 1991. G. COMPENSATION The City shall compensate the Consultant for the herein described services $30,0oo.04. Payment shall be as follows: 1. Completion of item 1, 2, and 3 In Scope of Services $S1000 2. Completion of the third preliminary draft $S'000 3. Delivery of the draft report 16,000 4. Delivery of final report, maps, and atlas. 5,000 TOTAL $30,000 H. SUCCESSORS AND ASSIGNMENTS � y The City and Consultant each bind themselves, successors, executors, administrators and assigns to such other party in respect of all covenants of this Contract. Except as provided herein, neither City nor Consultant shall assign, sublet or transfer his Interest In this Contract without the written consent of the other. 7 d -9 !, TERMINATION OR MODIFICATION OF CONTRACT This Contract may be terminated or the scope of work hereunder may be modified by the City at any time without penalty or liability except as may otherwise be Specified herein, provided the Consultant will be entitled to compensation for the value of services rendered, and reimbursable expenses due, prior to such termination or modification. J. PARTIES TO CONTRACT This Contract and Agreement Is for the exclusive benefits of City and Consultant. This Contract does not exist for the benefit of any third party, nor does it create a contractual relationship with any third party or parties, including, but not limited to, Contractors, their subcontractors, and their sureties, CITY OF SOUTHLAKE, TEXAS By: (signature) (typed name) (title) - - -- SCHRICKEL, ROLLINS AND ASSOCIATES, INC. By: (signature) (typed name) (title) C? M i City of Southlake, Texas — M E M O R A N D U M March 1, 1991 TO: Curtis E. Hawk, City Manager FROM: Greg Last, City Planner nT / SUBJECT: CONTRACT WITH SHADE TREE TOYS, INC. FOR PLAYGROUND EQUIPMENT AT BICENTENNIAL PARK Attached you will find a memo from Steve Bender, a sketch of the existing playground equipment, a sketch of the proposed equipment, and a two page contract with Shade Tree Toys. Shade Tree Toys installed the first phase of the playground. As a part of the second phase they intend to weather -seal the first phase equipment. Monies for these improvements will come from the Parks and Recreation Special Revenue Fund which currently has a balance sufficient to cover these expenditures. The Parks and Recreation Board on January 18, 1991 voted to recommend that the City Council authorize the mayor to enter into a contract with Shade Tree Toys, Inc. for the Phase II playground equipment improvements for Bicentennial Park. Please place this request on the next available City Council agenda. G2 GL/lc attachments TO: Curtis E. Hawk, City Manager FROM: Steve Bender, Parks and Recreation Board Budget Director DATE: February 25, 1991 SUBJECT: Playground equipment - Bicentennial Park Attached you will find the purchase contracts for phase two addition of playground equipment to Bicentennial Park. Phase one equipment was installed by Shade Tree Toys Inc., August 4, 1989. The equipment already installed in the park now requires weather sealing. According to the contract with Shade Tree Toys, this cost is covered. I recommend this task be done as it is no additional cost to the city. Phase two will complete the playground. Listed below are the items that Shade Tree Toys Inc will install and the cost associated to each item. ITEM 1. 4X8X4 Platform $ 1180.00 2. Mat'Bridge 460.00 3. Climbing Chain Cargo Net 450.00 4. 2X10 Slide 580.00 5. Ladder 140.00 6. Tire Swing 550.00 7. Tot Swing 500.00 8. 2 Steering Wheels 90.00 Total Discount Grand Total $ 3950.00 314.00 $ 3636.00 Currently the Parks Board treasury consist of $3636.64. Shade Tree Toys Inc. will do the phase two installation for $3636.00. This contract will include the weather sealing of the phase one equipment, valued at 3% of the phase one order ($ 3229.00). There will be an eight week delay before Shade Tree Toys will install the playground equipment. During this time, the city staff will be required to relocate the swing bench outside of the playground equipment area. Shade Tree Toys will relocate the phase one monkey bars as shown on the contract at no cost to the city. enclosure: Shade Tree Toys Inc. contracts Schematic showing phase one playground equipment Schematic showing phase two addition �w 9-3 v" I ;, •� ` R c� x O 44 z� �z �j of K o c cti k 5?- V CONTRACT # (Site Analysts Form must be attached) 817-927-2641 c5AF e°,T1Lc_c7oy9,r 4205 Stadium Drive #200 Fort Worth, Texas 76133 Institution Name - �uTt/L Argi , Order Date: Estimated Contact ✓��0� Delivery (This date ur obest estimate Playground Designed For: set forth many weeks to Phone Home 4 fl9/07 ❑ Pre -School p K thru 3rd advance. Unseen weather and Address CZa3 7'M'f� c'ou�rlD�� KXk/�D '�C delivery complications of project ref and U p K thru 6'th Prior to this order may and can P asset our xnaduls. Derv. Zip 76i'1L MAPSCO#��HWdN1'�' ma v tr ry rs ora•rAiuenad: Draw Owe Y dry om the date listed — OBSTACLE COURSE— D to Standard Course ..... $6500 iioarterywtiliaAklrasa Anse D lot Lane Type Gravel Area $1850 D toz Tire Maze.............$215 D to Climbing Wall .........S620 D io4 Tunnel Plat/Pole..... $1365 D ios Monkey Bars.......... $hoo D toe Balance Beam Isissaq..5625 D for Cargo Net Climber.... $750 D toe Chin-up Bars 12sla- l ..$540 D to Parallel Ban .......... $510 D tto Pyramid Climb........ S800 D 111 Knotted Rope Climb ... $570 D 1itFire Pole Climb ........ S570 D 113 Tube Crawl Rrx tall ....$510 D 114 Td Gain Walk ......... $460 D i is Swing Sawn Walk ..... $480 D 1 to Straight Balance Besm .5300 D ttr Chin Bar pale . q .....:s680 D 1 is 24' Wooden Hurdle .... $210 D 1 to 12' Tube Hurdle ....... S255 D 12o IW Tube Hurdle ....... $275 D tat Combination Monkey. $1100 Tiss Total Obstacle Course _ (L) x lad) Sq.Fl Sq. Ft x $1.20 D two Gravel D ioi Sand D 1002Tkmt 0 D ioo3 Gravelwc.mena�dsth�._ Shade Tree r use of fall zones. Win. gravel area w120 Sq.FL Q $195.00 TOTAL Ties Total Landscape Area PLATFORM ROOFS D m Roof-3x3.............S395 D no Rod- 3xfL ............ $440 D 2" Rod -4x4.............$415 D 20 Rod -4x6.............$450 D an Roof -4x8.............$470 D 2m Roof- 6x6............. $525 D ago Castle Style 3x3 .......$500 D ni Castle Style 4x4....... S550 RAMPS 00,Ladder..............$140 D aces Slant Board Climb .....$250 D so Tire (3).............. $105 D am Tire (6) tone+sae basrdf .. $215 D am Tiro (9) lean sae boa,".. $32.9 D so Wood Ramp ..........$220 D Stir Wood w/Handrail ..... $295 D ace Extra Hand Rail (pr.) .... $65 BRIDGES s10 Wooden Clatter ....... $450 12 Mat Bridge ........... $460 eta Stat Wood ........... $455 D sip Swing Beam ......... $410 D eis Tire fade ht teal.........$415 D at? Triangle Chainimx.hL22S400 D eke 24'Tube..............i550 D Sao Monkey Bar (a&und.tl... SS25 D s2i Monkey Bar parR4.... $525 D as Extra Handrails (pr.) .... $65 D 423 D a24 - --- rLd1rr Wn . D a2z3x3x2 ..... $575 D ia4x4x2.... $750 D 4024x8x2..... 51150 D 3333x3x3 ..... SW5 D 44a4x4x3..... $760 D 084.....S/165 D 3343x3x4 ..... $W0 D 4s44x4x4..... $780 4x8x4..... $1180 0-3x3x5 ..... $615 D aa4x4x5..... $790 D4m4xsx5..... $1195 133w3x3x6 ..... S630 D 44s4x4x6..... 5815 Ddes 4x8x6..... $1210 Da»3x3x7 ..... $640 D d474x4x7..... s825 04974x8x7..... $1220 D 2e23x6x2 ..... $750 D 4a24x6x2.... $1100 13se28x8x2.....S1150 D 35a3x8x3....4760 D 4o4x6x3... $1115 D5w6x6x3 ..... S1160 13m43x6x4 ..... t780 D am4x6x4.... $1125 Dee46x8x4 ..... $1180 Dxe3x6x5 ..... $790 D am4x6x5.... $1145 D5m6x6x5 ..... $1195 D2ea3x6x6 ..... $810 D dm4x6x6.... 51160 Da s6x6x6 ..... $1210 Dx73x6x7 ..... S820 13 d y4x6x7....$1175 Daa76x6x7.-, ,s122s Tsaa Total Plat lorms //9D CLIMBERS e5o Chain Cargo Not....... $450 sn 24'40' Tube w/Hokler.. $4W D at Tire Wail Climbor (2) .... $105 D Ss4 Tire Wall Climber (6) ....:5220 D am Tire wall Climber (9) .... $330 D an Block Wall Climb...... $230 D ear Rope ................. $135 D an Chain Net Wan Climb ... $390 D on Rope Wall Climb ....... $225 MONKEY BARS D so 5 & Under yn oc. M. 2 a .. $550 D Sit 6 & Over Imse. hL 3 04 ... $550 D sit Rings imrl hL 4 sea ...... $540 SLIDES ❑ wo 8' Long/2' Wlde ....... $410 D set a'Long/3'Wide....... $450 D 8'Long/4'Wide ....... ' "-" 10' Leong/2'Wide ....... S4W $5W D am 10' Long/3' Wide ...... $625 D on 10' Long/4' Wide ...... $850 Dam 12'L.ong/2'Vlrtde....... $720 D se7 12' Long/3' Wkds ...... $755 D am 12' Long/4' VMS ...... $790 Dan Slide Enclosure i4s i ..,.. s380 D arc Slide Enclosure real .... $430 D at Chute Slide D en Spiral Slide SWINGS (on platform only) D ado Strap Swing R pow" • • . $420 D oek Strap Swing (4poaebrr) ...5500 D sat Tot Swing ppose ml ..... esT Tot Swing 14 F . -, . 4 • • • • • $420 5500 kma Tire Swing ............. S550 MISCELLANEOUS ADD DNS D soo 3x6 Floor .............$190 Doi 4 x 8 Fktor............. S235 D act Chin Bar .............. D Set Fro Pole .............. $140 $150 D am Gym Rings ............ $150 D sea Knotted Rope......... $140 D Sae Wall Enclosure One ales) . $215 D der Driven Bench .......... $135 See Steering Wheel ........ $45 D Ten Total Aeeesamles a 7 70 D 7o Barge..............i221)D D 7oz Tot House .......... $1950 D 7o Tot House w/Floor ... $22W D top Locomotive ......... $23W D toe Complete Train ...... $5430 D to 3x6 Suit -Compact Car ..5900 D w US Suburban Car .... $2580 D me Fire Truck ...........$3850 D 7o Gazebo il2diq ....... S3•t00 D ?to Tether Ball .......... $175 D 711 Siit 3 Drive ........... $200 D 712 Toddler Ramp/Slide ... S780 D 713 Covered Sand Box ikta $780 D714 Sand Box ............ S Total Specialties FREE STANDING D SwAcWityBar ........... $810 D —Swing R Pa•siad ....... i6W D aw Swing l4 paean) ....... $740 D so Two Swing ........... $840 D am Tot Swing R Poe" .... $6W D soe Tot Swing l4 in, 'c .... $740 D smTeacherBench tw/ob.df $190 D sos Fmic Table .......... S780 D am Two Cuba ............ S260 D n0 Balance Beam ........ $3W D at t Balance Beam la way) ... $625 Teas Total Free Standing TOTALS T190 OBSTACLE COURSE T109e LANDSCAPE AREA7�-�— Tsoe PLATFORMS Tess ACCESSORIES 2-no T7go SPECIALTIES Ties FREE STANDING Total Equipment 0 Delivery Char ea�— Sub Total Sales Tax 7.75% Grand Total 1st Payment it 12 equois W Balance Due C.O.D. eo Balance Due is payable in full on delivery and installation. 50% DEPOSIT REQUIRED WiTH ORDER TERMS AND CONDITIONS -For P1acJrseh conronletm. Ptwchsor apace loale k", I p iw psymani plan: TERMS: 50% dal with odor to secure Wscoment n pedudbn sch duM: 50% A. ry Wli tll" ueae due open day of 6.1"ant m4laliadert. Any variance kcm Me •Devi ate1e11 leans must hsve tn. poor oppova of monegenrnt.Tex will be added to Mticse a.copt when Yx earnp ankncae Is s pevld.d roan ad. In p.dlors of n mug be made the day 140 on. DELAYS: Sck duMd d•rwy dwe a appecerw end.! ro.arh.bi. m•swwcs wa be mad. a meta popped drwry sevdta•a. w•.ra nh.ira.vcy .son ro mar ew wgecled awriery acbeaute, buren wanot naporr.ible to rno I is ■ calendar ad apadal events associated wan any pl.ypwnd nsl"idiam. Please ndify STT of any such psrrwd activ t and we row 1*t sep cualoman rrateted d ry e.t•rrdr cnrrD.s wOdch may eMd such evrda. WARRANTY'S~ mtoA. to PtathooriM warnrMup d M govda for end yw hem dw d dolMry undernormal uss. mstrdanrre• and oemcw. Any goods m pans r.qumng tiler a repac—ni stria be p•rlpnnd a d mre daelgrhal•d by SlydoTtsr Toys, ilea Satter slWl delrrmorta wthovhr suelh Poa a pant wad dateclaa n material a vietktrrsnwp utd.t names use, mdintatutnce or sarvI and taI l - or wpax at S~s apaort. This wen" aachldce any drmrpa due to neglectk abuse wWlw iarpropw use of ptpatKt, r indalism or acid d rod. Th.s hrcrnmy is expaasly n Sou d 4ry other ergrose erbsrpl oenerdlas. Fo 2G y..rs ham dw ofarfgYW xhat diteim , sit p,« easheated pm compahcrds r. guaram.ed •gamst osoci damage a .wed lot by ed the wemnros«der. le dad/W p. The w " «ears care• due toesedaatona4rkds impees the snebwal We" of the product.. The w•r.•ny aces NOT ceser Me cost or r.m,..ny damaged rhotd a the W twl ben .1 Piece alas pwfdcd by 'to me". Alta not «vetted is damage due so chaaaan ng d w.ry/ng wake sir. natural MMancNs a pr.... 1. Ne ted pee which pat nor Impar tM savotv.r Iwtegrly d uh• weer. Me— on defects mud be occempaniad by ongmai krvtic•. Wh4e ehwy atemo n made to embody the hgnea deg— of pranct— N as equipment. w eatrtel. hooray guarervee hoodan hem a"- The usar aewnee as the, of V+Xy due to uss. AN mencha dise is sold en those conds ohs. Much no .epreswuana of Me company - wrha a charge. RETURNED MERCHANDISE. Ptew oasln our P. —its b•la0 pluming maehrclise ordered m one. A 20%hand" charge m aad4ron to transportation charges wen W made on niumed Muipni.rd. PRICES ARE SUaJECTTO CHANGE WITHOUT NOTICE ERRORS: Monographic aid cWrlral errors mmy be eaHCted by $saw at er"mti wtinaa eabialy Y Seem Seller may owed pse•a quoted s. pan of en *so~* Io perform a prod. WAce prior 10 the Issuance d at arlor war ndMcaion 10 the DESIGN: We eahraw se I poets Ow agutpmnrd avdable for your pay ros and. Ven its, m.tvo the right to d ango WwAloallahs vwthorA mi... The includes anw.t— n desW where strucl at eadaidaraaaw mud be addressed loMob m pedud bnprevarr w* AR unlY re dslgaed * met sir e.saad TDHR pubUahedrequinmonte. Cmetrmar product scary commrssda suggested gYWNms as we Y W tme "aaWaraYa. ON SITE WORK On a" work is" wore outside of d•hbwy and naaaalon dune• prchowd• Much may rock.% Wdac.". r•nrova a ni—t— ct.wnturg qulpn.rrl, W en up, .wcavairn a In..". cam be crs a.red Cl an waiow dog. wuiodaed o.dy by. shade Tree toy.. are. Walk ad« pes.med at lime of craw. Tlr condition cannot be charged or ...teed by any twpt.a.nulivo of Shade T—Toys, Inc— MAINTENANCE- Murder— Is She responsibility den Pumheser. AN moving Paris should be periodtealty in.pcted by punhaeor and nplacod se sign* of and become •ppwenL s n r.ctwwhwre.a itratwwe 1 eomptrrnte bat b.wd sth—ke .want bi.nmmy, w4 mb lied bduilgld.nod m a ngutr basis. A t4oaa Iwspactlaa should be made by pumhosr every y months- SUPERVISION- ALL PLAYGROUND AREAS AND EOUIPMEITT REOIi111E ADULT SUPERVISION. Th s is en offer lsr erdy nro a cetrod NW does not became birhdkhg uptm she p+chosar una accepted by shade Trees Toy.. nc_ as a 6denced by a1grW ure below. 1 ime of agree to terms and conditions stated above. I agree to pay balance at b tdelivery. 1 understand delivery Is C.O.D. and will have payment P Toys. Inc. Xcement sitAeealed y Shade Tree e on the day of delhr4rry.hacer pus Shad. Ties Toys Omer Dale shade 21MCe7bys;qr, t, SITE ANALYSIS FORM Institution Name `- dW1 Bf Contact -45e-V X8W4&1 Phone r O Address /ZOi' 7�BG�f tfi r>G Zi 74 P9LMAPSCO I. GROUND CONDITIONS �r Imo,-./ A. Surface Condiitt't�nyr, a Gan I�d K a S-nd * Below Surficsl[yDirt o any a Rod ❑ UU[iliria ❑ Yes j!Q to IPelredsvFyer. the owner will be mWonaVe for contacting the util- ity companies prwr to delivery to have underground service located. o CAN ❑ Seswteerrn a Water o Electric shadae'>ke'lbyss;� win scam be taptms'ble for damage to militia unlrs II.1�['�aRRAIN (site only) ��ii � ❑ EnTemeSIopc m than one drop) a Cuttarta o ShadeMetto lead o Need Thor III. OBSTRUCTIONS ON STrE Q.tann stub Ua ttwnoa. rra-m- ❑ Tree Rods Showing O ❑ ❑ Overhanging Tree umw , ❑ ❑ ❑ Ot>)ed a Awe �/y��Mj � R ❑ ❑ Other ❑ ❑ a Overhead utilities IV. Th ;site work dwdLed above to be done by Shade Tire Toys will be done on a: o work otter Rid ❑Tunc and Material Bass - On site work will be paid for at the time of irodhti n (On Site Work is any work outside of ddivay and installation of unity pur- clnved, w hich may include lance mnoval or teIm ofesistitg equip- mcnt, clean up, catavation or kveling, will be en sidered as an additional chatgr authorized only by a Shade Tice Toys, Inc. Work Older prevented at time of —de. This condition cannot be changed or waived by any tep ewn- ative of Shade Tree Toys, Inc.) XSignature Shade Tree TOTS 4205 Stadium Drive 200 Fort Worth, Texas 76133 817-927-2641 V. SUE PLAN Indicate North O Ind— main trtdkq. emm d—% near' fne ekaak and •Rae nudet4 trn.4 .1.. imr in ni k—1 p n pee Rea. cab# Nearest Electrical Outiet ft. Nast water ft wr T� City of Southlake, Texas — M E M O R A N D U M March 1, 1991 TO: Curtis E. Hawk, City Manager FROM: Greg Last, City Planner SUBJECT: PARK USE POLICY - BICENTENNIAL PARK Attached you will find the Park Use Policy for Bicentennial Park to be reviewed for recommendation by the Parks Board at their meeting on March 4, 1991. The following items highlight the changes from the previous Park Use Policy (Resolution 87-74). The underlined portions of the policy (except for the headings) are the portions that have been added since the Council meeting on February 19, 1991. 1. Reservation of Southlake Civic Center 1991 Annual Registration Fee is $25 whereas the previous fee was $15. 2. Southlake Civic Center New item in 1991 Edition of Park Use Policy: I.A.2 Special Activities are scheduled on a first come basis at $10.00 per hour, 3 hours minimum. 3. Civic Center Reserved for Other Citizens/Groups 1991 edition: $10.00 / hour, 3 hours minimum 1987 edition: $50.00 minimum / 6 hours + $10.00 each additional hour 4. Keys New items concerning the usage of keys appear in the 1991 edition. They are: a) The Civic Center shall be locked when not in use. b) Key pick up location and return policy. c) Forfeiture of security deposit if failure to return the key. 5. Ballfields A new statement appears in the 1991 edition, Section II, BALLFIELDS: "Any activity sanctioned/sponsored by Southlake Parks & Recreation shall be exempt from ballfield fees." City of Southlake, Texas Park Use Policy - Bicentennial Park March 1, 1991 Page 2 6. Ballfields Lighting Fees 1991 edition: $5.00 per hour, 2 hours minimum for each of fields 1, 2, and 3 1987 edition: a) $10.00 / first 2 hours + $5.00 for each additional hour for nonprofit organizations (fields #1 & #3); b) $20.00 / first 2 hours + $10.00 for each additional hour for other Southlake citizens (fields #1 & #3) c) No charge for field #2. 7. Field Preparation Fee 1991 edition: Weekday games - $25.00 Weekend games - $37.50 1987 edition: At a negotiated rate. 8. Overnight Use This entire section has been added to the new policy. Please place this on the Council's agenda for consideration. 6L� GL/lc enclosure: Park Use Policy from Park Board B I CENTENNIAL PARK Park Use Policy Bicentennial Park offers recreational facilities for all citizens of Southlake and other non-profit organizations within the City. It is located on North White Chapel Road just North of FM1709. For information and reservations, please call 481-5581 ext. 703: the City Manager's Office, City Hall, 667 North Carroll Avenue. DEFINITIONS: For the purpose of this park use policy, a non-profit organization is defined as: a. An organization holding a valid non-profit charter approved by the State of Texas. A copy of this charter is required; or b. An organization sponsored by a public school district within the City of Southlake. FACILITIES AND FEES: I. Southlake Civic Center A. Non-profit organizations operating within the City of Southlake 1. The Civic Center may be reserved for regular meetings. An annual registration fee of $25.00 is to be paid in September each year. A list of regular meeting dates must be submitted with the registration. A security deposit of $50.00 is required at the time of registration. This deposit is refundable if the facility has been left clean and in order and the key returned on time. If the facilitv is not left clean and in order or if the key is not returned within one-half hour following a meeting, the security deposit will be revoked and must be replenished prior to the next meeting. Users are responsible for all damages occurring to the facilities through user's negligence or negligence of quests, invitees, etc. Payment of the security deposit does not release the user from this responsibility. 2. Special activities, such as fund raising events or holiday parties, will be scheduled on a first come basis at a rate of $10.00 per hour, three hours minimum. 1d-3 Park Use Policy Page 2 3. No group may reserve the Civic Center for regular meetings from 1:30 p.m. on Friday to midnight Sunday. These hours are reserved on a first come basis only. 4. Access to the facility is limited to the scheduled group when meetings are in session. B. Other citizens or groups 1. The Civic Center may be reserved for functions such as family reunions or birthday parties at the rate of $10.00 per hour, three hours minimum. 2. A security deposit of $50.00 is required with the reservation. This deposit is refundable if the facility is left clean and in order and the key returned on time. 3. Access to the facility is limited to the scheduled group when functions are in progress. C. Keys 1. The Civic Center shall be locked when not in use. 2. The key will be available at police dispatch at Southlake City Hall and must be returned there within one-half hour after the reserved time. 3. Failure to return the key will result in forfeit of the security deposit. II. Ballfields There are three ballfields available to the citizens of Southlake and non-profit organizations operating within the City. Groups outside the City will be given consideration on an as available basis at a negotiated rate. The Southlake Baseball Association, the Southlake Girls Softball Association, and any activity sanctioned/sponsored by the City of Southlake Parks and Recreation Board shall be exempt from the following fees. A. Lighting Fees 1. Field #1 is a tournament -size, lighted field and Field #2 and #3 are smaller, lighted fields. Each field can be reserved for a base rate of $5.00 per hour for a minimum of two hours, paid in advance. 0 Park Use Policy Page 3 B. Field Preparation Fees 1. If the City Park personnel are requested to prepare the ballfields for play (i.e., drag it, chalk it and place bases), the following fees will be paid in advance: Weekday games: $25.00 Weekend Games: $37.50 III. Concession Stand Citizens of Southlake an non-profit organizations within the City must request the concession stand in advance and must provide volunteers to staff and stand. The City of Southlake may have a contract granting a particular vendor exclusivity. Organizations should check with City staff before procurinv supplies for the concession stand. There must be at least one adult present in the concession stand while it is open. IV. Tennis Courts Use of the tennis courts will be on a first -come basis for one hour periods when others are waiting. V. Overnight Park Use The park may be reserved on an overnight basis subject to approval by the City Council. In deliberating the merits of the use the Council shall consider the factors outlined in Zoning Ordinance #480, Section 45.5. Council shall _specifically consider the length of time for the use, any fees or deposits to be charged and security to be provided. NO ALCOHOLIC BEVERAGES WILL BE SOLD OR CONSUMED IN THE PARK. /o - 5'_ City of Southlake, Texas e y a M E M O R A N D U M March 1, 1991 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Participation in the Humane Society of North Texas Regional Animal Shelter Program --------------------------------------------------------------- The attached contract and procedures were discussed in my office with Mr. Burns, the Treasurer of the Humane Society, on February 28, 1991, with the following understanding. We will review this contract, and next Tuesday, March 5th, it will be a discussion item on the City Council agenda. After Tuesday we will make any addendums the Council wishes. This will then be forwarded to Mr. Burns for his perusal and initial acceptance. At such time the contract is accepted by Mr. Burns, it will be brought back to the City for the proper ratification. Terms and conditions seem to be in order. One thing that I would recommend is that under the procedure concerning fees, we require them to give us a complete receipt showing number of animals received in a single incident, with an address and name of person submitting these animals and the date that the animal was submitted to the shelter. This should be required upon presentation of the bill to the City. As you noticed in last quarter's bill, it basically gave us a number of dogs, without much backup work. I believe that we should request this as an accounting measure for both the City's and the Humane Society's information. Also under fee schedule, we would like to see that there would be no additional charge to the City for impoundment and/or euthanasia of animals other than those charges set out in number 1 and number 2 of the fee structure. 64 BC/mr Attachment CONTRACT FOR PARTICIPATION IN HUMANE SOCIETY OF NORTH TEXAS REGIONAL ANIMAL SHELTER PROGRAM This Contract is entered into by and between the Humane Society of North Texas 1840 East Lancaster, Fort Worth, TX 76103, a not -for -profit Texas Corporation, ,►hereinafter referred to as "the Humane Society" and the City of Southlake, 667 N. Carroll Avenue, Southlake, TX 76092 hereinafter referred to as "the City". WHEREAS, the City has recognized the critical need for a collective action to fund a Regional Animal Shelter Program to serve the needs of the citizens of the City as there presently exists a serious need for such a shelter to handle the increasing number of rabid, stray, abandoned, neglected, and abused animals. WHEREAS, the City recognized the need for humane care for the the stray, abandoned, neglected, and abused animals at the most reasonable cost to the taxpayer. WHEREAS, the Humane Society will benefit the citizens of the City by establishing a place where stray animals can be taken and where animals can be taken to be impounded for rabies quarantine. WHEREAS,the shelter will be located on highway 114, 2 miles east of I35W. TERMS AND CONDITIONS 1. The City agrees to pay the Humane Society in accordance with the terms described in Attachment A in return for the services offered by the Humane Society, described in Attachment: A. 2. The City is responsible for carrying out enforcement provisions of its animal control ordinances. The Humane Society will not be required to apprehend nor seize any animal unless provisions of Attachment A,IV, Emergency Animal Control Services, are requested by an authorized individual. 