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1996-11-05 CC PacketCity of Southlake, Texas
November 1, 1996
TO: Honorable Mayor and Members of City Council
FROM: Curtis E. Hawk, City Manager
SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting
November 5, 1996
1. Agenda Item No. 5A. ZA 96-129 Plat VacationLots t 2 and 3Spring Creek Acres
located at the intersection of Pine Drive and Pine Court Eat This request is being brought
forward by Timarron Land Corporation in order to clean up some issues related to the
existing plat of Spring Creek Acres. Timarron has purchased portions of the two eastern lots.
The owner of the remaining lots is in agreement with the plat vacation and is also desirous
of abandoning the ROW included in the plat. In case the question arises, the existing ROW
for Pine Court East was not included in this plat and is therefore not being abandoned with
this request. It is staff's understanding that the adjacent owners may come forward in the
future to request the abandonment of this ROW also. There are no unresolved issues related
to this request. Feel free to contact Greg Last or Tom Elgin if you have any questions.
2. Agenda Item No. 5B. Authorization to bid replacement fences at Bicentennial Park This
is an item we have discussed previously. Your action on this item will allow us to go out
for bids for the fencing.
3. Agenda Item No. 5C. Interlocal Agreement between the City of Southlake and Denton
County for Purchasing_ As noted in Director Campbell's memo, this agreement is a
renewal of a current agreement with Denton County that allows us to purchase materials
and supplies from vendors they have contracted with, taking advantage of potential cost
savings through volume purchases. We have not purchased any materials or supplies
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 1, 1996
.. Page 2
through Denton County in past years, but entering into the agreement allows us the
opportunity to do so, should the cost be less than our other available sources. The
agreement with Denton County costs the city nothing, but puts a mechanism in place that
can potentially be of benefit to us.
TexPool. The impetus for the changes to our agreement with TexPool is the dissolution
of the State Treasury, but the proposed amendments include a variety of changes. The
memo from Lou Ann Heath, Director of Finance, outlines these changes. We are
recommending approval of the amendment.
5. Agenda Item No. 5E. 5F. and 5G. Community Service Agreements. As discussed during
the budget process, cities in Texas cannot make charitable contributions to non-profit
groups. As such, the City of Southlake has limited its financial involvement with groups
of this nature, to those who can provide a service on our behalf. Community service
agreements are signed to clearly document the nature of the relationship between the city
and the organization.
These agreements, when approved, will clear the way for us to release the funds to these
organizations. Note that the KSB Board of Directors has approved their attached
agreement, the Executive Director for GRACE has also approved their agreement, and the
President of the Lake Cities Band has approved their agreement. Appropriate- staff have
also had the opportunity to provide input into the final documents.
6. Agenda Item No. 5H. Professional Services Agreement with LeBlanc & Associates. The
memo in your packet from Tom Elgin, Planner, notes that while many of the provisions
of this contract have remained the same since the first time you reviewed it, there are some
differences. The contract in your packet shows in redline/strikeout format the changes that
have been made since you were provided the original contract. Tom's memo explains the
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 1, 1996
Page 3
differences. This contract is the result of many hours of negotiation and review, and we
believe that is fair for both the contractor and the city. Please let me know if you have
questions about the contract.
7. Agenda Item No. 5I. Agreement with TxDOT for Signal at Village Center and F.M.
1709. As the memo in your packet from City Engineer Ron Harper point out, the State
will not allow the signal light to be erected at Village Center Drive and F.M. 1709 until
the agreement is signed. All of the underground work is completed.
This is the location for the signal that was approved by City Council with the approval of
the plat for Village Center. Recall that the plat as originally submitted by the developer
called for the spine street to be aligned with Westwood Drive in anticipation of a signal
light at that location. During the August 17, 1995 P&Z meeting, at the request of
residents of Woodland Heights, the developer presented an alternative plan submittal with
the roadway realigned to its current location. The plat was approved by City Council on
October 10, 1995 with the realignment of Village Center Drive. We are now beginning
to receive complaints from residents of Woodland Heights about the difficulty in turning
westbound from Westwood Drive onto F.M. 1709, and turning left (westbound traffic) off
F.M. 1709 onto Westwood Drive. Several have inquired about the possibility of either
relocating the signal light back to Westwood, or adding another light at Westwood in
addition to the light at Village Center Drive. In May of this year we received a letter from
TxDOT that included the following:
Upon review of the revised preliminary plat, we are concerned about a
signalized intersection with a 450' offset between Westwood Drive and
Village Center Drive. If the City proceeds with the revised preliminary
plat and a 450' offset, we will approve signalization only at the intersection
of F.M. 1709 and Village Center Drive, and not at Westwood.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 1, 1996
Page 4
The signal at Village Center Drive needs to be erected. The developer relocated the 4-lane
internal commercial arterial at the request of the City. The developer has paid for the
signal at that location, and most of the work is done. The "road" that is to be located
opposite Westwood Drive is actually a common driveway, without sufficient capacity to
serve as a signalized intersection. In order to relocate the signal from Village Center
Drive to the Westwood/common driveway location, the City would have to pay not only
for the signal, but also the improvements necessary to upgrade the driveway to an internal
commercial arterial. The upshot of all this is that there isn't much we can do to relieve
the situation at Westwood Drive. Also, we need to recognize that the complaints are just
beginning (because the traffic will get heavier).
There is one possible scenario that could develop which would ameliorate the situation
down the road. With the cooperation of Telesupport and Ritz's developments, there could
be a common access easement that connects the properties to the driveway opposite Village
Center Drive, thus providing access when needed at the signalized intersection.
8. Agenda Item No. 5J. Authorization to seek bids for fuel station at the new public works
center. The City of Southlake has planned to build above -ground fueling facilities for
some time. With the purchase of the McMo site, the time has come to begin development
of the facility. As noted in the memo from Bob Whitehead, Rone Engineers, Inc. has
designed the facility and we are ready to seek bids.
9. Agenda Item No. 7A. 2nd Reading, Ordinance No. 480-212. ZA 96-96, Rezoning and Site
Plan Cimmarron Acres Addition. Current zoning_is C-2 with a requested zoningof CS.
There have been no changes in this proposal since Council approval of the first reading 7-0,
granting relief to items as noted in the staff report.
10. Agenda Item No. 7B. 2nd Reading,, Ordinance No. 480-213, ZA 96-97, Rezoning of
proposed Lots 5R 1 2 3 4 5 and 6RL Block 3. Cimmarron Acres. Current zoningis is C-2
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 1, 1996
Page 5
with a requested zoning of SF-lA. There have been no changes in this proposal since
Council approval of the first reading 7-0.
11. Agenda Item No. 7C. ZA 96-134, Concept Plan of the Village at Timarron 7.627 acres
located at the southeast corner of W. Southlake Blvd., and the proposed Byron Nelson
Parkway. There are no unresolved issues related to this request although there are some
items in the Staff Review Summary which need to be addressed (e.g. internal bufferyards,
drive spacings, drive throat depths). The Planning and Zoning Commission recommended
approval 5-0 deferring some of the requirements and deleting others as noted in the Staff
Report.
12. Agenda Item No. 7D. ZA 96-135, Revised Preliminary Plat, Block 6. Timarron Addition
Phase 5. There are no unresolved issues with this request. The applicant did not submit
revised plans so the plan and review in your packet are the same review that was before the
Planning and Zoning Commission on October 17, 1996. The P&Z recommended approval
5-0, deferring the drainage and utility comments until later during the site plan process.
Please feel free to contact Dennis Killough or Greg Last if you have any questions on this
request.
13. Agenda Item No. 7E. ZA 96-121, Site Plan for the Southlake Center at Kimball. 1.7136
acres. Current zoning is C-3. The applicant revised the plan to meet the requirements of the
previous review letter, with the exception of the articulation on the rear wall (T deficiency).
Note the additional landscape island in the parking areas and increased landscape areas on
the front and sides of the building. If you have any questions regarding this proposal, feel
free to contact Dennis Killough or Greg Last.
14. Agenda Item No. 7F. ZA 96-117, Site Plan for Versailles Private Pool Facility, The
�..- applicant met with Director of Public Works Bob Whitehead and Director of Public Safety
Billy Campbell regarding the parking issue. Although they would still prefer all required
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 1, 1996
Page 6
parking to be contained in the site, the proposal before you is an improvement. Nevertheless,
the plan is still deficient on required parking stalls and has driveway spacing problems and
throat depth problems as noted in the Staff Review Summary. Feel free to contact Bob,
Billy, Greg Last, or Dennis Killough if you have questions.
15. Agenda Item No 7G Resolution No 96-51 ZA 96-71 Specific Use Permit for outside
storage for Great Outdoor Landscape. The applicant has requested that this item be tabled
until your 11/19/96 meeting.
16. Agenda Item No. 8A. Ordinance No. 643. 1 st Reading. An ordinance requiring registration
of door-to-door solicitors: requiring identification badges. and providing regulations.
Director Campbell's memo provides a summary of the major provisions of this ordinance.
We bring this ordinance to you for two major reasons. First, the current ordinance is
outdated and required several administrative changes to mirror State statutes and current
city practices, including allowing for denial of a permit for specific reasons. Secondly,
we are trying to be proactive in regards to a potential solicitation problem when the Texas
International Raceway opens. It is not unrealistic to believe that on race days, there could
be solicitors lined up along SH 114 trying to sell merchandise and other wares. This can
easily exacerbate traffic problems, not to mention the potential proliferation of unlicensed
vendors.
There are two typographical errors in the ordinance. We will have these corrected by 2nd
reading on November 19, but the copy in your packet is not correct. (1) Section 4(b) first
line "employees" will be changed to "employs;" and (2) Section 12(d), which says "as
described in Section 8(a)(3)" will be changed to refer to Section 10(a)(3).
17. Agenda Item No. 8B. Ordinance No. 645. 1 st Reading. An ordinance providing for the
regulation of distribution of handbills in the City and requiring registration of those who
distribute handbills. As noted in Director Campbell's memo, this ordinance will merely
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 1, 1996
Page 7
serve to allow the City to control the distribution of handbills when a problem occurs. As
with the solicitation ordinance, we will take action only if a complaint arises, but having
an ordinance in place gives us this ability. Councilmember Harris has reviewed the
ordinance and his suggestions (concerning a disclaimer by the City regarding content, and
prohibiting the use of adhesives) were incorporated into the ordinance. If you have any
questions regarding this ordinance, please feel free to call Director Campbell.
18. Agenda Item No 8C Ordinance No 667 1st Reading GTE Franchise Ordinance This
ordinance will in effect become our new franchise agreement for a 5-year period. The
only unresolved matter for City Council to consider is the access line fee to be charged
each residential and business customer. City Council can set any amount up to $17.00 per
year for residential and $24.00 per year for business. This is addressed on page 21 (8C-
21) of the ordinance.
19. Agenda Item No. 8D. Resolution No. 96-68, GTE Settlement and Release. The
Resolution authorizes the Mayor to execute the settlement agreement and release of claims
relating to the GTE Franchise Ordinance dispute. The monetary amounts are set out on
page 2 (8d-4) of the settlement agreement.
20. A�enda_Item _No. _ 10A. Reimbursement Policv for Citv Council expenses pursuant to
Southlake Home Rule Charter. Section 2.05. Your packet contains the policy drafted by
the Council committee of Gary Fawks, Scott Martin and Pamela Muller. Please note that
our attorneys have completed their review of the policy and have forwarded some
comments to me. Most of the changes they are recommending are simply wording
changes. I will be meeting with the Council committee on Monday to work with the
attorney comments. Resulting changes will be provided to you on Tuesday evening.
21. Agenda Item No. 10B. Developer Agreement for Shady Oaks Shop2pin2 Center. Southlake
Center at Shady Oaks Drive. Note from the memo by City Engineer Ron Harper that most
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 1, 1996
Page 8
of this agreement is in keeping with the standard developer agreement. The unusual
provision deals with the sanitary sewer extension. This provision is outlined in the cover
memo from Ron, but was inadvertently left out of the agreement included in the packet.
The corrected page will be disseminated Tuesday night.
22. Agenda Item No. 10C. Prioritization of prQJect requests, This item is not worded exactly
as it should be, since it really relates to ordinances, plans, projects, etc., that have been
identified as needed. It is essential that we receive from City Council a clear direction on
which items to address in priority order.
We recognize that some items that may receive a lower priority ranking, may move
forward for City Council consideration due to a number of factors, such as ability to move
quickly with little or no additional work load to staff. However, bear in mind that this
exercise is being done for the benefit of City Council's time, not staff. There are any
number of alternatives we could take advantage of to enable these to move forward,
including farming work out, hiring additional staff, and/or considering some short-term
(or long-term) solution to the dilemma of to -split -or -not -to -split P&Z. Yet no matter what
we do, it all comes down to time available to City Council and the 1st and 3rd Tuesday
requirements for regular City Council meetings.
Included in your packet of information for the agenda item is the matrix of the City
Council's priority listing scores with list of frequencies. We have also attached the
ordinance request forms from the City Manager's office which were omitted from the
packet of information sent to you last week, plus the priority rankings of City Manager's
Office projects. The priority rankings from the information submitted by the other
departments which was included in last Friday's packets is also enclosed. Should you
want to have the ordinance request forms that were in last Friday's packet, please bring
them with you Tuesday night. This will keep us from recopying this material.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 1, 1996
Page 9
Please let me, Greg, or Shana know if you have any questions you would like to have
addressed at the meeting.
23. Agenda Item No. 10D. Rialto Letter of Intent. You may recall that you were provided
with a copy of the letter of intent submitted to staff by Brian Stebbins, along with a memo
outlining staff review comments. Please bring these items to the meeting on Tuesday,
because this item will be discussed in some detail then. Note that Scott Martin also
submitted comments on the letter, many of which were similar to staff concerns. Greg
Last is incorporating Councilmember Martin's comments into the review memo and this
will be provided to you at the meeting.
24. Agenda Item No. 11A. Ordinance No. 666 raising the speed limit on F M 1938 at the
suggestion of the Texas Department of Transportation. As pointed out in the memo from
Director of Public Safety Billy Campbell, staff does not concur with TxDOT's
recommendation to raise the posted speed limit on F.M. 1938 from 45 mph to 55 mph.
Our reasoning is discussed briefly in Director Campbell's memo. We will elaborate
Tuesday night.
Should City Council agree with staff, this item will go away. Should City Council agree
with TxDOT staff, we will bring the ordinance back to City Council for consideration on
November 19.
25. Agenda Item No. 11B. Continental Park Estates Dam rehabilitation, has been discussed
previously with City Council. As pointed out in the memo from Public Works Director
Bob Whitehead, staff needs direction from City Council as to what steps to take from this
point concerning this situation. Please call me, Bob, or Ron if you have any questions
on this item prior to the meeting.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 1, 1996
Page 10
26. Agenda Item No. I IC. Pavement Distress recommendation report The memo from Bob
Whitehead summarizes the issue. Please bring the study we sent you in last Friday's
packet to Tuesday night's meeting.
This item has been discussed with City Council in some form or fashion for more than two
years, and is included in those issues that we believe we need to resolve as quickly as
possible.
27. Agenda Item No 11D Authorize the City to prepare Pavement Reconstruction Plans for
streets in Diamond Circle Estates. This is another item which we are close to resolving.
The memo from Public Works Director Bob Whitehead summarizes the issue. This
afternoon we received a letter from Diane Johnson, President of the Diamond Circle
Homeowners Association, requesting that we go forth with option 3 (asphalt street!) listed
in the staff information. If City Council agrees to go forth with this option, I will instruct
our engineers to initiate plans to get this done. We will bring the item back to you for
formal consideration on consent agenda for November 19.
28. Agenda Item No. 11E. Lone Star Gas Rate Increase request. The memo from City
Attorney Debra Drayovitch outlines our options regarding the rate increase request. We
need your direction. We should have a clearer understanding of what the other customer
cities are doing by Tuesday night.
29. Agenda Item No. 11F. Recommendation of candidates to Tarrant Appraisal Review
Board. Your packet contains a letter from John Marshall, Chief Appraiser, Tarrant
Appraisal District, asking the City Council to recommend candidates for the Appraisal
Review Board (ARB). Your packet also contains a resolution adopted by the Tarrant
Appraisal District Board of Directors, which lists the qualifications of potential ARB
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 1, 1996
Page 11
members. This item has been placed on your agenda as a discussion item. Please let us
know if you have any questions -- specific questions may require contacting TAD in
advance of the meeting.
OTHER ITEMS OF INTEREST
30. Residents Group -- "Southlake !=acted Homeowners," Attached to my memo you will
find a letter dated 10/14/96 from a group of residents calling themselves "Southlake
Impacted Homeowners." This letter is in reference to the office proposal on the property
just west of the entrance to Lakecrest Subdivision. They gave this letter to the Community
Development Department to distribute to Council so we have included them in your
packet. Greg Last tells me that the developer has met with the residents several times and
agrees with their requests in great majority. The same letter was included in the packet
to the Planning and Zoning Commission for their next meeting on 11/7/96 at which time
this request will be heard. If acted upon by P&Z, this item would be before you at the end
of November or first meeting in December. If you would like further updates on this
request, please feel free to contact Greg Last.
31. Hail Damage to City ProMIU Report - As noted in the last memorandum, the hail storm
on October 21, 1996, resulted in damage to many of the vehicles in the city's fleet.
Attached are memos from Public Works and Public Safety addressing our damage
assessments to date and Directors Campbell and Whitehead's recommended plan of action
for prioritizing repairs. As noted, the damage to the Public Works facility on Continental
has not been assessed yet, nor has damage been assessed yet to the DPS vehicles.
So far, most of the vehicles that have been assessed, have estimates less than our insurance
%.•- deductible. We are working on a plan as to how to pay for repairs and will brief you once
we have determined the extent of the city's "out of pocket" expenses.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 1, 1996
Page 12
32. Drainage Issues in Wet Weather - The recent rains resulted in only a few drainage
complaints this week, to the surprise of our Public Works staff. Usually, we receive a
number of complaints when we experience the kinds of rains that occurred early in the
week. Public Works crews have, over the past year, made several improvements in some
of the areas which typically experience problems. We believe this is a part of the reason
complaints were not as numerous as they have been in the past.
As you know, we are continuing to work our way through the process of selecting a
consultant to prepare a drainage master plan for the city. We expect to have a
recommendation to you soon.
33. Florence Elementary Traffic Study - Lee Engineering is currently conducting a study on
traffic conditions around Florence Elementary. The study began the week of October 21.
The report is expected to be complete within the next two weeks.
The consulting traffic engineer is investigating options to relieve congestion around the
school that occurs in the morning and afternoon hours and provide a safer environment for
the children. Options include making Harrell Drive a one-way street to reduce left turns
and improve the traffic flow.
Once the study is completed, we plan to meet with Florence school officials to discuss
options.
34. Garbage Contract Activities - The City of Southlake contracted with its first refuse
collector in 1987, with a five year contract with Lakeside Sanitation. This contract
extended through April 30, 1992, and was subsequently renewed for an additional five
year period. In February 1994, this contract was assigned to Laidlaw Waste Systems,
Inc., who agreed to honor its terms through the expiration date of April 30, 1997. As
such, the city's current contract for refuse collection and recyclable materials collection
` ft.1
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 1, 1996
Page 13
will expire in April 1997. The City of Southlake has not put its refuse and recyclable
materials collection contract out to bid in nine years.
Recognizing that garbage and recycling collection affects several of the city's functional
areas, Assistant City Manager Shana Yelverton has put together a staff committee to work
on this project. The committee will analyze information and make a recommendation to
the City Council regarding the course of action we should take for ensuring the continued
quality provision of solid waste and recycling collection. If you have any questions or
comments about this process, please contact Shana.
35. Citizen Satisfaction Survey/Business Needs Assessment - Work has already begun on the
Citizen Satisfaction Survey and the Business Needs Assessment. We have requested
databases of residential phone numbers on computer disks from GTE and Southwestern
Bell to use as part of the Random Digit Dialing (RDD) process. We have also begun the
process of reviewing the questionnaire. Please let us know if you have any ideas for the
questionnaire and we will gladly forward those to the consultant. Remember, however,
that the questionnaire will "mirror" the questionnaire used in the 1995 survey so that we
can trend responses over time. We are also limited on the number of questions we can ask
-- the consultants have told us that the survey needs to be limited so that it does not
become a negative experience for the resident being interviewed.
The Business Needs Assessment questionnaire will be going out soon. We hope to have
this survey to the businesses in town prior to Thanksgiving. The final report should be
submitted to us after the first of the year.
36. Public Works Update -
Dove Road Paving: Paving has been completed. Final cleanup and punch list items are
being worked on.
S2A Sewer: Work has been completed.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 1, 1996
Page 14
Randol Mill Paving: Utility work is approximately 95 % complete. Randol Mill is closed
to through traffic between Fawkes Road and Florence Road in order to lower the hill
adjacent to Kingswood and to reconstruct the roadway. The project began on October 29,
and is expected to last until mid -December (weather permitting).
Highland/Whispering Lane/Emerald Estates - Work has been completed. Residents are
being allowed to tie into the system. Cleanup work continues.
Timarron Grouting - We have received the final report and will be discussing it with
Council.
Pearson Ground Storage - Site work is proceeding. Materials have been ordered for the
tank. Concrete foundation work has begun. The contracts for the pump station and
underground piping and utilities have been awarded. The entire project is scheduled for
completion by June 1997.
Kimball/White Chapel Water Line - Contract has been awarded and work has begun.
20-inch Water Line/FM 1709 - Contract has been awarded. Start of work is waiting on
acquisition of easements.
37. Information Update Concerning Texas International Speedway. The attached memo from
Gary Gregg, Deputy Director Police Service, to Director of Public Safety Billy Campbell
along with the Operations Subcommittee Report, makes interesting reading. Please call
Director Campbell if you have any questions about the work of the committee.
38. Follow up on question concerning costs of interim section reconstruction of White Chapel
from SH 114 to Bob Jones. Note the attached memo from City Engineer Ron Harper.
39. FYI. concerning the property we have been discussing for park use the overall appraisal
is at $1.59/sq.ft. Or approximately $690,000. We will discuss as appropriate in executive
session.
40. Follow up on Bank Deposito[y Agreement. We have moved forward with an independent
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 1, 1996
Page 15
firm, Arvizu Financial Group in Dallas, which specializes in evaluation of bank depository
services. The Arvizu Financial Group's expertise and knowledge of the industry will
ensure that the City receives the service it needs at a competitive price. The cost for the
services of Arvizu Financial Group was $6,500. This is a professional services agreement
and is funded in our professional services budget. Due to the upcoming holidays, we do
not anticipate an effective contract date until February 1, 1997. The schedule is as follows:
• Bids go out November 15
• Bidders conference December 4
• Proposals due December 13
• City Council presentation January 7
• Contract effective February 1, 1997.
We recognize that this time line extends far beyond the September 30, 1996 expired
contract with Texas National Bank, but the City's depository services contract over the
next several years is critical given the fiscal growth we have experienced and will continue
to experience over the next several years. A thorough professional independent analysis
of available depository services, coupled with a review of our cash management practices,
will prove most beneficial. Please call me or Director of Finance Lou Ann Heath if you
have any questions on this item.
41. Upcoming SPIN Activity - Several SPIN meetings are scheduled for the next few weeks:
♦November 4, 1996 - 7:00 p.m. - Solana - Neighborhoods #4, #8, #9, #10
David McMahan will present plans and answer questions about his proposed
residential/office projects located north of FM 1709 and west of Carroll Avenue.
♦November 4, 1996 - 7:30 p.m. - Lodge - Neighborhood #16
General meeting to discuss sewers, and the new Community Services Officer and
the services provided through her office.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 1, 1996
Page 16
♦November 12, 1996 - 7:00 p.m. - Council Chamber - Neighborhood #13
Jim Mills with Realtex Company will present his proposed development of "The
Children's Courtyard" to be located on FM 1709 between Carroll High School and
Southridge Lakes.
+November 13, 1996 - 7:00 p.m. - Home of Cara White - Neighborhood #1
Steve Mundt with Inland Properties will be discussing the pending development of
(29) SF-1 homes on a 43 acre tract of land recently purchased on West Bob Jones
Road, next to Dal -Den Corporation.
+November 21, 1996-7:00 p.m. -Johnson Aud. -Neighborhoods #9, #10, #14
Richard Meyers has requested a meeting to present his proposed site plan for
Harvard Square, 4.39 acres located at the NW corner of Continental and White's
Chapel. The proposal includes a zoning change from AG to 0-1.
42. November Meetings - Attached to this memo you will find a calendar of scheduled
meetings for the month of November.
43. Note the map of Community Service areas included in your packet of information This
information was requested by Councilmember Scott Martin. It was developed by Melinda
Polley, GIS Specialist. This is useful information which we had not compiled previously,
but with our GIS system it was quickly developed. We appreciate the suggestion by Scott!
DIAMOND CIRCLE HOMEOWNERS ASSOCIATION
President : Diane Johnson
October 31, 1996
Honorable Mayor Rick Stacy
City Hall
City of Southlake
667 North Carroll
Southlake, TX 76092
Dear Mayor Stacy,
LU
OffICE OF CITY I
I would like to thank you and the City Engineers
Department on behalf of the Homeowners Association, for the
excellent presentation you all made at the Council Chambers
on October 16. Please extend our thanks to Mr. Whitehead
and his Staff for the clear explanation they gave of our
options regarding our sewer installation and road problems.
Since the presentation, we have polled our members on
the four options presented to us to obtain a consensus.
The result has been a convincing vote in favor of Option 3.
The appeal of this option is the opportunity to have the
Sanitary Sewer line installed in the road and to achieve,
in concert, a timely and satisfactory solution for our
roads.
I have taken the step of delivering a copy of this
letter directly to Mr. Whitehead to help expedite the
preparation of Procurement Documents. Once again, thank
you for your interest and efforts on our behalf.
Sincerely,
41%041%.05(6) 41,
cc: R. Whitehead, City Engineer
D. Johnson, President DCHOA
A. Morin
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Southlake Impacted Homeowners
Michael C. Conrads - representative - 108 Springbrook Court - Southlake, Texas 76092
Phone (214)716-8863 - Fax (214)716-8826 - Home Phone (817) 329-3063
October 14, 1996
Daniel L. Deichert
Texas Land and Building Company
LLC
Campbell Center
8150 North Central Expressway # 440
Dallas, Texas 75206
HOMEOWNERS REZONING REQUIREMENTS - REVISED
Dear Mr. Deichert:
Thank you for your response dated October 11, 1996 to our letter dated September 27, 1996
which outlined our concerns and requirements for the rezoning of the property at 521 W.
Southlake Blvd., south of the intersection of Shady Oaks Drive and F.M. 1709 adjacent to Timber
Lake and Lake Crest subdivisions. The impacted homeowners have had an opportunity to review
your proposal and offer the following adjustments to our original requirements (see attached).
Please note that the language is specific and therefore, we agree to adjust our requirements rather
than accept your letter as the agreed upon resolution to move forward with the development of
this property.
To restate the process we mutually agreed to follow prior to the Planning and Zoning
Commission presentation meeting:
• The rezoning request originally submitted for 0-1 will be changed to S-P-1 for the
approximately 2.95 acres situated in the Hiram Granberry Survey, Abstract No. 581, Tract
2C, as recorded in Volume 8374, Page 2186, Deed Records, Tarrant County, Texas;
• The S-P-1 rezoning request would stipulate the agreed upon Homeowners' requirements (see
attachment);
• The site plans would be redrawn with the agreed upon Homeowners' requirements clearly
marked;
• The site plans would include an elevation drawing with reference heights clearly indicated
(existing adjacent property Professional building height marked, etc.);
HOMEOWNERS REZONING REQUIREMENTS - REVISED
page 2
You will coordinate a mutually agreed upon meeting between the developers and the impacted
homeowners to review and approve the site plan changes and the S-P-1 rezoning request prior
to submission to the City Of Southlake Planning and Zoning Commission (Scheduled for
Thursday - 10/17/96, 7pm at 108 Springbrook Court - Timber Lake subdivision);
• All communication to the City Of Southlake regarding this rezoning proposal will be copied
or communicated to me as a representative of the impacted homeowners.
Thank you for your effort towards resolving our concerns and incorporating citizen input into
your final site plan submission. To restate our position: We are not opposed to non-residential
development on the property adjacent to our residential community, however, we firmly believe
that any development should not adversely impact surrounding property values, but, rather,
enhance them while contributing to our overall quality of life here in Southlake. Given agreement
with our revised requirements and inclusion of them in the final site plan submission, we look
forward to voicing our support for this development at the November Planning and Zoning
Commission meeting.
S incerely,
Michael C. Conrads
Attachment
cc: Impacted Homeowners
City Of Southlake Planning and Zoning Commission
City Of Southlake City Council Members
�... Impacted Homeowners' Requirements For Rezoning - Revised 10/14/96
Hiram Granberry Survey, Abstract No. 581, Tract 2C
Volume 8374, Page 2186, Deed Records, Tarrant County, Texas
Change the 0-1 to S-P-1 Zoning request with the following requirements and uses clearly
defined. Concept Plans to be redrawn as Site Plans to include elevation views from front,
side and back and clearly identified renderings to scale of the following site plan
requirements;
• 0-1, "Office District" permitted uses as stated in the Zoning Ordinance with the
removal of the following high traffic uses: Banking, Savings and Loan,
Duplication and Mailing Services, Employment Services, Radio Recording and
Television Broadcasting, Travel Bureaus or services, Real Estate, Bill Paying
Services, and Community Facility Uses: Libraries, City Halls, Fire and Police
Stations, and other municipal uses;
• Only two (2) single story buildings will be erected on this site. The building to the
west (closest to FM 1709) will face to the east, not to exceed 7,400 s.f., and will
be placed a minimum of 45 feet from the west property line. The building to the
south will face to the north, will not exceed 11,800 s.f., and will be placed at least
100 feet from the south property line;
• A solid 8' masonry wall matching in masonry appearance Timber Lake's existing
wall to be constructed within 60 days of ground breaking along the south and west
property lines. In the placement of this wall, all efforts will be made to avoid
damaging or removing larger, established trees on residential property but may
"share" the property line. The developer will replace, at their expense, any trees
destroyed or removed in this process with residential property owner approved
replacement(s).
• The developer will work with the adjacent residential homeowners and the
adjacent non-residential property owner prior to final site plan submission to
replace existing wooden fences with appropriate, agreed upon 8' solid masonry
wall along the east property line;
• Although not in complete control and, therefore, the outcome unsure, the -
developer will work with the adjacent non-residential property owner in order to
remove their existing wooden fences along the adjoining south property line and
replace with significant landscaping so as to portray the two developments as one;
• Parking will not exceed the minimum requirements of the Zoning Ordinance or 90
parking spaces, whichever is fewer;
Impacted Homeowners' Requirements For Rezoning - Revised 10/14/96 page 2
Hiram Granberry Survey, Abstract No. 581, Tract 2C
Volume 8374, Page 2186, Deed Records, Tarrant County, Texas
• Building elevation to include roof design. Construction of roof must be conducive
to the adjacent residential community and similar in construction to the adjacent
business office. Note: The 11,800 s.f. building is requested to have multiple roof
elevations to avoid a single, straight sight line. Flat roofs are unacceptable;
• Restrict hours of operation to weekdays from 8:00 a.m. to 10:00 p.m. and stated as
such on the site plan (there is precedent on this point);
• The areas to the west and south of the two buildings will be heavily landscaped
(emphasis on larger trees) with no rear of building vehicle access. No impervious
material to be constructed in these areas;
• All building utilities and equipment appropriately concealed behind solid masonry
walls (landscaping is unacceptable);
• Tree and shrub plantings should be used throughout the property. The site plan
must quantify the landscape plantings while clearly depicting their placement on
the site plan. In addition to the Bufferyard F-1 requirements the developer will
add Bufferyard C planting as well as change Bufferyard M planting to Bufferyard
P planting;
• Exterior lighting will be for security lighting purposes only and will be placed in
such a manner to be directed to the non-residential buildings and must not "spill
over" onto the adjoining Homeowners' property;
• Trash containers/receptacles for the development to be (1) placed away from
residential property as shown on the site plan dated 9/17/96; (2) contained within a
masonry wall with closing wooden gate, and; (3) be hidden from view from all
adjacent homeowners' properties and travelers on F.M. 1709;
• For safety purposes, the driveway will be located directly across from the
intersection of Shady Oaks and F.M. 1709*. Prior to final site plan submission to
the Planning and Zoning Commission, the developer will contact both the
appropriate City personnel and the adjacent non-residential property owner to
pursue the connection of the parking lots to the east and closing off the existing
driveway for safer access. The building to the west should be placed in such a
manner as to allow for adequate throat depth and to provide for ease of traffic
flow. Parking spaces will be minimized near the driveway entrance. (*Note: A
traffic light is anticipated at this intersection but a temporary entrance may be
required until the light is installed.)