3. If any services not covered under the conditions of this Contract are requested of the Humane Society by the City and such services is performed by the Humane Society, these services will be charged to the -City at 231 times the salary of. the Humane Society's employee who performs such service.' 4. The Humane Society will keep its animal shelter open to the public on Wednesday through Sunday from 10:00am to 4:OOpm. (except holidays) for the purpose of receiving stray and owner -surrendered annunals and to allow owners ample opportunity to redeem their impounded animals. These hours are subject to change upon 30 days* written notice by the Humane Society to the City. 5. This Contract is the entire and integrated agreement between the Humane Society and the City and supercedes all prior negotiations, representations, and/or agreements, either written or oral. 6. This Contract may be amended only by written instrument signed by both parties. 1A �A CONTRACT FOR PARTICIPATION IN HUMANE SOCIETY OF NORTH TEXAS REGIONAL ANIMAL SHELTER PROGRAM ATTACHMENT A x - �W I. A SHELTER FOR UNWANTED/INJURED ANIMALS: As Agent for the City, the Humane Society will accept dogs and cats presented to the Humane Society by residents of the City. The Humane Society will determine how the facility is to be run and how animals are disposed of, provided that ordinary good care is provided for dogs and catsin the custody of the Humane Society. 1. Holding period for Dogs/Cats A. Unless an owner is surrendering his/her own pet, the Humane Society agrees to hold dog(s) and cat(s) brought to the Humane Society for a period of four (4) days in order to allow the owner of the impounded animal(s) a reasonable amount of time to reclaim the impounded- animal(s). B. If the animal is owner —surrendered or if the animal is not reclaimed within the four (4) day holding period, the ownership of the animal shall revert to the Humane Society, and the animal will be held for adoption or humanely euthanized at the discretion of the Humane Society. The Humane Society will have the right to determine the responsibility of persons and suitability of homes of applicants offering to become the owners of unclaimed animals, and the Humane Society has the right to accept or reject such applicants for unclaimed animals. 2. Fees; Fees will be paid quarterly. Fees will be based on the number of animals received at the Society's Roanoke Shelter from residents of Southlake, animals picked up by Society personnel in Southlake, and the humber of emergency trips made by the Society's rescue vehicle. 1. Found animals brought by Southlake residents or found animals picked up in Southlake by the Society will be held for a three day minimum 0 $6.00 per day. 2. Owned animals released by Southlake residents at the Roanoke Shelter: the charge will be $7.00 per animal. 3. Emergency trips to Southlake requested by a city official: $15.00 per trip. /a - 3 - 2 - 7. In the event that any portion of this contract shall be found to be contrary to law of the State of Texas, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 8. Failure of the Humane Society to require strict performance of this Contract shall not constitute waiver of the Humane Society's right to subsequently require strict preformance. 9. If either party is prevented from performing because of events beyond its reasonable control (including but not limited to civil disturbances, labor disputes, and acts of God), then both parties are excused from performance until such time as both parties are able to perform. 10. Either party may terminate this Contract upon giving thirty (30) days written notice to the other party, provided, however, that billing reconciliation is accomplished on a pro -rated basis fo'r the period of time paid, and monies due either the City or the Humane Society are paid within thirty (30) days after such notice to terminate is given. 11. This contract shall be in effect from January 1, 1991, through December 31, 1991. HUMANE SOCIETY of NORTH TEXAS CITY of SOUTHIAKE 'i`W John S. Burns, Treasurer AGREED, this day of , 1991. - 3 - II. A FACILITY TO QUARANTINE ANIMALS INVOLVED IN BITING INCIDENTS 1. The Humane Society will provide facilities for rabies observation for at least two (2) dogs or two (2) cats for a period of ten (10) days when such action is authorized by a representative of the City. 2. If release of such quarantined animal(s) is made to the animal's owner, the Humane Society will collect $15.00 per animal per day holding fee from the owner. 3. If the owner of the animal(s) is unknown, the City will pay the Humane Society an $6.00 per day holding fee per animal. 4. Upon request by an authorized representative of the City, the Humane Society will provide for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for this service shall be $50.00 for each head shipped, payable to the Humane Society. III. COLLECTION OF FINES AND LICENSING FEES: The Humane Society, as agent for the City, will handle collection of impoundment and licensing fees assessed by the City. Funds collected will be used to offset amounts owed to the Humane Society by the City. IV. EMERGENCY ANIMAL CONTROL SERVICES ON A COST -PER -CALL BASIS The Humane Society will provide emergency animal control services on a 24-hour-a-day basis charged to the City on a per -call basis. This service can only be requested by an Official of the City and the City must provide the Humane Society with a list of individuals authorized to request this service. This list must be forwared via registered mail to the Humane Society. The charge will be 231 times the salary of the Humane Society's employee responding to the call, plus all other costs associated with handling of the emergency. V. TECHNICAL ADVICE & ASSISTANCE FOR ANIMAL ABUSE/NEGLECT CASES: The Humane Society will provide a staff of trained, professional Animal Control Officer(s), Veterinarians, and other volunteers to assist the City in obtaining the necessary evidence required to prosecute a dog bite and animal abuse/neglect cases. The Humane Society will also provide expert witnesses to appear in court. There is no cost to the City for these services. VI. ASSISTANCE IN FINDING HOMES FOR UNWANTED ANIMALS AND LOCATING LOST PETS: The Htumane Society has already created a Pet Hotline Program. The Humane Society maintains a listing of all area residents who contact us and need to: o find homes for unwanted animals o adopt a pet o locate a lost/missing pet o report cruelty to animals - 4 - LIR AN These lists are cross-referenced so that "match -ups" are made, i.e., a found pet reported is matched with the description of a lost pet reported; a request for a specific type of dog/cat is matched with the description of someone needing to find a home for an unwanted pet. This Program is administered free of charge by the Humane Society. 1a-6 City of Southlake, Texas M E M O R A N D U M March 1, 1991 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-C Attached please find a copy of the proposed Ordinance No. 480-C based on the Planning and Zoning Commission's final recommendation which they approved (6 - 0). The City Attorney made some revisions for clarity and consistency. He added a revision to Section 31.5 regarding the submission of S-P-1 landscaping plans. In reviewing the Commission's recommendation that the City Council grant all special exception uses, he felt that "the exercise of this power should be performed by the Council in the form of specific use permits." The Commission concurred with all the suggested changes per Staff's work session with Councilpersons Wilhelm and Hall on December 10, 1990 with the following exceptions: In Section 33.4 and 34.1 (y), they suggested that temporary buildings be allowed at the developer's discretion because he would not allow an excessive number of these structures and would ensure that their appearance would be compatible with the development. They further suggested revisions to the maximum lot coverage in the RE, SF-lA, SF-30, SF-20A, and residential PUD zoning districts. These changes are denoted by (++). The P & Z made additional changes to the 0-1, C-1, C-2, and S-P-2 district regulations regarding development site plans for building permits. They suggested that all requests for building permits be reviewed by P & Z and City Council except requests in the 0-1 and 0-2 districts. These were the only two districts to be reviewed administratively. Today, I met with Mayor Fickes and Councilpersons Wilhelm and Hall to discuss the recommended revisions. They suggested several areas needing further attention. Due to the limited time, their proposed revisions will be available at the Council meeting on Tuesday. 1-3--1A City of Southlake, Texas Curtis E. Hawk, City Manager March 1, 1991 Page Two The following is a summary of the areas needing further attention: Section 1: Kennel definition Section 23: Maximum Lot Coverage in SF-1, 20% lot area and 1,000 sq. ft. maximum accessory bldg. Section 24: Maximum Lot Coverage in SF-30, 20% lot area and 750 sq. ft. maximum accessory bldg. Section 25: Maximum Lot Coverage in SF-20, 20% lot area and 500 sq. ft. maximum accessory bldg. Concept Plan approval by the City Council needed prior to the issuance of a building permit in the 0-1, 0-2, C-1, C-2, C-3, C-4, I-1, and I-2 districts. A Concept Plan is already required at zoning approval for requests in the B-1, B-2, and HC districts. They suggested that the applicant could submit the concept plan at zoning or prior to the building permit request. This Concept Plan would be reviewed in Public Hearing after full notification had been given. The items listed in the existing Concept Plan section (#41) would be applicable with the exception of (i), (j), and (k). City Staff would approve the Site Plan (per Section 40) needed by all these districts prior to the issuance of a building permit. The Site Plan should substantially conform to the Concept Plan previously approved by the City Council. Section 40: When a residential P.U.D. is developed in phases, each phase shall be equal to the maximum density permitted under the least restrictive single family zoning district at the time the development site plan is approved. Section 43: * In the Supplementary District Regulations, Section 33.2 should clarify the requirement of a sight triangle and provide an exhibit. * "Temporary Buildings" need further attention. * Any reference to another City ordinance should read "No. 514 as now or hereafter amended." Section 45 Change (.) to (:) at the end of (6). Section 46: Site Plans, reconsider the requirements of the SP-1 and SP-2 districts, subsections (m) and (n) In (z), change "should" to "shall" in the second sentence. Section 50: Specific Use Permits, Add HC to #1, sale of alcoholic beverages. Delete #8: Addressed in Sale of Seasonal Items Ordinance Delete #33: Prohibited by Firearms Ordinance 13 -1 13 City of Southlake, Texas Curtis E. Hawk, City Manager March 1, 1991 Page Three Other items discussed: Handicapped parking requirement should be included in the ratios provided by use and not added to the required number of spaces. Reciprocal parking agreements in shopping centers. Accessory buildings and uses. Recommended maximum height of accessory buildings be one (1) story or fourteen feet (141). Recommended that if the accessory building had a permanent foundation, that it should be set back a minimum of ten feet (101) from the rear and side property lines in the rear yard to prevent encroachment into any easement. Definitions of front, side, and rear yards. KPG 13- 1 C 1 ORDINANCE NO. 480-C IAN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEAS, BY REVISING THE MAXIMUM LOT COVERAGE IN RES DENTIAL, COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS; BY DE SPECIAL E ON POWE OF B ARD OF ADJUS BY ADDING USES IN ALL ZONING DISTRICTS" SF CIFIC USE PERMITS; BY AMENDING SITE PLAN AND CONCEPT i PLAN REQUIREMENTS IN RESIDEMIALo COMMERCIAL AND INDUSTRIAL DISTRICTS; BY REVISING THE PERMITTED USES IN THE C-11 C-21 B-1 AND B-2 ZONING DISTRICTS; BY REVISING THE FLOOR AREA AND OTHER DEVELOPMENT REQUIREMENTS IN THE C-11 C-4 AND I-1 ZONING DISTRICTS; BY REVISING PARKING REQUIREMENT$; BY REVISING SUPPLEMENTARY DISTRICT REGULATIONS•REGARDING VISIBILITY, SEWAGE DISPOSAL AND OTHER REQUIREMENTS; BY REVISING REGULATIONS AFFECTING SWIMMING POOLS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN j PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city w acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake has heretofore adopted Ordinance No. 480, as amended, as the Zoning Ordinance for the City; and WHEREAS, the City Council of the City of Southlake now deems it necessary to amend Ordinance No. 480, as amended, as provided herein; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the Zoning Ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: slake\4E0-e.ord -1- ` 3--AR SECTION 1 That Section 4, Definitions, of Ordinance No. 480, as amended, is hereby amended by revising or adding the following definitions to read as follows: "KENNEL - Any lot or premises on which, in the aggregate, four (4) or more dogs, cats or other domestic animals of at least four (4) months of age are housed or accepted for boarding, trimming, grooming and/or bathing. LOT MEASUREMENTS c. Width of a lot shall mean the distance between the side property lines measured at the front building line. REVERSED FRONTAGE - Reversed frontage is a lot which has setback lines on both streets equal to the front setback line as required by the Zoning Ordinance unless such lots align back-to-back which would allow both lots to show a side yard setback along the side street. SPECIFIC USE PERMIT - A permit recommended by the Planning and Zoning Commission and authorized by the City Council for the use of land or structures in accordance to the provisions in Section 45." SECTION 2 That Section 6, Nonconforming Uses, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 6.8 thereof to read as follows: "6.8 SPECIAL EXCEPTION USES/SPECIFIC USE PERMITS• NOT NONCONFORMING USES - Any use for which a specific use permit is granted pursuant to this ordinance shall not be deemed a nonconforming use, but shall, without further action be deemed a conforming use in such district only for the single property granted such special exception or specific use permit. Any special exception or specific use permit heretofore granted by the Board of Adjustment or City Council which was lawfully existing at the e�fective date of this ordinance shall be considered a nonconforming use and shall be subject to all terms of this ordinance relating to nonconforming slaka\480-c.ord /43- 3 uses, unless the zoning classification under this ordinance for the property to which the special use attaches allows that particular use. Any special exception or specific use permit which has expired or which is not in compliance with the conditions placed upon such use shall not be permitted to continue." SECTION 3 That Section 8, "CS" Community Service District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 8.4 thereof to read As follows: s "8.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 4 That Section 9, "AG" Agricultural District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 9.4 thereof to read as follows: "9.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." slake%4W-e.crd -3- SECTION 5 That Section 10, "RE" Single Family Residential Estate District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 10.4 thereof to read as follows: "10.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 6 That Section 11, 11SF-1A" Single Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 11.4 thereof to read as follows: 1111.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 7 That Section 13, "SF-30" Single Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 13.4 thereof to read as follows: "13.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zcning Commission as specifically authorized in Section 45 of this ordinance, subject to full and slake\480-c.ord -4- /� �� AN complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 8 That Section 14, "SF-20A" Single Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 14.4 hereof to read as follows: s "14.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 9 That Section 16, "MF-1" Two Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 16.4 thereof to read as follows: 1116.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." s t ake\4a(►-cord - 5- SECTION 10 That Section 17, 'IMF-2" Multiple Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 17.4 thereof to read as follows: "17.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 11 That Section 18, 110-1" Office District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 18.4 thereof to read as follows: 18.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 12 That Section 20, "C-1" Neighborhood Commercial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 20.4 thereof to read as follows: 1120.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and slake\480-c.ord -6- 47- E complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 13 That Section 21, 11C-2" Local Retail Commercial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 21.4 thereof to read as follows: "21.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 14 That Section 22, 11C-3" General Commercial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 22.4 thereof to read as follows: "22.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." slake\68C-c.ord .7- 13 SECTION 15 That Section 23, "C-4" Arterial Mall Commercial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 23.4 thereof to read as follows: "23.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 16 That Section 24, "B-1" Business Service Park District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 24.4 thereof to read as follows: "24.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 17 That Section 25, 11B-2" Commercial Manufacturing District, o� Ordinance No. 480, as amended, is hereby amended by revising Subsection 25.4 thereof to read as follows: "25.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and slake\480-c.ord -8- R] complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 18 That Section 26, 11I-1" Light Industrial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 26.4 thereof to read qs follows: "26.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 19 That Section 27, 11I-2" Heavy Industrial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 27.4 thereof to read as follows: "27.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. When the City Council grants a specific use permit for petroleum operations in the I-2 district, such use is further conditioned by the following provisions: sLakeXL80•c.ord -9- (a) Development Regulations - The development regulations set forth in Section 27.5 apply with the following additions and changes: (1) The height restriction as set out in Section 27.5(a) apply to buildings designed for human occupancy and are not intended to regulate the height of towers, fuel storage tanks, antennas or other accessory or ancillary structures. The maximum height of non -building structures shall be limited to fifty (50) feet but this number may be exceeded by approval of the City Council as outlined in Section 16 33.5(b) of this ordinance. (2) Section 27.5(g) shall not apply to petroleum operations. (3) Delivery Routes: Each petroleum operation business within the I-2 zoning classification shall provide the Zoning Administrator with a route map showing the roadways over which normal delivery or transfer operations of petroleum products will occur in relation to the normal business operations of that activity. The purpose of this requirement is to assist the police department and fire department of the City of Southlake to prepare appropriate emergency response plans to assist in managing any accident relating to the movement of quantities of petroleum product through the City. The delivery route plan shall consist of a map outlining the routes used by delivery equipment or systems. A narrative shall accompany the map explaining the type of products moved and the general schedule of movements of these products. (4) Delivery of Inspection Reports: To the extent that any petroleum product related business within the I-2 zoning classification is subject to on -site safety or operational inspections by a state or federal regulatory agency, the business operation in question shall provide the Zoning Administrator with a copy of the most recent inspection reports with any and all attachments or appendices within ten (10) working days from the date upon which each and every inspection report is received. The purpose of this requirement is to allow the City and its slake\680-cord -10- /��// public safety employees to evaluate and monitor any potential environmental or safety hazards resulting from the operation of these facilities. The City of Southlake will not make public this information, but will use it exclusively for public safety and environmental planning and analysis. (b) Performance Standards - The performance standards as set forth in Section 27.7 shall apply with the following additional requirements: (3j In addition to the standards set forth in Section 27.7(g) regarding fire hazards, each and every petroleum product related business within the I-2 zoning classification shall annually file a Fire and Emergency Safety and Response Plan with the Fire Marshal of the City of Southlake. Said plan shall be filed on or before January 5th of each calendar year. The Plan shall consist of a map of the site or facility and shall include the location of all firefighting equipment, firefighting apparatus, fire alarms and/or smoke detectors. The plan shall further explain what special provisions for firefighting or emergency action exist on or within the site. It is anticipated that this requirement will identify special firefighting equipment or apparatus that may be unique to the specific facility. Attached to the annual report, will be the identification of any petroleum products stored on the site along with a narrative description of the normal procedures to be followed in fighting a fire or responding to an explosion report dealing with that substance if it is not a substance regularly encountered by municipal firefighting personnel. The purpose of this requirement is to assist the fire department of the City of Southlake in preparing to handle any emergency responses requested or required in the I- 2 zoning district. As a further portion of this plan, the business shall identify any special breathing apparatus or equipment located on -site for use of business personnel in the event of an emergency. information concerning the slake\4W-c.ard specific type of such equipment shall be included within the plan. (2) State and Federal Regulations: Each and every petroleum product related business within the I-2 zoning classification shall provide the Zoning Administrator with a specific listing of all state and federal regulations or requirements identifying health, safety and environmental regulations and requirements applicable to petroleum products terminal operations, blending operations or pipeline transfer operations. It is recognized that these regulations vary by type of business activity and by size of business activity. In addition to identifying the regulation under which the business must operate, each business activity must also provide a listing of the number of regularly scheduled inspections which are undertaken to ensure compliance with those requirements. If an individual contact point with the regulatory agency has been established and is traditional for this type of operation, the business will provide the Zoning Administrator with the name or position title and the mailing address and telephone number of the contact individual within the state or federal regulatory agency. The purpose of this requirement is to allow the City to coordinate its regulatory and monitoring activities with those of appropriate state and federal agencies. Each business providing information under this provision will be required to supplement and/or update that information as changes occur. (3) Additional Standards: The Planning and Zoning Commission may recommend to the City Council the establishment of additional performance standards to protect neighboring areas and land uses from potential industrial hazards and nuisances as necessary." SECTION 20 That Section 28, "HC" Hotel District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 28.4 thereof to read as follows: stake\480-c.ord -12- /3-/3 F ++28.4 SPECIFIC USE PERMITS - Specificusepermits City following as be approved by the from the Planning and Zoning recommendation i specifically authorized in Section Commission as 45 of this ordinance, subject to full and complete compliance with any and all conditions 45, together with any other required in Section the City Council may impose. Any conditions as to an approved specific usrPermit use accessory be permitted without specific appal shall it complies with the conditions for an accessory use as defined in this ordinance." SECTION 21 ' ++rgin Manufactured Housing District, of 29, That Section amended, is hereby amended by revising Ordinance No. 480, as Subsection 29.4 thereof to read as follows: n29.4 SPEC FI IC USE PERMITS - Specific use permits may City Council following a roved by the be approved and Zoning recommendation from the authorized Section in Commission as specificallysubject to full and 45 of this ordinance, and all conditions complete compliance with any other required in Section 45, together with any City Council may impose. Any conditions as the to an approved specific use permit use accessory shall be permitted without specific approval if accessory it complies with the conditions for an this ordinance." use as defined in SECTION 22 Im That Section 10, ++RE++ Single Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising paragraph -e. of Subsection 10.5 to read as follows: ++e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot ov rthe not exceeding thirty pxim lot area, except the sum total o accessory buildings shall not exceed five percent of the lot area." -13- /�_/ / slake\480-c-ord SECTION 23 That Section 11, "SF-1A" Single Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising paragraph e. of Subsection 11.5 to read as follows: "e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding thirty percent (30%) of the lot area, except the sum total of accessory buildings shall not exceed five percent (5%) of the lot area." ' SECTION 24 That Section 13, "SF-30" Single Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising paragraph e. of Subsection 13.5 to read as follows: "e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding thirty percent (30%) of the lot area, except the sum total of accessory buildings shall not exceed five percent (5%) of the lot area." SECTION 25 That Section 14, "SF-20A" Single Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising Paragraph e. of Subsection 14.5 to read as follows: "e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding thirty percent (30%) of the lot area, except the sum total of accessory buildings shall not exceed five percent (5-1) of the lot area." SECTION 26 That Section 18, "0-1" Office District, of Ordinance No. 480, as amended, is hereby amended by creating a new Subsection 18.6 to read as follows: stake\480-c.crd -14- /43 �/� " 18.6 DEVELOPMENT SITE PLAN - Administrative approval of a development site plan meeting the requirements of Section 40.3 will be required prior to the issuance of a building permit for any construction in the 0-1 district." SECTION 27 That Section 20, "C-1" Neighborhood Commercial District, of Ordinance No. 480, as amended, is hereby amended by deleting the permitted use in Subsection 20.2.a.5., and by revising the permitted use in Subsection 20.2.a.1. to read as follows: 111. Offices of a business and/or professional nature providing services not including fabrication, manufacture, or production of goods." That Section 20, "C-1" Neighborhood Commercial District, is further amended by revising paragraph f. of Subsection 20.5 to read as follows: "f. Floor Area: Each store, shop or business shall have a minimum of five hundred (500) square feet of floor area, but the minimum size for a separate building or structure existing within this district shall be two thousand (2,000) square feet. The maximum floor area contained within any structure existing in this district shall be ten thousand (10,000) square feet." That Section 20, "C-1" Neighborhood Commercial District, is further amended by creating a new Subsection 20.6 to read as follows: " 20.6 DEVELOPMENT SITE PLAN - A development site plan shall be required for a building permit within the C-1 Neighborhood Commercial District. This site plan shall be prepared and approved in accordance with Section 40 of this ordinance." slake\480-c.ord -15- / ? — /4 SECTION 28 That Section 21, "C-2" Local Retail Commercial District, of Ordinance No. 480, as amended, is hereby amended by revising the permitted use No. 21. in Subsection 21.2, to read as follows: 1121. Filling stations or service stations, operating with or without a convenience store. Such use may offer gasoline, oil, greasing and accessories, and may contain a small car wash facility, but may not include fender or body repairs, mechanical services, rear -end, transmission or engine • overhaul." That Section 21, "C-2" Local Retail Commercial District, is further amended by adding a new Section 21.6, to read as follows: " 21.6 DEVELOPMENT SITE PLAN - A development site plan shall be required for a building permit within the C-2 Local Retail Commercial District. This site plan shall be prepared and approved in accordance with Section 40 of this ordinance." SECTION 29 That Section 22, 11C-3" General Commercial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 22.6 thereof to read as follows: " 22.6 DEVELOPMENT SITE PLAN - A development site plan shall be required for a building permit within the C-3 General Commercial District. This site plan shall be prepared and approved in accordance with Section 40 of this ordinance." SECTION 30 That Section 23, 11C-4" Arterial Mall Commercial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 23.6 thereof to read as follows: " 23.6 DEVELOPMENT SITE PLAN - A development site plan shall be required for a building permit within the C-4 Arterial Mall Commercial District. This site plan shall be prepared and approved in accordance with Section 40 of this ordinance." slake\480-c.ord -16-/ 3 -/7 SECTION 31 That Section 24, 11B-1" Business Service Park District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 24.6 thereof to read as follows: Is 24.6 DEVELOPMENT SITE PLAN - A development site plan shall be required for a building permit within the B-1 Business Service Park District. This site plan shall be prepared and approved in accordance with Section 40 of this ordinance." SECTION 32 That Section 25, 11B-2" Commercial Manufacturing District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 25.6 thereof to read as follows: " 25.6 DEVELOPMENT SITE PLAN - A development site plan shall be required for a building permit within the B-2 Commercial Manufacturing District. This site plan shall be prepared and approved in accordance with Section 40 of this ordinance." SECTION 33 That Section 26, "I-1" Light Industrial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 26.6 thereof to read as follows: " 26.6 DEVELOPMENT SITE PLAN - A development site plan shall be required for a building permit within the I-1 Light Industrial District. This site plan shall be prepared and approved in accordance with Section 40 of this ordinance." SECTION 34 That Section 27, 11I-2" Heavy Industrial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 27.6 thereof to read as follows: " 27.6 DEVELOPMENT SITE PLAN - A development site plan shall be required for a building permit within the I-2 Heavy Industrial District. This site plan shall be prepared and approved in accordance with Section 40 of this ordinance." slake\480-c.ord ��� 1319 SECTION 35 That Section 23, 11C-4" Arterial Mall Commercial District of Ordinance No. 480, as amended, is hereby amended by revising paragraphs b., c., d., e. and f. of Subsection 23.5, to read as follows: " b. Front Yard: There shall be a front yard of not less than thirty (30) feet. c. Side Yard: There shall be a side yard of not less? than fifteen (15) feet; provided, however, where a C-4 zoned lot abuts on the side of property zoned as single family residential, each portion of a building in excess of fifteen (15) feet in height shall be set back one (1) additional foot for each additional one (1) foot in height. d. Rear Yard: There shall be a rear yard of not less than ten (10) feet except where the lot abuts property zoned as single-family residential there shall be a rear yard of not less than twenty-five (25) feet. e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding sixty (60) percent of the lot area. f. Floor. Area: Each store, shop or business shall have a minimum of five hundred (500) square feet of floor area, but the minimum size for a separate building or structure existing within this district shall be two thousand (2,000) square feet. There is no maximum floor space, except as specified herein under other provisions of this ordinance." SECTION 36 That Section 24, "B-1" Business Service Park District, of Ordinance No. 480, as amended, is hereby amended by revising the permitted uses in Subsection 24.2.a.15., to read as follows: 1115. Nursery yards or buildings for retail sales and landscaping companies, provided that incidental equipment and supplies are primarily stored within a building or enclosed within a screening device. Nursery products themselves stake\4E0-e.ord -18- / / 7 may be grown, raised, stored and marketed outdoors. The outdoor storage and sale of nursery products shall be exempt from all other outdoor storage and screening requirements contained within this ordinance. These products are established as an exception to all other outdoor storage and screening requirements as by their very nature they assist in meeting the landscaping, screening, buffering and open space goals of the City." That Section 24 "B-1" Business Service Park District, is hereby further amended by revising paragraph e. of Subsection 24.5, to read as'follows: "e. Maximum Lot Coverage: As approved by the City Council after a recommendation by the Planning and Zoning Commission pursuant to Site Plan Review with requirements to be established based upon an analysis of the location, configuration, environmental impact and compatibility of this project with adjacent land uses." SECTION 37 That Section 25, 11B-2" Commercial Manufacturing District, of Ordinance No. 480, as amended, is hereby amended by revising the permitted uses in Subsection 25.2.a.14., to read as follows: "14. Nursery yards or buildings for retail sales and landscaping companies, provided that incidental equipment and supplies are primarily stored within a building or enclosed within a screening device. Nursery products themselves may be grown, raised, stored and marketed outdoors. The outdoor storage and sale of nursery products shall be exempt from all other outdoor storage and screening requirements contained within this ordinance. These products are established as an exception to all other outdoor storage and screening requirements as by their very nature they assist in meeting the landscaping, screening, buffering and open space goals of the City." That Section 25, 11B-2" Commercial Manufacturing District, is further amended by revising paragraph e. of Subsection 25.5, to read as follows: slake\QW-c.ord -19- 3 -a0 "e. Maximum Lot Coverage: As approved by the City Council after a recommendation by the Planning and Zoning Commission pursuant to Site Plan Review with requirements to be established based upon an analysis of the location, configuration, environmental impact and compatibility of this project with adjacent land uses." SECTION 38 That Section 26, 11I-1" Light Industrial District, of Ordinance No. 480, as amended, is hereby amended by adding a new permitted use as 'Subsection 26.2.b.16A., to read as follows: "16A. Farrier (horseshoeing)" That Section 26, "I-1" Light Industrial District, is further amended by revising paragraphs e. and h. of Subsection 26.5, to read as follows: "e. Maximum Lot Coverage: As approved by the City Council after a recommendation by the Planning and Zoning Commission pursuant to Site Plan Review with requirements to be established based upon an analysis of the location, configuration, environmental impact and compatibility of this project with adjacent land uses. _ h. All business shall be conducted entirely within a building unless outside storage is approved in connection with a specific use permit development site plan." SECTION 39 That Section 27, 11I-211 Heavy Industrial District, of Ordinance No. 480, as amended, is hereby amended by revising paragraph e. of Subsection 27.5, to read as follows: "e. Maximum Lot Coverage: As approved by the City Council after a recommendation by the Planning and Zoning Commission pursuant to Site Plan Review with requirements to be established based upon an analysis of the location, configuration, environmental impact and sla4e\480-c.ord -20- / 3- 0? / compatibility of this project with adjacent land uses." SECTION 40 That Section 30, "PUD" Planned Unit Development District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 30.5, to read as follows: "30.5 DEVELOPMENT REGULATIONS - The height, setback, area, floor space, and other development regulations for permissible uses in a PUD district shall conform to the development regulations which would be applicable to such uses if the same were situated in the most restrictive district in which such uses are permitted. However, the City Council may approve more flexible development standards if other design features provide adequate protection to surrounding and adjacent properties. For any residential PUD, the maximum density permitted shall be equal to the maximum density permitted under the least restrictive single family zoning district at the time the PUD is granted. In any residential PUD, all buildings or structures shall have a maximum lot coverage not exceeding thirty percent (30%) of the lot area, except the sum total of accessory buildings shall not exceed five percent (5%) of the lot area." That Section 30 "PUD" Planned Unit Development District, is further amended by revising paragraph c. of Subsection 30.6, to read as follows: "c. Minimum off-street parking requirements shall be established in the approved development site plan. Any deviation less than the minimum requirements specified in Section 35 shall require specific approval from the City Council." That Section 30 "PUD" Planned Unit Development District is further amended by renumbering Sections 30.10, 30.11 and 30.12 to Sections 30.9, 30.10 and 30.11, respectively. SECTION 41 That Section 31, "S-P-1" (Detailed) Site Plan District, of Ordinance No. 480, as amended, is hereby amended by deleting slske\QW-c.ord -21- /3-ao? paragraph e. of Subsection 31.5 in its entirety, and by revising paragraph d. of Subsection 31.5, to read as follows: "d. A screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development. Such plan, when required, should include screening walls, ornamental planting, lawns and gardens, playgrounds and wooded areas that are to be retained.„ SECTION 42 • That Section 32, "S-P-2" (Generalized) Site Plan District, of Ordinance No. 48b, as amended, is hereby amended by adding a new paragraph d. to Subsection 32.4, to read as follows: "d. A development site plan shall be required for a building permit within the S-P-2 (Generalized) Site Plan District. This site plan shall be prepared and approved in accordance with Section 40 of this ordinance." SECTION 43 That Section 33, Supplementary District Regulations, of Ordinance No. 480, as amended, is hereby amended by revising paragraph a. of Subsection 33.2, to read as follows: "a. At Intersections - On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to naturally impede vision between a height of two (2) feet and ten (10) feet above the centerline grades along each R.O.W. line for a distance of ten (10) feet by forty (40) feet." That Section 33, Supplementary District Regulations, is further amended by deleting Subsection 33.4 in its entirety. That Section 33, Supplementary District Regulations, is further amended by deleting the following listed appendices from Subsection 33.8: a. Site Plans required developments stake\480-c.ord -22- for all non-residential / 3-a 3 C. Highway, Farm -to Market Road and Thoroughfare setbacks i. Airport Zoning Ordinance j. Mobile Home Park Regulation Ordinance k. Site preparation and excavation ordinances and by adding the following appendices thereto, so that Section 33.8 reads as follows: " 33.8 APPENDICES - The City Council may issue supple- mentary auxiliary regulations by ordinance and may include them in this ordinance as appendices. Contemplated or already in existence at the writing of this, ordinance are the following regulations that may be'applicable to proposed development and may or may not be included as an appendix to this basic ordinance: a. Drainage Ordinance No. 482 b. Masonry exteriors required on certain buildings. C. Perimeter Street Ordinance No. 494 d. Subdivision Ordinance. e. Sign Ordinance. f. Animal Control that regulates the number and reason for housing animals in certain areas. g. Noise Regulation Ordinance. h. Floodplain or flood hazard ordinances. i. Sewer Pro Rata Ordinance No. 493 j. Fence Maintenance Ordinances." That Section 33, Supplementary District Regulations, is further amended by revising Subsection 33.14 thereof to read as follows: "33.14 HEALTH REGULATIONS: SEWAGE DISPOSAL - If the permitted use is not to be immediately served by a sewage collection system connected to an approved community treatment plant or public sewage facility, then such use shall be connected to an approved on -premise septic tank and subsurface drainage field designed and constructed in conformance with the methods and standards approved by the State Department of Health, City's Plumbing Code, and Ordinance No. 514. Where the use of an on -premise septic tank and subsurface drainage field is to be employed, the minimum lot size must be one acre per family, residence or commercial structure and must be approved by the City Council of the City of Southlake. All lots to be served by a private or septic system must have that system installed in accordance with Ordinance No. 514 and any other applicable city ordinances. Occupancy of any building or structure shall be prohibited and no certificate of occupancy issued unless the paovisions of this subsection and of subsection 31.13 are fully complied with." SECTION 44 That Section 34, Accessory Uses, of Ordinance No. 480, as amended, is hereby amended by revising the accessory uses permitted in paragraph f. of Subsection 34.1 to read as follows: ACCESSORY USE f. Private swimming pool, wading pools, and game courts (lighted and unlighted), provided that if lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent residential property; and further provided that any such pool or game court is for the private use of the site occupants and their guests, and not operated as a business. All "at grade" swimming pools with a water depth greater than twenty-four (24) inches and "above grade" swimming pools having a water depth twenty-four (24) inches or more, except for portable tot pools, shall be enclosed by a fence and gate of a height so designated by Ordinance 481 as well as the Uniform Building Code (whichever is the most restrictive) of such material and design to discourage unauthorized entry to the facility. Ornamental pools or ponds designed for decorative purposes and having a depth slake\480-c.ord -24- DISTRICT WHERE PERMITTED AG, RE, SF-1A, SF-1B, SF-30, SF-20A, SF-20b, MF-1, MF-2 and HC 9 less than twenty-four (24)inches are not subject to a special fencing requirement and may be located within required front or rear yards provided that they maintain a minimum ten foot (101) setback from the closest property line. All other pool(s) may be located in a side or rear yard, but not within a front yard, and shall not be located closer than five feet (5' ) to any side or rear property line nor be located any closer than five feet (51) to another, structure." SECTION 45 That Section 35, Off -Street Parking, of Ordinance No. 480, as amended, is hereby amended by revising paragraph a. of Subsection 35.5, to read as follows: a. Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number." That Section 35, Off -Street Parking, is further amended by revising the introductory paragraph of paragraph b.(6) of Subsection 35.6, to read as follows: 11(6) Office, Professional or Financial Uses: For all categories listed under this heading, a minimum of eight spaces shall be provided for the first 1000 sq. ft. The following requirements pertain to the • remaining square footage." That Section 35, Off -Street Parking, is further amended by revising paragraph b.(10) of Subsection 35.6, to read as follows: " (10) Industrial Uses: One (1) off-street parking space required per 1000 square feet of under -roof industrial area and one (1) space per each 300 square feet of under -roof office area." stske\480-c.ord -25 /3 /,z2/ SECTION 46 That Section 40, Site Plans, of Ordinance No. 480, as amended, is hereby amended by revising Subsections 40.1 and 40.2, to read as follows: " 40.1 GENERAL - The following requirements set forth in this section shall govern the approval of all site plans required by this ordinance unless otherwise provided in this ordinance. If any conflict exists between the language contained in this section regarding site plan requirements and any site plan ordinance of the City, the more specific requirements shall apply.' 40.2 APPLICATION - A written application for site plan approval shall be filed with the Zoning Administrator on forms prepared by the City. The application shall be signed by the owner, lessee, developer or option holder of the property and shall be accompanied by (a) a reproducible drawing and copies as required by the Zoning Administrator; and (b) a copy of the plat where the proposed site is located." That Section 40, Site Plans, is further amended by combining and revising Subsections 40.3, 40.3A and 40.3B, to read as follows: " 40.3 SITE PLAN INFORMATION REQUIRED - For purposes of determining the exact information required on each site plan, refer to the following chart summary of those districts requiring preparation of a site plan. Zoning District Name Section Symbol Residential P.U.D. Development Site Plan 30.8 (RPUD) Non -Residential P.U.D. Development Site Plan 30.8 (MXPUD)* S-P-1 Detailed Site Plan District 31.4 (SP1) S-P-2 Generalized Site Plan District 32.4 (SP2) Specific Use Permit 45.2 (SUP) Required for a building permit N/A (BP) Required in all plans N/A (All) * Requirements listed for MXPUD do not apply to any single family portions of the PUD unless noted on the item. A Residential P.U.D. is a development proposal in which ninety percent (90%) or more of the development proposed consists of single family residential or duplex districts. All other P.U.D. development proposals not meeting the criteria of single family residential slake\M-c.crd -26- / ?—o? ? districts shall fall under the category of a mixed use development site plan. The following criteria is a comprehensive list of site plan requirements. At the end of each criteria is a symbol corresponding to the symbols shown above for each of the referenced districts. If this symbol is shown then this criteria is required on all site plans in that district. a. Acceptable scale: 1"=20', 1"=4011 1"=100' or as approved. North arrow, graphic and written scale in close proximity. (All) b. Small scale location map shown. (All) c. Title includes appropriate title (i.e., "Site Plan", "Development Site Plan", etc.), name of development or platted lot and block designation, City, County and State, date of preparation. (All) d. Name and address of owner. (All) e. Name, address and phone of firm preparing the Site Plan. (All) f. Metes and bounds labeled on property boundary. (All) g. R.O.W. on or adjacent to the site labeled and dimensioned. (All) h. Adjacent property labeled with owner's name, existing zoning, land use map designation. (All) i. The width and type of proposed bufferyard must be labeled. (All) •• j. Designation of the location and size of all points of ingress/egress to the site. (All) k. All pedestrian walks, malls and open areas for use by tenants or the public. (All) 1. The location, type and height of all walls, fences, and screening devices. (All) M. Site Data Summary Chart (by phase and in total) to include the following items: - Existing zoning of this tract and any proposed zoning. (All) - Gross acreage and net acreage of the project. (All) slake\480-c.crd -27 13 -- c2 S) - Number of proposed lots. (RPUD, MXPUD including residential) - Residential density (RPUD, MXPUD including residential) - Percentage of site coverage. (MXPUD, SP1, SP2, SUP, BP) - Anticipated schedule of development. (All except BP) - Parking spaces required and provided. (MXPUD, SP1, SP2, SUP, BP) - Area of open space. (All) - Open space as a percentage. (All) - Outside storage as a percentage. (All) n. Show the following related to existing or proposed buildings: - Location, dimensions, maximum height, number of stories, use or uses contained therein, gross floor area. (All except RPUD). - Square footage broken down by use. (SPl, SUP, BP) . - Entrances and exits to buildings. (BP) Architectural renderings or elevations of the proposed structures, noting whether or not the facades meet the masonry ordinance requirements. (SP1, SUP, BP) Distance between buildings and distance from building to property lines. (All) o. Related to parking requirements: - Clear designation of all parking stalls intended for off-street parking and for off-street loading. (All) - Dimensions of such parking and loading areas. (MXPUD, SP1, SUP, BP) - Type of surface material. (BP) - Any intended lighting shown. (MXPUD, SP1, SUP, BP) p. Front building lines shown. (All) Rear and side building lines shown. (MXPUD, SP1, SP2, SUP, BP). q. Location, size, height, type and orientation of signs, lighting luminaries and exterior auditory speakers. The applicant shall also provide representative renderings of the particular sign types, facings, material compositions and colors. (MXPUD, SP1, SUP, BP) r. The location of all on -site facilities for liquid and solid waste temporary storage pending disposal slate\4W-c.ord -28 / .3 ,4;? 7 or any proposed septic fields. (MXPUD, SP1, SP2, SUP, BP) s. Location of all trash dumpsters. (MXPUD, SP1, SP2, SUP, BP) t. The types of surfacing, such as paving ( for example, asphalt, concrete, brick) , turfing or gravel, to be used at the various locations. (MXPUD, SPi, SUP, BP) U. Easements on or adjacent to the site labeled and dimensioned. (SP1, SUP, BP, RPUD and MXPUD if they impact the development) 1' V. Nearest fire hydrant dimensioned to property corner and any proposed fire hydrants shown. (MXPUD,, SP1,, SUP, BP) W. The fire lane width (20' Lane) must be designated with all curb radii adjacent to the fire lane labeled (min. 25' radius). (BP, MXPUD, SP1, SP2, SUP) X. The proposed finished grade of the site, shown to contour intervals not exceeding two (2) feet. Spot elevations must be shown at all critical points, including but not limited to edges of pavement, curb returns, building corners, drainage paths, etc. Included must be directional flow arrows in all flow lines, and all existing drainage structures labeled with size, type and flow line elevation. (BP) y. Note the benchmark used for the topographical information shown. This should correspond to a City approved benchmark. (BP) Z. A summary chart showing. all proposed variances to the closest zoning district in which the proposed use(s) would be allowed. This should show the referenced zoning district, the existing requirements and the proposed variance. (RPUD, MXPUD including residential, SP1, SP2) aa. Intended category of uses labeled. (All) bb. Show any areas intended for outside storage and method of screening. (All) CC. A plan showing the arrangement, location and composition of all landscaped areas required under other provisions of this ordinance. (BP) dd. A table of performance standards if deemed necessary by the Administrative Official because of the slake\480-cord -29- characteristic of the activities to be conducted on the site. (BP) That Section 40, Site Plans, is further amended by deleting Subsection 40.8, Conflict With Other Requirements, in its entirety. SECTION 47 That Section 41, Concept Plans, of Ordinance No. 480, as amended, is hereby amended by adding new paragraphs o., p., q., and r. to Subsections41.3, • "o. Any proposed to read as follows: zoning labeled. p. Existing zoning labeled on all adjacent tracts. q. Land use designation from Land Use Plan labeled for subject tract and all adjacent tracts. r. Owners' names labeled on adjacent tracts." SECTION 48 That Section 43, Airport Overlay Zone, of Ordinance No. 480, as amended, is hereby amended by revising Subsections 43.1 and 43.2, to read as follows: " 43.1 AIRPORT ZONING ORDINANCE - Certain areas of the City are or may be impacted by noise and other activities associated with commercial aviation operations originating and terminating at Dallas/Fort Worth International Airport. The impacted areas are shown on the Airport Overlay Zone Map attached to the Airport Compatible Lane Use Zoning Ordinance No. 479 adopted by the City. In addition to the regulations set forth in this ordinance, development in these areas shall be subject to the regulations and restrictions set forth in the Airport Compatible Land Use Zoning Ordinance. 