• All outdoor business signs will be in compliance with City Zoning Ordinances.
Only monument signs will be constructed with minimized lighting so as to be
non -offensive to neighboring homeowners;
• No future development or additions to the property without full review and
z
approval by the Impacted Homeowners.
City of Southlake, Texas
November 1, 1996
TO: Curtis E. Hawk, City Manager
FROM: Billy Campbell, Director of Public Safety
SUBJECT: Hail Damage In Police and Fire Services
Sixteen police and fire vehicles have sustained damage to include two vehicles with windshields in
need of repair, one of which has already been replaced because of excessive damage. We are dealing
with three or four dent repair people at this time. I spoke with Pubfic Works Director Bob Whitehead
yesterday and we will also assist him in his repairs.
Sergeant Barry Hinkle will be the point man and will gather all information for Public Safety and
Public Works, taking written bids from at least three local businesses, and at that time I will evaluate
those bids, confer with Bob Whitehead, and we will make a decision on a single company to repair
the vehicles.
Criteria to be utilized for repair:
a) All newer vehicles will be repaired in their entirety.
b) Vehicles that will remain in service for a short period of time (one year to 18 months)
will be repaired to the extent that will be acceptable to retain the aesthetics and
effectiveness of these vehicles to Southlake standards.
c) Only major repairs will be addressed to those vehicles that will be coming off line
soon. Small dents will not be repaired.
I am available for any comments or questions.
b"Z'
BC/bls
City of Southlake, Texas
MEMORANDUM
October 25, 1996
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: HAIL DAMAGE TO CITY VEHICLES AND PROPERTY
INFORMATION
The storm that hit the City on Monday, October 21, 1996, did damage to city vehicles and to the new
Public Works Center building roof. All of the damage was due to hail. Staff is in the process of
obtaining estimates of damage. Most of the damage to the vehicles is dents caused by the hail, however,
two windshields were broken.
BW/ls
C:\WPWIN60XWPDOCS\BUDGEnDAM-VEH.MEM
City of Southlake, Texas
MEMORANDUM
October 24, 1996
TO: Robert Whitehead, Director of Public Works
FROM: Ernest Bramlett, Superintendent of Water/Waste Water
Brad Payton, Superintendent of Streets
SUBJECT: Report on Damage to City Vehicles and Property on October 21, 1996
Bob, the following information is the estimated damage to city vehicles as a result of the hail
storm on October 21, 1996 in the Street/Drainage and Water/Wastewater departments, as well
as to the new Public Works Facility at 1950 E. Continental Blvd. In the Street and Drainage
Department, city vehicles unit #821, a 1996 Ford pickup, and unit #807, a 1994 GMC flat
bed, suffered slight hail damage. The estimation of cost due to the damage is in the $800-
1,500 range.
In the Water and Wastewater departments, unit #711, a Ford pickup, and unit #703 a GMC
pickup, both sustained cracked windshields as a result of the hail storm. The estimated cost to
replace the windshields is $250 per unit.
The roof of the new Public Works Facility at 1950 E. Continental Blvd. sustained moderate to
severe damage from the hailstorm. We will need a qualified appraiser or sheet metal building
appraiser to set a loss amount for the building.
EB/BP/'e
1.-�
City of Southlake, Texas
M
MEMORANDUM
October 24, 1996
TO: Bob Whitehead, Director of Public Works
FROM: Paul Ward, Building Official
SUBJECT: Vehicles with hail damage October 22, 1996
The following vehicles were damaged by hail from the storm October 22, 1996:
Building Inspections:
Vehicle # 903 1992 Dodge Pickup
Vehicle # 904 1993 Dodge Pickup
Vehicle # 906 1994 Ford Pickup
I am in the process of obtaining repair estimates. I will provide the information to you as soon
as it is available. Rough estimates by phone have ranged from $600.00 to $1200 per vehicle.
PW/jb
r-
.f
TO:
FROM:
SUBJECT
October 21, 1996
Billy Campbell, Director, Public Safety
G. Gregg, Deputy Director, Police Services
Latest Racetrack Information
The coordinated plan for handling traffic on racedays continues to mature as the
affected cities work closer together. I have attached a copy of the preliminary
operations report. The report basically supports contra -flow of SH 114 traffic on the
two lane section of SH 114 in Roanoke from Oak Street to IH 35-W inbound during
the race and outbound after the event.
Traffic on south bound US 377 would be diverted to FM 1171 to travel on to the race
on IH35W. Little, if any, traffic will be purposely routed to FM 170. Even though
there are three lanes, it is essentially the road to nowhere, because of the limited access
to 35 W.
TxDOT remains adamant at this point about not doing any barricading or work
involving cones, ect. Their position is two fold, this is a commercial venture, and no
appropriations were made in Austin for this project. TxDOT estimated that with the
planning they have contributed to this point and with the portable reader boards they
will furnish during the race, their contribution will be around $350,000.
The Texas DPS attended the monthly meeting for the first time this month. They had
nothing to contribute and stated they had not received any word yet whether or not
they will participate. In a side conversation with the DPS Lt. he questioned where he
would get enough troopers to handle the event, without going statewide.
TxDOT will be sending us a sample resolution of support for the City to consider.
They are looking for a consensus of support on the issues of the traffic diversion and
direction. I will forward it as soon as it is received.
OR
Latest Racetrack Information
October 21, 1996
Page 2
The timeline between now and the race is as follows:
• November Resolutions of support due
• January Final draft of overall plan
Media blitz begins
• February Final Operations plan due
Sign off by head of each law enforcement agency
I have begun preliminary discussions with Chief Miller of Trophy Club and Chief
Taylor of Roanoke regarding ancillary costs. As our local plan finalizes and we begin
to have some valid estimates of the support costs, this group will schedule a meeting
with Eddie Gossage and determine what areas of support we can expect to receive from
the track.
I�am available if you have any further questions.
/ `"T
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IR
Operations Subcommittee Report
to the
Raceway Traffic'Committee
October 17, 1996
Operations Subcommittee Report
to the
Raceway Traffic Committee
This report was prepared by the Operations Subcommittee for the Raceway Traffic Committee. At
the Committee's request,. the Operations Subcommittee drafted this summary of strategies for
effective traffic management. The Subcommittee recommends these strategies to the full.committee
as an effective way to manage the heavy traffic expected in their jurisdictions during major Raceway
events. Some strategies may seemingly require outside assistance for the local jurisdictions closest
to the track, however all sovereignty and responsibility of those jurisdictions will be maintained.
The subcommittee's mandate was to recommend effective strategies. given the existing roadways,
but not to involve itself in the considerations of funding sources. The subcommittee believes that
if the recommendations in this report are implemented, Raceway traffic can be mobilized effectively
and that we can allow for reasonable access to streets and highways by non-event motorists.
INTRODUCTION
Texas International Raceway is the second largest sports facility in the United States and is projected
to accommodate approximately 190,000 people at the first major event in April 1997. This will
make North Texas the site of the biggest events in Texas history. Plans to add approximately 10,000
additional seats per year over the next ten years are already being considered. A major event will
saturate the roads around the raceway with up to 60,000 vehicles all trying to get to the track before
the event begins. The October 1995 Carter & Burgess, Inc. and Prime Strategies, Inc. engineering
report predicts significant traffic congestion on major roads serving the North Texas'facili: The
study is supported by what has occurred at other NASCAR tracks in the United States, where traffic
can be found backed up for ten to twenty miles. In a recent raceway meeting, it was predicted
traffic on major event days could at times backup east to Dallas on SH 114 and south to the
downtown Fort Worth Mixmaster on Interstate 35W.
RACEWAY TRAFFIC COMMITTEE
Although the Texas International Raceway is located within the boundaries of the City of Fort
Worth, the Carter & Burgess report. shows traffic -conditions will affect many North Texas
communities. In January.,1996, Fort Worth .Police .Chief Thomas. R. Wmdham.met with .police
representatives from .many of these .agencies and initiated regional approach .to the .traffic
challenges.
The Raceway Traffic Committee, formed as a result of that meeting, has grown to more than thirty-
five (35) members representing cities, counties, the Raceway itself arM the Texas Department of
Transportation. (See page eight for a list of agencies and their representatives.) Many police
officers, engineers, and other traffic experts have been meeting at least weekly since early 1996 to
prepare for the future traffic challenges.
■ Committee Goal- to professionally expedite the movement of traffic in the affected areas
with consideration for the needs of both Raceway patrons and those citizens who are not
attending the event.
Raceway Traffic Summary cont.
Page two
COMMUNICATION
Local jurisdictions need to be aware of what events are scheduled for the Raceway and how the
events may affect their community. The Fort Worth Police Department_ has agreed to forward
pertinent information about scheduled events to the cities which might need to be prepared. For. the
purposes of such planning, the events and notification list have been prioritized. Police staffing will
very likely be related to the size of the event.
• Priority three = Small events of less than 50,000 patrons, priority three positions staffed
• Prioritytwo = Medium event 50,000-100,00 patrons, priority two & threepositions staffed'
• Priority one = Large events more than 100,000 patrons, all priority locations staffed
During priority two or three events, the police command post at the Raceway will be operational and
will be equipped to provide immediate notification of information as required. Police
representatives from affected agencies will be invited and may participate in the command post
operation. A Fort Worth Police helicopter will monitor all major routes involved in the traffic plan,
without regard to jurisdiction.
THE MAJOR TRAFFIC CHALLENGES - AND THE SOLUTIONS
The Committee's traffic experiences, the Carter & Burgess report, and our observations of the two
public events at the Raceway, make. it immediately obvious that allowing traffic to flow normally
with minor alterations would be utterly impractical. Such an approach would leave both race
patrons and local citizens facing a traffic gridlock situation for many hours. The Texas Department
of Transportation estimates that, if we do not actively manage the traffic, there is likely to be an
ei
ght to ten hour gridlock with many race patrons unable to reach the track. Local citizens could
find themselves virtually unable to move about to conduct normal business for -several days.
Some jurisdictions are uncertain what resources they are going to require or to provide during
Raceway events. This report may help cities decide what resources they need. There is no evidence
to show the Department of Public Safety will be involved in the direct planning or operation of
Raceway=related traffic matters: While -the Texas .Department of Transportation (TxDOT) is' ` `=
actively involved in the Raceway Committee and planning process; TxDOT- has not been authorized
to fund or implement any Raceway traffic plans, including barricades and signs. Many cities are
gearing up to enact this plan and work in cooperation with their neighboring cities.
The Carter & Burgess report also estimates that about 48,000 vehicles will approach the raceway
from the east and south making heavy use of Interstate Highway I-35 West (I-35W) and State
ITighway 114 (SH 114) in the hours just before and immediately after a major event. The Committee
agrees with the estimate and believes SH 114 is the most critical of these two major arteries since
it has the least capacity in its present form.
Raceway Traffic Summary cont.
Page three
Listed below are some of the most significant solutions recommended by the Committee:
The intersection of Interstate 35W and State Highway 114
This intersection is the key to effective traffic movement in the area. If not redesigned for major
events, -this intersection. becomes a critical choke point for traffic. 'Traffic. must be expedited through
this location, if citizens who want to attend the event have any chance of arriving in a timely
manner. Map #1 shows the plan the committee has recommended for inbound traffic. It allows for
four lanes of traffic to flow into the Raceway with uninterrupted streams of traffic. The stop signs
are eliminated, arid I-35, along with SH 1.14 traffic. move independently of one another.
Map #2 shows the outbound traffic flow. This plan expedites traffic in the same manner as the
inbound but in the opposite direction. Again, the two major roadways are sharing an intersection
without interrupting each other. The post -event traffic on SH 114 will flow west to FM 156, south
to I-35W and two lanes will flow east toward Roanoke. These contra flows are available with
existing intersection design and will be enhanced once the scheduled intersection modifications are
completed early in 1997. Traffic control officers will expedite movement where necessary.
One-way State Highway 114 from Oak St in Roanoke to I-35W
,.,,. SH. 114 east from I-35W to just east of Roanoke is a two-lane road with a narrow railroad underpass
that severely limits its ability to move the number of vehicles we expect. Hotel space dictates the
direction from which most traffic will originate. With most of the metroplex hotel space east of I-
35W, the Committee believes SH 114 will be the roadway with the greatest demand on event days.
This road, from the Dallas area, is -a multi -lane, divided freeway that changes to a multi -lane divided
roadway just west of Grapevine. The road then narrows to one lane westbound just east of Roanoke.:
As traffic backs up in the hours before a major event, we believe motorists will, of their -own accord,
form two lanes going west through Roanoke. From Oak Street in Roanoke, west to the raceway, is.
3.2 miles and the roadway is restricted to two lanes under a narrow railroad underpass.
After considerable.deliberation, the committee decided -.that the best solution is to make SH 114 one
way westbound, using both lanes from Oak Street in Roanoke all the way into the raceway. While
this is somewhat labor-intensive and may temporarily inconvenience residents and businesses in
the three-mile area, it will allow traffic to move rather than come to a�complete stop for hours at
time. The Committee believes traffic otherwise would not move and would in fact be a greater
inconvenience to area residents and businesses. To allow only one lane from Oak Street in Roanoke
west, would make the City of Roanoke the major choke point and would back traffic up enough to
seriously affect D/FW Airport.
Sometime during the event itself, the contra flow on SH 114 will be reversed so that two lanes of
outbound traffic can flow from the Raceway east toward Roanoke. These reasonable traffic control
measures reduce the estimated traffic delays from eight to ten hours to a more palatable four hours.
Raceway Traffic Summary cont.
Page four
Detour of US 377 from SH 114
US 377 overpasses SH 114 in Roanoke, however, many motorists on US 377 exit onto Oak Street
to interchange to SH 114. Oak Street cannot handle the anticipated volume of traffic and the
interchange would seriously affect the flow of SH 114. SH 114 will be at its capacity and could not
accept US 377 traffic without causing Roanoke to gridlock. US 377 traffic needs to be diverted to
other available roads that lead to the Raceway and that do not merge with SH 114.
Traffic southbound on US 377, in the City of Argyle, needs to be diverted west to I-35W at FM 407.
This will eliminate the merge at SH 114 and will also reduce congestion at US 377 and FM 1171...
Northbound US 377, in the City of Westlake, needs to be diverted to SH 170 west to I-35W. Alta
Vista and Old Denton highway will also be diverted west onto SH 170. The Committee has planned
and recommended adding to the existing one lane merge of SH 170 to I-35W, an additional lane of
traffic from SH 170 to I-35W to be channeled on the freeway shoulder.
Up to the minute signing
The Committee realized early in their planning that the roadway system was inadequate for the
anticipated traffic demand. It was agreed that signs located in Fort Worth and Dallas were necessary
to advise motorists of the best routes to the Raceway. As incidents that block roadways occur, the
commercial radio stations and these signs need to instantly communicate the situation.
Police line patrols for rapid response to incidents
Insufficient roadways to the Raceway demand that the available lanes remain open. Lane blockages
due to accidents, stalled vehicles, and other incidents critically reduce the effectiveness of the traffic
system. Jurisdictions all along the route are interdependent upon each other to keep the roadways
open and moving. For example: An accident in one city will certainly be felt in the cities behind
it. This is especially the case for cities in the SH 114 corridor. _
Additional recommendations
These and other measures to fine-tune the traffic flow are listed on the RECOMMENDATIONS
page. Critical to our goal of moving raceway traffic and allowing nonevent motorists .reasonable
access to the roads is the need for up -to -minute signage. The Texas Department of Transportation
will design and recommend placement of such signs. These signs will aid event patrons in finding
the best routes and will warn motorists as far away as Hillsboro and Denton that they should
consider using I-35E to travel through the Metroplex on major raceway event days.
Raceway Traffic Summary cont.
Page five
RECOMMENDATIONS
■ I-35W and SH 114 interchange should be contra flowed to allow all traffic lanes to travel in
the direction of the demand without interrupting the traffic. streams. This will not allow
southbound'traffic on the SH 114 exit from I-35W to reach SH 1.14 for several hours before
an event. This exiting traffic will be directed into the Raceway parking area accessible from
the southbound I-35W service road.
■ SH _114 must become a one -way -road in the direction of the demand between N: Oak Street
in Roanoke to the Raceway.
■ Close US 377 access to SH 114. Divert Raceway traffic southbound to FM 407 and
northbound to SH 170.
■ Use the improved shoulder of roadway on SH 114 for an extra lane of traffic between SH
170 and North Oak.
■ Use the improved shoulder ofroadway on I-35W for an extra lane of traffic between SH 170
and SH 114. (Inbound and northbound only)
■ Authorize two lanes to exit from I-35W to SH 114 northbound and southbound.
(Southbound requires construction plan to be completed on time)
■ Strategically place up to the minute route advisory signs in Dallas, Fort Worth, and mid -
cities to advise travel time to Raceway via each route.
■ Police officers are required at intersections to control traffic or retime signals -if the signal
is so equipped.
Signal lights need hand control operation -for police -officers..
■ Limited available roads mandates that police officers are required for line patrol beats to
respond quickly to any incident that may block a lane of traffic.
■ Position fire and ambulance service to travel in opposite direction of traffic demand.
■ Cities should consider trail blazer signs to Raceway and barricades to protect residential and
collector streets. Some cities .are installing temporary barricades with "no access to
Raceway" signs.
Warn I-35 traffic in Hillsboro and Denton of delays on I-35W and encourage through traffic
use I-3 5 E.
Raceway Traffic Summary cont.
Page six
■ Public information and media releases to forewarn nonevent traffic.
■ Encourage mass transit issues.
■ Road maintenance and construction should be scheduled in consideration of major traffic
demand periods.
ISSUES FOR SURROUNDING JURISDICTIONS
Some Committee members, from jurisdictions close to the track, have recognized they may need to
use various strategies during event days to help to both move this traffic and to allow their local
residents to conduct business in as normal a manner as possible. Some of these solutions include:
■ Colored ribbons on local resident vehicles to allow traffic control officers to identify them
and move them through the raceway traffic as necessary
■ "No Raceway access" barricades and signs to prevent frustrated raceway motorists from
flooding residential neighborhoods looking fora quicker route.
■ Notices and announcements to business and churches that they may want to reschedule their
hours of operation during peak traffic times.
■ Traffic control officers at locations that are critical in some small communities such as
railroad tracks, near schools (for the Friday qualifying sessions), and near churches on
Sunday.
■ Officers to hand -control signal lights at locations where a major artery such as SH 114
crosses a smaller road to bias the traffic to the busier road. Representatives from Southlake,
Trophy Club, Keller, Justin, and Argyle have all recognized the need for this kind of action.
■ Portable trail blazer signs to designate routes to Raceway
■ Portable toilets to help with sanitation issues
■ Evaluation of their own jurisdictions for special needs and signs peculiar to their own
concerns.
■ Additional officers to staff intersections and police line patrols for emergency response to
traffic chokes.
■ Police officer equipment such as flashlights, vests, batteries, radios, etc.
■ Provisions for increased impaired driver (DWI) traffic
Raceway Traffic Summary cont.
Page seven
CONCLUSION
The Committee is comprised of experts in traffic issues and included representatives from many
North Texas cities. Their evaluations and recommendations were based on the entire North Texas
transportation requirements and not the desire of one entity. These reasonable proposals are fully
supported by the Committee and are necessary to accommodate the thousands of vehicles anticipated
for major Raceway events. The transportation concerns of the region were the Committee's main
focus during the entire planning process.
A critique will be conducted after each major event in an effort to improve traffic operations.
31
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vne-way araJJic on 114
proposedfor race days
BY BmY BLANEY
Star -Telegram Staff Writer
KELLER —The narrowest
stretch of Texas 114 could
become a one-way street car-
rying as many as 8,000 cars
per hour, under a preliminary
plan to handle the massive
traffic on race days at Texas
International Raceway.
But officials would hand
out special colored ribbons
that would let local residents
cut in line if they needed to get
bread, milk or other necessi-
ties, officials said yesterday at
a session of the Raceway Traf-
fic Committee.
. The one-way traffic idea is
one of numerous recommen-
dations discussed by the
group, representing about 30
law enforcement agencies in
(More on RACEWAYon Page 15A)
Star Telegram
of I-35W and because Texas 114 is adjustments are needed, officials
Raceway only two lanes, it will be the road- said.
way that is most stressed, commit- Three major races are sched-
From Page lA A. tee officials said. uled in 1997 at the 1.5-mile oval
On days when as many as track in southwest Denton Coun-
four counties. Among the recom-
mendations, the group is also
studying:
■ Barricading entrances to
neighborhoods to prevent speed-
way -bound motorists from seek-
ing shortcuts;
■ Directing motorists through
stop signs from Texas 114 and In-
terstate. 35 to keep traffic moving
continuously;
■ Strategically placing route
advisory signs in Dallas, Fort
Worth and Northeast Tarrant to
advise motorists on travel times to
the raceway via each route; and
■ Making signal lights hand -
controllable by police officers.
The plan will be taken within
the next month tp area cities and
governing agencies in Tarrant,
Denton, Wise and Dallas counties
forapproval and endorsement.
"Whether it happens or not is
contingent on having enough re-
sources," said Pat Kneblick, dep-
uty chief of the Fort Worth Police
Department, the lead agency in
overseeing and developing ways
to deal with the massive numbers
of motorists:.
The first NASCAR race is
April 6. Race officials have pro-
jected that more than 150,000
people will attend. Because most
of the Metroplex's hotels are east
48,000 cars will creep along Texas ty. Fort Worth is planning to
114 to get to the 190,000-seat facil- annex the raceway into its city
ity, the lives of people who have limits.
no fascination for racing will be Committee representatives
severely disrupted, the committee warned that. residents along the
said. Texas 114 corridor also would
"I don't see how it can be have to become experts on when
avoided, especially if traffic is di- races are scheduled. Residents
verted one way," said Mark Ball, also would have to constantly
public information director for monitor radio public service an -
the Dallas district ok-the. Texas
Department of Transportation.
Under the committee's plan,
Texas 1.14 traffic would flow in
one -direction in both lanes 3.2
miles from Oak Street in Roano-
ke to the raceway at I-35W. After
the race, motorists will fill both
lanes heading back east.
"These reasonable traffic con-
trol measures reduce the esti
mated traffic delays from eight to
-10 hours to a more palatable four
hours," the report says.
The key intersection is at Texas
114 and I-35E, where traffic
would go into and out of the
raceway on four lanes, officials.
said. Traffic from .I-35W and
Texas 114 would move indepen-
dent of each other.
Smaller events scheduled at the
track in the days leading up to the
April 6 NASCAR race will give
the committee a clue where other
choke points might develop and if
nouncements to learn what kind
of crowds to. expect when they
leave their homes.
If the committee's plan is
adopted, officers will put bar-
ricades along entrances to neigh-
borhoods to prevent raceway mo-
torists from seeking shortcuts.
But there is another reason,
Kneblick said.
"I do not want race patrons to
pull off in Trophy Club to use the
bushes," she said.
Roanoke officials have decided
to place portable toilets along the
town's stretch of Texas 114 to pre-
vent motorists from using the
roadsides.
The committee has met month-.-
ly since January, and some mem-
bers have met weekly to work on
the toughest problems.
"They had just let their hair
.down and' looked at all sorts of
things," Ball said. "Had they not
done that, I don't know if this plan
would have come about as it has."
10i17/96 19:20 U214 320 4486 PUBLIC INFO
4 001/002
Texas Department of Transportation
Oct. 11, 1996
P.O. BOX 3067 - DALLAS, TEXAS 75221-3067 - (214) 320-6100
FOR IMMEDIATE RELEASE
Media contact, James Black, TxDOT Public Information
(214) 320-4485
TxDOT BEGINS WORK AT I-35W AND SH 114
IN ANTICIPATION OF MOTOR SPEEDWAY TRAFFIC
The Texas Department of Transportation (TxDOT) begins a pair of roadway
improvement projects along Interstate 35W and SH 114 in southwestern Denton County next
week. Both jobs are geared toward improving traffic flow on these primary routes to the Texas
International Raceway,
On I-35W, contracting crews will reconstruct the southbound frontage roads and build a
new southbound exit ramp to SH 114. This phase is being funded by the City of Fort Worth.
On SH 114, crews will build all -new westbound lanes and reconstruct the existing two-
lane roadway to handle eastbound traffic. Once completed, SH 114 at 1-3 SW will have expanded
from two to six lanes. Crews will also build a turnaround traffic lane at SH 114 from southbound
1-35W to northbound I-35W. The City of Fort Worth has contributed 48 percent of costs for this
phase of construction, with TxDOT fiends making up the remainder. Together, both projects total
$5.7 million.
TxDOT and contractor Sunmount Corporation of Roanoke, Texas plan to complete the
improvements before the April 1997 opening of the neighboring Texas International Raceway.
Working together with local law enforcement agencies and city officials, TxDOT's
improvements are part of ov8rall traffic plans focusing on these soon -to -be busy locations.
-- more
An Equal Odporrunhy Employer
iVr i,r 0V la. LV 4UL11 JLV 4400 rU0111k, INru WJUUZ/UUZ
1-35WISH 114 improvements
Add one --
"I-35W and SH 114 are the main routes into the speedway and, on race days, we expect
them to be very well used, to put it mildly," said TxDOT's Denton County Area Engineer Buz
Elsom., whose office will oversee construction. "TxDOT, the City of Fort Worth and the Fort
Worth Police Department, along with other agencies, are being extremely proactive in trying to
solve what we see as an upcoming traffic problem at this location."
Early estimates provided by the Fort Worth Police Department figure more than 60,000
vehicles daily will pass through the I-35W/SH 114 intersection on weekends of speedway race
competitions. By comparison, less than 10,000 vehicles currently pass through this intersection
each day.
Construction crews will begin setting safety barricades along their work zones on
Monday, Oct. 14. Both projects are set for completion in March 1997, one month before the first
scheduled race at the Texas International Raceway.
Information on scheduled lane closures on 1-35W and SH 114 will be posted on
TxDOT's construction hotline. The hotline number is (214) 374-4100.
For further information about these projects, call TxDOT's Denton County Area Office at
(817) 387-1414 or TxDOT's Public Information Office in Dallas at (214) 320-4480,
-30-
t
i
City of Southlake, Texas
November 1, 1996
TO: Curtis E. Hawk, City Manager
FROM: Ron Harper, City Engineer
SUBJECT: Estimated Construction Cost of White Chapel From SH 114 to West Bob Jones
Road
The following is the estimated cost to construct White Chapel from State Highway 114 to West
Bob Jones Road. The type of construction is the same as the construction recently performed on
Dove Road and the cost estimate is based upon the contract price for Dove Road.
SEGMENT
DISTANCE
COST
SH 114 to Dove
0.6
135,000
Dove to West Bob Jones Road
1.9
427,500
TOTAL
2.5
562,500
The above costs do NOT include any reconstruction to the two stream crossings south of the park.
These costs have been estimated to range anywhere from $125,000 to $400,000, depending on
the type of crossing to be constructed. This project also does NOT anticipate any appreciable
widening of the roadway.
If yoa*ve any questions, please feel free to contact me.
H/rjh
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UPCOMING MEETINGS
November 4. 1996
Keep Southlake Beautiful
7:00 p.m. White Chapel Rm
November 5, 1996
City Council
6:00 p.m. Council Chamber
November 6. 1996
Library Meeting
7:00 p.m. White Chapel Room
November 7, 1997
Planning & Zoning
0 p.m. Council Chamber
Plan now to attend....
"Holiday in the Park"
t
December 8, 1996
5:00 - 9:00 p.m.
The committee for the 40th
Anniversary will plan to sell
commemorative Holiday
ornaments during this popular
annual event.
city manager's report
november 1, 1996
CITY COUNCIL AGENDA - November 5, 1996
The following items will be addressed at the regular City
Council meeting on November 5, 1996.
Consent Agenda:
1) ZA 96 -129, Plat Vacation, located 230' E. of Pine Court, & Pine Drive (#10)
2) Authorize to bid replacement fences at Bicentennial Park
3) Interlocal Agreement with Denton County for Purchasing
4) Amendment to the Participation Agreement with TxPool
5) Community Service agreement with Keep Southlake Beautiful
6) Community Service agreement with G. R. A. C. E.
7) Community Service agreement with Lake Cities Band
8) Authorize the Mayor to execute a Professional Services Agreement with
LeBlanc and Assoc. for software development for Community Development
9) Agreement with TxDot for Signal at Village Center & 1709
10) Authorization to seek bids for Fuel Station at the new Public Works Center
Regular Agenda:
1) Ord. No. 480-212, (ZA 96-96) Rezoning and Site Plan for 3.331 acres 200'
east of the intersection of Pearson & 1709 (#16)
2) Ord. No. 480-213, (ZA 96-97) Rezoning for the S.E. comer of the
intersection of Jordan Drive and Pearson Lane (#16)
3) ZA 96-134, Concept Plan for the Village at Timarron (#9)
4) ZA 96-135, Revised Preliminary Plat, Timarron, at the SE comer of 1709 and
the proposed Byron Nelson Parkway (#9)
5) ZA 96-121, Site Plan for the Southlake Center at Kimball, south side of the
intersection of Bluebonnet Drive and 1709 (#7)
6) ZA 96-117, Site Plan for Versailles Private Pool Facility, located NE comer
of the intersection of South Carroll and Bordeaux Court (#8)
7) Res. No. 96-51, (ZA 96-71) Specific Use Permit for outside storage for Great
Outdoor Landscape located 225' east of Brumlow and Hart Court (#7)
First Readings:
1) Ord. No. 643, Requiring registration of door-to-door solicitors, requiring
identification badges, and providing regulations.
2) Ord. No. 645, Proving for registration and regulation of handbill distribution
3) Ord. No. 667, GTE Franchise Ordinance
4) Res. No. 96-68, GTE Settlement and Release
Other Items for consideration:
1) Prioritization of project requests
2) Developer Agreement for Shady Oaks Shopping Center
3) Policy for reimbursement of Council expenses
4) Realto Letter of Intent
Other Items for discussion:
1) Ord. No. 666, raising the speed limit on F.M. 1938
2) Continental Park Dam
3) Pavement Distress Recommendation Report
4) Diamond Circle Estates Street Reconstruction
5) Developer Agreement for Heritage Park
6) Recommendation of candidates to Tarrant Appraisal Review Board
DE `Y ELO1I'ME `l7
E
ACT MTY
{
UPDATE
Library Committee News
Planning & Zoning Meeting
Throughout its first 100 years,
November 7, 1996
The Library Committee met on
the Southlake area was sparsely
October 22. The meeting
settled by farming families. In
96-124 Zoning/Concept Plan,
included discussion on the pros
the 1950s, it began to see
Crestwood Office Park #10
and cons of a stand-alone
moderate growth, spurred by
96-130 Zoning/Concept Plan,
library versus a tri-city library.
the completion of Lake
Timarron -Tract I #2 & #4
The committee discussed
Grapevine in 1952. Today, the
96-131 Zoning/Concept Plan,
Timarron 1-Tract II #2 & #4
questions to be included on the
area around the little settlement
96-132 Zoning/Concept Plan,
upcoming citywide survey and
of Lonesome Dove has
Tract III #2 & #4
a time line for completion of
emerged as the City of
96-133 Amended Plat, Lonesome
the committee's
Southlake, one of the fastest
Dove Estates #3
responsibilities.
growing cities in the
96-136 Zoning/Concept Plan,
Dallas/Fort Worth Metroplex
Fox Glen #10
SPIN W60
and in Texas. The following
96-137 Preliminary Plat, Fox Glen
40SMeetings #0
population counts from the
#10
U.S. Bureau of Census may be
96-138 Site Plan, Kingsley Assisted
of interest.