43.2 BUILDING PERMITS - No building permit or certificate of occupancy shall be issued for any use within the Airport Overlay Zone unless such use is in compliance with the requirements of this ordinance and the Airport Compatible Land Use Zoning Ordinance." 9 slake\430-o.oro -30- SECTION 49 That Section 44, Board of Adjustment, of Ordinance No. 480, as amended, is hereby amended by deleting Subsections 44.3(c) and 44.12 in their entirety. That Section 44, Board of Adjustment, is further amended by revising paragraph b. of Subsection 44.4 thereof, to read as follows: "b. In order to provide for such changes and contingencies, an interpretation of the ordinance as to whether or not such requested land use is covered or not by the existing ordinance shall be first made by the Administrative Official. The decision of the Administrative Official may be appealed to the Board of Adjustment, who shall consider the nature and characteristics of the proposed use and its compatibility with the uses permitted in various zoning districts, and determine in its opinion which zoning district or districts such use should be listed in, and shall so make its findings in writing." That Section 44, Board of Adjustment, is further amended by revising Subsections 44.6 and 44.7 thereof to read as follows: " 44.6 CONDITIONS OF VARIANCE,- In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under • which the variance is granted, shall be deemed a • violation of this ordinance. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved or any use expressly or by implication prohibited by the terms of this ordinance in said district. 44.7 VOTE - The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Administrative Official, or to decide in favor of the applicant on any matter upon which the Board is required to pass under this ordinance, or to approve any variance." slske\480-c.ord .31- / 3 - 3.' 21 SECTION 50 That Section 45, Specific Use Permits, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 45.1 thereof, to read as follows: " 45.1 GENERAL PROVISIONS - The uses listed in this section are prohibited in the City of SouthYake unless and until a specific use permit is granted for such use by the City Council in accordance with the requirements and procedures set forth in this Section. A specific use permit shall be required for the following uses: s SPECIFIC USE 1.Sale of alcoholic beverages. 2. Outdoor entertainment centers (including ball parks, miniature golf courses, golf driving ranges, batting cages, carnivals, archery ranges and similar uses). 3. Kennels 4. Portable buildings not otherwise permitted under this ordinance. (As amended by Ord. 480- A) 5. Churches, synagogues, temples and other .similar facilities for worship, fellowship and education, subject to the following conditions: a. The City Council shall impose such reasonable conditions as it deems necessary to protect the residential neighborhoods, in so far as practicable, from the detrimental effects of noise, traffic, fire, etc. and to protect the character of the neighborhood and the value of surrounding properties; b. In granting or denying such application, the City Council shall consider such items as the total land area to be devoted to the religious use, the size of the church structures and the congregation, the frequency of church services, other activities which take place on the 0-2, C-1, C-2, C-3, C-41 S-P-1, S-P-2, PUD C-3, C-4, B-2, I-1, I-2 C-3, C-4, B-2, I-1 All except RE, SF- lA, SF-1B, SF-30, SF-20A, SF-20B, MF- 1, MF-2, MH AG, RE, SF-1A, SF- 1B, SF-30, SF-20A, SF-20B, MF- 1, MF-2 slake\430-cord -32 3-33 - premises, and the suitability of the property for residential use. The City Council shall consider all effects of such a facility, both beneficial and detrimental, and shall deny such application when the detrimental effects substantially outweigh the beneficial effects. C. Children's nurseries, child day care centers, and kindergartens may be approved as a part of the main or accessory religious building provided exterior instructional or play areas are suitably fenced from any adjacent street, parking area or property. , 6. Public, semi-public and parochial/ private schools, not including correctional institutions or trade schools. 7. Public, semi-public and private golf courses together with related clubhouse, pro -shop and maintenance/ storage buildings, provided no building is closer than one hundred (100) feet from any adjoining side or rear property lines or closer than fifty (50) feet to a public street right-of-way line. �W 8. Temporary roadside stands for the seasonal sale of fruit, vegetables, and produce raised or grown on the premises, provided that any such stand shall be set back not less than fifteen (15) feet from the adjacent street right-of-way and adjacent property lines, and further provided said stand shall be removed when the seasonal use shall cease. _9. Equestrian riding stables, tack rooms, show .rings, and rodeo grounds, either private or when operated as a business, provided adequate measures are employed to prevent health hazards to humans or animals, and adequate controls are used so as not to create offensive nuisances or odors. 10. Dude ranches catering to temporary guests housed on the premises 11. Colleges, junior colleges, or other similar institutions of higher learning, whether public or private, when located on a site of at least twenty (20) acres, and provided such facilities have direct access to a major thoroughfare street or highway and further provided that buildings and intensive use outdoor facilities are set back All except B-1, CS, HC, I-1 and I-2 AG, RE, SF -IA, SF- 1B, SF-30, SF-20A, SF-20B, MF-1, MF-2 and B-2 AG AG, I-2 AG All except CS, I-1 and I-2 sl3ke\480-c.ord / 3 —3 a minimum of one hundred (100) feet from all property lines. C-3 12. Airports, aviation field or aircraft landing areas. AG 13. Marina or yacht club, whether private or public. AG, RE, SF-1A, SF- 14. Community centers and service clubs 1B, SF-30, SF-20A, dedicated to social or recreational activities SF-20B, Imo'-1 and MF- serving the City or neighborhood thereof. Such 2 buildings and facilities shall be set back at least thirty (30) feet from all side and rear property lines and, forty (40) feet from any street line. The total ground floor area of all such buildings and structures shall not cover more than twenty-five (25) percent of the site area devoted to such facilities and activities. AG, RE, SF-1A, SF- 15. Athletic stadiums, public or private, when 1B, SF-30,SF-20A, located adjacent to a thoroughfare or collector SF-20B, MF-11 and street. MF-2 16. Fish hatcheries and fish farms. AG, I-2 All 17. Public governmental buildings including community health centers and recreation buildings, libraries, museums, postal stations, and administrative offices of federal or state government. AG, RE, SF-JA, SF- 18. Servants or family quarters for domestic 1B, SF-30 servants employed on the premises or family members of the owner of the premises and shall not be rented or otherwise used as a separate domicile provided the gross inhabitable square -footage of the floor area shall not exceed one thousand (1,000) square feet. Such quarters may be housed within the principal residential dwelling, above a residential garage, or be part of an accessory building on the same premises, and shall comply with minimum standards for light, health, safety and occupancy in conformance with other applicable City Codes and Ordinances. If the quarters exist as a separate accessory building to the principal dwelling, such quarters must be located at a distance of at least thirty (30) feet behind the principal dwelling, or not be visible from the street; in addition, such quarters must share a common street access with the principal dwelling. All utilities must be on the same meter as the principal dwelling. A separate septic system slake\QW-e.ord -3G- / 3 - 3S from the principal dwelling is required if the quarters are housed other than in the principal (W dwelling. All 19. Temporary real estate sales office, including manufactured housing, to be located on property being sold for a period of sale exceeding two (2) years. C-4, I-1 20. Sales and service of new automobiles, trucks, or motorhomes. I-1 21. Sales and service of used automobiles, trucks, or motorhomes. CS, C-11 C-2 22. Medical care f*acilities: nursing and care homes, hospitals, with their related facilities and supportive retail and personal services used, operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors when located on a site of not less than five (5) acres. CS, HC, 0-11 23. Helistop. O-21 I-11 I-2, B-2 24. Cemetery Uses. a. Application. An application for a cemetery use must be in writing and shall include: (1) Name and address of applicant. (2) Location and legal description of proposed cemetery land. (3) Complete plan in conformity with the requirements of Development Plan herein provided. (4) Preliminary specifications of all buildings, improvements, utility installations and other facilities to be constructed on or under the land proposed for zoning change. (5) Such further reasonable information as may be required by the City Council. b. Development Plan - The cemetery shall conform to the following minimum requirements: (1) drained site, draining and water. It shall be located on a well properly graded to insure rapid freedom from stagnant pools of slake\00-e.cH -35- /3- 3 L (2) All walkways and driveways within a cemetery shall be all weather, hard -surfaced. (3) When a public or community sewer system is available, sewer connections shall be installed as required by the local plumbing code. If the cemetery is not to be served immediately by a sewage collection system connected to a community treatment plant or to a public sewage facility, the occupancy of any building, residence or other structure shall be restricted until a septic tank and subsurface drainage field designed and constructed in accordance with methods and standards approved by the State Department of Health and the local plumbing code have been installed, inspected and approved by the City. If the permitted use is not to be served immediately by a water utility, occupancy shall be prohibited until water satisfactory for human consumption is available from a source on the land, or a public utility source, in adequate and sufficient supply for human use and operation of a septic tank and system. Individual water supplies must be in conformity to the local plumbing code. (4) All cemeteries must qualify and be maintained as a perpetual care center as provided in Article 912a, Revised Civil Statutes of Texas, as amended, and any other applicable state laws. (5) The cemetery must comply with all building codes, including but not limited to plumbing, electrical, street, and general codes of the City of Southlake, Texas, or other 'applicable governmental authority. (6) All use of the surface land or underground, or buildings or structures of any type shall comply with all applicable City, County, State, Federal or other governmental agency requirements as to health, sanitation, ventilation, pollution and associated matters. c. Location - Any cemetery, or any portion of land designated for the use thereof, shall comply with the following minimum requirements as to location: (1) It shall conform to distance requirements of 912a-24, Revised Civil Statutes of Texas, as amended, and such minimum distances slake\48C-c.ord -36- 13 !3 7 shall be measured from the nearest city limit point of any city or cities (other than the City �.of Southlake, Texas) to the boundary of said cemetery land nearest to the city limit of the other city by direct line measurement. (2) It shall be located not less than five hundred (500) feet from any residence or structure used for living purposes or any well, creek, lake, tank, reservoir or pond, or other such water source or place of storage, passage, or drainage. d. Parking - All parking shall be off-street parking with an all-weather surface located in the rear or side yakd next to buildings. There shall be one (1) parking space for each four (4) seats in any assembly portion of any building or structure. e. Screening and Fencing (1) All land actually used for buildings and/or burial spaces shall be completely enclosed in a fence with gates capable of being locked to prevent trespassers from entering said premises. `� (2) Any additional fencing, screening, err• walls, landscaping, or ornamental planting shall be installed if deemed necessary by the City Council in relation to the property itself or in relation to any adjoining property. 25. The City Council may authorize the 0-11 0-21 I-1 establishment of retail operations in an amount exceeding fifteen (15) percent of the net square footage of any one office structure if said increase is the consolidation of retail space -from a number of different office structures under common ownership for the purpose of achieving efficiency of use and cost economies. An example of this use would be found in a business park which might contain five separate office structures. A cafeteria or food service establishment to service all five structures might be located in one central structure under the common control, direction or plan of a common ownership and management group. The City Council shall be authorized to grant specific use permits to allow the consolidation of the fifteen (15) percent retail support sales activity, provided that the fifteen (15) percent maximum usage for retail sales limitation shall slake\480-e.ord -3'- 1.3-39 be maintained throughout an overall common project. 26. The erection and maintenance of antennas, satellite dishes, telecommunication facilities or towers in excess of maximum height regulations for this district where such structures are related to principal permitted uses occupying the structures to which they are attached or affixed. 27. Day nurseries or equivalent childcare facilities operated principally for the benefit and service of employees working within the office building or consolidated office complex. If the City Counck should choose to grant a specific use permit for this activity, the activity shall not -be subject to or included within the fifteen (15) percent calculation for supporting retail services as outlined for other supporting retail activities. All O-2, B-1 C-1 28. The location of day nurseries or similar childcare activities, if said activity is clearly designed to support neighborhood requirements in the residential areas lying in close proximity to the specific use site. C-1 29. Studios designed for the practice, education or training in art, dance, music, drama, photo, or interior design. C-2, C-3, C-4 30. Outdoor storage of plants or other greenery and B-2 if conducted as a portion of the retail operations of another principal use permitted within this district. This specific use permit is designed to permit the City Council to allow limited outdoor garden sales activity in .conjunction with traditional retail operations subject to the establishment of safeguards deemed necessary and appropriate to protect adjoining properties. In granting a specific use permit for this activity, the City Council is authorized to set out specialized buffering, screening, design and signage requirements to ensure that the outdoor storage, display and sale is totally compatible with the specific site and all surrounding land uses. 31. The City Council may permit the construction C-3 of residential units if they are constructed as a portion of a mixed use development within a single structure. This specific provision is designed and intended to allow the construction slake\480-c.ord -38- 13-- -? 7 of studio or loft -type apartments or condominium units on the floor or floors above office Wliving and retail -type activities situated on a ground floor. B-2, I-1 32. A residential unit(s) for the exclusive use of an employee or employees of the principal use, placed upon the site when such employee(s) will be fulfilling the duties of night watchman or caretaker for the site. in approving the construction of a residential unit under this provision, the City Council may establish such terms and conditions as it deems necessary to protect the interest of the community at large, the business applicant and the future occupant of the residential structure. B-2 33. Rifle and pistol ranges. CS, AG, C-3 34. Private airfields and aircraft landing area. I-1, I-2 35. Veterinary clinics for large animal care, to include such restrictions as the City Council deems necessary for protecting adjacent properties from negative environmental impacts. AG, MF-1, MF-2, L 36. The construction of accessory buildings SF-lA, SF-1B, �r or structures of a size or aggregate size greater 30, SF-20A, than that permitted under the accessory building SF-20B requirements of the zoning district in which the property lies. I-2 37. Paper or metal processing and storage. I-2 38. Gravel crushing, screening and washing. I-2 ,39. Dyecasting manufacture. . ALL 40. Concrete batching or transient mix plant. I-2 41. Concrete products manufacturing. I-2 • 42. Boiler making, repairing and boiler work. I-2 43. Asphalt storage, liquid or solid. I-2 44. Meat processing plants. AG, C-3, C-4, 45. Golf driving range. I-1, I-2 46. Petroleum Operations. The City Council may I-2 grant this use as a specific use permit, subject to compliance with the following provisions: slake\480-c.ord .39- /3- SF- a. In granting or denying a use in this category, the City Council must bear in mind that these sites are not to be located contiguous to residentially zoned properties and should be located in such a manner as to preclude the necessity to travel through residentially zoned areas to reach these sites. Petroleum operations should never be placed in an environmentally sensitive area and should be allocated only to those areas appropriately supported by public utility infrastructure and major arterial thoroughfares. Environmental impacts of this use should be carefully considered in determining whether to grant or,deny an application. I b. The City Council may permit the following uses within this category. (1) On -site storage of petroleum products. (2) Pipe line transfer or servicing operations relating to the delivery of petroleum based products. (3) Petroleum distribution points of a wholesale nature designed to allow the loading or off-loading of truck facilities in a non -retail setting. (4) Petroleum blending operations. (5) Any or all other petroleum related uses which in the opinion of the City Council appear to be in character with the permitted uses for this district. C. No specific use permit shall be granted unless a developmental site plan as set forth in Section 27.6 is submitted to, and approved by, the City Council. 47. The City Council may authorize a waiver of the solid wall screen requirement for outdoor storage, only when such outdoor storage abuts a lot or tract zoned AG, and only when there is no residence on such lot or tract within five hundred (500) feet of the storage area. The City Council has no authority to waive Section 38 Screening Requirements where the outdoor storage abuts properly zoned residential. The applicant requesting a waiver of screening requirements must submit a map to the City Council showing that the outside storage area is so situated that stske\4W-c.ord -40- / 3- 91/ 9 it will not be an eyesore, and is sufficiently (W distanced from any residences. 48. Community health Centers. All 49. Rodeo Grounds. AG, I-2 50. Outside storage, subject to the requirements I-1 of Section 38. A site plan is required. 51. Non-commercial radio and television AG, RE, SF-lA, receiving antennae and non-commercial radio SF-1B, SF-301 transmitting antennae limited in height to sixty SF-20A, SF-20B, (60) feet (measured from the ground line in front MF-I,, MF-2 of the dwelling or use facing a public street), and further providhd no electrical,• radio or television signal interference is created which would adversely affect such signals, whether audio or visual, to nearby dwellings and other permitted uses. Any and all television satellite dishes shall be installed in the required rear yard in such a manner as to reduce or eliminate their visibility from all public rights -of -way. 52. Accessory buildings located in the front SF-lA, SF-1B and RE yard. 53. In -home daycare per state regulations. RE, SF-2A, SF-1B, SF-30, SF-20A, SF- 20B 54. In -home swimming lessons. RE, SF-1A, SF-1B, SF-30, SF-20A, and SF-20B 55. Gasoline filling station in conjunction with C-1" a convenience store. SECTION 51 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. slake\4W-e.ord -41- / 3- �a SECTION 52 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 53 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 54 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. 141 slake\4E0-e.ord _Gz- / 3 ^ �13 SECTION 55 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 56 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 57 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 , 1991. MAYOR ATTEST: CITY SECRETARY slake\QW-c-Ord -43- 13-f4/( PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1991. MAYOR ATTEST: CITY SECRETARY s _ s APPROVED AS TO FORK AND LEGALITY: tjk azfo� City Attorney Date: SL ADOPTED: EFFECTIVE: slake\4W-e.ord -�,_ City of Southlake, Texas M E M O R A N D U M March 1, 1991 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Animal Control Ordinance and Related Policies and Procedures --------------------------------------------------------------- Contained herein is the proposed Animal Control Ordinance with related policies and procedures. In this recommended Ordinance, most of the wording is commonly found in other city's Animal Control Ordinances. The cities that were used are: New Braunfels, Littlefield, The Colony, Bandera, Eastland, Everman, Watauga, and all existing ordinances of Southlake. The attached Ordinance does contain points of interest that the Council may want to scrutinize and comment on. This Ordinance contains some stipulations that heretofore the City has not required, and I will outline this Ordinance making reference to certain areas. Article 1 - is the repeal of existing ordinances. Article 2 - is definitions of words, phrases and terms that will be utilized in this Ordinance and its related policies. Article 3 - is license and permits. In Section 11 we do not currently issue licenses for individual dogs or cats. We may or may not want to enter into this because of current personnel resources. If we would like to license, we would have to make certain procedural arrangements involving existing personnel. It would give us more control of the dog and cat population in the city and would provide an easy access for information on these animals. If we utilize the rabies control and the issuance of those tags by veterinarians we could utilize that source for information and control until we are in a better position to address licensing. Remembering, that at any time we could insert this particular section in the Ordinance. In Section 2 of this Article, I have addressed the permitting of animal kennels and commercial businesses as related to these animals. I do recommend that we look closely at this section in regards to some kind of regulatory policy concerning these business establishments. The attached information may not be exactly the way we will want to regulate this, but I do think that we should have some type of regulation concerning those things that are addressed in this section. Article 4 - addresses control. IM Curtis E. Hawk - City Manager Animal Control Ordinance and Related Policies and Procedures March 1, 1991 Page 2 Section 1 - addresses restraint. Section 2 - addresses care. Section 3 - addresses Guard Dogs. Article 5 - addresses Rabies, with Section 1 concerning vaccination. Article 6 - addresses City Contracting. Article 7 - addresses Fees. Article 8 - addresses Enforcement and Penalties. Article 9 - concerns City Manager Review. Article 10 - concerns Savings. Article 11 - is the Effective Date. After the Ordinance is discussed in open forum, the City Council and your comments will be addressed in Ordinance form. I will submit this to the City attorneys for their review and any necessary restructuring of legal language. 