Living #13
November 4, 1996
96-139 Plat Revision, Kingsley -
SPIN #4, #8, #9, #10
Population Counts:
Assisted Living #13
Developer/Fox Glen &
96-141 Final Plat, Timarron #9
Crestwood Office
96-142 Final Plat, The Woods #16
7:00 p.m. Solana Rm 201
1960 1970 1980 1990
96-143 Site Plan, PetsMart-
SPIN #16
1,023 2,031 2,808 7,065
Village Center #4
Sewer Update/DPS Services
96-144 Plat Revision, Lake Crest
7:30 p.m. Lodge
%increase 99% 38% 152%
#14
96-145 Zoning/Concept Plan,
November 12, 1996
1995 population was 13,350
Southlake Town Center #4
and the January 1, 1996
96-146 Site Plan, Mesco #6
SPIN #13
estimate was 14,950.
96-147 Specific Use Permit, (beer
Developer/Childress Courtyard
sales) Mesco #6
7:00 p.m. Council Chamber
96-56 Plat Vacation, Freeman,
The Statistics on Single
(withdrawn) #8
November 13. 1996
Family Residential Permits:
96-60 Plat Showing, Freeman,
SPIN #1
General office (withdrawn) #8
Developer/Inland Properties
1980 60 permits $4,090,080
96-90 Zoning/Concept Plan,
Southlake Prof. Plaza #14
43 acres on West Bob Jones
1985 212 permits 29,770,324
96-110 Concept Plan, Church of
7:00 p.m. 4475 Homestead
1990 176 permits 31,374,042
Christ #16
Consider: Master Plans for:
November 21, 1996
1996 534 permits 130,918,105
Bob Jones Park
SPIN #9, #10, #14
Bicentennial Park
Developer/Harvard Square
FYI Note: Texas National Bank of
Parks and Recreation Open Space
7:00 p.m. Johnson Auditorium
Southlake has been named to The
Business Press list of top 25 largest
Tarrent County based banks, based
total assets as of 12/31/95
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NEWS CLIPPLNG
Source:
Date: I 1
State moves 114 improvements into the fast lane
But relief won't be coming too soon
The Texas Transports-
porters, who just three months ago
Boulevard. Growing from almost east end of this section of highway. for right-of-way acquisition and
lion Commission moved four
lobbied the commission for the
50,000 cars per day now to over Priority Two status was preliminary design work. Dove
proposals for Improvements to
change.
110,000 per day in the next twenty given to the Dove Road intersec. Road is on the west end of th'
Highway 114 Into the fast
Southlake Mayor Rick
years. Kimball Avenue is on the tion by the commission, allowing section of highway.
lane earl er this month. Of the
Stacy said, 'the road for the 114
four, thr" we freeway type
improvements was obvious. All
interchanges hen In
the Partnership needed to do was
Southlske.
get the attention of the Texas
^r
the three intersections
Transportation Commission, and
.filed sir wtwk are at Kimball
we did that. The group did a great
Avenue, Kirkwood Drive and
job.'
Carroll Road. The improvements
Even with the Priority One
also call fur service roads from
status, however, the local projects
c ;,
Kitkssad Drive to Dove Road,
have to compete with others state-
Carroll Road to Kimball Avenue
wide for each years highway con-
budget dollars.
and Kimball Road to Wall Street.
struction
the projects were given
Approval must also come
Priority One status for f66 million
from the Regional Transportation
its funding that highway department
Council of the North Central Texas
t,r°
ullicials said could come as early
Council of Govemments. Concur-
as 1994.
rence with the commission's rec-
•;r*�S
Although this is gad
ommendation is expected.
news, improvements won't come
Priority One allows for
before the Texas International
funding within four years to com-
;t
M!
Raceway began holding its races
plete construction. Only Priority
this April. F%inuatec are 150.000
One jobs are let out for bids.
lw,y,lc will attend the races at the
In an effort to expedite the
sad l,raled at Highway 114 and
Ilighway 114 improvements, the
+
1 i5N'. A gad number of them
City of Southlake offered to pay $I
n ill be traveling Ilighway 114
million toward the Kimball Avenue
through Souddake.
interchange.
+ -
Ilse announcement oet of
According to Highway
Austin thrilled local officials and
Department figures, Highway 114
neml,crs of the Metropor, 114
will be most heavily traveled be-
I:rmcrship. a group of area sup-
tween Dove Road and Southlake
_
Traffic backs upas lsr as you can seest the Kimball Avenue - Highway 1141slersectlon.
NEWS CLIPPING
Friday, October 11,1996 Serving Bedford, Colleyville, Euless, Flower Mound, Grapevine, Haltom City, Haslet, Hurst, Irving, Kell
Carroll, Grapevine pumped
for first -ever football game
BY YAMIL BERARD
Star -Telegram Staff Writer
The key play for tomorrow's
Carroll -Grapevine contest is down-
play, school officials say.
After all the hype about The .
Game — the first football matchup
between neighboring Carroll and
Grapevine high schools — a hush
has descended upon both cam-
puses. To win, one must remain fo-
cused, so goes the buzz around the
schools.
So keep calm. "Everybody's
pretty quiet over here," Carroll
Principal Linda Smiles said. "It's
low key."
Don't get overly hyped. Too
much adrenalin tends to trigger
nervousness, resulting in fumbling
fingers, sloppy pass patterns, blown
assignments, lack of concentration.
"You don't want the kids to get
too high for something and then
not perform at all," said Ted Brev-
elle, athletic director for
Grapevine-Colleyville school dis-
trict. "They're making it like a reg-
What: Grapevine (5-0) vs.
Southlake Carroll (2-2-1) in
the District 9-4A opener for
both teams
Where: Pennington Field in
Bedford
When: 2.p.m. tomorrow
Tickets: $6 for adults, $4 for
students at the school
before the game. $7 game
day at Pennington Field
ular week and focusing in on who
they are playing and playing hard."
And neither school wants to ap-
pear flamboyant or cocky before.
the afternoon confrontation.
(More on GAME on Page 8)
NEWS CLIPPING
' `• viz
CwTofl d &tric% 5outWake work together nu
b1
Adflo,lic complexplans'studied,p �q
BY YAMI ' ERARD
AND LESLI UEHOLT
Star-Telegra Writers
SOUTHLAK — An initial pro-
posal to build a high school football
stadium has evolved into discus-
sions about an elaborate athletic
complex that could include an
aquatic facility, tennis center and
possibly a world -class golf course.
Southlake and Carroll school dis-
trict officials tossed about ideas and
dreams for a complex Tuesday dur-
ing a regularly scheduled joint
meeting. Today, a complex will be
the subject of a private luncheon
between City Manager Curtis
Hawk, Mayor Rick Stacy and de-
velopers from Timarron Land
Corp., Stacy said.
No formal plans have been draft-
ed, and at Tuesday's meeting Hawk
advised delaying plans until city of-
ficials sign off on a deal with an un-
named local property owner who
weeks ago suggested donating as
much as 200 acres for a projectW
Hawk said. I el-:
But yesterday, Hawk said that he(=
has talked to several property own"
ers and that none has been willing
to sell what the city needs.
"There is no proposal on t1reP
table and there is no site that has('
been presented," he said. "WO'
don't know how big a site we need'
because we don't know what all will`
be included in the complex." '`l
(More on STADIUM on Page 4) n'
tc
NEWS CLIPPING
Office park planned
SOUTHLAKE — Timarron Land
Corp., developer of the 1,100-acre
Timarron subdivision, wants to build a
corporate office park in Southlake that
would rival Solana and Las Colinas,
-staff writer Leslie Hueholt reported.
With city approval of zoning changes,
the '531-acre commercial development
along Texas 114 would be home to
businesses, hotels and big -name cor-
porate offices, officials said.
Timarron Land Corp., a subsidiary of
Mobil Land Development Corp., wants
the city to rezone three noncontiguous
tracts that are zoned for agricultural
uses. The 58-acre, 272-acre and 201-
acre tracts are north of Texas 114 from
west of White Chapel Boulevard to
Kimball Avenue. Construction could
begin in a year, a company official
said.
Southlake Planning and Zoning Com-
mission will consider Timarron's zon-
ing. requests Oct. 17. City Council
members said they support the plan.
'O
NEWS CLIPPING
II Source: '�() U-q 1 � a , (My r4 � I Date: 10- l 1-qj�9 11
A Cornerstone Of "
Southlake Speaks Out
We make a difference. This is a philosophy that bonds our
community and created Keep Southlake Beautiful. As an all -
volunteer, non-profit organization, your KSB board members
count on Southlake pride to get things done.
Even though we're a young organization, we're leaps ahead
of some of our neighboring communities. Formed loosely in 1992,
we quickly attained Keep America Beautiful certification after
completing training and a photometric index to document our
litter reduction efforts. Our successful quarterly trash -offs evolved
from once -a -year efforts, and we're quite proud of the many neigh-
borhood groups, families, organizations, and businesses that have
signed up for Adopt -A -Street. These group efforts, along with
an annual updated photometric index keep us KAB certified.
KSB is more than just litter oriented. The Board of Directors
formed four committees to further beautify our community: Lit-
ter, Beautification, Education, and Special Events. We invite all
citizens to join one. Amazingly, our young group has already
won several grants. The Texas Parks and Wildlife Department
awarded us a Wildscape Grant from which we created an educa-
tional wildscape area in Bicentennial Park. You'll know you
found it by the striking gazebo and bridge built by Eagle Scouts
Matt Bickford and James Robertson. We appreciate joint efforts
and welcome other ideas on how to enhance this area. An ongo-
ing enhancement is a waterscape on the site.
Many of you are currently taking advantage of our second
grant - the composting classes offered by the City of Southlake,
and a Buffalo Waller Festival gave our citizens a chance to learn
about wildflowers and to seed Bicentennial Park. The Special
Events Committee also awards a quarterly Beautiful Business
Award to our commercial neighbors who consistently maintain a
beautiful and clean property.
Finally, KSB labored hard four years ago for a Tree Preserva-
tion Ordinance. A new effort has begun to strengthen this ordi-
nance. We encourage you to ask questions and to sign the tree
Preservation Ordinance petition.
What other exciting things do we have planned? Besides the
ongoing waterscape are and Tree Preservation Ordinance peti-
tion drive, we'll be starting Adopt -A -Spots and offering lecture
series. Our Education committee is also joining efforts with our
elementary schools to help further their Nature Sites. We are
also developing a video on How To Save Trees. If you have trees
on your personal property or in the community that you would
like documented on tape, please call us.
Read the Keep Southlake Beautiful Corner for further updates,
information, and ways to get involved.
KSB Board of Directors
424-0414
Source:
NEWS CLIPPL 1G
Date:
Fire Guts Commercial
Building In Southlake
by Terry Fox
A fire destroyed the former Bill
Massey Furniture building located
at the north end of White's Chapel
in Southlake recently. The 3 story
building was seriously involved
when firefighters arrived, with
flames engulfing the rear two floors
of the building. Firefighters from
Southlake, Grapevine, Colleyville,
Keller, Trophy Club, Euless, N.
Richland Hills, and Bedford were
called out to help with the fire,
which was brought under control
within 2 hours of it being reported.
The building, however, was com-
pletely destroyed.
The cause of the fire, accord-
ing to Robert Finn of Southlake
DPS Fire Services, has not been
ruled upon yet by the Tarrant
County Arson Task Force, but he
expects it will be returned as "un-
determined." Arson is not sus-
pected at this time, according to
officials. The total value of the loss
has not yet been determined.
The current owner of the build-
ing is American Aquatic, a whole-
sale tropical fish company based
out of California that bought the
building in 1995 from Bill Massey.
photo by Terry Fox
The former Massey Furniture building will be bulldozed after being
gutted by a fire last week.
X
NEWS CLIPPING
11 Source: U +IA � A ,U V o Date: 10 •-11 A JJ I
Learn About City Through Volunteering
The City of Southlake and the Southlake Association of Volunteers (SAV) encourage residents to
learn more about the city while tuning up your job skills by volunteering at any of the following city
departments:
City Manager's Office - Volunteer Clerk -. ,_ . _-:,_ • --
r
Tuesdays and/or Thursda s referred; flexible hours; iit er news a er articles, hotoco . assemble ' Y Y P 8� P P photocopy.,
packets, and help with weekly mailings.
City Secretary's Office - Volunteer Clerk
Ist & 3rd Friday's of each month; 4-6pm; photocopy and assemble Council packets.
Public Works - Building Permit Volunteer Clerk
Flexible days and hours; enter data and file building permits.
Public Works - Public Works Administrator Volunteer
Flexible days and hours; file, process mail, and type
Parks & Recreation - Volunteer Clerk
Flexible days and hours; gather news clippings, enter data, type and file.
Parks & Recreation - After School Program Volunteer
Monday - Friday; 3-6pm; supervise, tutor, play games with children.
Economic Development - Office Volunteer
Flexible days and hours; assist with distribution of quarterly business newsletter.
For information on any of the above opportunities, contact Coy Gray at 481-5581, ext. 806
NEWS CLIPPLNG
'IM IVIAIffJ�I �IIMEM
Toyoma dancers perform at CHS
A troupe of Japanese dancers from Southlake's sister city, Toyoma, Japan, held a special performance
for Southlake residents at Carroll High School. The dancers performed native dances in traditional
colorful costumes. Southlake and Toyoma have maintained a Sister City relationship for five years.
NEWS CLIPPING
Source:
Date: i n' w
Firefighters were called to a fire October 1, on N. White Chapel Rd. to battle a blaze consuming
a three story building. The structure which once held Massey's Furniture Store was vacant at the time of
the blaze.
Fire units from Grapevine, Keller, Colleyville, Trophy Club, Euless, North Richland Hills and
Bedford were called in to assist Southlake in controlling the flames.
The blaze was brought under control in two hours, but the building was a loss. A cause had.not
been determined at press time.
NEWS CLIPPING
II Source: �u m wi P ► wl rQ� S I Date: If)- j k lq(O 11
Toastmasters
to meet every
Monday
The Southlake Chamber
of Commerce and the City of
Southlake wish to announce the
next meeting of the Toasmasters
Club, a world-wide organization
dedicated to teaching and improv-
ing communication and leadership
skills.. The club is open to residents
and employees in the Southlake
and surrounding communities.
Meetings will be held each
Monday at 7:00 a.m. in the
Southlake Community Center at
Bicentennial Park.
The club meets on a
regular basis for approximately one
hour and is self -funded by
membership dues. For more in-
formation, contact the Southlake
Chamber of Commerce, 481-8200.
NEWS CLIPPING
Source: k,Q re S S Date: i 0 - b
KSB
announces
quarterly
"Trash -Off
Keep Southlake Beautiful
will hold a "Trash -off' on Satur-
day, October 19. This quarterly
event is aimed at keeping the
streets of the city free of trash and
litter.
Those who have already
)signed up to participate, can pick-
up their trash bags at the City Hall
annex.
After filling the bags,
leave them by the street and the
city's trash service will pick them
up.
If you have not volun-
teered to help, you may do so by
calling Tom Sanderlin at 488-
7965.
NEWS CLIPPING
11-Source: (25M p EN i n�_) Sun Date: — 3 I
Timarron
to detail
its plans
By Deborah Kendall
Staff Writer
Southlake —Timarron Land
Corporation will present its plans
for rezoning approximately 550
acres of property along State
Highway 114 to the public to-
morrow at 7:30 p.m. at Johnson
Elementary School Auditorium.
Timarron Land Corp., a sub-
sidiary of Mobil Land Develop-
ment, wants to rezone the prop-
erty — divided into three tracts
— as commercial sites allowing
retail, office, hotel and restau-
rant uses.
"We're proposing a zoning
category that falls within the
City's Land Use Plan that will
allow flexibility to attract high -
quality users to the area," said
Steve Yetts, Timarron Land
Development's regional manager
of development.
The presentation will intro-
duce the zoning plans and will
include slides. After the presen-
tation, Timarron representatives
will open the meeting for ques-
tions.
See TIMARRONP3A
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NEWS CLIPPING
Source: `trA If 1 f' ,I (A rya W I Date: I I )'
Southlake residents, city."!
close gap or
BY LESLIE HUEHOLT
Star -Telegram Staff Writer
SOUTHLAKE — The Parks.
and Recreation Board has reached
a compromise with residents on
plans for Bob Jones Park, including -
the location of soccer fields and the
construction of nature trails.
Members of the board have
spent several months listening to
residents' concerns and have
agreed to. incorporate their ideas
into the 131-acre park. Last night,
the board unanimously approved a
master plan that appears to please
most residents.
..I appreciate the changes you've
made," resident Bill Moore said. "I
think it's something we can all live
with, grow with and be proud of."
Residents had various concerns
about the park, including the pro-
posed location of soccer fields near
homes on Bob Jones Road and
North White Chapel Boulevard.
Determined to be heard, resi-
dents formed a committee and at-
tended parks board and other com-
munity meetings. They drafted
their own park plans, complete
with architectural drawings, and
submitted them to the city.
Residents also objected to a pro-
posal to build concrete hiking trails
near existing equestrian trails on
U.S. Army Corps of Engineers
property, saying it would be dif-
ficult to keep bicycles and other ve-
hicles off the concrete trails.
The parks board, which has been
working on a site plan since April,.
agreed to move the 13 soccer fields
ƒ
�
7
%
NEWS CLIPPING
II Source: J � C �S I Date: \ o - \\O -Q b 11
Engineers present plan
to improve traffic flow
SOUTHLAKE — An engineer-
ing firm presented a proposal to the
ity Council last night on how to
mprove traffic flow on the often -
;logged Wall Street overpass at
Texas 114.
The proposal calls for changing
the timing on signal lights and
switching the direction of one lane,
creating three westbound lanes and
one eastbound lane on the over-
pass. The change would help move
ABOUT
Northeast
Tarrant
the heavy westbound traffic more
quickly, city officials say.
"The evening traffic right now
will back right up on the travel -
through lanes on 114, which creates
a dangerous situation," Public
Works Director Bob Whitehead
said.
The work is estimated to cost
$295,000, according to engineers
-from Fort Worth -based Barton-
Aschman. Mayor Rick Stacy said
he would ask other cities that use
the overpass to chip.
Grapevine commissioned
Barton-Aschman to study the over-
pass, which carries traffic to South -
lake Boulevard to the west and
Grapevine's Wall Street to the east.
The firm is expected to make for-
mal presentations to the Grapevine
and Southlake city councils within
a month.
Also last night, the City Council:
■ Gave the go-ahead for sev-
eral developments, including a 17-
acre housing subdivision at the
southeast corner of Florence
Road and Pearson Lane.
The addition, which will be
called The Woods, is being devel-
oped by Bryant Real Estate and
will include eight homes on the
Keller-Southlake border.
■ Approved plans for a First
American Savings Banc on Farm
Road 1709 and a 1.7-acre retail
.shopping center southeast of
Bluebonnet Drive and Farm
Road 1709. The shopping center,
to be called Southlake Center,
may include a bagel shop owned
by an undisclosed national chain,
according to developers from -
Royal Properties.
-t.ESLlE HUEHOLT
NEWS CLIPPING
Source: :'� t�ii V' I U. (ATR h� Date:
,Southlake development 4!
plans in holding pattern
1:imarron Corp. wants to meet with neighbors
' BY. LESLIE HUEHOLT
Star -Telegram Staff Writer
SOUTHLAKE — Timarron
Land Corp., which has proposed
developing 531 acres along Texas
114, is expected to postpone a
'meeting with the Planning and
Zoning Commission tonight so it
can take more time to talk with
area residents.
'Action on a proposed assisted -
living center near the northeast cor-
ner of Peytonville Avenue and
Farm Road 1709 will also be post-
poned because the city has not noti-
-fied some adjacent landowners
about the proposal, city officials
said.
The Planning and Zoning
Commission will consider the as-
sisted -living center and the Timar-
ron development at its Nov. 7 meet-
ing, developers said.
Timarron wants to build a corpo-
rate office park that could include a
retail complex, a corporate power
center, hotels, restaurants and
space for high -profile companies
bn property it owns along Texas
114. Timarron is seeking zoning
changes on the land, which is desig-
nated for agricultural uses.
Developers told more than 100
people at a communitywide meet-
ing Monday night that they would
delay their presentation and meet
privately with residents to discuss
concerns voiced during the public
meeting.
Residents want to know what the
proposed Timarron development
will entail and how it will affect
their homes and schools. -
"What they're requesting has
such a wide scope that everyone
would like them to be more specific
and narrow it down to what might
be coming in across from their
houses," said Jan Francis, a repre-
sentative of the Southlake Program
for the Involvement of Neighbor-
hoods, which sponsored Monday's
meeting.
Residents also want to know how
Timarron's plans might change
when Westbrook Partners takes
over most of Mobil Land Develop-
ment Corp.'s properties at the end
of the year. Timarron is a subsid-
iary of Mobil.
"If they had a better understand-
ing of the new company, it would
be better," Francis said.
City council works hard
to upgrade development
by Stephanie Dobson
On Tuesday evening, the City
Council discussed two issues that
will have far-reaching effects on
Southlake and its residents.
Robert Jenkins of Barton-
Aschman Associates, Inc. in Fort
Worth proposed a plan to the
ouncil for re -designing the traf-
fic patterns at the intersection of
State Highway 114 and Farm-to-
Aarket Road 1709.
The plan will be decided on by
)oth the cities of Southlake and
grapevine, although the intersec-
.ion of interest is actually in
iouthlake.
Barton-Aschman Associates
teas conducted a traffic pattern
survey at the intersection during
the rush hour of S to 6 p.m. The
hourly count of vehicles turning
west from the frontage road off
SH 114 West and onto the FM
1709 bridge over the highway
was 815. Those vehicles heading
west on FM 1709 from the bridge
numbered 1,179.
The delay times for vehicles to
begin moving were measured at
45 seconds for those on thewest-
bound frontage road and 78 sec-
onds for those traveling south on
Park Boulevard. The maximum
line length was 47 vehicles per
lane on the westbound frontage
road.
Jenkins suggested re -striping
the bridge and the eastbound FM
1709 route from the present four.
lanes to include a left turn -lane.
Re -setting the timing on the traf-
fic signals was also given as an
improvement alternative.
As far as the traffic build-up
that occurs on the exit ramp of SH
114 West at FM 1709, Jenkins
mentioned widening the ramp to
include another lane, thus mak-
ing a two-lane exit ramp which
would feed west onto FM 1709.
The question was raised about
whether there had been a survey
conducted during the morning
rush hour.
Jenkins replied that there had
not been one as of yet, but that
there were plans to conduct one.
However, there were projected
estimates on the traffic patterns
between the times of 7 and 9 a.m.
The delay times for vehicles on
the frontage road was 41 seconds'
and headed south on Park Boule-
vard, the delay time was 45.8 sec-
onds.
The issue of another shopping
center was also discussed. Randy
Perry of Southlake Kimball Ven-
ture Ltd. came seeking approval
of the site plan for the Southlake
Center at Kimball.
The center will be a one -level,
1,400-square foot, multitenant
building with six to eight tenants
when fully occupied. It will be
located on the south side of the
(see "Council, "page 4)
H
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NEWS CLIPPING
11 Source: `, I Q Y _Tf- )l fa ra M I Date: 10 ', )-. )11
Partnership cities draft-*.',
legislative game plan
Wine sales, highway funding top list
BY LESLIE HUEHOLT
Star -Telegram Staff Writer
SOUTHLAKE — Allowing
elections on grocery wine sales in
Southlake, Trophy Club and other
cities situated in more than one
county is one issue members of
Metroport Cities Partnership want
to take to the Texas Legislature.
The partnership agreed yester-
day to push for laws concerning
grocery wine sales elections, as well
as city annexation rights, highway
funding and other hot topics.
"I'll drink to that. I think that's a
good idea," joked Trophy Club
Mayor Jim Carter, who led. the
monthly Metroport Cities Partner-
ship meeting at Southlake City
Hall.
The group unanimously ap-
proved a "legislative agenda,"
which includes 14 pages of issues it
wants addressed in the 75th Legis-
lature. Grapevine has a paid lobby-
ist, former state Sen. Bob McFar-
land, who is expected to keep the
(More on CITIES on Page 4)
O'J � —00*
City Council Action
for October 15
The Southlake Citv Council
meeting in regular ses ..., October
15 took action on the following
items.
- Authorized the Mayor to ex-
ecute a contract for Water Ground
Storage Pump Station No. 1 (W.
Southlake Blvd. at Pearson Lane)
to construct on -site piping and
appurtance; pumping support
structure; install pumps; electrical
control building; disinfection build-
ing; driveway and parking lot.
• Authorized the Mayor to ex-
ecute a contract for Water Ground
Storage Pump Station No.1 to con-
struct off -site sanitary sewer and
water mains.
- Authorized the Mayor to ex-
ecute a contract for installation of a
20-inch Water Main along E.
Southlake Blvd. from S. White
Chapel to Miron Drive.
• Authorized the Mayor to enter
into an agreement with Public Man-
agement Associates for Citizen Sur-
vey and Business Survey.
• Awarded a bid for janitorial
services.
- Approved of a petition to
modify Plat Restrictions for Lots 5
and 6, Block 3, Cimmarron Acres.
• Approved a resolution declar-
ing a 90 day moratorium on the is-
suance of permits for readerboard
signs.
- Authorized the Mayor to enter
into a contract addendum with Pepsi
to provide three additional
scoreboards at Bicentennial Park.
- Approved a resolution ap-
pointing members to the Building
Board of Appeals.
• Approved a Central Regional
Wastewater and Denton Creek Re-
gional Wastewater Systems First
Amendment -Interim Diversion
Agreement.
• Approved a Preliminary Plat
and the second reading of a rezon-
ing from Agricultural to Single Fam-
ily -IA for 17.082 acres located on
the southeast corner of the inter-
section of Florence Road and
Pearson Lane, applied for by Bryant
Real Estate and owned by V.T.
Cross.
- Approved a Site Plan for First
American Savings Banc Addition
on 0.971 acres on the north side of
W. Southlake Blvd. (FM 1709) ap-
proximately 750 feet west of the in-
tersection of N. White Chapel and
FM 1709, currently zoned S-P-2 Gen-
eralized Site Plan, applied for by
Terry Wilkinson and owned by First
American Savings Banc, S:S.B.,
Shareholder's Trust. , I '.l
• Approved a Preliminary Plat or
First American Savings Banc Ad-
dition on 3.83 acres on the north
side of W. Southlake Blvd. (FM
1709) approximately 750 feet west
of the intersection of N. White
Chapel and FM 1709, currently
zoned S-P-2 Generalized Site Plan,
applied for by Terry Wilkinson and
owned by First American Savings
Banc, S.S.B., Shareholder's Trust.
• Tabled a Site Plan for the
Southlake Center at Kimball on
1.17136 acres on the south side of
the intersection of Bluebonnet
Drive and E. Southlake Blvd., cur-
rently zoned Commercial-3, owned
by Southlake Kimball Venture Ltd.
• Approved the first reading of
a Site Plan and Rezoning from Com-
mercial-2 to Community Service for
3.331 acres located on the north side
of Southlake Blvd. approximately
200 feet east of the intersection of
Pearson and Southlake Blvd.,
owned by City of Southlake.
- Approved the first reading of
a Rezoning from Commercial-2 to
Single Family -IA for 7.039 acres lo-
cated on the southeast corner of the
intersection of Jordan Drive and
Pearson Lane, owned by the City
of Southlake.
• Approved a Plat Revision of
14.957 acres located on the north-
east corner of Pearson Lane and
Southlake Blvd., currently zoned
Commercial-2, owned by the City of
Southlake.
• Approved Developer Agree-
ment for Tunarcon Village "F', Phase
I, being south of E. Southlake Blvd.
and being north of and adjacent to
Timarron Addition, Brenwyck,
Phase 2.
• Approved Commerrcial Devel-
oper Agreement for Georgetown
Park Addition, Lot 1, being south
of E. Southlake Blvd. and 700 feet
east of the intersection of S. Kimball
Ave. and E. Southlake Blvd.
• Approved FY 1996-97 Budget
items relating to issuance of 1996
97 Contract Obligations and Certifi-
cates of Obligation.
• Approved request for variance
to the sign ordinance for Bank of
America sign in Village Center,
Phase I.
y
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NEWS CLIPPING
II Source: M o i r n. tf I l al f h l (µ I Date: j,/) -12 I
Harvest Fest And
Carnival Planned
Spine tingling thrills and good
old fashioned fun awaits families the
weekend before Halloween at
Southlake Harvest Fest & Carnival.
Hosted by the Southlake Parks and
Recreation Department, the Harvest
Fest offers low cost family fun.
Children can come in their Hal-
loween outfits to compete in the
contest for spookiest, cutest, most
creative, and funniest costume.
The Great Pumpkin will be on hand
to pose for pictures: Families can
wind their way through the Giant
Maze, cuddle the animals at the pet-
ting zoo, climb through the House
of Balls or the Spacewalk, or visit
carnival game booths.
For the more adventurous, a
cast of gruesome creatures lurk
awaiting in the Creepy Hollow Man-
sion, the haunted house. It's sure
to cause the hair to stand on end.
Or, take a hay ride to Creepy Hol-
low. Those who dare to walk the
path that snakes through the woods
will hear spooky stories from some
of the finest storytellers in Tarrant
County. Each evening will conclude
with a chilling ghost story telling
concert. Bring blankets or lawn
chairs for seating. A special tour of
the haunted house for ages three
and under will be held on both
nights from 6-7 p.m.
The entertainment will be fea-
tured on the grounds of Durham
Elementary School from 6-10 on
Saturday and from 6-9 on Sunday.
Games and events range from a.
quarter to $2. For more information
please call the Parks and Recreation
officeat481-5581 ext.756. 1 .
Mp�'g
F- f+ p lam+ 'g ►M'• o iR
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NEWS CLIPPING
Source: ,�) � ,- �" � � � L(j,'( I Date: I
Carroll High studei
suspended for holdin
racial sign at game
BY YAMIL BERARD
AND RICK HERRIN
Star'rclegram Staff Writers
A Carroll High School student was suspend Id
from classes last week after holding up a sign at t e
Grapevine High School football game with w t
school officials said was a racial slur. I
The incident followed at least one other ra -
related incident in which three cars parked outsi e
Carroll High School were vandalized with the sa e
slur in shoe polish,. Superintendent Ted Gillum sd
yesterday.
Gillum said the incidents were isolated and do trot
reflect the attitudes of all Carroll High School stu-
dents. No other racial incidents have occurred, he
said.
(More on INCIDENTS on Page 8)
NEWS CLIPPING
Police, fire careers intertwine
Some AE Tarrant cities merge depart rnents, save money
BY BRYON OKADA
Special to the Star -Telegram
Last summer, Steve Caudle's job
put him at the heart of an exploding
room.
A petroleum fire in the garage of
a Watauga home was spreading
while Caudle and his fellow fire-
fighters were inside the house.
"Everything in the living room
got to an ignition point and
flashed," Caudle said. "It's an ex-
plosion. Everything in the room
just ignites. You want to know
which fire is the scariest? Probably
that one."
Most of the time, however, Cau-
dle's work puts him in another kind
of danger. "Last week, I arrested
some burglary suspects," he said.
Caudle chased them by car and
on foot after they bailed out of
their car, then drew his gun during
the arrest.
"I guess in both careers, I've ex-
perienced some excitable things,"
Caudle said.
Caudle is pursuing fire and po-
lice careers simultaneously as a
member of the Watauga Depart
ment of Public Safety, which cross= `
trains its officers in police work and
fire protection.
In a cost-cutting move, Trophy
Club will switch to a Department of
Public Safety by September 1997,
and the initial plan includes cross -
training all officers, town officials;
(More on MERGE on Page 5)
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NEWS CLIPPING
I� Source: Date: 3 �I
1
E D I T O R I A L S
Cross. -Training
It's great that Northeast Tarrant County cities are finding ways
to save money by sharing some duties among police and firefight-
ers. It's a very bad idea to send anyone but. a fully trained, full-
time professional firefighter into a burning building. Nobody
wants to endanger lives to save money.
Watauga and Southlake are being joined by Trophy Club in
uniting their fire and police departments into departments of pub-
lic safety. And Bedford has appointed Police Chief Jim Simpson
as director of public safety to oversee both fire and police,
although those two departments will remain separate.
The cities that are cross -training fire and police officers say
they are looking for ways to eliminate duplication of efforts and
gain flexibility. They say their consolidated departments achieve
cost savings without layoffs.
To be certified by the state for DPS duty, police officers must
have three months of fire academy training as well as 20 hours of
supplemental training each year.
To us, that training seems sufficient to make a police officer a
good helper at a fire scene, but not to take on the full duties of a
firefighter. Fighting fires, like any other occupation, at critical
times requires instinct honed by full-time experience. It's the
instinct that tells you when to back away from a burning building
before you get hurt.
We're also concerned that when a police officer is fighting a
fire, no one is minding the police beat.
We know our cities are under tremendous pressure to save
money. We suspect, though, that as they grow, consolidated police
and fire departments will be something they will grow out of, not
into.
NEWS CLIPPING
I Source: i ,t �� �( 1 C I GI i'�� I�Y1 I Date: �I
to gin(
. •' to benefit
1� gic penmes,
Carroll
pupils., teachers
BY YAMIL BERARD
Star -Telegram Staff Writer
SIQFJ'KjiLAKE — For three
rnbnthiP, customers of Magic Mike's
Texaeo,have been pumping their
penriieg Info a gigantic piggy bank.
Ar'7 C� A.m. today, this safe de-
posit _`;-,with money collected for
the Ca�rolf Education Foundation
— will be cracked open at a break-
fast at the Marriott Solana.
The, gathering will honor the
more than 175 Carroll school dis-
trict supporters who contributed to
the foundation's first fund drive.
The donation total is being kept se-
cret until the breakfast, which is ex-
pected to attract more than 200
people, including Carroll Superin-
tendent Ted Gillum and board
President Buddy Luce.
"All I can say is that our goal was
to raise $25,000 in the three-month
(More on CARROLL on Page 4)
a
NEWS CLIPPING
Source: QU ak'u Date: 0 aL4
Parent complains
about punishment
student received
By Hollyriter Jo Umay
Staff W
Southlake - A parent com-
plained this week that Carroll
High School officials were not
severe enough in their punish-
ment of a student accused of
holding up a poster bearing a
racial slur at a recent football
game.
The sophomore was suspended
from extracurricular activities
after he was found holding the
poster, bearing the hand -
scrawled letters `TANHO" at the
Oct.12 Carroll -Grapevine High
School game at Pennington Field
in Bedford. Carroll officials
confiscated the poster because
they said the letters represented
a racial slur.
"The penalties that they gave
that student was basically a slap
on the wrist. The principals
should have responded more
responsibly," Judith Smallwood,
the complaining parent, said.
"This boy mentally hurt all the
African -American students and
all the ethnic students in the
community."
SMALLWOOD, WHO is Af-
rican -American, said she repre-
sents a group of parents who are
requesting a public forum to
openly discuss racial issues.
Carroll officials later said the
game was not the first time the
poster's message had been dis-
played. The day before the big
game, CHS Principal Linda
Smiles said, three students were
See PARENT/2A
NEWS CLIPPING
Source:Swx-)
Date: 1 6t i
`Make a Difference Day' slated
hy Southlake community groups
Staff Report
Southlake — Local residents are invited to
rescue a native plant byjoining their neighbors at
the Lodge at Bicentennial Park at 10 a.m. Satur-
day.
The Southlake Youth Action Committee, Keep
Southlake Beautiful and CISD are coordinating a
community -wide work day in conjunction with
Make a Difference Day.
Make a Difference Day is nationally recognized
and designed to improve communities across the
nation through volunteering.
The idea is to save some plants and money, said
Suzanne Tuttel, a member of the board of direc-
tors of Keep Southlake Beautiful.
"We will move plant material; from areas that
are being cleared to public areas, like Bicenten-
nial Park or the schools in Southlake," said Tut-
tel. "We want to save native plant material be-
cause we are losing a lot."
The native plant rescue will consist of digging
up native plants on sites that will be developed
and transplanting them to nature sites.
"We will most likely move plants such as red -
buds, Mexican plum and the rough -leaved dog-
wood," added Tuttel. "These plants are native to
the woods in Southlake.
"As far as grasses, it depends on what site and
what is there."
If you are interested in volunteering, please
call Coy Gray, volunteer coordinator at 481-5581
ext. 806.
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NEWS CLIPPING
II Source: /� � w S f Ti In t5 I Date: 10 " / J II
Chamber honors local resident with tree
News and Times
The Southlake Chamber of
Commerce proudly donated a tree
and a plaque to Ada Elizabeth
"Lizzie" Day Higgins as the long-
est known Southlake resident.
The presentation was held Sun-
day, Sept. 29, at Southlake's 40th
birthday celebration held at Bi-
centennial Park. Mayor Rick
Stacy introduced Higgins and
Kosse Maykus, president of the
Southlake Chamber of Com-
merce, made the presentation
Higgins was born Oct. 10,
1901. She came to Dove in 1911
with her family. Her father, Will
Day, was a preacher at Lonesome
Dove Church for about 35 years.
Lizzie married Earl Thomas
Higgins in 1920, when she was
19 years old and moved to Grape-
vine for five years. They had a
daughter, Frances Higgins
Hogue, born April 7, 1921, and a l
son, Weldon Thomas Higgins, .
born April 21, 1923. They re-
turned to Southlake in 1925 and
moved into a house in the Lone -
(see "Donation, "page 3)
NEWS CLIPPING
Source: 1�'I'G1 K ITI co 0 M I Date: I
Smoke forces evacuation of Southlake school i
Star -Telegram
Ave.
SOUTHLAKE — Smoke from
Firefighters from Southlake;'
an electrical short in a heating unit
Grapevine, Trophy Club and
caused firefighters to evacuate
Keller responded to the call, but
about 500 students from Carroll In-
the short did not ignite a blaze, Aul
termediate School yesterday morn-
thorities said.
ing; but no injuries were reported.
Students returned to their classes
about two hours after they were
Officials reported smoke in a
evacuated, authorities said. i
classroom about 8:30 a.m. yester-
The electrical short caused about
day at the school, 1-161 N. Carroll
$100 damage, fire officials said.';
NEWS CLIPPING
Source: C)\-AAA1 kCALC �P)rD(q �-f- S S I Date: I D - 6-4b II
Watch your speed, they are
Here the traffic trailer is set up along Highway 114 monitoring the speed of passing motorists.
The Southlake Department
of Public Safety is now using a ra-
dar trailer to monitor the speed of
traffic. Perhaps you've seen it set
up in a school zone or along a busy
thoroughfare. But, wherever it is,
it's tracking your speed.
At present the DPS is not
using the device to catch and cite
speeders. But, according to Robert
Finn of the DPS. "we will, from
time -to -time, station an officer
behind the trailer who will also be
monitoring speeds to stop violators
and issue citations."
The radar trailer has two
primary uses. The first is to make
drivers aware of posted speed lim-
its and show their actual speed
through a given zone. The second
is to help with traffic surveys.
The trailer is capable of
recording the number of cars that
pass, what time of day they pass, as
well as the speed at which they
puss. "This helps us greatly in
assigning when and where traffic
officers need to be placed," said
Finn.
"Residents and parents
often complain about speeding in a
neighborhood or school Lune.
They will tell the DPS it happens
between, say, 8:00 a.m. and 10:00
a.m. With the trailer we may find
that the most offenses occur be-
tween 8:45 a.m. and 9:30 a.m.
With this information we are better
able to make optimum use of our
personnel by stationing an officer
there during that time period,"
remarked Finn.
The trailer is also able to
photograph speeding vehicles, but
due to the fact that these photos do
not snake good evidence , the DPS
does not use that capability. But
don't let that fact lull you into a
false sense of security. As Officer
Finn reiterated, "don't take the
trailer lightly, we might have a
traffic officer right behind it."
NEWS CLIPPING
I Source: S outh VCA <� Y Y-0Q yt-,:s S I Date: 1 0- (EYJ I
1996-1997 budget approved by council
Progress report
On September 3, 1996, the
City Council approved the
operating budget for fiscal year
1996-1997. The new budget took
Oc be 1 d includes
effect on to r an
the general fund, debt service fund,
utility fund, parks and recreation
fund and Southlake Parks
Development Corporation. This is
a continuing budget for all services
presently provided by the city, plus
all new programs the council has
approved.
Every department within
the City is reviewed annually for
necessary revision of budgetary
requirements. This is done to
maximize efficiency of operation.
This year's operating
budget was increased about 10.8%
from $17.4 million for fiscal year
1995-1996 to S19.3 million for this
fiscal year. The increase is
primarily the result of the addition
of nineteen city employees, ten of
which are police, fire and safety
related positions. This will raise
the number of full time city
employees to 167.
The Capital Projects
Budget, which funds infrastructure
construction and maintenance was
set at $17.9 million. This funding
covers projects that may carry over
into future fiscal years. Of the
S17.9 million allocated, $12.6
million is for water and sewer
projects and S52 million is for
streets and drainage projects. The
biggest part of this work is
designated as neighborhood
improvements.
The best news of all is that
the Council voted not to increase
the tax rate, keeping it at $0.422
per $100 of assessed value.
According to the city, this is the
sixth consecutive year without a tax
rate increase. There is also no
proposed increase in water or sewer
rates.
Tax Rate and Net Taxable Value
$0.50 Rate per $100 value Millions $1 400
'" $1,200
$0.40
$1,000
$0.30 ,rry'' $800
$600
$0.20
$400
$0.10 $200
$0.00 $0
FY92 FY93 FY94 FY95 FY96 FY97
+- Net taxable value =Tax Rate
Total Expenditures
FY1996-97 Operating Budget
Operations
37 3 %
Personnel
34.8%
Capital
9.9% Debt Servioe
15.0%
Total Expenditures - $19.318.090
Total Revenues
FY1996-97 Operating Budget
Saks Tax
Franchise Fees 14.8%
3.4%
Utility Fees
33 1 %
Total Revenues - $18.664.792
Other
Permits/Fees 6.0%
12.6%
Propetty Taxes
30 0%
NEWS CLIPPING
Source: -j T �'Y1
Date:
SPIN focuses on
proposed
planned -unit district concept
by Stephanie Dobson dependent School District be the
Approximately 50 citizens of tallest and most central building.
Southlake attended the citywide
"It is the most natural ingredi-
SPIN meeting on Wednesday, ent to creating a smalltown down -
Oct. 16, in the auditorium of , town," said Stebbins.
Johnson Elementary School. The As for the look of the possible
topic of interest was the proposed
city hall, it would be rather for -
planned -unit development district
mal and would measure four sto-
concept presented by Rialto De-
ries in height. It would be sur-
velopment for Southlake Town
rounded Qn three sides by retail
Center.
centers, with the area directly
The 130-acre development will
south of it being two of the four
be located between State High-
park areas.
way 114 and Farm -To -Market
The buildings farthest south
Road 1709, with Carroll Avenue
and on either side would be one
on the west and Home Depot on
story; those directly to the east
the east. The center is the largest
and west of the city hall would
area already zoned C-3—general
measure two stories. The struc- i
ture directly to the north would
commercial district.
Rialto plans to use 100 acres of
be three stories.
"This design is meant to look
the site for the actual town cen-
ter, with the other 30 acres possi-
involved, but no building will be
bly being a single-family residen-
over four stories in height,"
tial development. The primary
entrances to the town center will
Stebbins said.
The idea of a new city hall is
be along SH 114 and FM 1709.
also being jointly developed by a
The development is proposed -
number of city -appointed com-
as the future downtown portion
mittees whose plan is structured
14 acres 'of city -owned
of Southlake, as a wide variety of
around
features draw the residents of the
land. The City Council is not ex -
city and surrounding communi-
ties. Brian Stebbins, president of
pected to hear a formal presenta-
tion of the plan until next month.
Rialto Development, spoke of
Rialto plans include numerous
buildings, but the park areas look over
retail shops, restaurants, enter-
tainment areas, parks, offices and
to be major attractions to the area.
possibly horse -and -carriage rides.
The park located directly in front
the city hall building, which
One interesting aspect of the
of
plan is the focal point of the de-
Stebbins call the "town center,"
velopment. Stebbins proposed
would include a fountain in the
that a joint City Hall and admin-
middle of it. It would be the most
(see "Meeting, "page 3)
istration office for the Carroll In-
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NEWS CLIPPING
Source: S .e ` �C� k'�%I Date:
Dave Lieber
Carroll leaders
too lenient in
racial incident
j ong after Michael Smallwood
for',gets the score of the
Carroll -Grapevine high school
football game, the Carroll junior
will probably remember what
happened five rows in front of him.
-A Carroll sophomore waved a
sign with an ugly racial epithet.
- T.A.N.H.O.
Tear a (deleted's) Head Off.
•His white friends sitting around
him, perhaps trying to protect
Smallwood, an African -American,
at first refused to tell him what the
initials stand for.
In the second half, Smallwood
watched Carroll High Principal
Linda Smiles confiscate the
sophomore's sign. She did not eject
the sign -holder from the game.
Smallwood's friends then told
him about the meaning behind the
sign, which had belonged to
someone he considered a friend.
"My own school was doing this,"
Smallwood said. "And they know I
go to this school, and they know
that I'm sitting behind them. My
own friends. But I don't consider
them friends anymore. They were
guys that I hung out with
Smallwood said he left the game.
Carroll officials said the racist
sign was one incident, not part of a
(More on LIEBER on Page 5)
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NEWS CLIPPING
II Source: S +0 r Te) e O 'K0 m I Date: < <i � �� II
Doctor arrested on bigamy
BY DOMINCO RAMIREZ JR.
Star -Telegram Stall Writer
SOUTHLAKE — A physician
and a former patient surrendered
to Tarrant County authorities yes-
terday after arrest warrants were is-
sued for the couple on suspicion of
bigamy, police said.
John Locke, a doctor of internal
medicine who had lived in South -
lake, and Shari J. Rollins, formerly
of Watauga, were released on $500
bail each yesterday after they sur-
rendered to Tarrant County Sheriff
Department deputies, said Sgt.
Charlie Ward of the Southlake De-.
partment of Public Safety.
Locke and Rollins are accused of
getting married last summer while
they were married to other people.
They are expected to be charged
this week, Ward said.
Rollins and Locke, who no long-
er live in Northeast Tarrant Coun-
ty, could not be reached yesterday
to comment.
If convicted, they each face a
maximum of a year in jail and a
$4,000 fine on the Class A -misde-
meanor.
"Both had knowledge that they
were legally married to their spous-
es, but they went ahead and got
married," Ward said.
Locke and Rollins planned to di-
vorce their spouses, authorities
said, but the papers were not final.
Detectives were alerted to the
case in August when Southlake De-
partment of Public Safety officers
were called to a domestic distur-
bance on Texas 114.
Locke and Rollins were drillg
on Texas 114 when they "-had
stopped a pickup driven by Locl�!s
wife, Southlake DPS officials�44.
Locke demanded some personal
items from the truck, and his wife
searched for them, police said.
"As she went through the�tr„uck,
she found John Locke and,'Sha{i
Rollins' marriage license," Witd
said.
The marriage license show`.ed
that Locke and Rollins were.mpr-
ried July 9 in Tarrant County.
Locke and his wife, who, had
been a nurse in his office,,w9re
married in May 1991 in Rawaii,
court records show. Rollins and her
husband had been married' since
1984, court records show.
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NEWS CLIPPING
11 Source: Star T-e I -e nyQ rn I Date: I lO " � 6_1I
Keller ponders plan to offer:,
tax abatements, incentives'.'..
BY DAVE NELSON
Star -Telegram Staff Writer
KELLER — Tired of losing
plum industrial developments to
its neighbors, Keller is studying
an economic incentive plan that
uses tax abatements to lure busi-
ness and industry to the city.
Keller Economic Development
Board is proposing an incentive
package that would allow certain
new businesses and some existing
ones to waive up to 50 percent in
taxes for a five-year period, with
the abatements declining 10 per-
cent each year. The plan would
also offer businesses other tax
incentives, including tax incre-
ment finaWing districts and for-
.,
C
eign investment zones.
Woody Mitchell, director of
economic development, has told
City Council members that Keller
lost out on several industrial
developments because it did not
offer incentives. If the city wants
to be a player in the fiercely com-
petitive race for development, be
said, it needs tax abatements in its
arsenal.
"We are in a highly competi-
tive field in economic develop-
ment, and our competitors are
very aggressive with incentives,"
Mitchell said. "We do not have an
incentive package. So,. we have to
come up with some incentives
(More snABATE on Page 4)
it � A
NEWS CLIPPLNG
Source: 'J Aa Y e � w yG v)') I Date: 10- _J O -1I
Keller district to buy hand
in Southlake for
BY BILL BOWEN
Star -Telegram Staff writer
The Keller school district has
agreed to purchase a 30-acre tract
of land in the southwestern corner
of Southlake for a future school.
The district will pay $738,825,
$25,000 an acre, for the parcel at
2271 Union Church Road. The
tract is on the north side of Union
Church between Davis Boulevard
and Pearson Road. A slim arm of
the 29.553-acre tract extends to
Southlake Boulevard for access.
The entrance will be at Jellico West
Circle and Southlake Boulevard
(Farm Road-1709).
Money from the purchase comes
from a bond issue voters approved
last year. The site will probably be
new school
home to more than one campus,
and will likely include an elemen-
tary school and maybe an interme-
diate or middle school, although
plans have not been finalized,
board members said.
"Land isn't getting any cheaper
and there isn't any more becoming
-available," Trustee John Birt said
yesterday.
The tract is owned by Douglas
and Hazel Beavers.
In other action in Monday
night's meeting. the board agreed
to pay $152,320 for 80 laptop com-
puters for teachers, although the
bulk of $1 million in technology
funding remains frozen by the
board pending a review of the dis-
trict's computer equipment and in.
structional and technology needs.
NEWS CLIPPING
I Source: Y �,\`CC�Y01Y`(1 Date:
Southlake rethinks plan. -
to widen several streets
BY LESLIE HU EHOLT
Star -Telegram Staff writer
SOUTHLAKE — The city is re-
sponding to residents' pleas to pre-
serve certain tree -lined country
lanes by downsizing about.a dozen
roads in its master thoroughfare
plan.
When it was updated in 1,991, the
plan showed a mass of four- and
five -lane roads throughout the city.
But after reviewing traffic projec-
tions and listening to residents'
concerns, officials have decided
that smaller and more intimate is
better — for now.
Today's master thoroughfare
plan suggests keeping many key
roadways to two lanes.
"In 1991, city officials were very
aggressive with the size of roads,
and they heard a lot of comment
from people_ in the community say-
ing, `Do what you can to avoid that.
We like straight and narrow streets
with trees along them,' " said resi-
dent David Baltimore, who helped
(More on SOUTHLAKE on Page 6)
GVer -t
NEWS CLIPPING
ISource: 's to, Y a Y-n Date:
_A Good Meeting
Carroll school district residents and administrators came
together Saturday for a heart-to-heart discussion of a student's use
of a racial slur at a football game. This was a meeting that had to
happen — it wasn't an easy thing to do, but we applaud those
who took part in the spirit of healing the wounds caused by the
student's conduct.
The meeting with about a dozen African -American residents of
the Carroll district was held at the urging of Bettye Thorpe,
mother of a Carroll High School student, and Buddy Luce, presi-
dent of the Carroll school board. Also instrumental were school
board member Rob Glover, Superintendent Ted Gillum and Car-
roll High parent Ann Farrish. All deserve to be recognized for
their leadership.
The incident that sparked fears of racial division occurred Oct.
12 at Carroll's football game against Grapevine High School. A
student held up a sign with what school officials described as a
racial slur. Carroll officials confiscated the sign. The next week
they disciplined the student by assigning him to three after -school
detention periods and banning him from extracurricular activities
for two weeks.
-Some African -American parent s in the district were angry
about the incident and what they saw as lenient disciplinary
actions. Gillum initially declined to meet with the parents as a
group, inviting them to meet individually with him instead.
Gillum describes Saturday's meeting on the issue as "very pro-
ductive," one in which both sides expressed their intolerance for
this kind of behavior. He says he will now reinforce that state-
ment to all school district employees and "make it real clear that
the district will not stand for this."
Right on.
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City of Southlake, Texas
STAFF REPORT
November 1, 1996
CASE NO: ZA 96-129 PROJECT: Plat Vacation / Lots 1, 2, and 3 Spring Creek Acres
STAFF CONTACT: Tom Elgin, Planner II, 481-5581, ext. 753 -
Dennis Killough, Planner I, 481-5581, ext. 787
REQUESTED ACTION: Plat Vacation of property legally described as Lots 1, 2, and 3 Spring
Creek Acres, being approximately 6.947 acres situated in the Obediah W.
Knight Survey, Abstract No. 899, as recorded in Volume 388-202, Page
74,P.R.T.C.T.
LOCATION: On Pine Court East, being approximately 230' east of the intersection of
Pine Court East and Pine Drive
OWNERS: Timarron Land Corporation and Keith Frezza
APPLICANT: Timarron Land Corporation
CURRENT ZONING: "SF-lA" Single Family Residential District and "PUD" Planned Unit
Development District, being P.U.D. No. 1, Timarron
LAND USE CATEGORY: Low Density Residential (may include limited low intensity office and/or
retail uses)
NO. NOTICES SENT: None required, however, letters were sent in error
RESPONSES: One response was received within the 200' notification area:
• John & Brenda Ruhl, 113 Killdeer Court, Southlake, undecided. "I
am undecided about the request for the following reasons: "need
additional information."
P & Z ACTION:
October 17, 1996; Approved (5-0).
STAFF COMMENTS: Attached is the application for the Plat Vacation of Lots 1, 2, and 3 of
Spring Creek Acres Addition. Please note that this plat must be vacated
prior to the filing of the Final Plat for Timarron Village "I" Phase I.
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� iIlls
CITY OF SOUTHLAKE
Vacation of Plat
Date: October 17, 1996
WHEREAS, Timarron Land Corporation and Keith Freeze being the owners of all land included in the plat entitled Lots 1.2. and
3, Spring Creek Acres Addition filed for record in Volume 388-202, Page 74, of the Plat Records. Tarrant County. Texas, according
to the deeds recorded in Volume 6161, Page 85, and Volume 6437 Page 931 Deed Records Tarrant County Texas do hereby declare
said plat to be vacated, and do request the Planning and Zoning Commission of the City of Southlake to approve said vacation.
WITNESS MY HAND at Southlake, Tarrant County, Texas, this the day of m 1996.
Steve Yetts, Timarron Land Corporation
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared Steve Yetts, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein
ed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1996.
Notary Public in and for the State of Texas
WITNESS MY HAND at Southlake, Tarrant County, Texas, this the day of .1996.
M
Keith Freeza
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared Keith Freeza, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein
expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 1996.
kw ?ublic in and for the State of Texas
Page 1 of 4
5A 5
DVED BY City of Southlake, day of
Joe Wright
Chairman, Planning & Zoning Commission, City of Southlake
Owners:
Timarron Land Corporation
7950 Elmbrook, Suite 250
Dallas, Texas 75247
1996.
Keith Freeza
1713 Arbor Mill Circle, Apt. 1412
Bedford, Texas 76021
Page 2 of 4
5A-b
Return To:
City Secretary
City of Southlake
667 N. Carroll Avenue
Southlake, Texas 76092
CITY OF SOUTHLAKE
Certificate of Approval
We, the undersigned, as duly authorized representatives of the following franchise utility companies, hereby express no objection to the
vacation of the plat (and subsequent utility easements and rights -of -way contained within) as shown on the attached exhibit. This plat to
be vacated was previously recorded in Volume 388-202, Pape 74 of the Plat Records. Tarrant County. Texas.
T.U. Electric, Inc.
Signed:
Printed Name:
Title:
Date:
Tri-County Electric Co-operative, Inc.
Signed: Date:
Printed Name:
Title:
Southwest, Inc.
Si red -
Printed Name:
Title:
Date:
Lone Star Gas Company
Signed: Date:
Printed Name:
Title:
Harron Cablevision
Signed:
Printed Name:
Title:
Date:
Southwestern Bell Telephone
Signed: Date:
Printed Name:
Title:
Sammons Communication, Inc.
Signed: Date: _
Printed Name:
Title:
Page 3 of 4
5A -`7
A
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SM44
CIFEK ZKS -fl.s
CITY OF SOUTHLAKE
Exhibit 'A'
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6111
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Page 4 of 4
5A- 8
11
I '.
City of Southlake, Texas
October 31, 1996
TO: Curtis E. Hawk, City Manager
FROM: Kim Lenoir, Director of Parks and Recreation
RE: Authorization to Bid Replacement Fences at Bicentennial Park
As you know, the chainlink fencing on the older ballfields at Bicentennial Park need to be replaced.
The cost is estimated to exceed $15,000 so the City must publicly bid the project and have City
Council authorization to purchase the fencing and installation. Our goal is to have the fences
replaced by January, in time for the Carroll High School freshman, junior varsity and varsity softball
teams to begin their first season. This is the first time CISD has used City facilities as part of our
Joint -use Agreement.
Please put an item on the November 5, City Council agenda for City Council authorization to bid
replacement fences at Bicentennial Park.
If you have any questions please call me at 481-5581 extension 757.
"eAv'_
KML
City of Southlake, Texas
November 1, 1996
TO: Curtis E. Hawk, City Manager
FROM: Billy Campbell, Director of Public Safety
SUBJECT: Denton County Cooperative Purchasing Agreement
Attached is the Cooperative Purchasing Agreement for the 1996-1997 fiscal year that Denton County
offers to governmental entities within the county. The contract allows the entities to take advantage
of cost benefits associated with large volume purchases. All contracts follow State law regarding
bidding procedures and due to the volume of purchases, Southlake can benefit with considerable cost
savings by participating in this Agreement in the 1996-1997 fiscal year. This Agreement is a renewal
of the same contract previously passed by Council for the 1995-1996 fiscal year.
I am requesting that we renew this Cooperative Purchasing Agreement with Denton County and that
it be placed on Council's Agenda as a Consent item.
6. ,,
BC/bls
attachment
ORIGINAL
COOPERATIVE PURCHASING AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT is made on the day of , 1996, between
, State of Texas, and the County of Denton, Texas, each referred to herein
as participating governments.
WHEREAS, the respective participating governments are authorized by the Interlocal
Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and
agreements for the performance of governmental functions and services including administrative
functions normally associated with the operation of government such as purchasing of necessary
materials and supplies;
WHEREAS, it is the desire of the aforesaid participating governments to comply with
and further the policies and purposes of the Interlocal Cooperation Act;
WHEREAS, the participating governments cannot normally obtain the best possible
purchase price for materials and supplies acting individually and without cooperation; and
WIr�EREAS, it is deemed in the best interest of all participating governments that said
governments do enter into a muwally satisfactory agreement for the purchase of certain materials
and supplies for the Denton County fiscal year 1996-1997.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and
conditions contained herein and pursuant to the authority permitted under the Interlocal Cooperation
Act, promise and agree as follows:
I.
Purpose
The purpose of this Agreement is to authorize participation of
in various Denton County contracts for the purchase of various goods and services.
Participation in this cooperative program will be highly beneficial to the taxpayers of the
governmental entity through anticipated savings to be realized.
II.
Duration of Agreement
This Agreement shall become effective on , 1996 and, unless
enninated earlier, remain in effect until September 30, 1997. By mutual agreement of the parties,
.iis Agreement is renewable for additional one-year terms. Termination by either party shall be
upon thirty (30) days' written notice to the other party.
—C—Z
III.
Relationship of Parties
It is agreed that the governmental entity, in receiving products and/or services specified
in this agreement, shall act as an independent purchaser and shall have control of its needs and the
manner in which they are acquired. Neither the governmental entity, its agents, employees,
volunteer help or any other person operating under this contract shall be considered an agent or
employee of Denton County and shall not be entitled to participate in any pension plans or other
benefits that Denton County provides its employees.
Denton County shall notify all participating entities of available contracts to include
terms of contract, commodity cost, contact names and addresses. Denton County shall keep
participating governments informed of all changes to the Cooperative Purchasing list of contracts.
Nothing in this agreement shall prevent any participating government from accepting and
awarding bids for commodities subject to this agreement individually and in its own behalf.
IV.
Purchase of Goods and Services
All products and services shall be procured by Denton County in accordance with
procedures and statutes governing competitive bids and competitive proposals.
The participating government will be able to purchase from those contracts established
by Denton County where notice has been given in the specifications and successful bidder has
accepted terms for Cooperative Purchasing Agreements for local governments within Denton
County.
The participating governments hereto agree that the ordering of products and services
through this agreement shall be their individual responsibility and that the successful bidder or
bidders shall bill each participating government directly
The participating governments agree to pay successful bidders directly for all products
or services received from current revenues available for such purchase. Each participating
government shall be liable to the successful bidder only for products and services ordered by and
received by it, and shall not by the execution of this agreement assume any additional liability.
Denton County does not warrant and is not responsible for the quality or delivery of
products or services from successful bidder. The participating government shall receive all
warranties provided by successful bidder for the products or services purchased.
In the event that any dispute arises between individual participating government and a
successful bidder, the same shall be handled by and between the participating government body and
the bidder.
5'- c — 3
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
their authorized officers thereon the day and the year first above written.
DENTON COUNTY, TEXAS
By: Jeff A. Moseley By:
Denton County Judge
Acting on behalf of and by authority
of the Denton County Commissioners Court
Approved as to content:
Director of Purchasing
proved as to form:
Assistant District Attorney
p.tracticoop_pur.wpd
City of Southlake, Texas
October 31, 1996
TO: Curtis E. Hawk, City Manager
FROM: Lou Ann Heath, Director of Finance
SUBJECT: Amendment to the Participation Agreement between the City
and TexPool
On September 1, 1996 the State Treasury was merged with the Comptroller of Public Accounts.
TexPool, a local government investment pool, was operated by the State Treasury. As a result
of the merger, Comptroller John Sharp is requiring an Amendment to the City's TexPool
Participation Agreement initially approved by Council in November 1992. The Amendment must
be approved by Council before November 20, 1996.
The Amendment makes several changes, although many will not affect the day-to-day operations
of TexPool. The management fee is to be reduced from 9 basis points to 8 basis points. The
Amendment reflects the statutory references changed recently in the Public Funds Investment Act,
plus the September 1 dissolution of the State Treasury. The Amendment removes the TexPool
operating procedures from the Participation Agreement and documents them separately, which
will allow for update without requiring governing body approval. The Participation Agreement
may be modified and will take effect 45 days after notification, however the City retains a 30 day
right to terminate the Agreement. A new section allows the Comptroller to contract a portion or
all of the services to a third party.
TexPool is rated as a AAA money market fund by Standard and Poor's. As of September 30,
1996, the book value of the fund was $4.38 billion, with a weighted average maturity of 10 days
and monthly average yield of 5.23 %. Southlake currently has approximately $4.2 million in
TexPool, which is about 28 % of our total portfolio. The balance of our portfolio is in direct
Treasury or Agency securities.
I recommend that the Council approve the TexPool Amendment to the Participation Agreement,
and request that this item be placed on the November 5 Council agenda.
-mA
L, B.1 Sta« 01firc
Building
`[s. Louann Heath
Citv of Southlake
66! North Carroll Avenue
Southlake, Texas 76092-641'
Dear Louann:
John Sharp
Comptroller of Public Accounts
A- ustin, Texas 7877-1
October 10. 1996
As you know, the State Treasury was merged with the Comptroller of Public Accounts on
September 1, 1996. Hopefully, that merger has been transparent to you in your interaction
with TexPool.
As a result of the merger and recent amendments to the Public Funds Investment Act, we have
updated the Participation agreement which has been enclosed. Also enclosed is a summary of the
revisions to the agreement. To ensure your continued participation in the program, you must return
the signed agreement by November 20, 1996. all current agreements will expire on that date.
I am also pleased to announce that I am reducing the management fee from 9 basis points to 8 basis
1*110.1 points. That makes our fee almost 10 basis points cheaper than our closest competitor!
Please be assured that I intend to see that TexPool continues to provide you with the same
high -quality service at the lu«est possible price.
In addition to improving the efficiencies at TexPool, I intend to explore other options that could
provide further savings for our participants. Some of the proposals I am considering include: keeping
TexPool as is: hiring a private investment company to manage the fund: or perhaps allowing a private
investment company to assume control of all operations of TexPool at some point in the future.