06, 4, BC/mr Attachments /0-4-;L ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REPEALING ORDINANCE NO. 254; REPEALING ORDINANCE NO. 354; PROVIDING RELATED DEFINITIONS; PROVIDING FOR LICENSE AND PERMIT REQUIREMENTS; PROVIDING REGULATIONS ON THE CONTROL AND CARE OF ANIMALS; PROVIDING FOR RABIES CONTROL; PROVIDING FOR IMPOUNDMENT AND DISPOSITION OF ANIMALS; PROVIDING A FEE SCHEDULE; PROVIDING REGULATIONS ON COMMERCIAL ANIMAL ESTABLISHMENTS; PROVIDING PROVISIONS ON VICIOUS, WILD, DANGEROUS AND EXOTIC ANIMALS; PROVIDING PROVISIONS ON GUARD DOGS; PROVIDING FOR PROCEDURES AND POLICIES TO FACILITATE THIS ORDINANCE; PROVIDING PENALTIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, City of Southlake, desires to establish regulations for the guidance of those persons responsible for the health, safety and general welfare of the citizens, as well as, to provide reasonable laws for the protection of citizens of Southlake; and, WHEREAS, the City Council, City of Southlake, desires to ensure the safe and humane care and treatment of animals; and, WHEREAS, the City Council, City of Southlake, desires to make the understanding of the regulations relative to animal care and control both clear and concise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF SOUTHLAKE, TEXAS: ARTICLE I. REPEAL OF PREVIOUS ORDINANCES SECTION 1. That Ordinance No. 254 of the City of Southlake is hereby repealed in its entirety. SECTION 2. That Ordinance No. 354 of the City of Southlake is hereby repealed in its entirety. ARTICLE II. DEFINITIONS When used in this Ordinance and approved operating procedures, the following words and terms shall have the following meanings ascribed and shall be interpreted unless the context indicates a different meaning: /el— 3 1. Abandoned - Shall mean animals left unattended for a period greater than twenty-four (24) hours on private property, and by leaving such animal unattended, creating a threat to their health, or released on public or private property with intent to dessert the animal. 2. Animal - Shall mean any mammal, amphibian, reptile, fowl, or creature of the animal kingdom, excluding a human being. 3. Animal Control Officer - Shall mean any person or persons designated by the City Council, the City Manager, Director of the Department of Public Safety, or the Director of Health to enforce the provisions contained herein. 4. City - Shall mean the City of Southlake, Texas, or the corporate limits thereof. S. Commercial Animal Establishment - Shall mean any pet shop, grooming shop, livestock auction, riding school or stable, zoo, circus, kennel or other establishment in which animals are used for or are a primary part of commercial purpohes, excluding livestock farms and ranches. 6. Domestic Animal - Shall mean all species of animals commonly and universally accepted as being domesticated. 7. Estrav - Shall mean any stray horse, stallion, mare, gelding, filly, colt, mule, jinny, jack, jennet, hog, sheep, goat, or any species of cattle or livestock. 8. Exotic Animal - Shall mean any mammal, amphibian, reptile or fowl which is not naturally tame or gentle, and is generally not found in the wild in the continental United States, and those regulated and defined by the Texas Parks and wildlife as exotic. 9. Guard Dog - Shall mean any dog trained or primarily used for the purpose of protecting persons or property by attacking or threatening to attack any person found within the area patrolled by the dog, and that is either securely enclosed within that area at all times or under continuous control of a trained handler. 10. Harboring - Shall mean the act of keeping or caring for an animal, or of providing a premise to which the animal returns for food, shelter, or allowed to remain on the property for a period of ten (10) or more days. 11. Impound - Shall mean to place an animal in the city designated animal shelter, or the taking into custody of the animal for the purpose of detaining or confining the animal by any authorized person acting under the capacity of this Ordinance or the direction of a police officer. 12. Kennel - Shall mean any place where more than four (4) dogs or more than four (4) cats or any combination of dogs and cats where the total exceeds four (4) animals over the age of six (6) months are raised, trained, boarded, harbored or kept. Puppies and kittens shall be excluded in this count. 13. Puppy - Shall mean any dog which is less than the age of six (6) months. 14. Kitten - Shall mean any cat which is under the age of six (6) months. 15. Litter - Shall consist of one (1) or more puppies or kittens. 16. Livestock - Shall mean any number of animals commonly associated with farming, ranching, or recognized commercial production including, but not limited to, horses, mules, donkeys, cattle, goats, sheep, and swine, and shall include ostriches and llamas. 17. Owner - Shall mean any person, firm, or corporation who has right of or property interest in an animal, or allows an animal to remain on or about his premises for a period of ten (10) or more days, or is routinely in charge of the care of an animal. 18. Rabies Vaccination - Shall mean the vaccination of a dog, cat, or other domestic animal with an anti -rabies vaccine approved by the State Department of Health and administered by or under the supervision of a licensed veterinarian. 19. Stray Animal, Including Estrays - Shall mean any animal, for which there is no immediate identifiable owner or harborer, and which is found to be at large within the corporate limits of the City of Southlake. 20. Vicious Animal - Shall mean any animal that, without intentional provocation, bites or otherwise attacks any human or other animal, or constitutes a physical threat by reason of its continuous aggressive behavior toward humans or other animals, or in a vicious or terrorizing manner approaches any person in an attitude of attack, whether or not the attack is consummated or capable of being consummated. Guard dogs and Police K-9 dogs are exempted from this definition when maintained in compliance with the provisions of this Ordinance and state law. IN 21. Wild Animal - Shall mean all species of animals which exist in a natural unconfined state and are usually not domesticated. ARTICLE III. LICENSES AND PERMITS SECTION 1. LICENSING 1. Any person owning, keeping, harboring, or having custody of any dog or cat over the age of six (6) months within the City of Southlake must obtain a license in accordance with current licensing procedure. 2. License fees shall be waived for certified seeing eye dogs, hearing dogs, governmental police dogs, or other certified dogs that are trained to assist the physically handicapped. 3. Each dog and cat must wear a license identification tag attached to a properly fitted collar or harness at all times. No person may use a license for any animal other than the one for which the license was issued. SECTION 2. ANIMAL ESTABLISHMENT PERMITS 1. No person, partnership or corporation shall operate a commercial animal establishment or kennel unless the establishment is located in a properly zoned area and unless a permit has first been obtained in compliance with current City policies in reference to this zoning. 2. If there is a change in ownership of a commercial animal establishment, the new owner must apply for a new permit. Permits are not transferable. 3. Every facility regulated by this chapter shall be considered a separate enterprise requiring an individual permit. 4. No fee may be required of any veterinary hospital, animal shelter, government operated zoological park, school district, civic or charitable organization. 7-1�7 ARTICLE IV. ANIMAL CONTROL SECTION 1. RESTRAINT A. Every female dog or cat in the state of estrus, commonly referred to as being in season or in heat, shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding. B. It shall be unlawful for an owner to allow any animal to molest or intimidate pedestrians, passerbys or vehicles. C. It shall be unlawful for an owner to allow any animal to damage, soil, defile or defecate on private or public property, other than that of the animal's owner. D. It shall be unlawful for an owner to allow any animal to make noises in an excessive continuous or untimely fashion which causes unreasonable annoyance, disturbance or discomfort to a neighbor or others in close proximity to the premises where the animal is being kept or harbored. These noises include, but are limited to, barks, whines or howls. E. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on a public property or on the property other than that of the owner of the animal. Exception: This provision does not pertain to any animal within an automobile or another vehicle of its owner or owner's agent, provided that when unattended said animal cannot exit or leave the confines of said vehicle or is in the immediate visual or verbal proximity to the owner and under the immediate verbal control. F. When on the owner's property, the animal must be confined to the premises by a substantial fence of sufficient design, density, strength and height to prevent the animal from escaping therefrom, or secured on the premises by a metal chain leash sufficient in strength to prevent the animal from escaping from the premises, or any other device suitable to ensure the animal remain on the premises of its owner. ! V- 7 SECTION 2. CARE AND KEEPING OF ANIMALS A. It will be unlawful for an owner to; fail to provide his animal(s) with sufficient wholesome and nutritious food, water in sufficient quantities, adequate ventilation, shelter space, protection from the weather and veterinary care when needed. B. No person shall beat, cruelly treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or any other combat between animals or between animals and humans. C. No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by an animal except, that it shall be lawful for persons to expose on his own property common rat poison, mixed only with vegetable substance if mixed, and located in a manner reasonably likely to prevent ingestion by animals other than rodents. D. No person, except a person licensed by the Texas Parks and Wildlife Department, shall place or set out steel jaw leg and/or neck traps with the intent of trapping any animal. E. No person shall own, possess, or have custody on his premises any wild, dangerous or vicious animal, including a reptile, for display, training, or exhibit purpose, whether gratuitously or for a fee. This section shall not apply to zoological parks, performing animal exhibitions, circuses, or veterinary hospitals. F. No person shall keep or permit to be kept any exotic animal unless licensed to do so by the Texas Parks and Wildlife Department or a State or Federal agency recognized in issuing such licenses. G. Fowl, rabbits and guinea -pigs must be kept in a secure pen or enclosure. Any enclosure in which fowl, rabbits or guinea -pigs are kept must be cleaned and disinfected on a frequency sufficient to prevent any unsanitary conditions. No more than a total number of six (6) fowl, rabbits or guinea -pigs, or a combination of fowl, rabbits or guinea -pigs whose total number equals six (6), shall be kept in violation of any City zoning. IV_? H. It shall be unlawful to keep bees in such a manner as to deny the reasonable use and enjoyment of adjacent property or endanger the personal health and welfare of the inhabitants of the City. I. The owner of every animal shall be responsible for the removal and lawful disposal of any excrement deposited by his animal(s) on public or private property including his own. J. All feed provided for animals, excluding bailed hay products for livestock, shall be stored and kept in rat -proof boxes, containers, or receptacles. Horse stables, livestock farms and ranches within the corporate city limits must carry out a continuous and active rat and fly control program. K. It shall be unlawful for the owner, operator, agent or driver of any truck, trailer or other vehicle that has been used for the hauling of any livestock, animals or fowl to park in or on any roadway, highway, street, alley, vacant lot or tract of land, either public or private, or in any service station or garage within the corporate limits of the City, with said vehicle containing manure, excrement or liquid discharge of such livestock, animal or fowl, when such vehicle emits an odor, gas, or fumes caused by the contents of the vehicle, which would be reasonably expected to be offensive to persons of reasonable sensibilities which would occupy the premise or adjacent premise. L. It will be unlawful for the owner, operator, agent or driver of any such vehicle to fail or refuse after having been notified by a police officer, Animal Control Officer, health officer, or Code Enforcement Officer to move such vehicle to a location that would not disturb the inhabitants of the City. M. The City of Southlake shall have the authority to immediately remove such vehicle when said vehicle is in violation of K and L of this section. N. No person shall abandon an animal within the corporate limits of the city limits of Southlake regardless of the origin of the animal. 0. It shall be unlawful for any person to allow an estray to be unattended upon a public street, alley, thoroughfare, upon property of another in the corporate limits of the city without proper permission. The burden to prevent such action shall rest with the person having ownership or right to immediate possession of such estray. P. Those animals that fit the definition of estray are subject to impoundment in accordance to the policies and procedures related to this Ordinance. SECTION 3. GUARD DOGS All dogs trained for the sole purpose of protecting property of persons and property whether residential, commercial or personal, shall be registered with the City of Southlake. The area or premises in which such a dog is confined shall be conspicuously posted with warning signs bearing letters not less that two (2) inches high, stating "GUARD DOG ON PREMISES." ARTICLE V. RABIES CONTROL SECTION 1. RABIES VACCINATION A. It shall be unlawful for any person to own, keep, harbor, or have custody or control of a dog or cat over the age of six (6) months within the City of Southlake unless such dog or cat is currently vaccinated against rabies by the injection of anti- rabies vaccine by or under the direct supervision of a licensed veterinarian. B. Certificate from the veterinarian administering the vaccine is required, and such certification shall contain the information as stated in the policies of this Ordinance. C. Any person or veterinarian having knowledge of any animal exhibiting symptoms, or that has bitten, scratched or otherwise attacked an individual or another animal, or that the person suspects to be rabid or could reasonably foresee as capable of transmitting rabies, shall immediately report to the City Health Officer or Southlake's Department of Public Safety such incidents, together with the name and address of the owner, if known, and the location of the premises where the animal can be found, as soon as possible, but not later than twenty-four (24) hours from the time of the incident. D. Every physician or other medical practitioner who treats a person for any animal bite shall within twenty-four (24) hours report such treatment to the Animal Control Officer, giving the information as required in the policies of this Ordinance to the Southlake Department of Public Safety. E. Every animal that has rabies or symptoms thereof, or every animal that is believed to have rabies, shall be impounded in accordance to the policies and procedures of this Ordinance. ARTICLE VI. CONTRACTING WITH OTHER AGENCY OR INDIVIDUAL The City of Southlake may contract with any other governmental agency, private person, firm or corporation, to perform all or part of the services for servicing this Ordinance, or for services for impoundment, redemption, licensing, care, boarding, veterinary services, associated functions to include enforcement of any or part of this Ordinance or its associated policies. ARTICLE VII. FEE SCHEDULE A fee schedule for animal control related matters shall be established by resolution and adopted by the City Council to be incorporated in the policies and procedures associated with this Ordinance. ARTICLE VIII. ENFORCEMENT AND PENALTIES SECTION 1. ENFORCEMENT A. The Animal Control Officer or City designee shall have the following powers: 1. Perform those tasks necessary to fulfill the objectives and requirements outlined by this Ordinance. 2. For the purpose of discharging the duties imposed by the provisions contained herein or other applicable laws and to enforce the same, the Animal Control Officer, Code Enforcement Officer, duly authorized representative or employee of the City of Southlake shall have the right of ingress and egress and may enter upon private property to the full extent permitted by law, which shall include, but not be limited to, entry upon private property when in pursuit of any animal which is believed subject for impoundment, abandonment or cruelty. 3. He shall have the right to inspect all areas where animals are kept when health, safety and welfare of an animal is suspect by the City. B. It shall be a violation to interfere with the Animal Control Officer, a police officer, health officer, or a person acting on the behalf of the City of Southlake in the performance of his duties relative to fulfilling the provisions contained herein. 2. For the purpose of discharging the duties imposed by the provisions contained herein or other applicable laws and to enforce the same, the Animal Control Officer, Code Enforcement Officer, duly authorized representative or employees of the City of Southlake shall have the right of ingress and egress and may enter upon private property to the full extent permitted by law, which shall include, but not be limited to, entry upon private property when in pursuit of any animal which is believed subject for impoundment, abandonment or cruelty. 3. He shall have the right to inspect all areas where animals are kept when health, safety and welfare of an animal is suspect by the City. SECTION 2. PENALTIES Any person, firm or corporation who shall violate any of the provisions of this Ordinance, or fail to comply therein or with any of the provisions thereof, shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than fifty dollars ($50.00), and each and everyday's violation shall constitute a separate and distinct offense. ARTICLE IX. REVIEW The City Manager may require a periodic review of the fee schedule and the policies and procedures associated with this Ordinance by the Animal Control Officer or any other staff member as the City Manager may deem appropriate, and if the City Manager determines that changes need to be made he shall make recommendations to the City Council regarding these changes. ARTICLE X. CONFLICTS AND SAVINGS CLAUSE SECTION 1. CONFLICTING ORDINANCES All other Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. SECTION 2. SEVERABILITY CLAUSE If any provision of this chapter shall be held void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. ARTICLE XI. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after the date of its publication and passage by the City Council as provided by law. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1991. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1991. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: POLICIES AND PROCEDURES FOR ORDINANCE NO. Article I. Quarantine Section 1. Quarantine by Owner Article II. Licenses and Permits Section 1. Licensing Section 2. License and Permit Issuance and Revocation Article III. Rabies Control Section 1. Rabies Vaccination Section 2. Reports of Rabies and Transmissible Diseases Section 3. Quarantine Procedures for Animals Article IV. Impoundment and Redemption Section 1. Impoundment Section 2. Redemption Other Than Estrays Section 3. Disposition When Held on Complaint/Violation Section 4. Reports of Lost, Stolen, Missing or Found Animals Article V. Estrays Section 1. Impoundment of Estray Section 2. Recovery by Owner Section 3. Sale of Estray Section 4. Use of Estray Section 5. Death or Escape of Estray POLICIES FOR ORDINANCE NO. ARTICLE I. QUARANTINE SECTION 1. QUARANTINE BY OWNER 1. The animal must be maintained inside an enclosed structure; i.e., house or garage, or outside behind a fence, approved by the Director, from which it cannot escape and on a chain from which it cannot break loose, or inside a covered pen or kennel from which it cannot escape; and it must remain there for the ten (10) consecutive days. 2. The animal must be kept away from other animals and people except for those in the immediate household. 3. The animal may not be removed from the corporate city limits of the City of Southlake while under quarantine except by a City regulated impound or by permission of the Director of the City of Southlake's Department of Public Safety or his designee. ARTICLE II. LICENSES AND PERMITS SECTION 1. LICENSING 1. Licenses, if not revoked, shall be valid for a period of one year and shall begin with the rabies vaccination date. 2. The City of Southlake shall maintain a record of the identifying numbers of all tags issued and current. 3. It shall be the duty of the owner of any dog or cat to procure a duplicate tag from the City of Southlake or its designee in the event that the original tag is lost or destroyed. SECTION 2. LICENSE AND PERMIT ISSUANCE AND REVOCATION A. The following procedures shall apply to the licensing of animals: I. Written application for licenses, which shall include the name, address, and phone number of the applicant, description of the dog or cat, the appropriate fee as listed in the Fee Schedule, and rabies certificate issued by a licensed veterinarian, shall be made to the City of Southlake. 2. Application for a license shall be submitted not later than thirty (30) days after obtaining a dog or cat. 3. The Animal Control Officer shall review each application for license, and upon compliance with the provisions stated herein, acceptance and approval of the license application, and receipt of the fee when required, the City of Southlake shall issue a durable license tag. 4. Upon receipt of the license tag by the owner of the dog or cat, the owner shall cause the license tag to be affixed to a collar or harness to be worn by the dog or cat. S. A record of all licenses issued by the City shall be maintained by the Animal Control Officer. All such licenses shall be identified by an individual identification number which shall permit determination by record as to the owner of the animal, the date of the last vaccination, the date of the last registration and licensing, and any other information deemed necessary by the City. 6. The City may revoke any license for one or more of the following reasons: a. Impoundment of a cat or dog by the City on three (3) or more occasions within a calendar year. b. Upon the conviction of three or more separate violations of this Ordinance or other local, state, or federal laws regulating animals within a calendar year. c. Upon determination by the Animal Control Officer that the cat or dog is a vicious or dangerous animal. d. Upon notification that the animal has an illness or disease which is communicable to humans. 7. The Director of Health shall notify the person, firm, or corporation in writing of intent to revoke the license. Such notice shall be mailed certified mail to the address shown on the l y- 1 7 application or the last known address of the owner. Such person, firm, or corporation shall have ten (10) calendar days from the date of receipt (or refusal) in which to request a hearing before the Director of Health on a date and time to be determined by the Director of Health. Upon the expiration of ten (10) days or on the date of the hearing, if such hearing is beyond the ten (10) days, the Director of Health may elect to continue or to revoke the license. The license holder shall be notified in writing of the decision. If the Director of Health revokes said license, said license holder may make a written request within ten (10) calendar days to the Office of Southlake's Department of Public Safety for an appeal of the decision to revoke the license. The Department of Public Safety shall review the facts presented by the license holder and the Director of Health within ten (10) calendar days of the date of receipt of the request. The City Manager may uphold or reverse the revocation. The Department of Public Safety shall notify the license holder in writing of the decision within ten (10) calendar days of the date of the review. The license shall be deemed finally revoked only after the time period for the appeal has lapsed or the Department of Public Safety has rendered a decision subsequent to an appeal review if such review is rendered beyond the maximum time period for such appeal review request. 8. Any person whose license is revoked shall, within ten (10) calendar days thereafter, remove said animal from the corporate city limits or humanely dispose of the animal owned, kept, or harbored on the premises. No cat or dog which has had its license revoked shall be kept, maintained, or harbored within the corporate city limits. No cat or dog which has had its license revoked shall again be licensed in the City of Southlake. 9. No part of the license fee shall be refunded. B. The following procedures shall apply to the issuance of a permit for a commercial animal establishment: 1. Upon receipt of an application for a commercial animal establishment permit, the City of Southlake shall inspect the facility prior to issuing the permit. If any deficiencies exist that prohibit the issuance of a permit, the City /o-If? of Southlake shall notify the applicant in writing, within ten (10) working days, advising of the specific deficiencies. 2. It shall be a condition of the issuance of any permit or license that the City of Southlake shall be permitted to inspect all animals and the premises where animals are kept at any time during normal business hours of the licensed premises. Refusal of permission to inspect the premises under the conditions stated herein shall constitute ground for revocation of the permit. 3. The Animal Control Officer shall review each application for permit, and upon compliance with the provisions stated herein, acceptance and approval of the application, and receipt of the fee when required, the City of Southlake shall issue a permit. 4. The permit shall be prominently displayed at the commercial animal facility. 5. If after issuance of the permit any establishment is found to be in violation of the rules promulgated at the time of the issuance of the permit or violation of the provisions contained herein, such establishment shall be notified in writing of the specific violations and afforded a reasonable time, not to exceed thirty (30) days, in which to comply. Failure to comply with the rules or the provisions stated herein shall constitute grounds for revocation or denial of renewal of the permit. 