Any future decisions relating to TexPool will be based on your best interest and the interest of the
taxpayers of Texas. If other options do not improve service and lower your costs, we will continue as
is We will provide advance notice to you before implementing any changes
If you have any questions or need more information, please do not hesitate to call either
Oscar Ramirez or Steve Garven with my TexPool staff at 1-800-234-5447.
Sincerely.
s
JO
Co ptroller of Public accounts
Enclosures
cc: Oscar Ramirez
Steve Garven
5 �)-I
SUMMARY OF REVISIONS TO TEXPOOL
-�--� PARTICIPATION AGREEMENT
�,34
(1496)
Following is a summary of revisions to the TexPool Participation Agreement:
The TexPool Participation Agreement has been revised to reflect current statutory references resulting
from recent amendments to the Public Funds Investment Act and the constitutional amendment which abol-
ished the office of the State Treasurer and transferred the Treasurer's duties and responsibilities to the Comp-
troller effective September 1, 1996.
The detailed operating procedures defining authorized investments, deposit and withdrawal proce-
dures by ACH or wire transfer have been removed from the former Agreement and are documented sepa-
rately in the "Operating Procedures" that will accompany the revised Agreement. This will allow for revisions
of the procedures when appropriate without having to amend the Agreement. Participants will be notified in
advance of any changes in the Operating Procedures but approval from each Participant's governing body will
no longer be required.
The former Agreement requires the Advisory Board to review and approve an investment policy for
TexPool. The former Agreement also makes the Advisory Board responsible for any modification or other
amendment of the fee structure. Recent amendments to the Public Funds Investment Act make it clear that
the Advisory Board's role is purely advisory. The revised Agreement reflects those amendments. With the
otion of approving fee increases, the Advisory Board will act in an advisory capacity only.
The former Agreement requires that amendments to the Agreement be signed by the Trust Company
and the participant. The revised Agreement provides that amendments to the Agreement take effect 45 days
after participants are notified of an amendment without action by the participants. Participants retain their
right to terminate the Agreement upon 30 days written notice to the Trust Company. These time periods allow
participants to review an amendment and to terminate the Agreement prior to an amendment's effective date,
if the amendment is not acceptable for some reason.
New Section 6.10 of the Agreement provides that the Trust Company may retain an outside party to
manage TexPool in accordance with applicable laws and as directed by the Trust Company. If in the future the
Comptroller determines that participants' interests are best served through the creation of a successor pool,
Section 6.10 allows the Trust Company to assign its rights and obligations and take the necessary steps to
effect the transition to the successor pool.
A REVIEW OF THIS SUMMARY SHOULD NOT BE SUBSTITUTED FOR A REVIEW OF THE REVISED
PARTICIPATION AGREEMENT THAT IS ENCLOSED. THIS SUMMARY IS PROVIDED ONLY AS A USEFUL
SYNOPSIS OF SOME OF THE MORE SIGNIFICANT CHANGES TO THE PARTICIPATION AGREEMENT
AND DOES NOT EXPLAIN EVERY CHANGETOTHE PARTICIPATION AGREEMENT. ONLY A REVIEW OF
THE REVISED PARTICIPATION AGREEMENT CAN PROVIDE THE PARTICIPANT WITH COMPLETE IN-
FORMATION TO MAKE AN INFORMED DECISION REGARDING THE REVISED AGREEMENT.
Texas Local Government Investment Pool
Participation Agreement
PREAMBLE
This participation agreement (the "Agreement") is made and entered into by and between the Comptrol-
ler of Public Accounts (the Comptroller ), acting by and on behalf of the Texas Treasury Safekeeping Trust
Company (the Trust Company ), Trustee of the Texas Local Government Investment Pool (TexPool), and
(the "Participant").
WHEREAS, the Participant may have been a party to an earlier participation agreement with the Texas State
Treasurer (the Treasurer );
WHEREAS, the Treasurers office was abolished on September 1, 1996 pursuant to Acts 1995, 74th Leg. S.J.R. No.
1 and the adoption of a constitutional amendment to Article IV, § 1 of the Texas Constitution adopted by the voters on
November 7, 1995;
WHEREAS, the Participant and the Comptroller desire to enter into this Agreement to replace and supersede any
or participation agreement to properly reflect changes in the Public Funds Investment Act, the abolition of the Treasurer
s office and other matters;
WHEREAS, the Interlocal Cooperation Act, TEX. GOV'T CODE ANN. ch. 791 and TEX. GOV'T CODE ANN.
ch. 2256 (the "Acts") provide for the creation of public funds investment pools to which any local government may del-
egate, by contract, the authority to hold legal title as custodian and to make investments purchased with local investment
funds;
WHEREAS, the Trust Company is a limited purpose trust company authorized pursuant to TEX. GOWT CODE
ANN. § 404.103 to receive, transfer and disburse money and securities belonging to state agencies and local political
subdivisions of the state and for which the Comptroller is the sole officer, director and shareholder;
WHEREAS, TexPool is a public funds investment pool, which funds are invested in certain eligible investments as
more fully described hereafter;
WHEREAS, the Participant has determined that it is authorized under the Acts and other applicable law to enter
into this Agreement; and
WHEREAS, in an effort to ensure the continued availability of an investment pool as a vehicle for investment of
local government funds and simultaneously provide for potential enhancement in services and potential decreases in man-
agement and administrative fees, Participant and Trust Company desire to provide in this Agreement for the Trust Company
to obtain professional private management services and/or a potential assignment of the Trust Company s managerial
obligations relative to TexPool.
NOW THEREFORE, for and in consideration of the mutual promises, covenants and agreements herein con-
ied, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree with each other as follows:
Section 2.03. General Administration.
(a) The Trust Company shall establish and maintain the Investment Policy specifically identifying the Authorized
Investments consistent with the Investment Act and the general policy and investment goals for TexPool.
(b) The Trust Company shall establish and maintain the Operating Procedures, describing the management and
operation of TexPool and providing for procedures to be followed for the establishment of, deposits to, and
withdrawals from the Accounts and such other matters as are necessary to carry out the intent of this Agree-
ment.
(c) The Trust Company shall have the power to take any action necessary to carry out the purposes of this Agree-
ment, subject to applicable law and the terms of the Agreement.
Section 2.04. Ownership Interest. Each Participant shall own an undivided beneficial interest in the assets of
TexPool in an amount proportional to the total amount of such Participant's Accounts relative to the total amount of all
Participants' Accounts in TexPool, computed on a daily basis.
Section 2.05 Independent Audit. TexPool is subject to annual review by an independent auditor consistent with
the Investment Act. In addition, reviews of TexPool are required to be conducted by the State Auditor's Office and by the
Internal Auditor of the Comptroller s Office. The Trust Company may obtain such legal, accounting, financial or other
professional services as it deems necessary or appropriate to assist TexPool in meeting its goals and objectives.
Section 2.06. Liability. Any liability of the Comptroller, the Comptroller's Office, the Trust Company, represen-
tatives or agents of the Trust Company, any Comptroller employee, or any member of the Board for any loss, damage or
claim, including losses from investments and transfers, to the Participant shall be limited to the full extent allowed by
applicable laws. The Trust Company's responsibilities hereunder are Limited to the management and investment of TexPool
and the providing of reports and information herein required.
ARTICLE III.
PARTICIPATION REQUIREMENTS
Section 3.01. The Participation Agreement. The Participant must execute this Agreement and provide a Resolu-
tion authorizing participation in TexPool and designating persons to serve as Authorized Representatives of the Participant
and any other documents as are required under, and substantially in the form prescribed by, the Operating Procedures before
depositing any funds into TexPool.
Section 3.02. Operating Procedures.
(a) The Participant acknowledges receipt of a copy of the Operating Procedures. The Operating Procedures
describe in detail the procedures required for the establishment of accounts, deposits to and withdrawals from
TexPool, and related information.
(b) The Operating Procedures may be modified by the Trust Company as appropriate to remain consistent with
established banking practices and capabilities and when such modification is deemed necessary to improve
the operation of TexPool.
(c) The Participant hereby concurs with and agrees to abide by the Operating Procedures.
ARTICLE IV.
INVESTMENTS
Section 4.01. Investments. All monies held in TexPool shall be invested and reinvested by the Trust Company or
.uthorized Representatives of the Trust Company only in Authorized Investments in accordance with the Agreement, the
Investment Policy and the Investment Act. Participant hereby concurs with any such investment so made by the Trust
ARTICLE VI.
NUSCELLAIIEOUS
Section 6.01. Notices. Any notices, Letters of Instructions or other information required or permitted to be given
hereunder shall be submitted in writing and shall be deemed duly given when deposited in the U.S. mail postage prepaid or
successfully transmitted via facsimile addressed to the parties as follows:
To the Participant:
Participant Name:
Address:
City, State, Zip:
Telephone: _
To the Trust Company:
Texas Treasury Safekeeping Trust Company
Attn: TexPool
P.O. Box 12608
Austin, Texas 78711- 2608
Telephone No. (512) 463-2950
FAX No. (512) 463-0823
Fax:
The Participant and the Trust Company agree to notify the other of any change affecting this information and agree
that unless and until so notified, the other party shall be entitled to rely on the last information provided.
Section 6.02. Taxpayer Identification Number. The Participant's taxpayer identification number assigned by the
Internal Revenue Service is: . The Participant hereby agrees to notify the Trust Company of any
change affecting this Taxpayer Identification number and agrees that unless and until so notified, the Trust Company shall
be entitled to rely on same in providing any and all reports or other information necessary or required by the Federal tax
iws as amended from time to time.
Section 6.03. Severability. If any provision of this Agreement shall be held or deemed to be in fact illegal, inopera-
tive or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same
invalid, inoperative or unenforceable to any extent whatsoever.
Section 6.04. Execution of Counterparts. This Agreement may be simultaneously executed in several separate
counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Section 6.05. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of
the State of Texas. Venue for any dispute under this Agreement shall be in Travis County, Texas.
Section 6.06. Captions. The captions or headings in this Agreement are for convenience only and in no way
define, limit or describe the scope or intent of any provisions, articles or sections of this Agreement.
Section 6.07. Amendments.
(a) The Trust Company shall advise the Participant in writing of any amendments to this Agreement no less than
45 days prior to the effective date of such amendment. The Participant may ratify the proposed amendment of
this Agreement by letter to the Trust Company. In the event the Participant elects not to ratify the amendment,
the Participant may terminate this Agreement in accordance with Section 6.08. In the event the Participant
fails to respond in writing to a notice of amendment prior to the effective date of such amendment, this
Agreement shall be deemed amended.
(b) The Trust Company may periodically revise the Operating Procedures from time to time as it deems necessary
for the efficient operation of Tex -Pool. The Participant will be bound by any amendment to the Operating
Procedures with respect to any transaction occurring subsequent to the time such amendment takes effect,
provided, however, that no such amendment shall affect the Participant's right to cease to be a Participant.
5 D -(-,
TEXPOOL OPERATING
PROCEDURES
I. Establishment of Accounts
A. To open an initial TexPool account, the following documents are required:
1. Resolution
a. The Resolution must be adopted by the governing board of the Participant, authoriz-
ing the use of TexPool to invests funds on behalf of the Participant.
b. The Resolution must also designate up to three (3) officers, employees or other
agents of the Participant as "Authorized Participant Representatives". Designated
Authorized Participant Representative are authorized to transfer funds to the Trust
Company for investment in TexPool and are further authorized to withdraw funds
from time to time, to issue letters of instructions, and take all other actions deemed
necessary or appropriate for the investment of local funds.
c. A Resolution and a sample are enclosed with the enrollment packet.
2. Certificate of Incumbency
a. The Certificate of Incumbency certifies that a person who signs the Participation
Agreement is authorized to execute the Agreement.
b. The officia lofficer signing the Participation Agreement must provide a specimen
signature on the Certificate of Incumbency.
c. The official/officer executing the Certificate of Incumbency must be someone other
than the one signing the Participation Agreement.
d. A Certificate of Incumbency and a sample are enclosed with the enrollment packet.
3. Participation Agreement
a. The Participation Agreement is the contract between the Participant and the Comp-
troller of Public Accounts, and defines the duties and responsibilities of the parties.
b. The Participation Agreement must be executed in accordance with the Resolution
and the Certificate of Incumbency.
4. Bank Information Sheet
a. The Bank Information Sheet authorizes and provides TexPool with the necessary
information for the establishment of a specific account. A separate Bank Informa-
tion Sheet with the signatures of two (2) Authorized Participant Representatives
must be completed for each account and subaccount.
b. If ACH availability is desired, the back page of the Bank Information Sheet must be
completed.
2. The Resolution Amending Authorized Representatives form must be signed by all
remaining Authorized Participant Representatives and new Authorized Participant Rep-
resentatives. This Resolution will supersede all prior resolutions.
II. Transactions Procedures
A. Wire Transfers
Notification: TexPool must be notified by 10:30 a.m. (central time) for all wire trans-
fer activity.
2. Methods of Notification to TexPool of wire transfer activity:
a. IVR - (Integrated Voice Response) telephone system
b. OnLAN - (Local Area Network) computer access system
c. Verbal notification by an Authorized Participant Representative to a TexPool staff
person. Any verbal notification of a withdrawal must be followed by a Letter of
Instruction signed by two Authorized Participant Representatives and faxed to
TexPool. The original Letter of Instruction must be mailed to the TexPool office.
3. Information required for all wire transfer activity:
All the information excluding PIN can be found on the TexPool generated Accounts
Information Report.
a. Location Number (5 digits) - Unique to each Participant.
b. PIN Number (4 digits) - for one of the 3 authorized representatives.
c. TexPool account numbers for wire transfers corresponding to a specific local de-
pository account. Series and Fund numbers must be used jointly for each transac-
tion.
4. Wire transfer withdrawals are sent in accordance with the prearranged information
as provided on the Bank Information Sheet corresponding to that specific TexPool
account or subaccount. TexPool must receive a Letter of Instruction signed by two (2)
Authorized Representatives by fax before initiating a wire transfer withdrawal per
verbal notification. An original Letter of Instruction must then be mailed to TexPool.
5. Wire transfer deposits must be sent by the Participant, by providing the following
wiring instructions to the Participant's local depository:
$Deposit Amount$
TX COMP AUSTIN
ABA Routing 114900164
BNF TEXPOOL ACCT 440474002
Location - Series - Fund
Participant Name
3
c. Series Number (4 digits) and Fund Number (3 digits) - Specified TexPool account
numbers for ACH transfers corresponding to a specific local depository account.
Series and Fund numbers must be used jointly for each transaction.
4. ACH transfer withdrawals are sent in accordance with the prearranged information as
provided on the Bank Information Sheet corresponding to that specific TexPool ac-
count or subaccount. TexPool must receive a Letter of Instruction signed by two (2)
Authorized Representatives by fax before initiating a ACH withdrawal per verbal noti-
fication. An original Letter of Instruction must then be mailed to TexPool.
5. It is not necessary to instruct the local depository of ACH activity.
6. If the Participant has elected not to utilize the ACH transfer availability as noted on the
Bank Information Sheet, the ACH request will not originate and the Participant will be
contacted.
7. TexPool will credit/debit the Participant's TexPool account for ACH activity the busi-
ness day following the request.
8. In the event of an ACH rejection, TexPool will contact the Participant to confirm the
rejection. TexPool will credit/debit the Participant's account accordingly including
any interest earned from the date of the ACH rejection.
9. Transaction confirmations for ACH transfers are generated every Thursday, and mailed
to the Participant on Friday provided both are not bank holidays.
C. TexPool Fee
1. TexPool charges a fee based on an amount sufficient to reimburse the Trust Company
for costs of administration.
2. The fee is calculated on "basis points". One percent (1 %) is equal to 100 basis points
and 1 basis point is equal to 1/100 of a percent.
3. The TexPool basic service fee is eight (8) basis points annually, calculated daily on the
TexPool fund balance.
4. The TexPool fee is deducted from the gross interest earning. There is no direct reduc-
tion to the Participant's account.
5. All TexPool rates are quoted net of fees. There are no hidden costs or additional reduc-
tion to Participants' accounts.
c. Transaction Inquiry for each series and fund.
d. Current balance for each account and subaccount.
e. Interfund transfers
f. TexPool general information
i. TexPool total fund balance
ii. TexPool daily rate and allocation factor
iii. TexPool phone numbers
iv. TexPool system messages
g. Account confirmations and reports can be printed locally
h. Preload for wire transfers (internal transfer also)
i. Preload for ACH transfers
j. TexPool Portfolio can be printed locally
E Reports
1. Monthly statements detailing the previous month's activity will be mailed on or about
the fifth Business Day of the following month.
VA
-I--- � - `C
— si-rqunciu Jcrv{C6 jor r-wuC rums
CERTIFICATE OF INCUMBENCY
I.
duly appointed, acting, and qualified
of the
, hereby certify that I am the
and that
I am authorized to execute and deliver this Certificate, and I do hereby further certify as follows:
INCUMBENCY
The following person is the duly appointed, acting, and qualified officer of the
who, in the capacity set forth
below is authorized to execute the TexPool Participation Agreement.
NAME TITLE SPECIMEN SIGNATURE
IN WITNESS WHEREOF, I have duly executed this certificate as. of the
day of
Signature
Title
, 19
oa t 27
(9-96)
lillr VI VVUll llav, 1 Owav
October 29, 1996
TO: Curtis E. Hawk, City Manager
FROM: Kevin Hugman, Assistant to the City Manager
SUBJECT: Community Service Agreement with Keep Southlake Beautiful
In the FY 1996-97 Annual Budget, City Council approved the amount of $3,000 for Keep
Southlake Beautiful for the rendering of certain community services. The attached Agreement for
Community Service delineates the scope of services that will be provided by Keep Southlake
Beautiful in exchange for City funding.
This agreement is the same as the previous agreement approved by City Council. The KSB Board
of Directors reviewed the proposed agreement at their October meeting and had no objections.
Please place this agreement on the November 5, 1996 City Council meeting agenda for their
consideration. Feel free to contact me if you have any questions.
e
KH
Attachment
AGREEMENT FOR COMMUNITY SERVICES
STATE OF TEXAS §
0
COUNTY OF TARRANT §
THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home
rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and
through its duly authorized City Manager (hereinafter referred to as "City"), and Keep Southlake
Beautiful (KSB), a nonprofit organization operating in the City of Southlake as an organization
described in section 501 (c)3 of the Internal Revenue Code, acting by and through its duly
authorized President.
WHEREAS,the purpose of Keep Southlake Beautiful (herein referred to as "KSB") is to
provide educational and motivational programs to improve the appearance of the City of Southlake
and to preserve and enhance the local natural environment; and
WHEREAS, KSB is a recognized member of Keep America Beautiful and Keep Texas
Beautiful with full membership rights and resources; and
WHEREAS, City and KSB desire to enter into an Agreement whereby KSB will provide
beautification services to the citizens of Southlake;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and KSB do hereby
covenant and agree as follows:
D:\WP-FILES\KSB\ADMIN\SERVICES.AGR October 4, 1996
1
SECTION 1
SCOPE OF SERVICES
KSB shall provide the following services:
1. Management of Adopt -A -Street programs on non -State highways within the City of
Southlake.
2. Litter pickup along city streets, shores, and parks as allowed by available volunteer
workers.
3. Education of citizenry on environmentally sound waste disposal practices, recycling,
and pollution control.
4. Promotion of tree planting and city beautification through landscaping.
5. Cooperation with local agencies, businesses, and citizens to render educational and
other services as is available through funding or other programs to promote
beautification and environmental awareness.
6. Maintain certification as an affiliate of Keep America Beautiful, Inc. and Keep Texas
Beautiful.
SECTION 2
KSB FUNCTIONS
1. KSB Board of Directors shall meet periodically. The time, date, place, and agenda of
these meetings shall be solely defined by KSB.
2. KSB shall operate in accordance with its own approved by-laws.
3. Administration of the Adopt -A -Street program shall be coordinated by KSB.
4. The City shall have the right to review the books and records kept incident to the
services provided by KSB to the City.
5. KSB shall provide a quarterly written report to the City. This report shall include: a
D:\WP-FILES\KSB\ADMIN\SERVICES.AGR October 4, 1996
2
5E-3
disclosure of the KSB financial status, operations conducted during the preceding
`�-- quarter, planned future operations, and any other information agreed to by both KSB
and the City.
SECTION 3
CITY FUNCTIONS
1. A liaison will be provided by the City to assist KSB in coordinating KSB and City
operations.
2. City shall provide staff assistance, advice, and technical expertise where feasible to aid
KSB.
3. City shall provide administrative support to KSB, where feasible. The nature, extent, and
duration of this support shall be solely defined by the City.
4. City shall provide a meeting space for KSB Board of Directors meetings.
5. City shall provide vehicles, and personnel, where feasible, to assist KSB in the operation
of Adopt -A -Street trash collection events. The nature, extent and duration of this
assistance shall be solely defined by City.
SECTION 4
PAYMENT FOR SERVICES
City agrees to pay to KSB the sum of Three Thousand Dollars ($3,000) in payment for services
described in Section 1 hereinabove.
D:\WP-FILES\KSB\ADMIN\SERVICES.AGR October 4, 1996
3
SECTION 5
TERM OF AGREEMENT
The term of this agreement shall be for a period of one (1) year beginning October 1, 1996 and
ending September 30, 1997.
IN WITNESS WHEREOF the City and KSB have executed this agreement as of this day
of , 1996.
Approved as to legal form:
Attorney at Law
Mayor, City of Southlake
President, Keep Southlake Beautiful
D:\WP-FILES\KSB\ADMIN\SERVICES.AGR October 4, 1996
4
City of Southlake, Texas
October 29, 1996
TO: Curtis E. Hawk, City Manager
FROM: Kevin Hugman, Assistant to the City Manager
SUBJECT: Community Service Agreement with GRACE
In the FY 1996-97 Annual Budget, City Council approved the amount of $7,500 for GRACE for
the rendering of certain community services. The attached Agreement for Community Service
delineates the scope of services that will be provided by GRACE in exchange for City funding.
This agreement is essentially the same as the previous agreement approved by City Council. The
new agreement has been reviewed by Ms. Tricia Wood, GRACE Executive Director, and her
recommended changes have been incorporated. A redline/strikeout copy of the agreement, noting
the changes is attached, as well as a clean version of the contract.
Please place this agreement on the November 5, 1996 City Council meeting agenda for their
consideration. Feel free to contact me if you have any questions.
Attachment
AGREEMENT FOR COMMUNITY SERVICE
STATE OF TEXAS §
M
COUNTY OF TARRANT §
THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home
rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and
through its duly authorized City Manager (hereinafter referred to as "City"), and Grapevine Relief
and Community Exchange (^.n.".^.r. GRACE), a nonprofit "relief" center operating in the
Grapevine-Southlake-Colleyville area as an organization described in section 501(c)3 of the
Internal Revenue Code, acting by and through its duly authorized Executive Director (hereinafter
referred to as ^ . n . " . r . GRACE) .
WHEREAS, the purpose of ^.". ".^.E. GRACE is to centralize resources and to provide
food, clothing, referral, and available financial assistance to the needy of the Grapevine-Southlake-
Colleyville area, and others as referred by ^.". ".^.E. GRACE members; and
WHEREAS, City and G.R.A.G.E. GRACE desire to enter into an Agreement whereby
^.". ".^.r. GRACE will provide "relief" services to the needy of the Southlake community and
others as referred by City;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and
G.��� GRACE do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
The scope of Service shall include:
1. Short term emergency assistance for food and clothing needs.
2. Administration of direct aid as funding allows (assistance with utilities, rent,
medicine, gasoline, and other vital necessities).
43. Referrals to area agencies and organizations.
-4. Distribution of furniture or other donated resources intended for emergency
purposes as available.
65. Cooperation with local organizations to render additional aid in certain instances
as this assistance is available, through either designated funding or seasonal
programs.
6. Case management for repeated or extended emergency assistance.
7. Supplemental food commodities distribution for households on a low or fixed
income.
SECTION 2
''�C=.GRACE'S OPERATIONS
1. Hours of Operations shall be solely defined by `'.".".`'.E. GRACE.
2. The City shall have the right to review the books and records kept incident to the
services provided by `'.".".`'.E. GRACE to the City.
Q, F:\WP-FILES\ORD-RES.AGR\GRACE-97.AGR\kb October 31, 19%
2
SECTION 3
PAYMENT FOR SERVICES
City agrees to pay to `'.". ".`'.E. GRACE the sum of Seven Thousand Five Hundred ($7,500)
Dollars in payment for services described in Section 1 hereinabove.
SECTION 4
TERM OF AGREEMENT
The term of this agreement shall be for a period of one (1) year beginning October 1, 1996 and
ending September 30, 1997.
IN WITNESS WHEREOF the City and ^.n " ^ r GRACE have executed this
agreement as of this day of
Approved as to legal form
and adequacy:
Attorney at Law
, 1996.
Mayor, City of Southlake
Executive Director, `'.n.".`'.F. GRACE
F:\WP-FILES\ORD-RES.AGR\GRACE-97.AGR\kb October 31, 1996
3
SIF-Lk'
AGREEMENT FOR COMMUNITY SERVICE
STATE OF TEXAS §
M.
COUNTY OF TARRANT §
THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home
rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and
through its duly authorized City Manager (hereinafter referred to as "City"), and Grapevine Relief
and Community Exchange (GRACE), a nonprofit "relief" center operating in the Grapevine-
Southlake-Colleyville area as an organization described in section 501(c)3 of the Internal Revenue
Code, acting by and through its duly authorized Executive Director (hereinafter referred to as
GRACE).
WHEREAS, the purpose of GRACE is to centralize resources and to provide food,
clothing, referral, and available financial assistance to the needy of the Grapevine-Southlake-
Colleyville area, and others as referred by GRACE members; and
WHEREAS, City and GRACE desire to enter into an Agreement whereby GRACE will
provide "relief" services to the needy of the Southlake community and others as referred by City;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and GRACE
do hereby covenant and agree as follows:
j�:-5
SECTION 1
SCOPE OF SERVICES
The scope of Service shall include:
1. Short term emergency assistance for food and clothing needs.
2. Administration of direct aid as funding allows (assistance with utilities, rent,
medicine, gasoline, and other vital necessities).
3. Referrals to area agencies and organizations.
4. Distribution of furniture or other donated resources intended for emergency
purposes as available.
5. Cooperation with local organizations to render additional aid in certain instances
as this assistance is available, through either designated funding or seasonal
programs.
6. Case management for repeated or extended emergency assistance.
7. Supplemental food commodities distribution for households on a low or fixed
income.
SECTION 2
GRACE'S OPERATIONS
1. Hours of Operations shall be solely defined by GRACE.
2. The City shall have the right to review the books and records kept incident to the
services provided by GRACE to the City.
F:\WP-FILES\ORD-RES.AGR\GRACE-97.AGR\kb October 31. 19%
�► 2
SF
SECTION 3
PAYMENT FOR SERVICES
City agrees to pay to GRACE the sum of Seven Thousand Five Hundred ($7,500) Dollars in
payment for services described in Section 1 hereinabove.
SECTION 4
TERM OF AGREEMENT
The term of this agreement shall be for a period of one (1) year beginning October 1, 1996 and
ending September 30, 1997.
IN WITNESS WHEREOF the City and GRACE have executed this agreement as of this
day of , 1996.
Approved as to legal form
and adequacy:
Attorney at Law Mayor, City of Southlake
Executive Director, GRACE
F:\WP-FILES\ORD-RES.AGR\GRACE-97.AGR\kb October 31, 1996
3
City of Southlake, Texas
October 29, 1996
TO: Curtis E. Hawk, City Manager
FROM: Kevin Hugman, Assistant to the City Manager
SUBJECT: Community Service Agreement with Lake Cities Community Band
In the FY 1996-97 Annual Budget, City Council approved the amount of $4,000 for the Lake
Cities Community Band for the rendering of certain community services. The attached Agreement
for Community Service delineates the scope of services that will be provided by Lake Cities
Community Band in exchange for City funding.
This agreement is a new agreement and has been reviewed by the Parks and Recreation staff and
by Mr. Bill Dedrick, President, Lake Cities Community Band. Their recommendations have been
incorporated and the agreement is satisfactory to both.
Please place this agreement on the November 5, 1996 City Council meeting agenda for their
consideration. Feel free to contact me if you have any questions.
KH
Attachment
OR
AGREEMENT FOR COMMUNITY SERVICE
STATE OF TEXAS §
0
COUNTY OF TARRANT §
THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a
home rule municipal corporation located in Tarrant County and Denton County, Texas, acting
by and through its duly authorized City Manager (hereinafter referred to as "City"), and the
Lake Cities Community Band (Band), a nonprofit organization operating in the Southlake,
Grapevine, Colleyville area as an organization described in section 501 (c)3 of the Internal
Revenue Code, acting by and through its duly authorized President.
WHEREAS, the purpose of the Band is to support a strong local arts program through
local concert events which help provide a focus for the expansion of other arts programs in the
City of Southlake; and,
WHEREAS, the Band has served Southlake and surrounding communities through
such events since 1992; and,
WHEREAS, the City and the Band desire to enter into an Agreement whereby the
Band will provide entertainment and educational services to the Southlake community and
others as referred to by the City;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and Band do
hereby covenant and agree as follows:
IE:> ��'9,
SECTION 1
SCOPE OF SERVICES
The Band shall provide the following services:
1. Provide citizens access and opportunity to participate in the arts, support community
cultural events, and provide educational programs to both children and adults in the
community.
2. Perform at least six concert events, free to the public, between December 1996 and
September 30, 1997. Proposed events include:
• Holiday in the Park; Sunday, December 8, 1996
• Winter Holiday Concert; December, 1996
• Annual Young People's Concert; March, 1997
• Spring 40th Birthday Event/Kids Concert; May, 1997
`�..� • Spring Community Concert; May, 1997
• City of Southlake July 4th Celebration; Sunday, June 29, 1997
3. Scheduling of concerts and make-up concerts, if necessary, will be by agreement of the
City Parks and Recreation Director and the Band President.
SECTION 2
BAND'S OPERATIONS
1. Band shall operate in accordance with its own approved by-laws.
2. The City shall have the right to review the books and records kept incident to the
services provided by the Band to the City.
F:\WP-FILES\ORD-RES.AGR\BAND-97.AGR October 10, 1996
``�► 2
5 -3
SECTION 3
PAYMENT FOR SERVICES
City agrees to pay to the Band the sum of Four Thousand ($4,000) Dollars in payment for
services described in Section 1 hereinabove.
SECTION 4
TERM OF AGREEMENT
The term of this agreement shall be for a period of one (1) year beginning October 1, 1996
and ending September 30, 1997.
IN WITNESS WHEREOF the City and the Band have executed this agreement as of
this day of
Approved as to legal form
and adequacy:
Attorney at Law
F:\WP-FILES\ORD-RES.AGR\BAND-97.AGR
1996.
3
Mayor, City of Southlake
President
Lake Cities Community Band
October 10. 1996
SOFTWARE DEVELOPMENT AGREEMENT`^•""
' This AGREEMENT is entered into by and between LeBlanc & Associates, Inc., a
corporation under the laws of the State of Texas having its principal office at 3901 Airport
Freeway, Suite 310, Bedford, Texas, 76021, hereinafter referred to as "LAI" and the City of
Southlake, Texas, having its principal office at 1725 E. Southlake Blvd., Southlake, Texas 76092,
a home -rule municipal corporation hereinafter referred to as "Southlake". Both parties agree that:
Southlake has a requirement for a zoning and platting case processing system,
hereinafter referred to as the "system", which will operate on a Windows -based
Personal Computer (PC). This system is an automated information system software
as described in TEX. LOCAL GOV'T CODE §253.007. To maximize its usefulness,
such system must operate in both a stand-alone and network mode. The general
requirements for this system are outlined in a doetiment titled, "
integrated Personal Gomptiter System and Gttstorn Applieation Development",
" the attached Exhibit
"A" and incorporated herein by reference.
2. LAI has experience in the development of such systems and believes that there is a
market for them. '
CODE §-253.007 Southlake is contracting with LAI to develop automated
information systems software. Sottthlake shall be the owner ofthe system and A- __
obtain the copyright to the system. Southlake may, by separate agfeement, eontraet,
with f-7A! to market and distribute the system tipon LAI shall be the
owner of the system and shall obtain the copyright to the system, and may market
and distribute the system upon development, provided that Southlake shall be entitled
to utilize the system as described in Section 3 hereof. Further, LAI grants Southlake
a no -cost, nonexclusive, perpetual license to use the system, along with any future
upgrades and enhancements, at no charge. Also in return for Southlake's contribution
to the development of the system, LAI shall pay Southlake a royalty of ten percent
(10%) of the revenues collected from the sale of licenses for the system by LAI to
others. Southlake shall have the right to inspect LAI's records at reasonable hours,
upon reasonable notice for the purpose of determining compliance with LAI's
obligations.
3. 1:;A! shall not diselose or provide or othefwise transfer to atty other p�ffty the progr
or the doettmentation for the LAI will provide the City with copies of the
system which can be distributed by the City to other interested parties. These
evaluation diskettes will contain the completed application along with a logical
sample of the City's data. These evaluation diskettes.will provide the user with a
fully functioning system for evaluation and review.
4. LAI has reviewed Southlake's requirements and is willing to undertake the
development of the system. The system shall meet Southlake's requirements for a
zoning and platting case processing system as set forth in Exhibit "A" , the "Request
.51 -- 2
Development"for Proposals integrated Personal Gemputer System and Gtistom Applieafi
doeumen . LAI will use its best efforts to design, develop, and deliver
the system in a timely fashion. The system shall be capable of performing each
function described in the documents included in Exhibit "A."
5. Southlake shall appoint a single individual from its Community Development
Department, hereinafter referred to as the "representative", to interface with LAI and
to provide LAI with guidance and assistance in designing and implementing the
system. Southlake's representative shall be responsible for insuring that LAI's
implementation of the system meets Southlake's requirements. Initially, Southlake's
representative shall be Tom Elgin. Southlake reserves the right to change the
representative with no prior notice to LAI.
6. LAI will begin development of the system upon execution of this Agreement and
receipt of an initial payment of $4,000.00. LAI will receive additional progress
payments from Southlake in the amount of $4,000.00 on the fifteenth first day of
Attgttst, September, Oetober, and November December 1996, and the first day of
January, February and March of 1997. Each progress payment shall be advanced
based upon the acceptability of LAI's progress in developing the system. Southlake
shall be the sole judge of the acceptability of that progress. Southlake shall pay LAI
a final payment of $5,000.00 within 15 days of receipt and acceptance of the final
version of the system and documentation. The total of all payments made to LAI
under this Agreement shall be $25,000.00.
7. Upon execution of this Agreement and receipt of an initial payment of $4,000.00,
LAI shall begin to work with Southlake's representative to develop the system.
Within 120 days after execution of this Agreement, LAI shall make available an
initial prototype of the system for testing at Southlake. At that time, LAI will work
with Southlake's representative to make any corrections and modifications necessary
to complete the system, including documentation. LAI shall complete the system
within 210 days after execution of this Agreement.
8. LAI will continue to provide Southlake with upgrades and enhancements to the
system, free of charge, as they become available.
9. LAI shall provide Southlake free customer support for the system for a period of five
years. This support shall include returning phone calls from Southlake employees
within 24 hours. In the event LAI fails to provide such support as required by this
section, LAI recognizes that Southlake will be forced to obtain support elsewhere.
If LAI fails to respond to Southlake's requests for customer support, LAI agrees to
reimburse Southlake for any reasonable costs Southlake incurs in obtaining such
support elsewhere.
10. LAI shall provide Southlake's attorney with the source codes and the system design
documents for the system, which the attorney shall hold in trust. Each time LAI
modifies the system, it shall furnish Southlake's attorney with the source codes and
5H-3
notification, inaccordande�tth eciron. «`�.� ��d�b��AI=tha�ifis�i��h°f
tl�eemon': �such��e� �a�e`.�led�c,na°c"��'ther
94. LAI is an independent contractor of and not an employee of the City of Southlake.
4012. Any notices required to be given under this Agreement shall be effective if given to
the parties at the addresses listed in the preamble of this Agreement by personal
delivery or if mailed by certified mail, return receipt requested.
4+13. This contract embodies the complete agreement of the parties hereto superseding all
oral or written previous and contemporary agreements between the parties relating
to matters herein; and except as otherwise provided herein, cannot be modified
without written agreement of the parties.
4-214. No right or remedy granted herein or reserved to the parties is exclusive of any other
right or remedy herein by law or equity provided or permitted; but each shall be
cumulative of every other right or remedy given hereunder. No covenant or condition
of this contract may be waived without consent of the parties.
L•.� CIS. This Agreement shall be construed under the laws of the State of Texas. If legal
action is necessary to enforce this Agreement, exclusive venue shall be in Tarrant
County, Texas.
+416. This Agreement shall be effective upon execution and shall terminate on the 30th day
of March, 499-7-2013..
17. LAI agrees and covenants that LAI shall not assign all or any part of its rights,
privileges, duties or interests under this Agreement without first obtaining the written
consent of Southlake, which consent shall not be unreasonably withheld.
18. In the event that LAI should breach any of the terms or conditions of this Agreement
or should otherwise be in default of any of its obligations under this Agreement, the
City shall have the right to enforce this Agreement and to enforce specific
performance hereof and seek such other relief as may be provided by law. LAI
agrees to pay Southlake reasonable attorney's fees and court costs Southlake incurs
as a result of enforcing the provisions of this Agreement.
The parties`bei-eto have'executed this Agreement on the day and year indicated below.'
Signed this the day of 11996.
LEBLANC & ASSOCIATES, INC. CITY OF SOUTHLAKE, TEXAS
Brady R. LeBlanc, President
Curtis E. Hawk, City Manager
ATTEST:
City Secretary
L: I WP-FILESI PROJECTSI COMPUTERW GMT RL. WPD
5H--5"
SOFTWARE DEVELOPMENT AGREEMENT
This AGREEMENT is entered into by and between LeBlanc & Associates, Inc., a
corporation under the laws of the State of Texas having its principal office at 3901 Airport
Freeway, Suite 310, Bedford, Texas, 76021, hereinafter referred to as "LAI" and the City of
Southlake, Texas, having its principal office at 1725 E. Southlake Blvd., Southlake, Texas 76092,
a home -rule municipal corporation hereinafter referred to as "Southlake". Both parties agree that:
Southlake has a requirement for a zoning and platting case processing system,
hereinafter referred to as the "system", which will operate on a Windows -based
Personal Computer (PC). This system is an automated information system software
as described in TEX. LOCAL GOV'T CODE §253.007. To maximize its usefulness,
such system must operate in both a stand-alone and network mode. The general
requirements for this system are outlined in the attached Exhibit "A" and
incorporated herein by reference.
2. LAI has experience in the development of such systems and believes that there is a
market for them. Southlake is contracting with LAI to develop automated
information systems software. LAI shall be the owner of the system and shall obtain
the copyright to the system, and may market and distribute the system upon
development, provided that Southlake shall be entitled to utilize the system as
described in Section 3 hereof. Further, LAI grants Southlake a no -cost, nonexclusive,
perpetual license to use the system, along with any future upgrades and
'�...- enhancements, at no charge. Also in return for Southlake's contribution to the
development of the system, LAI shall pay Southlake a royalty of ten percent (10%)
of the revenues collected from the sale of licenses for the system by LAI to others.
Southlake shall have the right to inspect LAI's records at reasonable hours, upon
reasonable notice for the purpose of determining compliance with LAI's obligations.
3. LAI will provide the City with copies of the system which can be distributed by the
City to other interested parties. These evaluation diskettes will contain the completed
application along with a logical sample of the City's data. These evaluation diskettes
will provide the user with a fully functioning system for evaluation and review.
4. LAI has reviewed Southlake's requirements and is willing to undertake the
development of the system. The system shall meet Southlake's requirements for a
zoning and platting case processing system as set forth in Exhibit "A". LAI will use
its best efforts to design, develop, and deliver the system in a timely fashion. The
system shall be capable of performing each function described in the documents
included in Exhibit "A."
5. Southlake shall appoint a single individual from its Community Development
Department, hereinafter referred to as the "representative", to interface with LAI and 4
to provide LAI with guidance and assistance in designing and implementing the
system. Southlake's representative shall be responsible for insuring that LAI's
5'H—(o
implementation of the system meets Southlake's requirements. Initially, Southlake's"""
representative shall be Tom Elgin. Southlake reserves the right to change the
representative with no prior notice to LAI.
6. LAI will begin development of the system upon execution of this Agreement and
receipt of an initial payment of $4,000.00. LAI will receive additional progress
payments from Southlake in the amount of $4,000.00 on the first day of December
1996, and the first day of January, February and March of 1997. Each progress
payment shall be advanced based upon the acceptability of LAI's progress in
developing the system. Southlake shall be the sole judge of the acceptability of that
progress. Southlake shall pay LAI a final payment of $5,000.00 within 15 days of
receipt and acceptance of the final version of the system and documentation. The
total of all payments made to LAI under this Agreement shall be $25,000.00.
7. Upon execution of this Agreement and receipt of an initial payment of $4,000.00,
LAI shall begin to work with Southlake's representative to develop the system.
Within 120 days after execution of this Agreement, LAI shall make available an
initial prototype of the system for testing at Southlake. At that time, LAI will work
with Southlake's representative to make any corrections and modifications necessary
to complete the system, including documentation. LAI shall complete the system
within 210 days after execution of this Agreement.
8. LAI will continue to provide Southlake with upgrades and enhancements to the
system, free of charge, as they become available.
9. LAI shall provide Southlake free customer support for the system for a period of five
years. This support shall include returning phone calls from Southlake employees
within 24 hours. In the event LAI fails to provide such support as required by this
section, LAI recognizes that Southlake will be forced to obtain support elsewhere.
If LAI fails to respond to Southlake's requests for customer support, LAI agrees to
reimburse Southlake for any reasonable costs Southlake incurs in obtaining such
support elsewhere.
10. LAI shall provide Southlake's attorney with the source codes and the system design
documents for the system, which the attorney shall hold in trust. Each time LAI
modifies the system, it shall furnish Southlake's attorney with the source codes and
system design documents, if any, for such modifications. The codes and system
design documents shall not be provided to Southlake until thirty days after written
notification, in accordance with Section 12, is provided to LAI that it is in breach of
the Agreement. In such event, Southlake shall be entitled to contract with other
individuals or firms to amend or update the system.
11. LAI is an independent contractor of and not an employee of the City of Southlake.
12. Any notices required to be given under this Agreement shall be effective if given to
the parties at the addresses listed in the preamble of this Agreement by personal
5N -7
``-�
delivery or if mailed by certified mail, return receipt requested.-':
13. This contract embodies the complete agreement of the parties hereto superseding all
oral or written previous and contemporary agreements between the parties relating
to matters herein; and except as otherwise provided herein, cannot be modified
without written agreement of the parties.
14. No right or remedy granted herein or reserved to the parties is exclusive of any other
right or remedy herein by law or equity provided or permitted; but each shall be
cumulative of every other right or remedy given hereunder. No covenant or condition
of this contract may be waived without consent of the parties.
15. This Agreement shall be construed under the laws of the State of Texas. If legal
action is necessary to enforce this Agreement, exclusive venue shall be in Tarrant
County, Texas.
16. This Agreement shall be effective upon execution and shall terminate on the 30th day
of March, 2013.
17. LAI agrees and covenants that LAI shall not assign all or any part of its rights,
privileges, duties or interests under this Agreement without first obtaining the written
consent of Southlake, which consent shall not be unreasonably withheld.
18. In the event that LAI should breach any of the terms or conditions of this Agreement
or should otherwise be in default of any of its obligations under this Agreement, the
City shall have the right to enforce this Agreement and to enforce specific
performance hereof and seek such other relief as may be provided by law. LAI
agrees to pay Southlake reasonable attorney's fees and court costs Southlake incurs
as a result of enforcing the provisions of this Agreement.
The parties hereto have executed this Agreement on the day and year indicated below.
Signed this the day of , 1996.
LEBLANC & ASSOCIATES, INC. CITY OF SOUTHLAKE, TEXAS
Brady R. LeBlanc, President
L:IWP-FILESIPROJECTSICOMPUTERUGRMT CC.WPD
5 N-b
Curtis E. Hawk, City Manager
ATTEST:
City Secretary
EXHIBIT `A'
1. General Requirements: LAI shall develop a database application to facilitate the storage,
access and retrieval of pertinent development case -related information including, but not
limited to, type and nature of development request, property owner names and addresses,
legal descriptions of property, surveyor, engineer and other consultants' names and
addresses, Tarrant Appraisal District (TAD) tax roll information and other pertinent
relational information.
2. Development Platform: LAI shall develop the database primarily on Microsoft (MS)
Access 2.0 database management application software. Secondarily, LAI may utilize
compatible development languages, such as MS Visual Basic, and compatible applications,
such as Corel WordPerfect, system to develop or enhance the database as required. LAI shall
design the database so that it may be used as a "front end" for future Structured Query
Language database.
3. Development Process: The development of the database shall follow the general process
outlined below:
• LAI shall develop the general framework for the database development based on
interviews and meetings with Community Development staff.
• Upon staff approval of the general framework, LAI shall develop the initial database.
This initial database shall establish the data design, data tables and data relationships.
• Upon approval of the initial database, LAI shall develop data input forms, repetitive
queries and output reports for the initial database to create a "beta" version of the
database. LAI shall install this "beta" version on the Community Development
department's computer system for their testing and use.
• After sufficient review of the "beta" version, the Community Development
Department shall provide LAI with a list of modifications to required for the
completion of the database. This list may include the correction of inherent program
coding flaws (or "bugs") as well as modifications to the data entry, storage, and
retrieval interfaces.
5N_q
4. Data Input Forms: LAI shall design data input forms so that they are intuitive enougl'for`
ease of use by the moderately experienced data entry personnel and so that they resemble the
"hard copy" development application requests. The attached development applications
(Examples A-1 through A-3), that are also listed below, are representative of standard
development applications currently in use:
• Application for Final Plat
• Application for Zoning Change
• Application for Site Plan
5. Queries: LAI shall develop standardized queries for commonly researched historical data
and for TAD property records.
6. Output Reports: LAI shall design output reports similar to reports currently being
processed by staff and reports for the queries in #5 above. The attached staff reports, that are
also listed below, are representative of standard reports currently generated by staff:
• Standard legal notification forms used for newspaper advertisement of development
cases*
• Standard adjacent owner notification forms used to provide development case
information to those within 200 feet of the proposal*
• Standard forms and fields for use in memos and other correspondence relating to
development cases*
• Standard form fields used to fill in pre-printed certified mailers*
*Examples 13-1 through B-4 are attached, with redlined example database application fields.
L:IWP-FILESIPROJECTSICOMPUTERIDBSE EXH.WPD
5N —I0
E OF PLAT:
SUBMITTAL DEADLINE
APPLICANT
NAME:
ADDRESS:
PHONE:
FAX:
CITY OF SOUTHLAKE REVISED 7/17/96
FINAL PLAT/PLAT SHOWING/PLAT REVISION/AMENDED PLAT APPLICATION
TOTAL LOTS: TOTAL ACRES:
OWNER (if different)
ALL THE FOLLOWING ITEMS MUST BE SUBMITTED WITH THE PLAT BY 5:00 P.M. ON THE SUBMITTAL
DEADLINE (SEE SCHEDULE) TO BE CONSIDERED A COMPLETE SUBMITTAL. AN INCOMPLETE
SUBMITTAL WILL BE RETURNED TO THE APPLICANT OR PROCESSED ON THE NEXT SUBMITTAL IF
THE MISSING ITEMS ARE SUBMITTED AFTER THE DEADLINE.
Included Item
Complete and corrected preliminary water, sewer and drainage plans for the entire area (5 Copies folded)
Check for the appropriate submittal fee
Application signed and checklist completed
Blueprints of plat - folded 6" x 9" - Number of copies as follows:
-Final plats, plat revisions - (17 Copies)
-Multiple -lot plat showings, amended plats of five or more lots-
(17 Copies)
-Single-lot plat showings and amended plats of four or less lots-
(5 Copies)
Reduction of plat at I V x 17" (1 Copy)
Copies of any written support documents (1 Copy)
ALL SUBSEQUENT SUBMITTALS FOR REVIEW BY THE PLANNING AND ZONING COMMISSION OR COUNCIL
SHALL INCLUDE THE FOLLOWING AND MUST BE SUBMITTED TO THE CITY BY 5:00 P.M. ON THE REVISIONS DEADLINE (SEE
SCHEDULE) AFTER THE PLANNING AND ZONING MEETING.
Included Item
Revised blueprints - folded 6" x 9" (17 Copies)
Revised reduction of plat at I V x 17" (1 Copy)
Revised copies of any written support documents (1 Copy)
I hereby certify that this plat is in conformance with the requirements of Subdivision Ordinance No. 483 and No. 217, Drainage Ordinance
No. 605, and the Zoning Ordinance No. 480, amendments and other ordinances, maps, and codes of the City of Southlake that pertain to this submittal.
I further understand that it is necessary to be present at the Planning and Zoning Commission and City Council meetings (where applicable) to represent
the enclosed request and address any unresolved issues.
Signed
Date:
For City Use Only:
I hereby acknowledge receipt of the plat application and the application fee in the amount of $ on this the day of . 19_
Signed: Title: _
EXAMPLE A-l: FINAL PLAT APPLICATION
5�_I t
REVISED 12/18/95
CITY OF SOUTHLAKE
ZONING CHANGE APPLICATION
SUBMITTAL DEADLINE:
CASE NUMBER:
APPLICANT
NAME:
ADDRESS:
TELEPHONE:
FAX:
PRESENT ZONING:
EXISTING USE:
a.
SON FOR REQUESTING CHANGE IN ZONING:
0 Coy AR w:t@j 31
OWNER (if different)
REQUESTED ZONING:
PROPOSED USE:
ALL OF THE FOLLOWING ITEMS MUST BE SUBMITTED WITH THIS APPLICATION BY 5:00 P.M. ON THE
SUBMITTAL DEADLINE (SEE SCHEDULE) TO BE CONSIDERED A COMPLETE SUBMITTAL. AN INCOMPLETE
SUBMITTAL WILL BE RETURNED TO THE APPLICANT OR PROCESSED ON THE NEXT SUBMITTAL IF THE MISSING
ITEMS ARE SUBMITTED AFTER THE DEADLINE.
Note: Although a complete application is received by the submittal deadline, the case may be moved to a later
meeting date. Planning & Zoning Commission agendas are limited by resolution to a certain number of cases and,
therefore, may result in a backlog of development cases.
This application must be signed and notarized by all owners with checklist completed prior
to submittal acceptance.
EXAMPLE A-2: ZONING CHANGE APPLICATION
CITY OF SOUTHLAKE
SITE PLAN APPLICATION
TITLE OF SITE PLAN:
REVISED 12/20/95 ' � Q
SUBDIVISION SITE PLAN IS IN: LOT: BLOCK:
APPLICANT OWNER (if different)
NAME NAME
ADDRESS ADDRESS
TELEPHONE
FAX
TELEPHONE
FAX
I hereby certify that this site plan is in conformance with the requirements of the Zoning Ordinance No. 480, amendments and
other ordinances, maps, and codes of the City of Southlake that pertain to this submittal. I further understand that it is necessary to be
present at the applicable Planning and Zoning Commission and City Council meetings to represent the enclosed request and address any
unresolved issues.
Note: Although a complete application is received by the submittal deadline, the case may be moved to a later meeting date. Planning
& Zoning Commission agendas are limited by resolution to a certain number of cases and, therefore, may result in a backlog of
development cases.
,d:
Date:
**********************************************************************************
For City Use only:
I hereby acknowledge receipt of the site plan application and the application fee in the amount of $
of , 19_.
Signed
Title:
on this the _ day
The following checklist is a partial summary of site plan requirements required by the City of Southlake. The applicant should further
refer to Zoning Ordinance No. 480, amendments, and other ordinances, maps and codes available at the City Hall that may pertain to this
site plan submittal.
EXAMPLE A-3: SITE PLAN APPLICATION
5H-13
1 . .
PUBLISH WEDNESDAY, JULY 3, 1996
FORT WORTH STAR -TELEGRAM
LEGAL NOTICE
Notice is hereby given to all interested persons that the Planning and Zoning Commission of the
City of Southlake, Texas will hold a public hearing on Thursday. July 18. 1996 at 7:00 p.m. in
the Council Chambers at City Hall, 667 North Carroll Avenue, Southlake, Texas.
The purpose of the hearing is to consider a Zoning Changeonproperty described as
approximately 4.113 acres situated in the Littleberry G. Hall Survey Abstract No 686 being a
portion of Tract 3132 as recorded in Volume 4297 Page 77 D R T C T.
The property is located approximately 218' north of West Southlake Blvd. approximately 500'
west of the intersection of West Southlake Blvd and Shady Oaks Drive
The request is being made by the Applicant David L. Ford. The Owner of the property is Harold
Wayne Clowers et al..
The current zoning is "AG" Agricultural District. The requested zoning is "SF -IA" Single
Family Residential District.
All interested persons are urged to attend.
Metes and bounds description follows:
See Attached
City of Southlake
Sandra L. LeGrand
City Secretary
ZA 967�6
EXAMPLE B-1:INEWSPAPER LEGAL FORM
5N -14
CITY OF SOUTHLAKE
NOTICE TO INTERESTED PROPERTY OWNERS
'EFERENCE NO.: ZA -
Dear Property Owner:
An application has been filed with the City Planning and Zoning Commission to consider a request for a
Zoning Change on property described as approximately 4.113 acres situated in the Littleberry G. Hall
Survey, Abstract No'686. being'a portion of Tract3B2 as recorded in Volume 4297 Page 77� 1R`T C=Ts
The property is located approximately 218' north of. West Southlake Blvd approximately 500' west of the
intersection of West Southlake Blvd. and Shady Oaks Drive.
The request is being made by the Applicant David L. Ford. The Owner of the property is Harold Wayne
Clowers et al..
The current zoning is "AG Agricultural District. The requested zoning is "SF -IA" Single Family
Residential District.
A public hearing will be held by the City Planning and Zoning Commission on July 18, 1996 at 7:00 p.m.
in the City Council Chambers at City Hall. At this time, you may submit your views on the matter in
person, by writing, or by representative. You are encouraged to follow the requested action through
final approval because changes are often made during the review process.
you know of any interested property owner who for any reason has not received a copy of this letter, it
would be greatly appreciated if you would inform them of the time and place of this hearing.
Very truly yours,
Planning and Zoning Commission
City of Southlake, Texas
................................... (CUT HERE).....................................
The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission,
667 North Carroll Avenue, Southlake, Texas 76092.
REFERENCE NO.: ZA »� b
I am (in favor of) (opposed to) (undecided about) the request for the following reasons:
SIGNATURE:
(Please Print Name)
FA010110�1.Y. i
EXAMPLE B-2:ADJACENT OWNER NOTICE FORM
5ii-f5
City of Southlake, Texas
STAFF REPORT
August 2, 1996
- . ASE NO: ZA,96476 PROJECT: Rezoning/Southlake Garden Offices
STAFF CONTACT: Karen P. Gandy, Zoning Administrator 481-5581, Ext. 743
REQUESTED ACTION: Rezoning for property described as being approximately 4.113
acres situated in the Littleberry G. Hall Survey, Abstract No. 686,
being a portion of Tract 3132.
LOCATION: Approximately 218'north of West Southlake Blvd. approximately
500' west of the intersection of West Southlake Blvd. and Shady
Oaks Drive.
OWNER: Harold Wayne Clowers et al.
APPLICANT: David L. Ford
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF -IA" Single Family Residential District
AND USE CATEGORY: Low Density Residential (may include limited low intensity office
and/or retail uses)
NO. NOTICES SENT: Eight (8)
RESPONSES: One (1) written response was received within the 200' notification
area:
Sharon L. Tolbert, Shady Oaks Group, 13747
Ravenwood Drive, Roanoke, TX 76262, opposed to.
"The zoning on other properties on 1709 under rezoning
or requests for other than residential leads this for
residential. Our property will be worthless if this is
approved. Ours as well should be 01 or similar zoning."
One (1) verbal response was received within the 200' notification
area:
• R.J. Stacy, 300 N. Shady Oaks, Southlake, TX
76092, in favor of. "...I do not have a problem with
the residential zoning greater than 1 acre in size."
EXAMPLE B-3: MEMO FORM
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Domestic Return Receipt
City of Southlake, Texas
MEMORANDUM
October 30, 1996
TO: Curtis E. Hawk, City Manager
FROM: Tom Elgin, Planner
SUBJECT: Professional Services Agreement with LeBlanc & Associates, Inc. for Software
Development for the Community Development Department
At the 1995 Mid -Year retreat, the City Council authorized $25,000 in additional budget expenditures
for the development of a database system to manage the growing volumes of case information processed
by the Community Development Department. Because of unresolved issues, the initial professional
services agreement that was brought forward to City Council on their August 6 agenda was not
considered. Subsequently, the funds for the professional services were encumbered to the current budget
year to allow resolution of the issues.
After a series of meetings with LAI, consensus was reached on the Software Development Agreement.
Attached are a "redline and strikeout" version showing changes from the structure of the August
agreement to the current agreement and a "clean' version of the agreement. Please note that the general
requirements (Exhibit "A") have remained the same. Following is a summary of the differences:
LAI will retain copyright and ownership of the system in exchange for a perpetual use license
granted to the City. LAI shall also pay the City 10% royalties for the sale of licenses to other
entities. (This is similar to the language in the services agreement for the development of the
"Service Request Tracking System.")
2. LAI shall furnish fully functioning evaluation diskettes for distribution by the City to interested
parties.
3. LAI shall provide free, timely customer support for a period of five years.
4. LAI shall provide system source codes and system design documents to be held in trust by the
City Attorney.
Debra Dreyovitch from the offices of Fielding, Barrett and Taylor has reviewed the agreement. If there
are any questions regarding this agreement or the development of the database system, please contact
me at Ext. 753 or Chris Carpenter at Ext. 866.
Please place this item on the next Council agenda for their consideration.
TE
att: Software Development Agreement ("redline and strikeout" version)
Software Development Agreement ("clean' version)
L:\WP-FELES\PROJECTS\COMPUTER\SOFr-DV3.WPD
5H-1
City of Southlake, Texas
MEMORANDUM
November 1, 1996
TO: Curtis E. Hawk, City Manager
FROM: Ron Harper, City Engineer
SUBJECT: Authorize the City Manager to enter into Agreement between the State of Texas and
the City of Southlake for the Installation of a New Traffic Signal and Pavement
Markings within the Right -Of -Way of F.M. 1709 at Village Center Drive
BACKGROUND
Attached is an agreement between the State of Texas and the City of Southlake for the installation of the
traffic signal at Village Center Drive and F.M. 1709.
During the initial planning of Village Center, the developer submitted a request for a traffic signal at
Village Center Drive and F.M. 1709. The City forwarded the request to the State and received notice
of approval. At that time, the State requested that the final design plans be submitted for technical review
and approval. The developer's consultant, Barton-Aschman Associates, submitted these plans to the State
on July 25, 1996.
'he State requires an agreement be made with the municipality in which the traffic signals are to be
nstalled rather than with the developer.
Work has been done on this project. Jody Short of Barton -Ashman Associates met with a representative
of TxDOT for a preconstruction conference regarding this project. After this time, the State realized that
they had not processed this agreement. They have halted any further work until this agreement is
executed. (All work to date has been properly done.)
Page 2, paragraph 4, states that the City is responsible for all costs. In fact, the developer is. bearing all
the costs for engineering and construction of this installation.
RECOMMENDATION
Staff recommends to authorize the City Manager to enter into agreement between the State of Texas and
the City of Southlake for the installation of a new traffic signal and pavement markings within the right-
of-way F.M. 1709 at Village Center Drive this agreement be placed on the Regular City Council
Agenda,for N9Yember 5, 1996 for City Council consideration.
RH/ls
,ttachment: agreement
STATE OF TEXAS §
COUNTY OF TRAVIS §
AGREEMENT
BETWEEN THE STATE OF TEXAS
AND
THE CITY OF SOUTHLAKE
FOR THE INSTALLATION OF A NEW TRAFFIC SIGNAL AND PAVEMENT
MARKINGS WITHIN THE RIGHT-OF-WAY
OF
FM 1709 AT VILLAGE CENTER DRIVE
'PHIS AGREEMENT, is made by and between the State of Texas,
acting by and through the Texas Department of Transportation
hereinafter called the "State", and the City of Southlake, Texas
and/or its representative acting by and through its authorized
officials, hereinafter called the "City".
W I T N E S S E T H
WHEREAS, the State owns and maintains a system of highways for
public use and benefit, including a segment of FM 1709 at Village
Center Drive which lies within the City of Southlake; and
WHEREAS, the City desires to install a new traffic signal and
pavement markings by permit; and
WHEREAS, the State acknowledges the common benefits of the
City's proposal.
Page 1 of 5
SI-2
A G R E E M E N T
NOW THEREFORE, in consideration of the premises and of the
mutual covenants and agreements of the parties hereto; to be by
them respectively kept and performed as hereinafter set forth, it
is agreed as follows:
1. The State Grants to the City license and permission to
install a new traffic signal as shown in Exhibit "A" attached
hereto for the above mentioned intersection within the limits of
the right of way. It is understood and agreed that the State does
not purport, hereby, to grant any right, claim, title or easement
in or upon FM 1709 at Village Center Drive or the right of way upon
which it is constructed.
2. The City shall prepare or cause to be prepared approved
plans for the work incidental thereto. No construction work shall
be performed on the State's right of way until these plans have
been approved by the State, and after such approval has been
acknowledged in writing, no changes or alterations shall be made
therein without the written approval of the State. All
construction to be performed shall be in accordance with the latest
version of TxDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION OF
HIGHWAYS, STREETS AND BRIDGES.
3. The City shall provide such detours, barricades, warning
signs, flares, flashing light signals and flagmen as .are necessary
to direct and protect vehicular traffic while the construction
work, as hereinabove described to be done on the State's right of
way, is in progress. Details of these traffic control measures,
conforming to the Texas Manual on Uniform Traffic Control Devices
for Streets and Highways, shall be shown in the plans. If, during
construction, it is necessary or desirable to modify the traffic
control measures from those shown on the plans, prior approval must
be obtained from the State's District Engineer in Fort Worth.
4. The City shall be responsible for the entire cost of all
work to be performed associated with FM 1709 and Villiage Creek
Drive which are authorized herein.
S. Nothing contained herein shall ever be construed to place
upon the State any liability or injury to or death of persons, or
for damage to or loss of property; arising from or in any manner
connected with the work authorized herein.
6. Any contractor and/or City shall provide for insurance as
follows:
A. Worker's Compensation Insurance
Amount - Statutory
Page 2 of 5
SI-3
B. Comprehensive General Liability Insurance
Amounts - Bodily Injury $500,000 each occurrence
Property Damage $100,000 each occurrence
C. Comprehensive Automobile Liability Insurance
Amounts - Bodily Injury $250,000 each person
$500,000 each occurrence
Property Damage $100,000 each occurrence
The State shall be included as an "Additional Insured" by
Endorsement to policies issued for coverages listed in B and C
above. A "Waiver of Subrogation Endorsement" in favor of the State
shall be a part of each policy for coverages listed in A, B and C
above. Any contractor and/or City shall be responsible for any
deductions stated in the policy.
7. The State shall make suitable, frequent, and complete
inspection of all materials, and equipment, and construction work
within the limits of the State's right of way in order to determine
that the construction meets all applicable requirements of the
plans and specifications for operation and maintenance by the State
after its completion. The City will provide opportunities,
facilities and representative samples, as may be required, to
enable the State to carry on suitable, frequent, and complete
inspection of all materials, and application methods, sufficient to
afford determination and certification by the State that the
construction. within the limits of the State's right of way complies
with the requirements of the approved plans and specifications.
The State will promptly notify the City of any failure of
materials, equipment or construction methods, and the City will
take such measures as necessary to obtain acceptable construction
procedures without delay.
8. The City shall notify Mr. Ron Newman, North Tarrant
County Area Engineer, telephone number (817)370-6632, Fort Worth,
Texas, and Mr. Robert Hooks, Tarrant County Maintenance Supervisor,
telephone number (817)283-2731 Fort Worth, Texas. They should be
notified at least forty-eight (48) hours prior to beginning the
work on State owned right of way.