6. The Director of Health shall notify the person, firm, or corporation in writing of intent to revoke the permit. Such notice shall be mailed certified mail to the address shown on the application. Such person, firm, or corporation shall have ten (10) calendar days from the date of receipt (or refusal) in which to request a hearing before the Director of Health on a date and time to be determined by the Director of Health. Upon the expiration of ten (10) days or on the date of the hearing, if such hearing is beyond the ten (10) days, the Director of Health may elect to continue or to revoke the permit. The permit holder shall be notified in writing of the decision. If the Director of Health revokes said permit, said permit holder may make a written request within ten (10) calendar days to the office of Southlake's Department of Public Safety for an appeal of the decision to revoke l T`ly the permit. The Department of Public Safety shall review the facts presented by the permit holder and the Director of Health within ten (10) (W calendar days of the date of receipt of the request. The Department of Public Safety may uphold or reverse the revocation. The Department of Public Safety shall notify the permit holder in writing of the decision within ten (10) calendar days of the receipt for appeal. The permit shall be deemed finally revoked only after the time period for the appeal has lapsed or the Department of Public Safety has rendered a decision subsequent to an appeal review if such review is rendered beyond the maximum time period for such appeal review request. 7. Any person whose permit or license is revoked shall, within ten (10) calendar days thereafter, humanely dispose of all animals owned, kept, or harbored on the premises. No part of the license fee shall be refunded. 8. Any person having a permit revoked may not reapply for another permit for a period of thirty (30) days. C. The following shall constitute grounds for denial of issuance or revocation of a permit: 1. Any owner or employee has been convicted of any violation of rules promulgated by the Director of Health, provisions contained herein, any city ordinance relative to the establishment, any local, state or federal laws regulating possession, care or treatment of animals or any local, state law relating to fraudulent business practices. 2. Any information provided on the application is determined to be withheld or falsified. ARTICLE III. RABIES CONTROL SECTION 1. RABIES VACCINATION A. Every owner of a dog or cat immunized against rabies as required herein shall procure a rabies vaccination certificate from the veterinarian administering the vaccine. Such certificate shall contain the following minimum information: 1. The animal owner's name, address, and telephone number. 2. A description of the animal vaccinated. 3. Date vaccinated. 4. Veterinarian's signature and license number. SECTION 2. REPORTS OF RABIES AND TRANSMISSIBLE DISEASES A. Any veterinarian who shall find any animal within the city limits afflicted with rabies or any other disease which is transmissible from animal to humans shall immediately report to the city health officer or Department of Public Safety such case together with the name and address of the owner, if known, and the location of the premises where the animal can be found. B. Persons having knowledge of any animal exhibiting symptoms, or that has bitten, scratched or otherwise attacked an individual or another animal, or that the person suspects to be rabid or could reasonably foresee as capable of transmitting rabies, shall report the animal or incident to the Animal Control Officer, Department of Public Safety, or the Rabies Control Officer as soon as possible, but not later than twenty-four (24) hours from the time of the incident. The report shall include the name and address of any victim and the owner of the animal, if known, and any other information known and relating to the incident or animal. C. Every physician or other medical practitioner who treats a person for any animal bite shall, within twenty-four (24) hours, report such treatment to the Animal Control Officer, giving the name, age, sex and precise location of the bitten person and such other information as the City designee may require. SECTION 3. QUARANTINE PROCEDURES FOR ANIMALS A. Every animal that has rabies or symptoms thereof, or every animal that a person could reasonably suspect as having rabies, or that bites, scratches, or otherwise attacks another animal or any person within the City of Southlake, and in which the owner is not known shall be impounded at once by the .Animal Control Officer and held for observation and quarantined at the approved quarantine facility of a licensed veterinarian or humane society. The facilities must meet the minimum state quarantine facility standards and will be subject to inspection by the Texas Department of Health. /,4- a/ B. The owner of any animal that is reported to have rabies or symptoms thereof, or to have been exposed to rabies, or to have bitten, scratched, or otherwise attacked any person or other animal within the City of Southlake, or that the owner knows or suspects to be rabid or to have attacked an individual, shall notify the Animal Control Officer and make the animal available for surrender for a quarantine period of ten (10) days. The ten day observation period shall begin on the day of the incident. The Animal Control Officer may require the owner of the animal to immediately surrender the animal for quarantine at the approved quarantine facility of a licensed veterinarian or humane society at the expense of the owner of the animal or permit the owner to quarantine the animal in accordance with the provisions contained herein. C. In the event the owner of such animal described above refuses to surrender such animal on demand, such action shall constitute a misdemeanor and upon conviction be punishable by a fine. D. If the owner of an animal described above cannot be identified or located at the time of an investigation by the Animal Control Officer, or if the animal was running a large, the Animal Control Officer shall make reasonable attempt to impound the animal and take it to: 1. The local veterinarian listed on the vaccination tag if such identification tag is worn by the animal. The veterinarian shall be responsible for contacting the owner of the animal and for quarantining the animal for at least the required times for licensed or unlicensed animals. If the owner cannot be found during this time, the animal may be humanely killed for rabies diagnosis, or may be held for the remainder of the quarantine period at the expense of the veterinarian, at which time the animal shall become the property of the veterinarian. Nothing contained herein shall prevent the veterinarian from charging the owner of the animal for services rendered. 2. The nearest local veterinarian or humane society if the animal has an out of city identification or a vaccination tag from an out of city veterinarian. The local veterinarian or humane society shall be responsible for contacting the out of city veterinarian or owner of the animal. All other provision listed above shall apply. 1yt-a2 3. The nearest local veterinarian or humane society if the animal has no identification or vaccination tag. If the animal is documented as wild or injured, or under certain other circumstances which lead the Animal Control Officer to suspect a likelihood of the animal having rabies, the animal must be quarantined from zero (0) to seventy-two (72) hours at the discretion of the health officer after consultation with the veterinarian, at which time the animal may be humanely killed for rabies diagnosis. Other animals will be quarantined for seventy-two (72) hours. If no owner has claimed the animal at the end of the seventy-two hour period, the animal may be humanely killed for rabies diagnosis, or may be quarantined for the minimal quarantine period. E. The owner of an animal quarantined under this section shall pay to the quarantine facility the reasonable costs of the quarantine and disposition of the animal, including the charged for preparation and shipment of the animal's head or brain, if required, to the Texas Department of Health certified laboratory for rabies diagnosis, at the owner's expense. All quarantine related payment arrangements shall be at the discretion of the individual quarantine facility and the facility shall be responsible for the collection of monies owed. F. The following quarantining procedures shall be observed: 1. Biting animals and animals suspected of rabies that are placed in confinement for observation must be separated from all other animals in such a manner that there is no possibility of physical contact between animals. 2. The quarantined animal must be observed at least daily by a person responsible for notifying the Animal Control Officer if clinical signs of rabies are noted. 3. At the discretion of the Animal Control Officer, an unowned animal may be humanely killed for rabies diagnosis prior to the end of the quarantine period. 4. The Animal Control Officer may require a written agreement by the owner or the custodian at the time of quarantine and the animal may be disposed of according to terms of this agreement. /L/- a3 5. If the biting animal cannot be maintained is secure quarantine or if the owner chooses not to pay for quarantine, the animal shall be humanely killed and the brain submitted to a Texas Department of Health certified laboratory for rabies diagnosis, at the owner's expense. G. Animals quarantined at a veterinary clinic shall be observed by a licensed veterinarian at least on the first and last days of the quarantine period. If the veterinarian determines that the animal has clinical signs of the disease of rabies, the animal shall be humanely killed and the head or brain submitted for testing. H. The owner of the animal may request permission from the Animal Control Officer for home quarantine if the following criteria can be met: 1. Secure facilities must be available at the home of the animal's owner, and must be approved by the Animal Control Officer. 2. The animal is currently vaccinated against rabies and possesses a current license tag as applicable. 3. A licensed veterinarian observes the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the quarantine period, the owner shall notify the veterinarian and the Animal Control Officer immediately and follow the instructions given by the veterinarian and the Animal Control Officer. I. No animal shall be released from quarantine unless: 1. The owner has an unexpired rabies vaccination certificate and license for the animal as required, or the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense and a license obtained as required. J. No wild animal will be placed in quarantine. All wild animals involved in such incidents will be humanely killed in such a manner that the brain is not mutilated. The brain shall be submitted to a Texas Department of Health certified laboratory for rabies diagnosis. it7ay ARTICLE IV. IMPOUNDMENT AND REDEMPTION SECTION 1. IMPOUNDMENT A. Unrestrained dogs or cats, animals at large, nuisance animals, injured animals, animals which pose a threat to public health or safety, any wild animal kept illegally, any animal that is suspected of having been treated cruelly, and animals which must be addressed pursuant to the provisions contained herein may be impounded by the Animal Control Officer. B. Any animal impounded and not returned to the owner, excluding quarantined animals, shall be retained according to the following schedule prior to disposal: 1. Licensed dogs and cats wearing the designated tag shall be retained for not fewer than one -hundred twenty (120) hours. 2. Unlicensed dogs and cats, other domestic animals, and livestock shall be kept for not fewer than seventy-two (72) hours. 3. Wild or dangerous cats, dogs, and other animals may be kept zero (0) to seventy-two (72) hours at the discretion of the Animal Control Officer and the animal control staff. 4. Sick or injured animals wearing no apparent identification through which ownership can be determined may be kept zero (0) to seventy-two (72) hours at the discretion of the Animal Control Officer and animal shelter staff. Sick or injured animals wearing identification, but for which no owner can be contacted within a reasonable time determined by the Animal Control Officer, may be humanely destroyed. C. If any animal is found upon the premises of any person, the owner or occupant of the premises shall have the right to confine such animal temporarily until he can notify the Animal Control Officer. D. No person shall interfere with or attempt to prevent the city enforcement agent or Animal Control Officer from catching or impounding any animal at large, whether on public or private property. SECTION 2. REDEMPTION OTHER THAN ESTRAYS A. If the owner of an animal which has been impounded is known, immediate notice shall be given to such owner. Any impounded animal may be redeemed upon payment of the impoundment fees, care and feeding charges, veterinary charges, rabies vaccination charges, and such other costs as set by the Animal Control Officer in compliance with the provisions contained herein. B. If such animal is not redeemed prior to the expiration of the minimal detention period, said animal shall be deemed abandoned and said animal may be placed for adoption or humanely euthanized. SECTION 3. DISPOSITION WHEN HELD ON COMPLAINT/VIOLATION A. If an animal is impounded for a violation of a provision contained herein; or has been declared a nuisance; or is the subject of a revocation of license, said animal may be retained in impoundment by the Animal Control Officer until all fines and fees have been paid, there is a final disposition on any related Municipal Court complaint, and there has been a disposition on any pending administrative process. B. The Animal Control Officer may release the animal back to the owner pending the results of any related Municipal Court hearing or administrative process, if in the opinion of the Animal Control Officer such release poses no reasonable expectation of threat to human or animal life. SECTION 4. REPORTS OF LOST, STOLEN, MISSING OR FOUND ANIMALS A. The City of Southlake shall maintain a list, current to 30 days, of all animals which are reported lost, stolen, missing or found animals. B. The Animal Control Officer shall make a regular comparison of the list to determine if any animal which has been reported found or which has been impounded may be one that was earlier reported as lost, stolen, or mission. C. This list shall be for the exclusive use of the Animal Control Officer and related personnel and shall not be considered public record, however, any person, firm, or corporation may make inquiry regarding a specific described animal and shall be informed of any record of such animal having been reported as lost, stolen, missing, found or impounded. Statistical data shall be construed to be public record. /�Z-.02Z ARTICLE V. ESTRAYS SECTION 1. IMPOUNDMENT OF ESTRAY A. It shall be the duty of the Animal Control Officer, in the absence of action by the County Sheriff's Office, to take up any estray that may be found in and upon any street or alley, or in or upon any unenclosed lot in the city or otherwise to be found at large, and to confine such estray for safekeeping. Upon impounding an estray, the Animal Control Officer shall prepare a "Notice of Estray" and file such notice in the Estray Book. Each entry shall include the following: 1. The name and address of the person reporting the estray, when known. 2. The location of the estray when found. 3. The impoundment location of the estray. 4. A description of the animal including its breed, color, sex, age, size, all markings of any kind, and any identifying characteristics. B. Such record shall be for the exclusive use of the Animal Control Officer and related personnel and shall not be considered public record. However, any person, firm or corporation may make inquiry regarding a specific described estray and shall be informed of any record of such estray. Statistical data shall be construed to be public record. SECTION 2. RECOVERY BY OWNER A. The owner of an estray may recover possession of the estray at any time before the animal is sold under the provisions authorized by law, if: 1. The owner has provided the Animal Control Officer with an affidavit of ownership of the estray containing at least the following information: a. The name and address of the owner; b. The date the owner discovered that the animal was an estray; C. The property from which the animal strayed; 144--2 T r d. A description of the animal, including its breed, color, sex, size, all markings of any kind, and any other identifying CW characteristics. 2. The Animal Control Officer has approved the affidavit. 3. The affidavit has been filed in the Estray Book. 4. The owner has paid all estray handling fees to those entitled to receive them. S. The owner has executed an affidavit of receipt containing at least the following information: a. The name and address of the person receiving the estray; b. Date of receipt of estray; c. Method of claim to estray, (owner, purchaser at a sale, etc.); d. Amount of estray handling fees paid. 6. The Animal Control Officer has filed the affidavit of receipt in the Estray Book. SECTION 3. SALE OF ESTRAY A. If the ownership of an estray is not determined within fourteen (14) days following the final advertisement required by this article, title to the estray rests in the City and the Animal Control Officer shall then cause the estray to be sold at auction. B. Title to the estray shall be deemed vested in the Animal Control Officer for purposes of passing a good title, free and clear of all claims, to the purchaser at the sale. SECTION 4. USE OF ESTRAY During the period of time an estray is held by the person who impounded the estray or holds the estray, the estray shall not be used by any person for any purpose. SECTION 5. DEATH OR ESCAPE OF ESTRAY If the estray dies or escapes while held by the person who impounded or holds the estray, the person shall report the death or escape to the Animal Control Officer. The report shall be filed in the Estray Book. leaf ORDINANCE NO. 254 AN ORDINANCE PROVIDING FOR THE VACCINATION OF DO .S AND CUTS PROVIDING FOR THE ISSUANCE OF METAL TAUS; PROVIDING; FOR 711E I1%VOU4DIN(, OF CERTAIN ANIMALS RU,1NIN(3 AT LARr;E; PROVIDING FOR Tiff QUARANTINE OF ANL'vALS SUSPE)= OF BEING RABID: AUTHORIZING THE CHAWING OF POUND FEES: PROHIBITING TURNING OUT OR DRIVING ANY ANIMAL O?M STREETS OR ALLEYS IVITH Tiff: PURPOSE OF ABANDONING SUCH ANIMAL; REQUIRINr OSVNER COTZ'ROL OF ANIMALS: PROVIDING PENALTY; PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE. 1%EZREAS, the City Council, City of Southlake, desires to establish regulations for the guidance of those persons responsible for the health, safety and general welfare of the citizens as well as to provide reasonable laws for the protection of citizens of Southlake; and, W =AS, the problem of licensing dogs and preventing their being a nuisance is one that has been a matter of serious concern to many of the citizens of the cam -unity; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF SOU H AKE, TEXAS: Sec. 1. For the purpose of this article, the following terms shall have their meanings herein ascribed of them: "At large." As applied to an animal, this means that such animal is not confined inside the owner's house or to the premises of the owner by a suitable and substantial fence sufficient strength and 'height to prevent the animal for escaping therefran, or secured on such premises by a leash of sufficient strength to prevent the animal fran escaping fran the premises when the leash is stretched to full length in any direction, or when wearing a collar with owner's name affixed thereto and behaving in a manner as to not be considered a public nuisance. Provided, however, that an animal shall not considered at large when held and controlled by some person or by means of a leash when or chain of proper strength and length to control the actions of the animal, or while confined within a vehicle. "Owner." Shall mean any person or persons owning, keeping or harboring an animal or animals. "Public Nuisance." Shall mean anv animal which destroys property, kills livestock, chickens or other domestic animals, disturbs garbage, molests children, etc. Sec. 2. (a) All dogs, cats and other household pets four months of age or over within the city shall be immunized against rabies annually by a licensed veterinarian by means of any standard vaccine as approved by the U.S. Goverment for the prevention of rabies. The licensed veterianarian who administers such vaccine shall issue to the owner or the person having such animal vaccinated, a certificate of vaccination stating the name of the owner, the description of the animal, and the date of vaccination and kind of vaccine used. Fie shall also issue a metal tag with the veterinarian's office address and the year of vaccination stamped thereon. Alternatively, the owner of any animal required to be vaccinated for rabies many obtain such vaccine from Pharmaceutical house or other supplier and vaccinate the animal attach the metal tags furnished therewith, a:iu uie o�.-er .`all r^.:intain for city inspection a record of each animal name, the description of the animal, and the date of vaccination and kind of vaccine used. (b) The metal tag provided for in Subsection (a) above shall be securely fastened in some mariner to the dog at any time the animal is not confined to the owner's property, and it shall be unlawful for any person to remove such metal tag from any dog. (c) It shall be unlawful for any person within the city to own, keep, posses, harbor, or allow to remain upon the premises under his control, any dog, cat, or household per without having such animal immunized against rabies as required by Subsection (a) hereof. (d) This section shall not apply to fish, birds, undulate or any of the followin(l list of animals: hamsters, guinea pigs, rabbits, rats, mice, gerbils, or any other animal other than a dog or cat which in the opinion of the license veterinarian would be endangered by rabies vaccination. Sec. 3. The Mayor, with the approval of the City Council, may appoint, for such a term and compensation as may be fixed by the City Council, an animal warden, whose duty it shall be to enforce the provisions of this ordinance, together with the police officers of the city to take up any dog found running at large without a current vaccination tag and proper owner identification, and, upon the complaint of any person, any other dog found running at large, and to confine such dog in the city pound for up to three (3) days, during which period of time the owner of such dog, upon making satisfactory proof of his ownership thereof, may redeem the dog upon the payment of a charge of Ten Dollars ($10.00) plus Three Dollars ($3.00) for each day or any part thereof beyond the first 24 hours. The City Secretary is hereby authorized to accept such pound fees and to issue receipts therefor. Should the owner of any impounded animal fail to redeem such animal or make arrangements therefor within the three (3) day period provided above, the city through the animal warden or any other person having charge of such matters as delegated by the City Council, shall cause such animals to be sold at public or private sale. The animal warden or other such person having charge of the pound is authorized to sell to any person any dog or cat kept beyond initial three (3) day period for the sum of $3.00 per day for any dog or cat, but in any event, such animal shall not be released except upon presentation of a certificate from a duly licensed veterinarian as herein provided. The animal warden and other officals charged with the enforcement of this ordinance and with the collection of fees hereunder, shall make regular monthly reports to the City Council of all fees collected and disbursements made hereunder to the general fund of the city or may set such monies aside for the enforcement of this ordinance and sustenance of dogs entitled hereunder or may make such other disposition of such funds as may be necessary and proper. Sec. 4. All animals released to an owner from the pound shall be immediatley vaccinated against rabies in accordance with the provisions of this ordinance or the owner thereof shall present a veterinarian's certificate showing a current vaccination. In order for the owner of an animal not vaccinated and registered in accordance with the provision of this article to obtain the release of the animal, such owner must sign a statement giving the name of the owner and the address where such animal shall be immediately confined, and stating he will have the animal vaccinated in accordance with the provisions of this ordinance. Such vaccination certificate shall be presented to the animal warden within ten days of release. Failure to have such animal immediately vaccinated and a certificate presented shall be grounds for immediate return of the animal to the city pound, and such animal may be destroyed immediately or otherwise disposed of, and the failure of the owner thereof to comply shall constitute a misdemeanor. Refusal to show a certificate of vaccination shall constitute primafacie evidence of such failure. Sec. 5. Any animal which has been impounded, other than a dog or cat, which is not redeemed within five (5) days of capture and impoundment may be Sulu to Lire iighest bidder at auction held after. (1) ways rnt-i( P „n-,tPd in the same manner as notices of City Council meetings. Any impounded wild animal, unless there is reason to believe it has an owner, may be immediately destroyed in a humane manner. "Wild animal" as used herein shall mean and include any mammal, aphibian, reptile, or fowl which is not naturally tame or gentle, but is of a wild nature or disposition and which because of its size, vicious nature, or other characteristics, would constitute a danger to human life or