9. Mr. James Ward, Traffic Signal Supervisor, telephone
number (817) 370-6671, shall be notified forty-eight (48) hours
prior to beginning any excavation within the right of way in order
that the State may verify the existence of any electrical wiring.
Failure to provide proper notification will result in the immediate
repair at the City's expense.
10. All utility companies shall be given prior notification
of the pending construction to ensure that no conflicts exist
within the project area. All utilities that exist within the
project area and will be beneath the pavement as the result of this
work, will be required to be adjusted beyond the roadway surface.
Page 3 of 5
SI-4
11. This agreement may be terminated by any of the following
conditions:
(a) By mutual written agreement and consent of both parties.
(b) By the State by notice in writing to the City as
consequence of failure by the City to perform the
services set forth in a satisfactory manner and within
the limits provided.
(c) By either party, upon the failure of the other party to
fulfill its obligations as set forth in this agreement.
(d) By satisfactory completion of all services and
obligations described herein.
The termination of this agreement shall extinguish all rights,
duties, obligations and liabilities of the State and the City under
this agreement. If the agreement is terminated, the existing
roadway shall be returned to its original cross section and
condition.
12. This agreement constitutes the sole and only agreement
between the parties hereto and supersedes any prior understandings
or written or oral agreements respecting the within subject matter.
Page 4 of 5
5I-5
IN TESTIMONY HEREOF, the parties hereto have caused these presents
to be executed in duplicate counterparts.
ATTEST:
THE CITY OF SOUTHLAKE, TEXAS
Typed Name
Title
Date
City Secretary
THE STATE OF TEXAS
Executed for the Executive Director and approved by the Texas
Transportation Commission under the authority of Stand Alone Manual
Notice 95-4, for the purpose and effect of activating and carrying
out the orders, established policies or work programs heretofore
approved by the Texas Transportation Commission.
es W. Heald, P.E.
Typed Name
District Engineer
Title
Date
Page 5 of 5
5I-6
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City of Southlake, Texas
MEMORANDUM
November 1, 1996
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorize City Manager to Advertise and Receive Bids for a Fueling Station at the
Public Works Center; to Include Above Ground Concrete Encased Fuel Tanks,
Pumps, Piping, Electrical, Canopy and Reinforced Concrete Parking Pad
BACKGROUND
With the purchase of the land and building (MEMO) and the current move of the Public Works Divisions
(Streets/Drainage, Water/Wastewater and Engineering), the next related project is to provide a new
fueling station for the city vehicles. September 17, 1996, Rone Engineers, Inc. were contracted to design
and provide specifications for the fueling facility. They have produced the plans and specifications and
we are ready to proceed to advertise and receive bids.
The fueling facility will consist of a 12,000 gallon three compartment concrete encased above ground fuel
tank. The compartments will hold diesel and two grades of unleaded gasoline. The pumps, piping,
concrete surface with spill containment and a lighted canopy will be constituents of the proposed project.
ie fueling facility is designed to allow for the alternative fuel, propane, which the City will use in our
vehicles. Also it is designed to provide for additional fuel tanks for Carroll Independent School District
to fuel buses as we implement a joint use facility.
RECOMMENDATION
Staff recommends that City Council authorize the City Manager to advertise and receive bids for a fueling
station at the Public Works Center; to include above ground concrete encased fuel tanks, pumps, piping,
electrical, canopy and a reinforced concrete parking pad as per the plans and specifications prepared by
Rone Engineering. Please placed this item on the Regular City Council Agenda for November 5, 1996
for City Council consideration.
BW/ls
attachment: concrete tank exhibit
C:\WPMN60\WPDOCs\PW-CTR\FUELADV.MEM
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City of Southlake, Texas
STAFF REPORT
November 1, 1996
CASE NO: ZA 96-96 PROJECT: Ordinance No. 480-212 / Second Reading
Rezoning / Site Plan - Cimmarron Acres
STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743
Dennis Killough, Planner I 481-5581, ext. 787
REQUESTED ACTION: Rezoning and Site Plan for City Ground Storage Water Tanks on
proposed Lot 5R6, Block 3, Cimmarron Acres Addition, being a portion
of Lot 5, Block 3, Cimmarron Acres as originally recorded in Volume
388-181, Pg. 8, P.R.T.C.T. and being approximately 3.331 acres situated
in the J.G. Allen Survey, Abstract No.18.
LOCATION: Northeast corner of Pearson Lane and Southlake Boulevard (F.M. 1709).
OWNER\APPLICANT: City of Southlake
CURRENT ZONING: "C-2" Local Retail Commercial District
TED ZONING: "CS" Community Service District
LAND USE CATEGORY: Mixed Use (may include residential and office buildings, hotels, and
commercial and retail centers that serve local and regional needs)
CORRIDOR Retail Commercial (same as in, 0-1, C-1, C-2, C-3, and B-1 districts)
RECOMMENDATION:
NO. NOTICES SENT: Eight (8)
RESPONSES: None
P & Z ACTION: August 15, 1996; Approved (7-0) applicants request to table until the
September 5, 1996 Planning & Zoning Commission meeting.
September 5, 1996; Approved (7-0) applicants request to table until the
October 3, 1996 Planning & Zoning Commission meeting.
October 3, 1996; Approved (6-0), subject to Staff Review Summary No.
2 dated September 27, 1996, deleting Items #1 (any proposed building on
the site which exceeds one story or 20' in height requires setback to be
determined by a 4:1 slope line from the property line), #2 (proposed
7A-1
driveway intersecting the north line of F.M. 1709 must be a minimum of
500' from the northeast intersection of F.M. 1709 and Pearson Lane), and
93 (providing horizontal and vertical articulation on the proposed
building facades).
COUNCIL ACTION: October 15, 1996; Approved (7-0), First Reading, Ordinance No. 480-
212, subject to the October 11, 1996 Staff Review Summary, deleting
item #1 (residential adjacency height requirements); deleting item #2
(500' driveway spacing) to allow the 375' as shown; deleting item #3
(horizontal and vertical articulation) to allow as shown.
STAFF COMMENTS: The applicant has met all items in Staff Review No. 1 dated August 2,
1996 and Staff Review Summary No. 2 dated September 27, 1996 with
the exception of those items in the attached Staff Review Summary No.
3 dated October 11, 1996.
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;ase No.: ZA 96-96
City of Southlake, Texas
SITE PLAN REVIEW SUMMARY
Review No: Three
Date of Review: 10/11/96
Project Name: Site Plan - City of Southlake Ground Storage and Booster Pump Station, Lot 5R6, Block
3, Cimmarron Acres Addition 3.331 Acres in the J G Allen Survey Abstract No 18
OWNER/APPLICANT:
City of Southlake
667 N. Carroll Avenue
Southlake, Texas 76092
Phone: (817) 481-5581
Fax 817) 488-9370
ENGINEER:
Cheatham & Associates
1601 E. Lamar Boulevard. Suite 200
Arlington, Texas 76011
Phone : 817) 548-0696
Fax :(817) 265-8532 Attn: Kelly Cheatham
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/07/96 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787.CITY
The proposed ground storage tanks exceed 20' in height which requires a setback determined by a 4:1
slope line from the north property line. No part of the structure can encroach above the slope line. The
proposed ground storage tanks encroach the 4:1 slope line. (P & ZACTION 10103196: delete)
The proposed driveway intersecting the north line of F.M. 1709 must be a minimum of 500' from the
northeast intersection of F.M. 1709 and Pearson Lane. The driveway spacing provided is 375'.
(P & ZACTION 10103196: delete)
3. Provide horizontal and vertical articulation on the proposed building facades according to the
requirements Ordinance 480, Section 43.9.c.l.c. Compliance with the articulation requirements are
listed in the attached Articulation Evaluation Chart. Please note that no detailed evaluation was done
on the proposed disinfection building because no wall of this building exceeds 3 times the wall height.
(P & ZACTION 10103196: delete)
P & ZACTION: August 15, 1996; Approved (7-0) applicants request to table until the September 5,
1996 Planning & Zoning Commission meeting.
September 5, 1996; Approved (7-0) applicants request to table until the October 3;
1996 Planning & Zoning Commission meeting.
October 3, 1996; Approved (6-0), subject to Staff Review Summary No. 2 dated
September 27, 1996, deleting Items #1 (any proposed building on the site which
exceeds one story or 20' in height requires setback to be determined by a 4:1 slope line
from the property line), #2 (proposed driveway intersecting the north line of F.M. 1709
must be a minimum of 500' from the northeast intersection of F.M. 1709 and Pearson
Lane), and #3 (providing horizontal and vertical articulation on the proposed building
facades).
7A-6
City of Southlake, Texas
* A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709.
No review of the specific landscaping or irrigation is intended with this Site Plan. Separate landscape
and irrigation plans meeting the requirements of Ord. 544 will be required prior to the issuance of a
building permit.
* The applicant should be aware that prior to issuance of a building permit a Plat Revision must be
processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation
plan, and building plans, must be submitted for approval.
* Denotes Informational Comment
att: Articulation Evaluation Chart
cc: Cheatham & Associates
L:\WP-F1LES\REV\96\96-096SP.3
7A-7
Articulation Evaluation No. 1
Case No. ZA 96-96 Date of Evaluation: 8/08/96
Elevations for City of Southlake Ground Storage and Booster Pump Station Received 8/08/96
.itrol & Instrumentation Building
Front - facing: West Wall ht. _
Horizontal articulation
Required Provided
Max. wall length 33 20
Min. artic. offset 2 10
Min. artic. length 5 10
R. Side - facing:
Max. wall length
Min. artic. offset
Min. artic. length
L. Side - facing
Max. wall length
Min. artic. offset
Min. artic. length
— lar - facing:
Max. wall length
Min. artic. offset
Min. artic. length
11
Vertical articulation
Delta
Okay?
Required Provided
Delta
Okay?
39%
Yes
33 20
39%
Yes
400%
Yes
2 4
100%
Yes
100%
Yes
5 10
100%
Yes
South Wall ht.
=
11
Horizontal articulation
Vertical articulation
Required Provided
Delta
Okay?
Required Provided
Delta
Okay?
33
30
9%
Yes
33
30
9%
Yes
2
10
400%
Yes
2
4
100%
Yes
8
10
25%
Yes
8
10
25%
Yes
North Wall ht. =
11
Horizontal articulation
Vertical articulation
Required Provided
Delta
Okay?
Required Provided
Delta
Okay?
33
30
9%
Yes
33
30
9%
Yes
2
10
400%
Yes
2
4
100%
Yes
8
10
25%
Yes
8
10
25%
Yes
East Wall ht. =
11
Horizontal articulation
Vertical articulation
Required Provided
Delta
Okay?
Required Provided
Delta
Okay?
33
40
21%
No
33
40
21%
No
2
0
100%
No
2
0
100%
No
8
0
100%
No
8
0
100%
No
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-212
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING ON THE
SOUTHERN PORTION OF LOT 5, BLOCK 3, CIMMARRON
ACRES ADDITION, BEING APPROXIMATELY 3.331 ACRES
SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO.
18, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "C-2" LOCAL RETAIL COMMERCIAL
DISTRICT TO "CS" COMMUNITY SERVICE DISTRICT,
SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN
THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING
MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "C-2" Local Retail
Commercial District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
L: \CTYDOCS\ORD\CASES\480-212.CS
Page ( 7A-12
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location, lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the view
to conserve the value of the buildings, and encourage the most appropriate use of the land throughout
this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of those
who bought or improved property with reference to the classification which existed at the time their
original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers,
promotes the health and- the general welfare, provides adequate light and air, prevents the over-
crowding of land, avoids undue concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there has been
a change in the conditions of the property surrounding and in close proximity to the tract or tracts
of land requested for a change since the tract or tracts of land were originally classified and therefore
feels that the respective changes in zoning classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large, the citizens of the city of Southlake,
Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City
of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended,
is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed
and amended as shown and described below:
Being on the southern portion of Lot 5, Block 3, Cimmarron Acres Addition, being
LACTYD0CS\0RD\CASES\480-212.CS 7 N-13
Page 2
3.331 acres situated in the Jesse G. Allen Survey, Abstract No. 18, and more fully
and completely described in Exhibit "A" attached hereto and incorporated herein,
from "C-2" Local Retail Commercial District to "CS" Community Service District
as depicted on the approved Site Plan attached hereto and incorporated herein as
Exhibit "B".
Section 2. That the City Manager is hereby directed to correct the Official Zoning map
of the City of Southlake, Texas, to reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or tracts of land herein above
described shall be subject to all the applicable regulations contained in said Zoning Ordinance and
all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not
amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
Section 4. That the zoning regulations and districts as herein established have been
made in accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land;
to avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water, parks and other commercial needs and development
of the community. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the City of
Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are in direct conflict with the
provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall not affect the validity of the zoning
of the balance of said tract or tracts of land described herein.
Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
Section 8. All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
Ifecting 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
Page 3YDOCS\ORD\CASES\480-212.CS 7A_14
or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
Section 9. The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any
of its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13
of the Charter of the City of Southlake.
Section 10. This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of , 1996.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1996.
MAYOR
L:\CTYDOCS\ORD\CASES\480-212.CS 7A-15
Page 4
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
0
LACTYD0CS\0RD\CASES\480-212.CS 7A-16 I
Page 5
EXHIBIT "A"
Being a portion of Lot 5, Block 3, Cimmarron Acres Addition to the City of Southlake,
as recorded in Volume 388-181, Page 08, Plat Records, Tarrant County, Texas, said
real property being situated in the Jesse G. Allen Survey, Abstract No. 18, and being
more particularly described by metes and bounds as follows:
COMMENCING at the southwest corner of Lot 6, Block 3 of said Cimmarron Acres
Addition said point being in the east right-of-way line of Pearson Lane and the north
right-of-way line of Southlake Boulevard (F.M. 1709);
THENCE N 89038'11" E, along said north right-of-way line of Southlake Boulevard at
200.00 feet passing the southwest corner of said Lot 5, continuing in all, a distance
of 390.00 feet, to the POINT OF BEGINNING;
THENCE N 00021'49" W, a distance of 270.00 feet, to a point for corner;
THENCE N 89038'11" E, a distance of 537.45 feet, to a point for corner;
THENCE S 00021'49" E, a distance of 270.00 feet, to a point for corner in the north
right-of-way line of Southlake Boulevard (F.M. 1709);
THENCE S 89038'11" W, along said north right-of-way line of F.M. 1709 a distance
of 537.45 feet, to the POINT OF BEGINNING, and containing 145,111 square feet, or
3.331 acres of land, more or less.
L:\CTYDOCS\ORD\CASES\480-212.CS j7
Page 6
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EXHIBIT "B"
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�A-18
City of Southlake, Texas
STAFF REPORT
November 1, 1996
CASE NO: ZA 96-97 PROJECT: Ordinance No. 480-213 / Second Reading
Rezoning / Cimmarron Acres
STAFF CONTACT: Karen Gandy, Zoning Administrator, 481-5581, ext. 743 -
Dennis Killough, Planner I, 481-5581, ext. 787
REQUESTED ACTION: Rezoning of proposed Lots 5R1, 5R2, 5R3 and 5R4, Block 3, Cimmarron
Acres Addition, being a portion of Lot 5, Block 3, Cimmarron Acres
Addition, as originally recorded in Volume 388-181, Page 8, P.R.T.C.T.,
and being approximately 4.742 acres situated in the J.G. Allen Survey,
Abstract No. 18.
AMENDED REQUEST: Rezoning of proposed Lots 5R1, 5R2, 5R3, 5R4, and 6R1, Block 3,
Cimmarron Acres Addition, being a portion of Lot 5 and a portion of Lot
6, Block 3, Cimmarron Acres Addition and being approximately 7.037
acres situated in the J.G. Allen Survey, Abstract No. 18.
LOCATION: Southeast corner of North Pearson Lane and Jordan Drive
WNER/APPLICANT: City of Southlake
CURRENT ZONING: "C2" Local Retail Commercial District
REQUESTED ZONING: "SF -IA" Single Family Residential District
LAND USE CATEGORY: Mixed Use (may include residential and office buildings, hotels, and
commercial and retail centers that serve local and regional needs)
NO. NOTICES SENT: Eight (8)
RESPONSES: One (1) written response was received from within the 200' notification
area:
• Johnnie F. Brumbalow, 3002 W. Southlake Blvd., Southlake, Texas,
in favor.
A petition was received for the original request stating that "owners of
Cimmarron Acres Addition oppose the replatting of block 3 as proposed.
We will not support these changes only if all property abutting Jordan
Street is rezoned residential." Three (3) petitioners are within the 200'
notification area:
• L.D. Tucker, 2517 McGee Street, Fort Worth, Texas 76112.
• Janet Tucker, 2517 McGee Street, Fort Worth, Texas 76112.
• A.D. Gibson, 6401 Bradley Avenue, Suite E, Haltom City, Texas
7B-1
76117.
Two (2) petitioners are not within the 200' notification area:
• Larry Kates, 3301 Gray Lane, Southlake, Texas.
• James Anderson, 3220 W. Southlake Boulevard, #N, Southlake, Texas.
P & Z ACTION: August 15, 1996; Approved (7-0) applicant's request to table until the
September 5, 1996 Planning & Zoning Commission Meeting.
September 5, 1996; Approved (7-0) applicant's request to table until the
October 3, 1996 Planning & Zoning Commission Meeting.
October 3, 1996; Approved (6-0).
COUNCIL ACTION: October 15, 1996; Approved (7-0), First Reading, Ordinance No. 480-
213.
STAFF COMMENTS: Please note that a change of zoning to the "SF -IA" Single Family
Residential District does not require a Concept Plan Review by Staff.
Attached is a Petition to Modify Plat Restrictions (received 10-03-96)
signed by fourteen (14) residents of Cimmarron Acres, requesting to
modify the restrictions pertaining to the plat of Cimmarron Acres as
recorded in Volume 388-181, Page 8, Tarrant County Plat Records.
L:\WP-FILES\MEMO\96CASES\96-097Z.WPD
IN
7B-2
PETITION TO MODIFY PLAT RESTRICTIONS
STATE OF TEXAS
COUNTY OF TARRANT
§
We the undersigned, being owners of the below described property in Cimmarron Acres,
hereby petition to modify the restrictions pertaining to the plat of Cimmarron Acres as recorded
in Volume 388-181, Page 8, Tarrant County Plat Records on January 9, 1985, modifying the
following restriction as it applies to Lots 5 and 6, Block 3, Cimmarron Acres:
"No access to Jordan Drive will be permitted from Lot 5 and Lot 6 of Block 3,"
to read as follows:
"Only lots with single-family residential zoning shall be permitted access to Jordan
Drive."
Following this modification, access to Jordon Drive will be permitted from Lot 5 and
Lot 6, Block 3 or platted revisions of Lot 5 and Lot 6, Block 3, provided that the lots have
single-family residential zoning. This petition shall be filed as a dedicatory instrument with the
county clerk of Tarrant County, Texas.
�W,
Witness my/our hands this
Lame
J
day of , 1996.
Lot Block Address
.;2- y 311 D 130ILL -N M
0
Q, WP-FILES\ESMT-ROW: PV\PV\CIMPETIT.ION - August 13. 1996
7B-3
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REC'D 0 C T 0 31996
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certify that the above instrument is a true
and correct copy of a petition to modify restrictions executed by the owners of at least seventy-
five percent (75%) of the real property in Cimmarron Acres, and that all record owners of
property in this subdivision were notified of this proposed modification by hand delivery or
regular mail.
1SUB CRIBED AND SWORN to before me the undersigned authority on this 90
day of , 1996.
-2)7 Azl
2o�PPv PUBc LAURIE M. SHEETS
* * Notary Public Notary Public in and or the State of Texas
s� 5 STATE OF TEXAS
o� t��P My Comm. Exp, 10/30/99
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-213
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAP4 TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING A
PORTION OF LOT 5 AND A PORTION OF LOT 6, BLOCK 3,
CIMMARRON ACRES ADDITION, BEING APPROXIMATELY
7.039 ACRES SITUATED IN THE JESSE G. ALLEN SURVEY,
ABSTRACT NO. 18, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "C-2" LOCAL RETAIL
COMMERCIAL DISTRICT TO "SF -IA" SINGLE FAMILY
RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL 'BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "C-2" Local Retail
Commercial District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
WHEREAS the CityCouncil of the City f uthlake Texas at a public hearing called b yo So p r1 gc y
the City Council did consider the following factors in making a determination as to whether these
L: \CTYDOCS\ORD\CASES\480-213. SF
Page I 7B-8
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location, lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress acid egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the view
to conserve the value of the buildings, and encourage the most appropriate use of the land throughout
this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of those
who bought or improved property with reference to the classification which existed at the time their
original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate light and air, prevents the over-
crowding of land, avoids undue concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there has been
a change in the conditions of the property surrounding and in close proximity to the tract or tracts
of land requested for a change since the tract or tracts of land were originally classified and therefore
feels that the respective changes in zoning classification for the tract or tracts of land are needed, are
called for., and are in the best interest of the public at large, the citizens of the city of Southlake,
Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City
of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended,
is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed
and amended as shown and described below:
L: \CTYDOCS\ORD\CASES\480-213. SF 1
Page 2 7B-9
Being a portion of Lot 5 and a portion of Lot 6, Block 3, Cimmarron Acres Addition,
`�•- being 7.039 acres situated in the Jesse G. Allen Survey, Abstract No. 18, and more
fully and completely described in Exhibit "A" attached hereto and incorporated
herein, from "C-2" Local Retail Commercial District to "SF -IA" Single Family
Residential District.
Section 2. That the City Manager is hereby directed to correct the Official Zoning map
of the City of Southlake, Texas, to reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or tracts of land herein above
described shall be subject to all the applicable regulations contained in said Zoning Ordinance and
all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not
amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
Section 4. That the zoning regulations and districts as herein established have been
made in accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land;
to avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water, parks and other commercial needs and development
of the community. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the City of
Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are in direct conflict with the
provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall not affect the validity of the zoning
of the balance of said tract or tracts of land described herein.
Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
Section 8. All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether pending in court
L:\CTYDOCS\ORD\CASES\480-213.SFI
Page 3 7B-10
OR
or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
Section 9. The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any
of its provisions, then the City Secretary shall additionally publish'this ordinance in the official City
newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13
of the Charter of the City of Southlake.
Section 10. This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the Ist reading the
MAYOR
ATTEST:
day of , 1996.
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1996.
MAYOR
L:\CTYDOCS\ORD\CASES\480-213.SF1 7B-11
Page 4
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
L:\CTYDOCS\ORD\CASES\480-213.SFI
Page 5 713-12
EXHIBIT "A"
Being a portion of Lot 5 and Lot 6, Block 3, Cimmarron Acres Addition to the City
of Southlake, as recorded in Volume 388-181, Page 08, Plat Records, Tarrant
County, Texas, said real property being situated in the Jesse G. Allen Survey,
Abstract No. 18, and being more particularly described by metes and bounds as
follows:
BEGINNING at the northwest corner of Lot 6, Block 3 of said Cimmarron Acres
Addition;
THENCE N 90000'00" E, along the south right-of-way line of Jordan Drive at
200 feet passing the northwest corner of said Lot 5, and continuing in
all a distance of 860.69 feet, to a point of curvature of a circular curve
concave to the northeast having a radius of 50.00 feet, a central angle
of 133117'22", and a long chord bearing N 76028'42" E, a distance
of 91.81 feet;
THENCE Southeasterly and Northeasterly, along said curve an arc length of
116.32 feet, to a point for corner;
THENCE S 8001 1'53" E, a distance of 332.28 feet, to a point for corner;
THENCE S 00104'36" W, a distance of 203.42 feet, to a point for corner;
THENCE 89038' 1 1 " W, a distance of 1277.46 feet, to a point for corner in the
east line of Pearson Lane;
THENCE N 00°00'00" E, a distance of 246.63 feet, to the POINT OF
BEGINNING, and containing 306,603 square feet, or 7.039 acres of
land, more or less.
L:\CTYDOCS\ORD\CASES\480-213.SF1
Page 6 7B-13
City of Southlake, Texas
STAFF REPORT
November 1, 1996
CASE NO: ZA 96-134 PROJECT: Concept Plan - The Village at Timarron
STAFF CONTACT: Karen Gandy, Zoning Administrator, 481-5581, ext. 743
Dennis Killough, Planner I, 481-5581, ext. 787
REQUESTED ACTION: Concept Plan of The Village at Timarron, being legally described as
being Lot 1C2 and a portion of Lots 1B2 and lA2A, Block 1, Dilg
Place, being approximately 7.627 acres situated in the Obediah W.
Knight Survey, Abstract No. 899.
LOCATION: South side of West Southlake Blvd. (F.M. 1709) at the southeast
corner of W. Southlake Blvd. (F.M. 1709) and the proposed Byron
Nelson Parkway
OWNER: Timarron Land Corporation
' PPLICANT: Drews Realty Group
01
CURRENT ZONING: "P.U.D." Planned Unit Development District with "C-2" uses,
P.U.D. No. 1, Timarron
LAND USE CATEGORY: Medium Density Residential (may include limited low intensity
office and/or retail uses)
CORRIDOR
RECOMMENDATION: Existing Retail Zoning
NO. NOTICES SENT: Nine (9)
RESPONSES: One (1) response was received outside the 200' notification area:
• Tom Miller, Diamond Ltd.4217 Breenbrier Dr., Dallas, Texas, in
favor.
P & Z ACTION: October 17, 1996; Approved (5-0) subject to the October 11, 1996
Staff Review Summary, correcting the bufferyard along Byron
Nelson Parkway to read "30' Type C" (after discussions with the
applicant), deferring the decision on all internal bufferyards addressed
in item #613 until the site plan phase of development and requiring a
solid, masonry wall on the East; deleting items #913 (driveway
spacing on F.M. 1709) to allow spacing as shown; deleting #9C
(driveway throat depth), but removing the five (5) closest parking
7C-1
stalls adjacent to the driveway on F.M. 1709 and the three (3) closest
parking stalls adjacent to the both drives on Byron Nelson Parkway;
and deleting #9E (traffic impact analysis).
STAFF COMMENTS: Attached is Staff Review Summary No. 2 dated November 1, 1996.
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tiS
5.
State of Texas
5.
AG
6.
State of Texas
6.
AG
7.
J. Richards
7.
AG
8.
State of Texas
8.
AG
9-11
State of Texas
9-11
AG
REPRESENTATIVE #9
12.
State of Texas
12.
AG
AURA MIKLOSKO
13.
14-15
J. Baker
J. Baker
13.
14.
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SF-1A
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SPIN REPRESENTATIVE #10
— _ -
99 1 7a
16-19
20.
Carroll ISD
Timarron Land Corp.
16-19
20.
PUD
PUD
AL MORIN
21.
City of Southlake
21.
AG
7C_4
22.
City of Southlake
22.
AG
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Review No: 3�n Date of Review:11/01/96 1
Project Name: onot plan - The Village at Timarron. Phase I_ Ii. & II, of the proposed Revised
Preliminary Plat Lots 2,3 & 4, Block 60 Timarron Addition Phase 5
. t;76) row
:_
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/29/96 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR
NEED FURT*MR CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) "1-5581, EXT. 787.
1. The following changes are needed with regard to adjacent properties within 200%
A. Show platted and unplatted properties along the north line of F.M. 1709. Include the owner's
name, zoning and land use designation (L.U.D.).
B. Correctly show F.M. 1709 R.O.W. (130'f) and pavement (85'f).
2. Show the approximate extent of existing tree cover on the site.
3. The following changes are needed with regard to bufferyards:
A. Identify the paved structure located on the west between Lots 2 and 3. The paved structure
encroaches the west bufferyard along Byron Nelson. Only passive uses such as pedestrian
walkways are allowed within the bufferyards as long as no plantings or width is eliminated.
B. Provide the following required bufferyards:
(P & Z FICTION 10/17197. defer the decision on all internal bufferyards until the site plan
phase of development)
1. Lot 2 - 5' Type `A' along the north line; adjacent to Lot 3.
2. Lot 3 - 5' Type `A' along the south line, adjacent to Lot 2.
3. Lot 3 - 5' Type `A' along the northerly line, adjacent to Lot 4.
4. Lot 3 - 5' Type `A' along the west line, adjacent to Lot 4.
5. Lot 4 - 5' Type `A' along the south line, adjacent to Lot 3.
6. Lot 4 - 5' Type `A' along the east line, adjacent to Lot 3.
7C-5
City of Southiake, Texas
CI
The following changes are needed with regard to proposed driveways into the site:
A. The minimum spacing allowed between full access driveway centerlines along F.M. 1709 is
500'. The spacing provided between the proposed driveway intersecting F.M. 1709 and an
existing off -site driveway to the east is approximately 200'.
$. The proposed driveway intersecting F.M. 1709 must be a minimum of 500' from the southeast
intersection of F.M. 1709 and Byron Nelson Pkwy. The spacing provided appears to be
approximately 365'. (P,& ZACTION 10/17197: delete to allow spacing as shown)
C. The minimum driveway throat depth required for each driveway into the site is 100'. The
provided throat depths are as follows: (P & ZACTION 10/17197. delete, but remove the five (5)
closest parking stalls adjacent to the driveway on F.M. 1709 and the three (3) closest parking
stalls adjacent to the both drives on Byron Nelson Parkway.)
Driveway intersecting F.M. 1709 -40'±
Northerly Driveway intersecting Byron Nelson Pkwy. - 30'f
Southerly Driveway intersecting Byron Nelson Pkwy. - 50'f
D. The common access easement located on the northerly driveway intersecting Byron Nelson
Parkway, stubbing into the south line of Lot 4 must be centered on and 2' wider than the entire
width of the proposed driveway.
E. Based on the number of parking spaces per proposed driveway entrance on the site, a traffic
impact analysis is required. (P & ZACTION 10/17197: delete)
Show the proposed and existing easements according to the revised preliminary plat submitted for this
site.
P & ZACTION.-
October 17,- 1996; Approved (5-0) subject to the October 11, 1996 Staff Review
Summary, correcting the bufferyard along Byron Nelson Parkway to read "30' Type
C" (after discussions with the applicant), deferring the decision on all internal
bufferyards addressed in item #6B until the site plan phase of development and
requiring a solid masonry wall on the East, deleting items #9B (driveway spacing on
FM.1709) to allow spacing as shown; deleting #9C (driveway throat, depth),, but
removing the five (5) closest parking stalls adjacent to the driveway on F.M. 1709 and
the three (3) closest parking stalls adjacent to the both drives . on Byron Nelson
Parkway, and deleting #9E (traffic impact analysis).
All buildings on Lot 2 and Lot 3 which exceed 20' in height. (UBC standard measurement) or exceed
one story must be setback from the east property line such that no portion of the buildings encroach
above a 4 : 1 slope line.
Interior landscaping is not reviewed at the concept plan level due to connections with building floor
area. However, the landscape area required in landscape parking islands is clearly deficient and should
be addressed based on the parking spaces shown. A minimum of 13 square feet of landscape parking
island per parking stall is required (approx. 1 - 9'x 18' parking island per 12 parking stalls).
This review is based on the "C-2" Zoning District Regulations.
7C-6
City of Southlake, Texas
* Although no review of the following issues is provided at the concept plan level, staff strongly
recommends that the applicant evaluate the site for compliance with the following sections of the city
ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site
plan review and that the applicant is responsible for compliance with all site plan requirements.
• Vertical and horizontal building articulation (required on the north, east, south, and west building
facades) per §43.9CIe, Ordinance 480, as amended.
• Masonry requirements per §43.9CIa, Ordinance 480, as amended and Masonry Ordinance No. 557.
• Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C
on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior
landscaping in §43.90h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended
• Residential adjacency standards per §43.11 and Exhibit 43-E on Page 43-15, Ordinance 480, as
amended.
• Spill -over lighting and noise per §43.12, Ordinance 480, as amended.
• Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for
vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480,
as amended.
• Fire lanes must be approved by the City Fire Department. The City Fire Marshall's review of this
plan has been forwarded to the applicant and consultant with this review.
* The applicant should be aware that prior to issuance of a building permit, a final plat must be submitted
for approval and filed in the County Plat Records, a site plan, landscape plan, and irrigation plan along
with the building plans must be submitted for approval and all required fees must be paid. This may
include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact
and Tap Fees, and related Permit Fees.
A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709.
* Denotes Informational Comment
cc: Venus (Drews)`Partners V, L.P.