property if not kept or maintained in a safe manner or in secure quarters. Wild animals shall include, but shall not be limited to, lions, tigers, leopards, panthers, bears, wolve, alligators, crocodiles, apes, foxes, elephants, rhinoceroses, nc-decented skunks, and all forms of poisonous reptiles and other like animals. The owner of a wild animal shall securely confine said animal and shall register possession of such animal with the City Secretary. If not redeemed within five (5) days of its capture and impoundment. r any impounded wild animal and any impounded dog or cat may be destroyed in a humane manner. Sec. 6. Whenever any dog, whether licensed or unlicensed, or any other animal shall have bitten or attacked any person within the corporate limits of the City of Southlake, under such conditions as that it shall appear possible that such dog or animal is rabid, it shall be the duty of the owner or person responsible for such dog or animal to confine secured such doe or animal at a single location by means of a cage, chain or other means as may be approved by the animal warden for a period of not less than fourteen (14) days after the occ- urrence of such biting or attack. In event that such owner or person responsible for such dog or animal shall fail to comply with the foregoing provision of this ordinance im;iediately upon being notified thereof, or in the event that the owner or person responsible for such dog cannot be located, then it shall be the duty of the animal warden or any police officer to seize and impound such dog or animal and to place such dog or animal and to place such dog or animal in a secure and isolated enclosure within the city pound where such dog or animal shall be kept and observed for a period of not less than fourteen (14) days. Should any dog or animal quarantined or kept under terms and provisions of this section not live for the full fourteen (14) days, it shall be the duty of the animal widen to have such tests made upon the body of such dog or animal to determine whether such dog or animal was, in fact, rabid. In the event any dog or animal impounded, confined or quarts Lined under the provisions of this paragraph shall survive for the full fourteen (14) day period of confinanent, then such dog or animal may be returned to its owner or may be released by its owner if confined elsewhere than at the city pound after an examination has been had of such dog or animal by a licensed veternarian who shall certify that the dog or animal was not rabid at the time of the biting or attack. Sec. 7. Any person, firm or corporation who shall turn out or drive onto the streets or alleys of the City of Southlake, any animal, with the purpose of abandoning such animal, shall be guilty of a mis- demeanor and upon conviction thereof shall be fined in any amount not exceeding Two Hundred Dollars ($200.00). Sec. 8. It shall be unlawful for any person to permit any dog or animal possessed, kept or harbored by him to be at large on the streets, alleys or public places or on private premises not under the control of said owner, within the limits of the City of Southlake, Texas, whether a license for such a dog shall have been secured or not without being collared and an owners name affixed thereto. Sec. 9. Any person, firm or corporation who shall violate any of the terms or provisions of this ordinance shall be deemed guilty of a mis- demeanor, and, upon conviction thereof, shall be fined in any amount not exceeding Two Hundred Dollars ($200.00). Each day's violation shall constitute a separate offense. Sec. 10. This ordinance shall be cumilative of all ordinances of the City of Southlake, Texas, and in the event of any conflict with any prior ordinance, the terms and provisions of this ordinance shall be deemed controlling. Sec. 11 Should anv section, subsection, clause or paragraph of this ordinance ' c ceclarc,c or dctermincd to be invalid or ur. ^rst;},t`_;onat , th'm- it is the intent of the City Council of the City of Southlake, that such invalidity or unconstitutionality shall not affect the remaining portion or portions of this ordinance, and such remaining portion or portions of this ordinance would have been passed and adopted nonwithstanding the invalidity or unconstitutuonality of the other portion or portions. Sec. 12. This ordinance shall be in full force and effect from and after the date of its publication and passage as provided by law. AND IT IS SO ORDERED. Passed and adopted this _day of 1980. CITY OF UAEE By: R. Hawk, Mayor Ai7FS,U: S z_ a L. LaGrand, City SecrE-ary CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 354 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING ORDINANCE NO. 254 BY PROVIDING PROVISIONS ADDRESSING ANIMALS BITING, -SCRATCHING OR ATTACKING ANY PERSON OR OTHER ANIMAL; PROVIDING A PENALTY NOT TO EXCEED ^'HE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council, City of Southlake, denies to establish regulations governing animals which bite, scratch, or attack people or other animals; WHEREAS, Ordinance No. 254, the animal control ordinance of the City of Southlake, does not address such animal behavior and its consequences; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That each and every one of the recitals, findings and determinations contained in the preamble of this Ordinance are hereby repeated and incorporated herein as due, pr(--)er and formal findings and determinations of the City Council. Section 2. That Ordinance No. 254, City of Southlake, shall be amended as follows and all other sections, subsections, paragraphs, sentences, definitions, phrases and words of said ordinance are not amended, but shall remain intact and are hereby ratified, verified, and affirmed: A. Sections 9 through 12 of Ordinance No. 254 are hereby renumbered as Sections 10 through 13 respectively. B. A new section, titled Section 9, shall be added between Section 8 of Ordinance No. 254 and the newly renumbered Section 10. C. The new section shall read as follows: (a) Every owner or harborer of any animal is responsible for preventing said animal from biting, scratching or attacking any person or other animal. Every owner or harborer shall be guilty of violating this ordinance if the animal owned or harbored bites, scratches or attacks any person or other animal when: (1) The bite, scratch or attack was unprovoked; (2) The person or other animal bitten, scrat-:hed or attacked was not, in the case of a 'person, trespassing on the property of the owner or harborer or was not, in the casc..t of an animal, running at large in violation of this ordinance; and (3) The owner or harborer of said animal failed to take all reasonable steps to prevent the bite, scratch or attack, or the owner or harborer had knowledge of the dangerous or vicious propensities of said animal. (b) For purposes of this section, knowledge of the dangerous or vicious propensities of an animal shall be presumed upon proof that said animal has, on any prior occasion, bitten, scratched or attacked any person or other animal. (c) It shall be unlawful to own, keep or harbor or have control of any animal that is dangerous or vicious. An animal shall be considered to be dangerous or vicious when it ( has bitten, scratched or attacked any person or other animal, ca_ing bodily injury to said person or other animal and when the bite, scratch or attack was unprovoked. (d) Any animal that the animal warden has determined to be dangerous or vicious which has been impounded pursuant to this ordinance shall remain impounded pending the final outcome of the procedures set out in the following subsections. (e) The owner or harborer of any animal that the animal warden has determined to be dangerous or vicious shall be notified that the animal shall be removed from the city limits or be placed with a person who has facilities to control the animal within ten (10) days of the date such notice is sent. If the animal has been impounded by the animal warden, the animal shall be transported hereunder by the animal warden _ and shall not be returned to the owner or harborer for such purposes. Unless the true address of the owner or harborer is known to the animal warden, notice under this subsection shall be sufficient if sent to the address shown on the latest vaccination certificate, if any, showing vaccination of the animal in question. - 2 - 0 0 7 6 e r (f) Any owner or harborer notified under the preceding subsection may, within said ten-day period, give notice in writing to the animal warden that the animal is not dangerous or vicious. (g) Immediately upon receipt of notice under the preceding subsection, the animal warden shall notify the director of health, wh) shall set a date for hearing the reasons presented by the'owner or harborer and shall notify the owner or harborer of the hearing date. (h) If the director of health finds that the facts presented by the owner or harborer fail to show the animal is not dangerous or vicious, the animal shall immediately be removed from the city limits or placed with a person who has facilities to control the animal, and if the owner or harborer fails to do so, the animal warden may impound the animal and so remove or so place the animal or the animal warden may destroy the animal. If the animal has been impounded by the animal warden, the animal shall be transported hereunder by the animal warden and shall not be returned to the owner or harborer for such purposes. (i) No placement or destruction of the animal by the animal warden under the preceding subsection shall occur sooner that five (5) days after the date the director of health makes his findings. The owner or harborer may, within said five-day period, seek to enjoin enforcement of the director's decision in an appropriate court. Notice of any proceeding, if received by the director of health within the said five-day period, shall stay the director's decision pending the outcome of such proceeding; provided, however, the filing of any such proceeding shall not entitle the owner or harborer to the return of the animal in question. (j) Any animal impounded by the animal warden hereunder shall be kept, cared for and fed at the expense and risk of the owner or harborer of said animal. (k) Unless otherwise specified, any notice required by this section shall be sufficient if sent by certified mail, return receipt requested, or in any other manner likely to give actual notice. (1) Nothing herein shall be construed to prevent the owner or harborer from giving his consent, at any time, to the destruction or placement of an animal consistent with this section. Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon - 3 - 0 0 7 6 e .conviction thereof shall be subject to a fine in a sum not to exceed Two Hundred Dollars ($200.00) for each offense. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a.�ourt of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed sucJ%-1 remaining portions of the ordinance despite such invalidity; which remaining portions shall remain in full force and effect. Section 5. The fact that the present ordinances and regulations of the City of Southlake, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of Southlake, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare of the public which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. �aPASSED AND APPROVED this the �day of . 1987. Ma or , City of Sou ATTEST: ty Secretary, City of Southlake, Texas (SEAL] APPROVED AS TO FORM: City Attorney, City of Southlake, Texas - 4 - 0 0 7 6 e thlake, Texa City of Southlake, Texas — M E M O R A N D U M March 1, 1991 TO: HONORABLE MAYOR FICKES AND CITY COUNCILMEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution 91-11, appointment to Library Committee Resolution 91-11 allows for the appointment to the Southlake Library Committee. Margaret Cook presented a letter of resignation to the committee. The applications attached are ones that were received when the committee was first formed. If you have any questions, please give me a call. Asl City of Southlake, Texas RESOLUTION NO.91-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR THE APPOINT- MENT OF A MEMBER TO SERVE ON THE COMMITTEE FOR A PUBLIC LIBRARY; PROVIDING AN EFFECTIVE DATE. WHEREAS, for the betterment of the quality of life in Southlake, the City Council of the City of Southlake deemed it to be in the best interest of the citizens to establish a committee for the purpose of establishing a Southlake Public Library;and, WHEREAS, a Southlake Public Library will provide an incentive for economic growth by showing that Southlake cares about the quality of life; and, WHEREAS, Southlake citizens currently have free access to the Grapevine Public Library, however, an Interlocal Agreement between the City of Grapevine and City of Southlake for use of their library would be desirable; and, WHEREAS, the committee is charged with gathering information in regards to an Interlocal Agreement with the City of Grapevine, looking into a site for a Southlake Library and looking into a possible building for a library; and, WHEREAS, a vacancy currently exists on the committee; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That the above premises are hereby found to be true and correct and are incorporated into the body of this resolution as if copied in its entirety. Section 2. That the committee is charged with gathering information in regards to an Interlocal Agreement with City of Grapevine, for the use of the Grapevine Public Library; looking into a site for a Southlake Public Library; and, looking into a building for the Southlake Public Library. Section 3. That a vacancy exists on the committee, and the City Council of the City of Southlake appoints to serve on the committee. Section 4. That this resolution is hereby effective upon passage by the City Council. City of Southlake, Texas • Resolution 91-11 page two PASSED AND APPROVED this the day of , CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas i -RCS 0 CT 12 1990 C.I TY�l7Fi S(3UTHL_AKE OFFICE OF CITY SECRETARY. APPLICATION FOR APPOINTMENT TO: (name of board or commission: G/.�Ke% C71%ili/%17Z-2 se a separate form for each appointment desired) Name: 'T014z 7f?V Sd4l Address: Horne Phone: �t'S1�33 Years in City: Employer: S6-Z,F Phone: 1y�� * Current and/or previous board/commission experience in the City o f So u t h l a k e: Ax01A"--;b Of * Reasons for desiring to serve on this board /cornrnission and your opinion as to the purpose, goals, and duties of same: 4 -fQiC'�.4/'�17 �S ✓.�SIdL N� T�ll.�� l �L �'/!� F>IJ L C A�= 4�P/l i /7z/,,) if /73 ,4Vj:e 4 EJV�.?,vS li .�.v .4 <p�7a G/.3.�'r4ity ,2�-71/r2�(/5A ..✓17�� /1/.,�1� Ors �QLl�L< <t1/V'/C151 /5 495��JJ_%'9- X-Q"� 7•'l l�/L-C v�rct�Cs/CvIJJ �" 1i7 c�h�2r¢-GT�i2 ei � t 771/2 t G * Qualifications and experience that would assist you in serving in t h is posit ion pl/*Z 4 a7t) J �.lrl►zv� �r c� �7iZ �h ezr !1 z ���ti zo��r�-.v '0 H - 'as D-�P- Ae-z P- //fl e-A e- /i1/ * Do you understand and agree that your regular attendance and active support are required as an appointee and that non compliance could result in removal from the board?f� %* Addition information or comments: Please return this completed form to the City Secretary. Each soDl icat ior, will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. -- 11 Dates S i gnat ure t / lq-y Retired from federal service, moved to Southlake in 1986, attracted by the metro area and the city's potential for exceptional development. Appointed to Board of Adjustments in 1988, appointed to chair in 1989. His federal civil service position as an air operations officer held the Air Force Reserve grade of Lieutenant Colonel, as which he was the Director of Operations and Deputy Commander for Operations of the Reserve's largest tactical airlift wing. Duties and responsibilities involved manning, training, inspection and readiness of three to four flying squadrons and their related support elements at three separate bases in the northeast U.S. His service spanned the inception and integration of the Reserve Forces into what is now known as the Total Force, the concept of equal combat readiness in active and reserve armed forces. This period, roughly the 20 years from 1967 through 1986, saw the active forces drawn down while the reserve components virtually doubled their mission share. During these years of transition he planned and directed a number of large- scale, joint component exercises, often serving as the command's executive planning agent. Conducted in the U.S., Central America and Europe, these intensely realistic exercises became successful precedents in both size and ,,pe for the still unproven total force concept. No longer a concept, we now see the reality of the total force in action on a daily basis. By way of example, a number of the giant C-5 Galaxy aircraft seen on newscasts from the Saudi desert belong to one of his old squadrons. These and other accomplishments have been recognized by several commendations including award of the Meritorious Service Medal. He holds the aeronautical rating of Command Pilot, and he has flown over 5,000 military hours in a number of fighter, cargo and bomber aircraft. Now on the retired list, his combined active, guard and reserve service totals more than 30 years. His civilian enterprises, sandwiched between periods of federal duty, have included advertising, warehousing, homebuilding, and landscape construction. Now `semi -retired', he is working on a book dealing with our prevailing perceptions of liberty, freedom and rights; and how the public safety and welfare is affected by misperception of the values embodied in these words. Rights, specifically property rights, are the essential points at issue in tonight's discussion which focuses on governmental power to zone real property to a class of use, and on citizens' rights of appeal for relief from zoning provisions which may deny reasonable use of property. Southlake Leadership / Ann Schreiner / October 17, 1990 /1 -S 9P ACT 1 C ,ggp im CITY OF SOUTHLAKE OFFICE OF APPLICATION FOR APPOINTMENT TO: (name of board, commission, or committee) : ,lx L , (use a parate application for each appointment desired) Name: Address: %OG dr�t�d«, < �C ,�.✓ �a �tzl����c, �k 76�i� Home Phone: 017 7 Years in City: Employer: Phone: Current and/or previous boar commission, or committee experience in the City of Southlake:e//ZoL e�-��a/�a'`�' Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: �_J�2��f� ./J�.C,�a-ems i� /�� /.!'i��• � � C�-¢��.t� �C < Qualifications/ and exaeri this position: PIN zj Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional ji—nformatiop or comments:Jf _ mot: o. 2 C"1 :yce. Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature:/ l� /ZZ.C� "� Date: ✓"� Iel'076 S EP 181990 CITY OF SOUTHLAKE �W APPLICATION FOR APPOINTMENT TO: committee): Or'FzCE OF CT"" ri -, f- NARY (name of board, commission, or Library Committee (use a separate application for each appointment desired) Name: Stephen W. Apple Address: 9919 RainfnrPar rmirtt Home Phone: 481-5490 Years in City: 1+ Employer: IBM Corporation Phone: 214-620-6794 Current and/or previous board, commission, or committee experience in the City of Southlake: Capital Improvements Committee, Zoning Board of Adjustments Reasons for deEiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: I am committed to ensuring library services are provided for Southlake citizens now and in the future. I see the purpose of the committee to evaluate the interlocal agreement proposed by the Grapevine and make recommendations to the City Council Qualifications and experience that would assist you in serving in this position: Management experience, committee experience. negotiation skills. Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? YES Additional information or comments: Founding member, Friends of the Southlake Library. Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature: - Date: / /d /y- 7 0 CT i � 1g90 CITY OF SOUTHLAKE APPLICATION FOR APPOINTMENT TO: (name of board, committee): use a separate application for e4ch appointment OFFICE OF CITY SECRETARYJ� commission, or sir Name: MapRU11j Lo<--)K Address: ' Home Phone: q �? I - y y3 Years in City: �- Employer: Yntw v i � Go cD K -F-nI S • Phone: Aj R/- Current and/or previous board, commission, or committee experience in the City of Southlake: dJl1 ti! 1`4) Reasons for desiring to serve on this board, commission, or committee, .,and your opinion as to the purpose, goals, and duties of same: �y�'•��—S �GG /! ��LY�'� �G ���_ Qualifications and experience that would assist you in serving in this position: Do you understand and agree that your regular attendance and active support are required as an appointee nd that noncompliance could result in removal from the board? Additional information or comments: Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature: Date: 194 t SOUTHLAKE LIBRARY COMMITTEE Karen Apple Margaret Cook Phyllis K. Adler Carol L. Hamilton C Velma K. Gray Committee Formed: 10/16/90 Resolution No. 90-66 2819 Rainforest Court Southlake, Texas --- Work: 214/620-5822 Home: 481-5490 1835 North Peytonville Avenue- Southlake, Texas Work: 214/830-1226 Home: 481-4435 507 San Juan Drive Southlake, Texas Work: 214/934-4458 Home: 329-0820 1210 Cross Timber Drive Southlake, Texas Work: 817/332-4537 Home: 488-3996 350 Ginger Court Southlake, Texas Work: 817/498-3371 Home: 481-7485 / y- 7 I City of Southlake, Texas — M E M O R A N D U M March 1, 1991 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution 91-13, Appointment to P&Z Resolution 91-13, allows for the appointment of a Planning and Zoning Member to fill the unexpired term of Barry Emerson, who has resigned to file for a place on the City Council. The term is to expire in May, 1992. I have attached the applications that I have received as of packet time. If more applications come in, I will forward to you on Tuesday, prior to City Council meeting. If there are questions, please give me a call. Aw"111W SLL/sl 0 --/ City of Southlake, Texas RESOLUTION NO.91-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTMENT TO THE PLANNING AND ZONING COMMISSION, TO FILL AN UNEXPIRED TERM. PROVIDING AN EFFECTIVE DATE. WHEREAS, the Home Rule Charter of the City of Southlake, Texas, was approved by the voters in a duly called Charter Election held on April 4, 1987; and, WHEREAS, in the Home Rule Charter, Chapter XI, concerns Planning and Zoning; and Section 11.03, allows for appointments for two (2) year terms on the commission; and, WHEREAS, currently, Barry Emerson has resigned, leaving a term which will expire in May, 1992; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this Resolution as if copied in their entirety. Section 2. The term of Barry Emerson will expire in May, 1992. Section 3. The City Council hereby appoints to fill the unexpired term of Barry Emerson, with an expiration date of May, 1992. Section 4. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED this the day of ATTEST: Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor 0 ---A CITY OF SOLTTFIAKE, TOGAS APPLICATION FOR APPOINTEE ''T PERSONAL INFORMATION n � MET MAY 2 1Q�q NAME: 14�lf�eJ/ �iyGc �� DATE: e% ADDRESS: /.38 / L ��E✓/E� �� YEARS IN CITY: .2� TELEPHONE NUMBERS: _ 4a / - 0 3 3 7 �•2/'�l J S 9 / - / 7 3� (hare) (work) PLEASE RMJRN THIS M-TIEITD FORM ID THE CITY SECRETARY. PLEASE IT OUT CCk1P1,E=- Y . EACH APPLICATION WILL BE KEPT ON FILE FOR ONE (1) YEAR. IT WILL BE NECESSARY TO REFILE AFTER THAT TD E, IF YOU ARE STILL INTERESTED AND AVAILABLE TO SERVE ON THE Ca-2,LTTEE. PLEASE LIST THE BOARD OR CCt-MSSION FOR WHICH YOU WOULD LIKE TO BE CONSIDERED, USING A SEPARATE FORM FOR EACH BOARD OR COMMISSION. APPOIN='T DESIRED: 7714 AM.)1 A)6 QUALIFICATIONS: (List educational background or experience that would assist you ir. carrying out the duties of this appointment ) REASONS FOR SERVING (State briefly the contributions you can make to this appoint ent and your reasons for wanting to serve on this Board/ Cczani ss ion ) 0 /nyo /crc� / n- �� aC� e i s i a-x.,s /� 4reaC.•c.9 zo•�-�-� cz,�g�o�� -� czP,o�.e�.az� .eve.-y� ARE YOU CURRENTTY SERVING ON ANY OTHER BOARD/COMISSION IN THE CITY OF SOLTHI MAKE? U DO YOU UNDERSTAND HCX•. THIS BOARD/COMMISSION OPERATES AND YOUR DUTIES AS AN APPOINT? DO YOU UNDERSTAND THAT ATTENDANCE AND ACTIVE SUPPORT IS REQUIRED FOR EACH APPOINTEE? ao -3 CITY OF SOUTHLAKE APPLICATION FOR APPOINTMENT 9 PRI vu I 44 L MAY 1 8 PERSONAL I NFORMAT I QijFrTCE OF CITY SECRETARY. NAME: !,c). ! : = 1 S �; ''/ DATE ADDRESS: CX ► 1." TELEPHONE NUXAMER: --112/- �lS. (home) '.79-5.5- � work) APPOINTMENT DESIRES (List Board/Commission for which you are being or would like to be considered for): /-'1ANiY/WG f 2 n,,V /A/G QUALIFICATIONS (List educational background or experience that would assist you in carrying out the duties of this appointment): ,4I/614 �ef/�OL lP `^ /74 7, - /VL'h -7-NS-7,f V L4 i 0,e a� R 171iU TAA / t r ' t ! S. /9 %/1 REASONS FOR SERVING (State briefly the contributions you can make to this appointment and your reasons for wanting to serve on this Board/ Commission): 1,4k7,�4S7 L 1, 8 % (� .� /1fr Do you understand how this Board/Commission operates and your duties as an appointee? '/Z---S Do you understand that attendance and active support is required for each appointee? SIGNED PLEASE R'TURN THIS COMPLETED FORM TO THE CITY SECRETARY ao- y CITY OF SOUTHLAKE APPLICATION FOR APPOINTMENT NE3 ; AY 2 4 1° p- O1 � CITY SECrR--.TAX PERSONAL INFOP-MATION NAME: �Ji(.tr�.' J9N DATE A 2 t 83 ADDRESS: �•-UtJ�IJ fs-vb • TELEPHONE NUMBER: J c�. 2t4-2ceco - Q AA 1 ome) (wor APPOINM ENT DESIRES (List Board/Commission for which you are beint or would like to be considered for): PLC. JOIZ4 LD �Z,o� to c,, CIDAAAmss10r -- QUALIFICATIONS (List educational background or experience that wc::= assist you in carrying out the duties of this appointment): 13. 1� ( e �..�c ►'R�c.,e.L. 1 �J E�121� �i REASONS FOR SERVING (State briefly the contributions you can make this appointment and your reasons for wanting to serve on this Boar -- Do you understand how this Board/Commission operates and your dutie as an appointee? * ' YIES Do you understand that attbndance and active support is required for each appointee? S I GNED PLEASE RETURN THIS C01IPLETED FORM TO THE CITY SECRETARY oZ0 --5-0 R v CITY OF SOUTHLAKE APPLICATION FOR APPOINTMENT TO: (name of board, committee) : Planning and Zoning Commission (use a separate application for each appointment desired) Name: Sharon P. Hobbs Address: 105 Sweet Street - Southlake, Texas 76092 Home Phone: 481-0257 Years in City: 5 years, 8 months Self -Employed(Re/Max 114-Broker Phone: 329-3500 Employer: A s se ,; ate l Current and/or previous board, commission, or committee experience in the City of Southlake:None In Southlake - Several in A-marillo before moving here. I did serve on the Board of Directors of the Southlake Chamber of Commerce in 1990. Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same I have a great desire to see Southlake become one of the best planned cities in Texas. That process has a great start and I would like to contribute something to our future. Qualifications and experience that would assist you in serving in this position: I have served on numerous committees and on several Board of Directors, including two years as PTO President, one year as Booster r1ub r ai Pnt T havP aPrirpd nn the Rnara of ni rPr-tnrc fnr the qT. Women's Chamber for four years and served as President in 1989-90. Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? yes Additional information or comments: I feel my nine years in real estate would be helpful in serving on this committee. Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature . 4'�-ceGlti Date March 1, 1991 ao -� r CITY OF SOUTHLAKE APPLICATION FOR APPOINTMENT TO: (name of board, commissr,6h' -© j;, committee) : PLANNING AND ZONING COMMISSION (use a separate application for each appointment desired) p-C.L or Name: Gerald (Jerry) Dean Dalton L= &SCRETARY; Address: 1100 North Shady Oaks Drive Home Phone: (817) 488-5184 Years in City: 4 years Employer: CIGNA Insurance Co. Phone: {214) 869-8708 Current and/or previous board, commission, or committee experience in the City of Southlake: NONE Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: I have never served on any city's governing body, I an 43 years old a professional business man, and simply put I feel it's "my turn" I have lived in Dallas/Ft Worth since 1970 it's time I give something back to the community. I share the belief that there must be some order of fairness and consistency of purMse, guiding the growth of a city, to ensure the best possible lifestyle for the citizens now and in the future Qualifications and experience that would assist you in serving in this position:18 years in a management position, budget, Rlanning,, training skills Good people skills and communication skills both oral and written, formal training in,, and on the job application of the negotiation and decision making processes Do you understand and agree that you regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Absolutely. Additional information or comments: I believe I can make fair and reasonable decisions to the betterment of the city and the majority of its citizens will benefit. Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature: Date : Note: To provide more information about me, I have attached my resume. GERALD D. DALTON 1100 N. SHADY OAKS DRIVE SOUTHLAKE, TEXAS 76092 WORK (214) 869-8703 HOME (817) 488-5184 OBJECTIVE: A responsible management position utilizing my experience in budgeting, training and providing effective leadership skills, through which I can make a noteworthy contribution to an organization's profit and growth. QUALIFICATIONS: Eighteen years experience including. • Human relations • Training Teaching • Interviewing • Budget; development, monitoring, reporting • Office Management • Strategic planning RELEVANT ACHIEVEMENTS: COORDINATED the efforts required to pull together three offices into one regional processing center with a staff of 60+ personnel. PREPARED expense and staff budgets annually and monitored results and reported on them, size 2 to 5 million dollars annually. PERFORMED self audits and quality control programs to determine effectiveness of corporate processes. PREPARED strategic plans and implemented them in various customer related areas as well as employee development areas. COORDINATED the formulation and execution of multifaceted training plans for staff of 60+ employees. EDUCATION: Associate of Arts Degree in Business Administration (Hutchinson Community Jr. College, Hutchinson, Kansas) EXPERIENCE: Regional Processing Manager, CIGNA, Dallas, Texas 1985 - Present Special Risk Facilities Administrative Manager, CIGNA, Dallas, Texas 1979 - 1985 Administrative Manager, CHUBB and Son, Houston, Texas 1976 - 1979 Processing Supervisor, CHUBB and Son, Dallas, Texas 1971 - 1976 Management Trainee/Intern, CHUBB and Son, Dallas, Texas 1970 - 1971 PERSONAL- Married with no children Please treat with confidentiality as I am still employed and my current employer is not aware of my current search. City of Southlake, Texas — M E M O R A N D U M March 1, 1991 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution 91-14, appointment to Park Board Richard Lantz has resigned from the Park and Recreation Board, leaving an unexpired term, to expire in January, 1993. Attached are the applications I have on file. If you have aquestions, please give me a call. n. S L/sl City of Southlake, Texas RESOLUTION NO.91-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER TO THE SOUTHALKE PARKS AND RECREATION BOARD, TO FILL AN UNEXPIRED TERM. PROVIDING AN EFFECTIVE DATE. WHEREAS, a Parks and Recreation Board was created for the purpose of Planning and Developing Parks and Park sites within the City of Southlake, for the use and benefit of its citizens; and, WHEREAS, the Parks and Recreation Board shall consist of nine (9) members, to serve three (3) year staggered terms; and, WHEREAS, currently there is a vacancy on the board that needs to be filled; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That all the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2. That the City Council hereby appoints to fill the unexpired term of Richard Lantz, which will expire in January, 1993. Section 3. That the appointments are to be effective on the day of approval of this Resolution. PASSED AND APPROVED this the day of ATTEST: Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor =a CITY O-F SOL'THLAKE PERSONAL INIFOPXATION APPLICATION FOR -APPOINT] ENT L �7 DATE Xo A�i R� C . EKr•J r C K. N APSE : u � 1490 Em ra�'a' ADDRESS: �y$ - 45, � (work) TELEPHONE rT[JL,1gER: ( home ) 'Q(List Board/ Commission for which you are being ApPOINT.1EiT DESIRES or would like to be considered for): round or experience that would QUALIFICATIONS (List educational background appointment): assist you in carrying out the duties o_ 4ZIa�xi�� 1 /��� f/n, � , #aIJG u--ed .n eva- Cr �a: Ki S'�1'a�:c� 1 tau kptn�G 1l•5. dr�.� o� sus tate briefly the contrib-Cito SerG°e°oncthis Boardmake to % REASONS FOR SERVING (-Sour reasons for wanting this appointment and y commission): 1-a tKa - — a � 1. _ , s.wA�Atxr�. - — Do you understad how this Board/ Cie - Commission operates and your duties as an appointeen ort is required you understand that attendance and active support. Doryeach appointee? ' e' SIGNED PLEASE RETURN THIS COMPLgTED FORM TO '1 CITY SECRETARY 21- 3 JUN 191990 CITY OF SOUTHLAKE OFFICE OF APPLICATION FOR APPOINTMENT TO: (name of board, commC'issssioonn, or�� committee): P]zrk� j Rec-yreaj�nn BMrd (use a separate application for each appointment desired) Name: Susan T �acte. Address: 103t& Home Phone: y$l - $50a- Years in City: Employer: — Phone: Current and/or previous board, commission, or committee experience in the City of Southlake: ASSacabon Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: i5h -(-o eyve our c mmcrn*iL-u and i _� h►Idr vz Qualifications and experience that would assist you in serving in this position: Pre�%Ous P(n nnt� -e :2-on tr,o trio Pa.rL-, 4- 2 c.. ir) -Hip nE IA, r knr1lC'rool= Tx Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? wae) Additional information or comments: Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature: P Date: 4-19-90 49 CITY OF SOUTHLAKE APPLICATION FOR APPOINTMENT TO: committee): �P1 (use a separate application FEB 5 1991 OFFICE OF I. (name of board, naLsp., or each appointment desire Name: D\Xo_ 1ne M �Sa Address: X3S(o C So%<TAJ AK£. Home Phone: A001-Zfl4'A Years in City: S Employer: C\ASSe << Cate- Phone: Current and/or previous board, commission, or committee experience in the City of Southlake: S1_o--%,ALAF�L �C_.,jaf-_ic ')(Jct•QMt^y_\ 00vrLci1 Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of samec- j?o A yx6LtmsstiS--VQL- -cq,.�.a�.�� f/ A- // Qualifications this position: and experience hat would assist you in serving in A Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? c..a Additional information or comments: sl��'►r- 0 Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature: Date: a1 -- City of Southlake, Texas [j C C� CITY OF SOUTHLAKE, TEXAS REGULAR CITY COUNCIL MEETING MARCH 5, 1991 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6:30 P.M. 1. Discussion of all items on tonight's agenda. REGULAR SESSION: 7:30 P.M. 1. Call to order. Invocation. 2. Approval of the Minutes of the February 5, 1991 and the February 19, 1991, City Council Meetings. 3. Mayor's Report. 4. City Manager's Report. CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Council member or citizen so request, in which event the item will be removed from the general order of business, and considered in its normal sequence. 5. Consider: Award of bids for vehicles and a tow -paver for the Public Works Department. REGULAR AGENDA 6. Public Forum. 7. Consider: Contract with BFI Waste Systems for a Recycling Program for City of Southlake 8. Consider: Recommendation by the Parks Master Plan Selection Committee to select Schrickel Rollins and Associates, Inc., Arlington, Texas to perform the required services and authorize the City Manager to enter into contractual negotiations. 9. Consider: Recommendation by the Parks Board to authorize the Mayor to enter into a contract with Shade Tree Toys, Inc. to provide playground equipment at Bicentennial Park. y ..ply ——ULII—VI IGnQO 0 City Council Meeting Agenda March 5, 1991 page two 10. Consider: Park Use Policy. 11. Discussion: Presentation of the Comprehensive Annual Financial Report, which includes the Fiscal Year 1990 Audit. Weaver and Tidwell. 12. Consider: Humane Society Agreement. 13. Consider: Ordinance No. 480-C, 1st reading. Amending the Zoning Ordinance No. 480. Continuation of the Public Hearing. 14. Discussion: Animal Control Ordinance. 15. Executive Session Pursuant to the Open Meetings Act, Article 6252-17 V.T.A.S. Section 2(e) 2(f) 2(g). Refer to posted list. A. Discussion: Pending or contemplated litigations. (Refer to posted list). B. Discussion: Personnel Matters, including Boards and Commissions (Refer to posted list). C. Discussion: Land Acquisition. D. Return to Open Session. 16. Consider: Action necessary in regards to pending or contemplated litigation. (Refer to posted list). 17. Consider: Action necessary in regards to personnel matters, including Boards and Commissions. (Refer to posted list). 18. Consider: Action necessary in regards to Land Acquisition. 19. Consider: Resolution 91-11, appointment to the Southlake Library Committee. 20. Consider: Resolution 91-13, appointment to the Planning and Zoning Commission. 21. Consider: Resolution 91-14, appointment to the Park and Recreation Board. 22. Meeting Adjourned. City of Southlake, Texas City Council Meeting Agenda March 5, 1991 page three I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, March 1, 1991, at 5:00 p.m., pursuant to the Open Meetings Act, Article 6252-17 V.T.A.S. Sandra L . LeGr City Secretary Iq D 0 City of Southlake, Texas EXECUTIVE SESSION 11' ri 14 PERSONNEL The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager, City Secretary, City Attorney, Municipal Court Judge and City Boards and Commission Members. A complete list of the City Boards and Commissions are on file in the City Secretary's Office. After discussion of any or all of the above, in executive session, any final action or vote taken will be in public by the City Council. PENDING LITIGATION The City Council may consider pending and contemplated litigation subjects. The following subjects may be discussed: 1. Ray L. Whitmore, Louis Messina and Marie J. Robinson V. City of Southlake, 1980. 2. Russell Sivey v. City of Southlake. September, 1989. 3. Essig Claim. February 1991. CONTEMPLATED LITIGATION 4. Margaret Freemen Claim. January, 1990. 5. West Beach Addition Litigation is, by nature, an on -going process, and questions may arise as to trial tactics which need to be explained to the City Council. Upon occasion, the City Council may need information from the City Attorney as to the status of the pending or contemplated litigation subjects set out above. After discussion of the pending and contemplated litigation subjects, in executive session, any final action, or vote taken, will be in public. If personnel issues or litigation issues arise as to the posted subject matter of this City Council Meeting, an executive session will be held. SLL 3/1/91 J CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING March 5, 1991 7:30 p.m. COUNCILMEMBERS: Mayor Gary Fickes; Mayor Pro Tem Betty Springer. Members: W. Ralph Evans, Jerry Farrier, Rick Wilhelm, and Sally Hall. CITY STAFF PRESENT: Curtis E. Hawk, City. Manager; Billy Campbell, Director of Public Safety; Michael Barnes, Director of Public Works; Lou Ann Heath, Director of Finance, Don Wilson, Fire Chief; Karen Gandy, Zoning Administrator; Greg Last, City Planner; Eddie Cheatham, City Engineer; Allen Taylor, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember W. Ralph Evans. The Work Session was called to order at 6:30 p.m. where Councilmembers present reviewed the agenda items for tonight's meeting. The Regular City Council meeting was called to order at 7 : 30 p.m., by Mayor Gary Fickes. Agenda Item #2, Approval of the Minutes The Minutes of the February 5, 1991, City Council meeting were approved as amended. Motion: Springer Second: Hall Ayes: Springer, Hall, Evans, Farrier, Wilhelm Nays: None Approved: 5-0 vote. The Minutes of the February 19, 1991, City Council meeting were also approved as amended. Motion: Springer Second: Hall Ayes: Springer, Hall, Farrier, Evans, Wilhelm Nays: None Approved: 5-0 vote Agenda Item #3, Mayor's Report Mayor Fickes announced that the City of Southlake will be preparing a monthly newsletter to be sent to citizens. The intent is to send it each month with the water bill. The newsletter will consist of current events, items of interest, and news from boards and commissions, etc. Preparation of the newsletter will be accomplished by the administrative interin in the General Government Department, under r the direction of the City Manager and City Secretary. j City Council Minutes March 5, 1991 page two Agenda Item #3, Continued The Mayor noted that he and the City Council would like to honor military personnel serving in the Persian Gulf War. He asked that anyone who has (or had) a sibling, parent, child, or spouse (or any relative) in the Persian Gulf contact the City Secretary. Mayor Fickes indicated that he will issue a proclamation for each person during a ceremony at City Hall. Mayor Gary Fickes reported that a Joint Meeting with Councils of the City of Colleyville, City of Keller, and City of Southlake, was held on February 26, at the Marriott Hotel in Irving, where items of mutual interest were discussed, including: a joint Fire Station; Police and Fire Dispatching; Storm Drainage; Parks and Beautification; Utilities, etc. Councilmember Rick Wilhelm reported that there has been a 17% return on the surveys sent out by the Southlake Economic Development Council. They are being tabulated now, and a report will be available soon. Also, Wilhelm will be attending a meeting tomorrow sponsored by the North Texas Commission, which is going to be discussing opportunities for local business to participate in the construction of the super conducting super collider. He would like to distribute a break down of items to local businesses, which they would be able to capitalize on. Mayor Fickes noted the death of former City Attorney, William H. "Bill" Smith, who was killed in an automobile accident on March 3, 1991. Smith served as City Attorney from 1980 to 1986. Agenda Item #4, City Manager's Report Curtis Hawk announced that on March 21, 1991, the postal service will be on the Planning and Zoning Commission meeting agenda. Hawk announced that a public hearing for the application for the CCN, the private water system on the north side of town, will be held on April 18, in Austin. Also, the public hearing for the wastewater discharge permit for West Beach is scheduled to be held either on the 24th, 25th, or 26th of April in Southlake. Councilmember Sally Hall asked about the streets in Continental Park Estates, as the result of the construction on the sewer line in that addition. Michael Barnes, Director of Public Works, noted that Tarrant County has started working on Highland, and from there will start on South Kimball Avenue. E City Council Minutes March 5, 1991 page three Agenda Item #4, Continued Councilmember Sally Hall stated that the Carroll Independent School District has just been handed a bill from the state. The schools will have to raise funds which will in turn affect the city. The school will have to have some meetings to determine how to handle this. Mayor Pro Tem Springer added that some seven (7) million dollars over the next five (5) years of funds will go somewhere else. Agenda Item #5, Consent Agenda 5. Award of bids for vehicles and a tow -paver for the Public Works Department. Motion was made to approve item #5 as a consent agenda. Motion: Hall Second: Evans Ayes: Hall, Evans, Farrier, Wilhelm, Springer Nays: None Approved: 5-0 vote Agenda Item #6, Public Forum No comments were received during the public forum. Agenda Item #7, Contract with BFI Waste Systems/Recycling Program Director of Public Works, Mike Barnes, informed the Council that he has been working with BFI in an effort to present the contract for a recycling program tonight. He stated that the contract will be reduced to one (1) year, and the renewal is not automatic. They will have to come back to Council in order to renew the contract. Mike Smith, BFI, stated it would be important to them to have an exclusive contract and they prepared the contract with that in mind. He stated that he will have to go back to headquarters to get approval of the conditions from their legal department. Mayor Fickes commented that where the city wants to move is right along with the recycling program. The city will take the advice of the City Attorney in regard to changes to the contract presented. L .01 J i E L 401 City Council Minutes March 5, 1991 page four Agenda Item V , Continued It was determined that if the contract is not extended after the first year, citizens will have to turn in their containers or get charged a $6.00 fee. Motion was made to approve the BFI Contract for a Recycling Program for Southlake subject to satisfactory solutions to the comments made tonight. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Hall, Farrier Nays: None Approved: 5-0 vote Mayor Fickes added that he would like to get the contract signed within one week. Agenda Item #8, Park Master Plan City Planner, Greg Last, stated that the Park Master Plan selection committee consisting of Mayor Pro Tem Springer, Councilmember Jerry Farrier, Steve Bender from the Parks Board, and himself met on February 20, 1991 for final presentations by three selected consulting firms. After a thorough comparison, they unanimously recommend that Schrickel, Rollins, and Associates, Inc. of Arlington, Texas be selected to perform the required services. Mayor Pro Tem Springer commented that the presentations were very informative, and she feels she has learned much about the city. She also thanked Steve Bender from the Parks Board. Hershal Lindley was present from Schrickel, Rollins, and Associates. He stated that they have completed reports in the Cities of North Richland Hills, Colleyville, Hurst, Euless, and Plano. Motion was made to approve the firm of Schrickel, Rollins, and Associates to perform the required services and to authorize the City Manager to enter into contractual negotiations. Motion: Farrier Second: Springer Ayes: Farrier, Springer, Hall, Evans, Wilhelm Nays: None Approved: 5-0 vote Lj City Council Minutes March 5, 1991 page five Agenda Item #9, Contract with Shade Tree Toys, Playground Equipment Steve Bender, Park and Recreation Board member, made a presentation in regards to the purchase of playground equipment at Bicentennial Park. He presented a purchase contract for phase two playground equipment, indicating that the funds for these improvements will come from the Parks and Recreation Special Revenue Fund which currently has a balance sufficient to cover these expenditures. The balance in the park fund is $3,636.64. Shade Tree Toys, Inc. will do the phase two installation for $3,636. The contract will include the weather sealing of the phase one equipment, valued at 3% of the phase one order ($3229.) Motion was made to approve the contract for Phase 2 playground equipment from Shade Tree Toys. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Springer, Farrier, Evans Nays: None Approved: 5-0 vote Agenda Item #9, Park Use Policy City Planner, Greg Last, stated that the Park Use Policy for Bicentennial Park is one that was recommended for approval by the Park and Recreation Board on March 4, 1991. The concerns previously stated by Council have been resolved. Janet Murphy, Chairman of the Board, was present to answer questions for Council. Motion was made to approve the Park Use Policy as submitted, adding a clause for liability insurance. Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Hall, Springer, Evans Nays: None Approved: 5-0 vote. Agenda Item #11, Presentation Annual Financial Report/Audit Curtis Hawk, City Manager, stated this is the first time the City of Southlake has prepared a Comprehensive Annual Financial Report which includes the Fiscal Year 1990 Audit. Jerry Gaither, with Weaver and Tidwell, made a presentation. He stated the opinion of the auditors is located on page twelve of the report. He added that Lou Ann Heath, during her first month with the city, has spent most of her time gathering information for this report. City Council Minutes March 5, 1991 page six Agenda Item #11, Continued Gaither stated that the report is divided into three sections: 1) introductory 2) financial section 3) statistical information in the back Mayor Fickes stated the the credit for this report goes to the City Manager and City Staff in getting things under control. Agenda Item #12, Humane Society Agreement Director of Public Safety, Billy Campbell, made a presentation stating that currently we have a contract with the Roanoke Humane Society. A copy of an agreement is included in the packets for consideration. Mayor Fickes recommended that the Humane Society Agreement before Council be approved. Motion was made to approve the agreement with the Humane Society. Motion: Farrier Second: Evans Ayes: Farrier, Evans, Springer, Hall, Wilhelm Nays: None Approved: 5-0 vote Council adjourned for recess at 9:25 p.m. Council returned to open meeting at 9:50 p.m. Agenda Item #13, Ordinance No. 480-C, lst reading Councilmember Rick Wilhelm reviewed the revisions in Ordinance No. 480-C, which were discussed during a work session held recently in which the Mayor, Councilmember Hall and himself were present, as well as members of staff. A copy of the suggested changes is incorporated into the minutes (see memorandum from Zoning Administrator, Karen Gandy, dated March 1, 1991.) No comments were received from the audience as the result of the public hearing. C City Council Minutes March 5, 1991 page seven Agenda Item #13, Continued Motion was made to approve Ordinance No. 480-C, as amended in tonight's discussion. Motion: Wilhelm Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Evans, Springer, Farrier, Hall Nays: None Approved: 5-0 vote The City Manager, Curtis E. Hawk, left the meeting at this time, as he was ill. Agenda Item #14, Discussion: Animal Control Ordinance Director of Public Safety, Billy Campbell, led the discussion in regards to an animal control ordinance, in an effort to get a feel for Council concerns. He will prepare the ordinance for Council consideration in the near future. Agenda Item #15, Executive Session Mayor Gary Fickes announced that Council would be going into executive session pursuant to the Open Meetings Act, Article 6252-17 V.T.A.S. Council convened in closed session at 11:35 p.m. Council returned to open session at 12:35 a.m. Agenda Item #16, Action Necessary/Litigation No action was taken as the result of the executive session in regards to pending or contemplated litigation. Agenda Item #17, Action Necessary/Personnel Matters No action was taken as the result of the executive session in regards to personnel matters, including Boards and Commissions. Agenda Item #18, Action Necessary/Land Acquisition No action was taken as the result of the executive session in regards to land acquisition. L City Council Minutes March 5, 1991 page eight Agenda Item #19, Resolution 91-11, Appointment to Library Committee Resolution 91-11 was approved, naming Art Sorenson to the Southlake Library Committee. Motion: Farrier Second: Evans Ayes: Farrier, Evans, Springer, Hall, Wilhelm Nays: None Approved: 5 0 vote Agenda Item #20, Resolution 91-13, Appointment to P&Z Councilmembers instructed the City Secretary to continue advertising for applications to the Planning and Zoning Commission and did not make an appointment during the meeting. Agenda Item #21, Resolution 91-14, Appointment to Parks Board Councilmembers instructed the City Secretary to continue to advertise for applications to the Park and Recreations Board and did not make an appointment during the meeting. Agenda Item #22, Adjournment Motion was made to adjourn the meeting at 12:37 a.m. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Springer, Evans, Farrier Nays: None Approved: 5-0 vote. ,`annnnu111"I AVTE3T,.Alf Sandra L. LeGrand City Secretary ayor ry Ickes le