T.L. Callaway Architects
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STAFF REPORT
November 1, 1996
CASE NO: ZA 96-135 PROJECT: Revised Preliminaa Plat of the Proposed Lots 2. 3. and 4.
Block 60 Timarron Addition. Phase 5
STAFF CONTACT: Tom Elgin, Planner II, 481-5581, ext. 753
Dennis Killough, Planner I, 481-5581, ext. 787
REQUESTED ACTION: Revised Preliminary Plat of the proposed Lots 2, 3, and 4, Block 60,
Timarron Addition, Phase 5, being legally described as being Lot 1 C2
and a portion of Lots 1132 and IA2A, Block 1, Dilg Place, being
approximately 7.627 acres situated in the Obediah W. Knight Survey,
Abstract No. 899.
LOCATION: South side of West Southlake Blvd. (F.M. 1709) at the southeast
corner of W. Southlake Blvd. (F.M. 1709) and the proposed Byron
Nelson Parkway
OWNER AND APPLICANT: Timarron Land Corporation
CURRENT ZONING: "P.U.D." Planned Unit Development District, being P.U.D. No. 1,
Timarron
LAND USE CATEGORY: Medium Density Residential (may include limited low intensity
office and/or retail uses)
CORRIDOR
RECOMMENDATION: Existing Retail Zoning
NO. NOTICES SENT: Nine (9)
RESPONSES: One (1) response was received outside the 200' notification area:
• Tom Miller, Diamond Ltd 4217 Breenbrier Dr., Dallas, Texas, in
favor.
P & Z ACTION: October 17, 1996; Approved (5-0) subject to the October 11, 1996
Staff Review Summary deferring item #3 (revised water, sewer, and
drainage plans) and item #5a (drainage and utility easements per the
Public Works Department) until after site plan approval for each lot.
STAFF COMMENTS: Attached is Staff Review Summary No. 1 dated October 11, 1996.
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5. State of Texas 5. AG
6. State of Texas 6. AG
7. J. Richards 7. AG
8. State of Texas 8. AG
9-11 State of Texas 9-11 AG
SPIN REPRESENTATIVE #9 12. State of Texas 12. AG
T.AURA MIKLOSKO 13. J. Baker 13. AG
14-15 J. Baker 14. SF-lA
REPRESENTATIVE # 10 — ' 1 . 16-19 Carroll ISD 16-19 PUD
97 12, 20. Timarron Land Corp. 20. PUD
AL MORIN 21. City of Southlake 21. AG
7D-3 22. City of Southlake 22. AG
City of Southlake, Texas
1u18_. t
;ase No: ZA 96-135 Review No: One Date of Review: 10/11/96
APPLICANT: ENGINEER:
Timarron Land Corporation Carter & Burgess, Inc.
300 E. Carpenter Freeway. Suite 1425 7950 Elmbrook Drive, Suite 250
Irving, Texas 75062 Dallas, Texas 775247
Phone: 214) 791-3333 Phone: (214) 638-0145
Fax: (214) 541-0800 Fax: (214) 638-0447
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/23/96 AND WE OFFER
THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL
UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER
CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787.
1. Please place "Case No. ZA 96-135" in the lower right corner of the plat.
2. Add "Lots 2-4, Block 60" to the title block.
3. Provide a revised preliminary water, sewer and drainage plan based on the proposed lot
configurations.
The following changes are needed with regard to adjacent properties.
a. Show and label all properties across FM 1709 which are within 200' with owner name and
deed record or plat record if platted.
b. Label the City of Southlake property as "Approved Preliminary Plat, City of Southlake
Municipal Complex". Also label "Zoning = CS, LUD = Med. Density Residential".
C. Show and label the 7.5' U.E. along the west line of Dilg Place and the 30' Ingress and Egress
easement also in Dilg Place.
d. Label the Lot 1, Block 61 as "Zoned R-PUD with 0-1 uses and LUD=Mixed Use".
5. The following changes are needed with regard to easements:
a. Provide drainage and utility easements in accordance with the recommendations of the public
works department. In particular, there should be a 10' U.E. along any water lines within the
development intended to provide fire hydrants.
b. Provide a Common Access Easement at Byron Nelson Parkway between Lots 3 and 4.
Provide a quantitative land use schedule in accordance with section 3.02-C-30 of the Subdivision
Ordinance No. 483.
7D-4 '
City of Southlake, Texas
7. The dimensions of the line between lot 2 and 3 do not match the dimensions shown on the Concept
Plan.
The applicant should be aware that new submittals for the next scheduled meeting must be received
at the City by 5:00 PM on 10/21/96. If not received by that time, no review will be prepared until
the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an11 "x 17"
revised reduction must be provided.
Denotes Informational Comment
cc: Timarron Land Corporation
Carter & Burgess, Inc.
L:\WP-FILES\REV\96\96-135PP.WPD
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7D-6
City of Southlake, Texas
STAFF REPORT
November 1, 1996
CASE NO: ZA 96-121 PROJECT: Site Plan / Lot 2, Block 1- Southlake Center at Kimball
STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743
Dennis Killough, Planner I, 481-5581, ext. 787
REQUESTED ACTION: Site Plan for The Southlake Center at Kimball on property legally described as
being approximately 1.7136 acres, being a portion of Lot 1, Block 1, Carrick
Press Addition, situated in the Thomas Easter Survey, Abstract No. 474 and in
the G. W. Main Survey, Abstract No. 1098, being a portion of Tract 2B.
LOCATION: South side of the intersection of Bluebonnet Drive and East Southlake
Boulevard (F.M. 1709)
OWNERJAPPLICANT: Southlake Kimball Venture Ltd.
CURRENT ZONING: "C-3" General Commercial District
AND USE CATEGORY: Mixed Use (may include office buildings, hotels, and commercial and retail
centers that serve local and regional needs)
CORRIDOR
RECOMMENDATION: Retail Commercial (same as in CS, 0-1, C-1, C-2, C-3 districts)
NO. NOTICES SENT: Eight (8)
RESPONSES: One (1) was received from the 200' notification area:
• Janice Miller, 165 S. Kimball Ave, Southlake, Texas in favor.
P & Z ACTION: September 19, 1996; Approved (7-0) to table until October 3, 1996 Planning
and Zoning Commission meeting.
October 3, 1996; Approved (4-2) subject to Staff Review Summary No. 2 dated
September 27, 1996, deleting Item # 3A (requiring 75% of required interior
landscaping area be in the front and along the sides of the building).
COUNCIL ACTION: October 15,1996; Approved (7-0) applicant's request to table the request until
the November 5,1996 City Council meeting and to continue the public hearing.
ITAFF COMMENTS: The applicant has met all items in Staff Review Summary No. 1 dated
September 13, 1996, and Staff Review Summary No. 2 dated September 27,
1996, and Staff Review Summary No. 3 dated October 11, 1996, with the
7E-1
exception of those items in the attached Staff Review Summary No. 4 dated
November 1, 1996.
L:\WP-FELES\MEMO\96CASES\96-121SP.WPD
7E-2
A
SOUTHLAKE KIMBALL VENTURE, LTD.
11300 N. Central Expressway
Suite 407
Dallas, Texas 75243
(214) 696-5270
October 28, 1996
The Mayor and City Council Members
of The City of Southlake
c/o Mr. Greg Last
Director of Community Development
City of Southlake
667 N. Carroll Avenue
Southlake, Texas 76092
RE: Case No.: 2A96-121
Site Plan - The Southlake Center at Kimball,
Lot 2, Block 1, Perry/Allen Addition
Ladies and Gentlemen:
Thank you for your comments and input regarding the site plan referenced
above. We appreciate having the time to re -submit our site plan to you.
It is our goal that our project conform to the planning standards of the
City of Southlake. To that end, we have revised the site plan to conform to the
Staffs' letter of October 11, 1996, items 2A and 2B.
2A: Interior Landscaped Area has been revised so that 75% of the
required area shall be in the front and along the sides of the
building.
2B: Landscape Parking Islands have been added to the four rows of
parking to the North and the South of the building.
Regarding Item 3 we have added vertical articulation to the rear wall and
the rear wall facade will be of brick. We have also met the articulation
requirements for the front and side walls both horizontally and vertically. We
would still request that the City of Southlake waive the requirement for
horizontal articulation of the rear wall as this wall is not visible from
Southlake Boulevard or from the resident some 400 feet to the South.
The area South of our South parking lot will be left in its native tree and
grass cover. We would ask that the Staff evaluate our need for an underground
irrigation system in this location. It has been pointed out to us that ditching
for irrigation could possibly do more harm than good.
Again, it is our desire that this project comply in all respects to the
City's standards and to create an attractive facility that will be successful
not only for ourselves but for the City of Southlake as well.
Best Regards,
SOUTHLAKE KIMBALL VENTURE, LTD.
Randy Pe y
7E-3
RECD OCT 2 81996
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SPIN REPRESENTATIVE #7
DARRELL FAGLIE
7E-5
„C- „
City of Southlake, Texas
'lase No.: ZA 96-121 Review No: Four Date of Review:11/01/96
01
Project Name: Site Plan - The Southlake Center at Kimball. Lot 2 Block 1, Pem Allen Addition
being approximately 1M36 acres
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CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON Ol /28/96 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787.
1. Correct the area of provided landscape shown below the landscape calculation chart. Based on the
information shown on the graphic it appears that the total landscape area provided is 15565 s.f. and the
area provided at the front and sides of the building is 5354 s.f which meets the 75% of the required area
at the front and sides of the building (req'd landscape area = 7125, 75% of 7125 = 5344 s.f at front and
sides of bldg.)
2 Provide horizontal and vertical articulation of the north, east, south, and west facades of the building
according to the requirements Ordinance 480-S, Section 43.9.c. Le. Compliance with the articulation
requirements are listed in the attached Articulation Evaluation chart.
P & ZACTION: September 19, 1996, Approved (7-0) to table until October 3, 1996 Planning and
Zoning Commission meeting.
October 3, 1996, Approved (4-2) subject to Staff Review Summary No. 2 dated
September 27, 1996, deleting Item # 3A (requiring 75% of required interior
landscaping area be in the front and along the sides of the building).
COUNCIL ACTION. October 15, 1996, Approved (7-0) applicants request to table the request until the
November 5, 1996 City Council meeting and to continue the public hearing.
No review of proposed signs is intended with this site plan. A separate building permit is required prior
to construction of any signs. No review of the landscaping is intended with this Site Plan. Landscape
and irrigation plans meeting the requirements of Ordinance No. 544 will be required prior to the
issuance of a building permit.
It appears that this property lies within the 75 T DN D/FW Regional Airport Overlay Zone will require
construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance
No. 479.
7E-6
City of Southlake, Texas
* The applicant should be aware that prior to issuance of a building permit a Plat must be processed and
filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building
plans must be submitted for approval and all required fees must be paid. This may include but not be
Or limited to the following fees: Park Fee, Roadway, Water & Sewer Impact and Tap Fees, and related
Permit Fees.
A letter of permission from the adjacent property owner(s) on the west must be obtained prior to
issuance of a building permit for the construction of the off -site pavement and a permit from TxDOT
must be obtained prior to any curb cut along F.M. 1709.
Please be aware that any change of tenant/owners with a request for a new C.O. will require that all
parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall
be per the Fire Department's requirements.
* Denotes Informational Comment
att: Articulation Evaluation chart
cc: Southlake Kimball Venture Ltd.
Robert W. Kelly Architect, Inc.
SPA
7E-7
Articulation Evaluation No.4
Case No. ZA 96-121 Date of Evaluation: 11/01/96
Elevations for Southlake Center at Kimball, Lot 2, Block 1 Perry/Allen Additionr Received 10/28/96
Cwst - facing: North Wall ht. = 20
Max. wall length
Min. artic. offset
Min. artier length
R. Side - facing:
Max. wall length
Min. artic. offset
Min. artic. length
L. Side - facing
Max. wall length
Min. artic. offset
Min. artic. length
Rear - facing:
L. wall length
Min. artic. offset
Min. artic. length
Horizontal articulation
Required Provided Delta
60 60 0%
3 3 0%
12 18 50%
West Wall ht. = 24
Horizontal articulation
Required Provided Delta
72 40 44%
4 4 0%
10 36 260%
East Wall ht. = 24
Horizontal articulation
Required Provided Delta
72 40 44%
4 3 25%
10 36 260%
South Wall ht. = 17
Horizontal articulation
Required Provided Delta
51 186 265%
3 0 100%
13 0 100%
7E-8
Vertical articulation
Okay?
Required Provided
Delta
Okay?
Yes
60 60
0%
Yes
Yes
3 4
33%
Yes
Yes
12 18
50%
Yes
Vertical articulation
Okay?
Required Provided
Delta
Okay?
Yes
72 40
44%
Yes
Yes
4 4
0%
Yes
Yes
10 36
260%
Yes
Vertical articulation
Okay?
Required Provided
Delta
Okay?
Yes
72 40
44%
Yes
No
4 4
0%
Yes
Yes
10 36
260%
Yes
Vertical articulation
Okay? Required Provided
No 51 51
No 3 4
No 12 17
Delta
Okay?
0%
Yes
33%
Yes
42%
Yes
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City of Southlake, Texas
STAFF REPORT
November 1, 1996
CASE NO: ZA 96-117 PROJECT: Site Plan - Versailles Private Pool Facility
STAFF CONTACT: Karen Gandy, Zoning Administrator, 481-5581, ext. 743
Dennis Killough, Planner I, 481-5581, ext. 787
REQUESTED ACTION: Site Plan for a Private Pool Facility on property legally described
as Common Area No. 1 (Community Center), Lot 1, Block 1,
Versailles, being approximately 0.42 acres situated in the J. W.
Hale Survey, Abstract No. 803.
The facility will include a 25 meter pool ("junior olympic" size)
and deck area, totaling approximately 9,400 s.f. and a single
story, 1.152 s.f. covered pavilion with dressing and restroom
facilities.
LOCATION: Northeast corner of the intersection of South Carroll Ave. and
Bordeaux Court
OWNER/APPLICANT: Versailles, Inc.
CURRENT ZONING: "PUD" Planned Unit Development District with 104 residential
lots.
LAND USE CATEGORY: Medium Density Residential (may include limited low intensity
office and/or retail uses)
NO. NOTICES SENT: Four (4)
RESPONSES: None
P&Z ACTION: September 19, 1996; Approved (7-0) subject to Staff Review
Summary No. 1 dated September 13, 1996 amended as follows:
continuing landscape screening on the northern side up to parking
spaces as discussed; modifying Item #7D (requiring 1 space per
500 s.f. of deck and pool surface area) to reflect parking spaces as
proposed and allowing them to be moved closer to the pool area
to keep them out of the right of way; deleting Item # 10
(prohibiting "head -in" parking); deleting Item # 11(requiring
driveway spacing, throat depth and design in accordance to
V-I
City of Southlake, Texas
driveway ordinance); deleting Item #12 (requiring a 25' side
setback along the north property line); amending Item # 13
(prohibiting building encroachment into 25' setback on the north)
to allow building to be setback 17' from the north property line.
CITY COUNCIL ACTION: October 1, 1996; Approved to table and to continue the Public
Hearing to the November 5, 1996 City Council meeting.
STAFF COMMENTS: The applicant has met all items in Staff Review Summary No. 1
dated September 13, 1996, and Staff Review Summary No. 2
dated September 27, 1996, with the exception of those items in
the attached Staff Review Summary No. 3 dated November 1,
1996.
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No: ZA16M
Project Na
Review No:.Three
Date of Review: 11/01/96
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Phone: 638-0145
CITY,STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON io/21/96 AND wE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS' ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YdU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 48-1-5581, EXT. 787.
1. The following changes are needed with regard.to the Site Data Summary Chart
A. Show the mquired parking area to reflect 1 space per 500 st of deck and pool surface area.
This would appear to require 19 parking .spaces.(P&Z Action 9119196. modify to reflect
parking spaces as proposed and allowing them to be 'moved closer to the pool area to keep
them out of the right of way) Please note that the parking has been significantly changed from .
the original configuration acted upon by the Planning and Zoning Commission. The original
plan showed 9 "head in" spaces within the public R.O. W..
B. Correct the provided number of parking spaces to match the plan..
.2. Provide "off street' parking.in accordance with the Zoning Ordinance No. 480, as amended. Required
parking should be determined at 1 space per 500square feet of deck and pool .area as determined by
the City Zoning Administrator. It appears that 19 parking spaces would be required for this site,. (P&Z
Action 09/96: delete) Please note that the parking has been significantly changed from the original
eonfiguration.acted upon by the Planning and Zoning Commission.. The original plan showed 9 "head
.in" spaces within the public A.0.W...
3. Provide driveways for ingress/egress in accordance with the non-residential driveway requirements
of the Driveway Ordinance No. 634. The proposed driveways do not comply as follows: (P&ZAction
9119196: delete)
A. The proposed southerly driveway centerline intersecting Lorraine Drive must be spaced a
minimum of I W from the northwest intersection of Lorraine Drive and Versailles Drive. The
provided spacing is. approximately 40'_
B. The two proposed driveway centerlines intersecting Lorraine Drive must be spaced a
minimum of l00' apart. The provided spacing is approximately 75'.
7F &
city of uoutniaice, Texas
C. The minimum driveway throat depth for traffic stacking must be 1.0' (measured from R.O.W.
to the first point at which a turning movement can be made). The provided depth is
approximately 2'.
D. The minimum driveway -width must be 24'. The provided driveway width for both driveways
is approximately,12'.
E. The minimum curb return radius must be 10. The proposed curb returns have a radius of 5'.
4. Correctthe north building setback line to 25'. (P&ZAction 9119196. delete)
5. Correct the location of the proposed building such that it does not encroach the required 25' setback
line along the north. (P&ZAction 9119196 allow building to be setback 17' from the north property
line)
P&ZAC'TION.September 19, 1996, Approved (7-0) subject to Staff Review Summary No. I dated
September 13, 1996 amended as follows: continuing landscape screening on the
northern side up to parking spaces as discussed, modi,&ng Item #7D to reflect parking
spaces as proposed and allowing them to be moved closer to the pool area to keep
them out of the right of way, deleting Item #10, deleting Item .#11; deleting Item #12;
amending Item #13 to allow building to be setback 17' from the north property line.
This review is based on the "CS" Zoning District..
Delete plant locations and specific species from the plan. No review of the landscaping is intended
-with this plan. Landscape and irrigation plans meeting the requirements of Ord. 544 will be required
prior. to the issuance of a building permit.
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* The applicant should be aware that.prior to issuance of a building.permit a fully corrected site plan,
landscape plan, irrigation plan, and building plans, must be submitted for approval and all required
fees must be'paid.. This may include, but not be limited to the following fees: Park. Fee, Perimeter
Street Fee, Water &'Sewer impact and Tap Fees, and related Permit Fees.
* Denotes Informational Comment
cc: Versailles Ltd
Carter & Burgess
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City of Southlake, Texas
CASE NO: ZA 96-71
STAFF CONTACT
STAFF REPORT
November 1, 1996
PROJECT: Specific Use Permit - Outside Storage: Great
Outdoors Landscaping
Karen Gandy, Zoning Administrator, 481-5581, ext. 743
Dennis Killough, Planner I, 481-5581, ext. 787
Attached is a letter from Carol Malone, Applicant for the above -referenced case, requesting that the
item be tabled until the City Council Meeting on November 19, 1996. Only the letter requesting the
tabling is included at this time. The entire packet will be forwarded when the case is given full
consideration.
L:\WP-FILES\MEMO\96CASES\96-07ITB.3
7G-1
I
VI
F
7G-2
City of Southlake, Texas
November 1, 1996
TO: Curtis E. Hawk, City Manager
FROM: Billy Campbell, Director of Public Safety
SUBJECT: Ordinance No. 643, 1st Reading, Repealing Ordinance No. 236,
Regulating Solicitation
Please find attached a copy of a proposed ordinance regulating solicitors. The revision is to
Ordinance No. 236 which was passed in August 1977 and has since become outdated. This ordinance
is to regulate solicitation within the confines of the city limits to include door to door, building to
building and along my street. The purpose of this ordinance is to protect the citizens from deceptive
practices, unwelcome disturbance and disruption of citizen privacy.
A synopsis of the ordinance is as follows:
- Section 2 provides definitions as related to the ordinance.
Section 3 requires registration of solicitors.
Section 4 outlines regulations for sponsors of minors. In this section we have tried to address
and allow those organizations such as the Boy Scouts, Girl Scouts, School Band, etc. an
opportunity to solicit, while stating that the sponsor is to provide to each minor a badge or
other form of identification which identifies the name of the sponsor and minor. Even if not
in a uniform, a citizen would be assured by the badge and registration process that the minor
actually represents the organization represented. We are requiring a $10 annual fee from
these types of organizations.
Section 5 outlines the application process.
Section 6 requires a bond from the company.
- Section 7 sets a $10 processing fee per person (exception Section 4).
Section 8 requires the review and registration acceptance by the City Secretary and
Department of Public Safety.
Section 9 explains the requirements to the solicitor as they relate to obtaining the registration
certificates and display of identification badges.
Ordinance No. 643
November 1, 1996
Page 2
Section 10 allows for and gives examples for denial of registration.
Section 11 states that the solicitor shall note engage in solicitation activities: (a)(1) between
the hours of 9:00 p.m. and 9:00 a.m.; (2) on public property without first obtaining
authorization from City Council; (3) at residences or businesses posting notice of no
solicitors.; and (b) if a vehicle is used it must be clearly signed as to the identity of the person,
company or organization it represents.
Section 12 allows the City the right to revoke or suspend registration.
Section 17 establishes the penalties for violation of this ordinance.
The City Attorney has reviewed this ordinance and we feel that the attached ordinance substantially
addresses all of our past concerns and future considerations, and provides several efficiencies and
safeguards not previously available.
�C.
(.:BC/bls
?-11-;L
ORDINANCE NO. 643
AN ORDINANCE REQUIRING REGISTRATION OF DOOR-TO-DOOR
SOLICITORS; REQUIRING IDENTIFICATION BADGES; PROVIDING
REGULATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION
IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section S of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the city council has determined that in order to protect the privacy of
its citizens and to prevent crime, including deceptive practices, fraud, and burglary, it is
necessary to register and regulate solicitors who conduct business by going door-to-door,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAIE, TEXAS:
SECTION 1.
(60", Purpose
The purpose of this ordinance is to protect the citizens against crime, , including
deceptive practices, fraud, and burglary, minimize the unwelcome disturbance of. citizens and
the disruption of citizens' privacy, and to preserve the public health, safety, and general
welfare by registering and regulating solicitors.
SECTION 2.
Definitions
In this ordinance:
CITY means the city of Southlake, Texas.
DIRECTOR means the director of public safety of the city or the director's
designated representative.
MINOR means a person under the age of 18.
C.,I\files\slake\ordinanc\solicit.002 (1-9-%)
?-- 6 -3
SOLICITATION ACTIVITIES means travelling either by foot or vehicle, going door-
to-door, house -to -house, building -to -building, or along any street in the city, personally
contacting occupants or other persons, selling or taking orders for or offering to sell or take
orders for goods or services for commercial purposes.
SOLICITOR means a person who engages in solicitation activities.
SECTION 3.
Registration required
A person, other than a minor, shall not engage in solicitation activities in the city
without first registering with the city and obtaining a registration certificate and identification
badge from the city secretary.
SECTION 4.
Registration for Sponsor of Minors
(a) A minor shall not engage in solicitation activities in the city except in
compliance with this section.
(b) A person, company, or organization that sponsors or employees one or more
minors as solicitors, shall apply for registration with the city. The sponsor shall pay a single
(60,11$10 annual fee.
(c) The sponsoring person, company, or organization shall:
(1) provide to. each individual minor, a badge or other easily readable form
of identification which identifies the name of the sponsor and the name of the minor;
(2) require all minors to wear the identification so that it is clearly visible
at all times when the minor is engaged in solicitation activities; and
(3) . be responsible for supervising and controlling the conduct of all minors
engaging in solicitation activities under the sponsor's registration.
SECTION 5.
Application.
A separate application for a solicitor's registration is required for each solicitor. An
application must be made under oath and must contain the following information:
(,,."f.\files\slakc\ordinanc\solicit.002 (1-9-%) 2
(a) proof of age, address, and identification of the applicant, to be provided
through the applicant's driver's license, articles of incorporation, or other legally recognized
form of identification;
(b) if the solicitor is employed by another, the name and business address of the
employer; if acting as an agent, the name, address, and telephone number of the principal
who is being represented, with credentials in written form establishing the relationship and
the authority of the empoyee or agent to act for the employer or principal;
(c) a brief description of the goods or services to be sold or offered for sale; and
(d) the hours and location of the solicitation activities;
(e) if the applicant has been convicted of a felony, misdemeanor, or ordinance
violation involving fraud, a sex offense, trafficking in controlled substances, or of any violent
acts against persons or property within five years preceding the date of application, a
description of each such conviction. The description shall include the date the offense
occurred, the date of the conviction, the location of the offense, the offense of which the
applicant was convicted, and the sentence received. For purposes- of this section, a
.conviction shall be deemed to have occurred if an applicant is ordered to be placed upon
deferred adjudication or community supervision.
Ce
possession of license (� proof of po any S cease or permit which, under federal, state, or
local laws or regulations, the applicant isrequired to have in order to conduct the proposed
business, or which, under any law or regulation, would exempt the applicant from the
registration requirements of this ordinance; and
(g) two photographs of the applicant, measuring at least 1 1/2" X 2" and showing
the head and shoulders of the applicant in a clear and distinguishing manner, which. shall
have been taken within the preceding 60 days before the filing of the application.
SECTION 6.
Bond
(a) Solicitors requiring cash deposits or payment for future delivery or who require
a contract of agreement to finance the sale of goods or services for future delivery, or for
services to be performed in the future, shall furnish to the city a bond with the application
in the amount determined in Subsection (c), signed by the applicant and surety company
authorized to do business in Texas, conditioned-
\files\slake\ordinanc\solicit.002 (1-9-%) 3
(awl,
(1) for the final delivery of goods or services in accordance with the terms
of any order obtained; and
(2) to indemnify purchasers for defects in material or workmanship that
may exist in the goods sold and that are discovered within 30 days after delivery;
(3) for the use and benefit of persons, firms, or corporations that may make
a purchase or give an order to the principal of the bond or to the agent or employee of the
principal of the bond.
(b) If the applicant is a person, firm, or corporation engaging in solicitation
activities through one or more agents or employees, only one bond is required for the
activities of all the agent or employee solicitors.
(c) The amount of the bond is determined by .the number of solicitors acting as
agents or employees of the same person, firm, or corporation as follows:
1-3 solicitors $ 500
4-6 solicitors 750
7 or more solicitors 1000
SECTION 7.
Fees and Duration
An applicant for registration shall pay an annual fee of $10 for each solicitor. A
solicitation registration is valid for one year.
SECTION &
Application Review and Registration Acceptance
(a) Upon receipt of an application, the city secretary and the director shall review
the application to ensure the protection of the public health, safety, and general welfare.
(b) If the city secretary and the director find the application to be satisfactory, the
city secretary shall authorize registration.
C."\filcs\slake\ordinanc\solicit.002 (1-9-96) 4
q— (a
SECTION 9.
Registration certificate and identification badge
. (a) Upon authorization of the registration and payment of the fee, the city
secretary shall deliver a registration certificate and identification badge for each registered
solicitor, and shall forward a copy of the certificate to the director.
(b) The registration certificate shall show the name, "address, and photograph of
the solicitor, the kind of goods or services to be sold or offered for sale, a description of any
vehicle to be used in carrying on the solicitation activities, the registration number, and the
dates of issuance and expiration of the certificate.
(c) The registration certificate must be carried by the solicitor while engaging in
solicitation activities.
(d) . While engaging in solicitation activities, a solicitor shall wear the identification
badge so that it may be easily read by those being solicited.: If a badge becomes damaged,
the solicitor shall return it to the city and receive a replacement badge.
(e) A registration certificate and an identification badge shall be used only by the
person to whom they were issued and may not be transferred to another person.
SECTION 10.
Denial of Registration
(a) The city secretary shall deny an application for registration if the city secretary
or the director finds any of the following to be true:
(1) The location and time, or manner of the solicitation activities would
interfere with the public's use of streets or endanger the safety and welfare of the solicitors
or their customers.
(2) An investigation reveals that the applicant falsified information on the
application.
(3) Within five years preceding the date of application, the applicant or an
employee or agent of the applicant, has been convicted of a felony, misdemeanor, or
ordinance violation involving a sex offense, trafficking in controlled substances, or any violent
acts against persons or property.
(60--t..\Ftics\slake\ordinanc\solicit.002 (1-9-%) 5
A_7
L'I
(4) The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit,. or misrepresentation has been entered within five years
preceding the date of application.
(5) The applicant provided no proof of authority to serve as agent for the
principal.
(6) The type of solicitation activity requires a bond, and the applicant has
not complied with the bond requirements.
(7) The applicant has been denied registration under this ordinance within
the previous 12 months, and the applicant has not shown to the satisfaction of the director
that the reasons for the earlier denial no longer eJdst.
(b) . A denial and the reasons for the denial shall be noted on the application, and
the applicant shall be notified of the denial by notice mailed to the applicant at the address
shown on the application or the last known address.
SECTION 11.
Regulations
(a) A solicitor shall not engage in solicitation activities:
(1) between the hours of 9:00 p.m. and 9:00 a.m.;
(2) on public property without first procuring authorization from the city
council, which will be withheld only when failure to do so would interfere with a compelling
interest of the city-, or
(3) at a residence or business that has a sign posted giving notice that
solicitors are not welcome, such as, "no solicitors", or words of similar meaning.
(b) If a person uses a vehicle in solicitation activities, there must be a sign located
in a conspicuous place on the vehicle, identifying the name of the person or the company
or organization that the person represents. If the name is an individual, it must be followed
by the word "solicitor". The lettering on the sign must be at least two and one-half inches
high.
(60"t.\filcs\slakc\ordinanc\solicit.002 (1-9-96)
0
SECTION 12.
(60.1 Revocation or Suspension of Registration
A registration certificate issued pursuant to this ordinance may be revoked or
suspended by the director, after notice and. hearing, for any of the following reasons:
(a) fraud, misrepresentation, or false statement contained in the application for
registration;
(b) fraud, misrepresentation, or false statement made by a solicitor in the course
of conducting solicitation activities;
(c) ' conducting solicitation activities which were not described in the application;
(d) conviction for a crime described in Section 8(a)(3);
(e) violation of the regulations described in Section 11; or
(f) conducting solicitation activities in such a manner as to create a public
nuisance, constitute disorderly conduct, or endanger the health, safety, or general welfare
of the public.
(60'.1
SECTION 13.
Appeals -
(a) A person who is denied registration or whose registration is revoked or
suspended by the director, may appeal the decision to the city manager by filing notice of
appeal with the city secretary within 15 days after the notice of the decision is mailed to the
address indicated on the application or the last known address of the solicitor.
(b) Within 10 days of the receipt of the notice of appeal, the city manager shall
set a time and place for a hearing on the appeal which shall be not later than 30 days from
the date of receipt of the notice of appeal.
(c) Notice of the time and place of the hearing shall be delivered to the appellant
by mail, sent to the address indicated on the application or the last known address of the
appellant.
(d) The decision of the city manager on the appeal is final. No other
administrative procedures are provided by the city.
(b.-IINrilcs\slakc\ordinanc\solicit.002 (1-9-%) 7
SECTION 14.
(low, Repeal Clause
Ordinance No. 236 is repealed.
SECTION 15.
Cumulative clause
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 other ordinances, in which event the conflicting provisions of the other
ordinances are hereby repealed.
SECTION 16.
Severability clause
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 17.
Penalty clause
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 $500 for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 18.
Pamphlet form publication clause
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 their production.
C.-I \files\slake\ordinanc\solicit.002 (1-9-%) 8
SECTION 19.
Newspaper publication clause
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this
ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture
for any violation of any of its provisions,, then the City Secretary shall additionally publish
this ordinance or its caption and penalty in the official City newspaper one time within ten
days after passage of this ordinance, as required by Section 3.13 of the Charter of the City
of Southlake.
SECTION 20.
Effective date clause
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
. 1996.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
. 19%.
MAYOR
ATTEST:
CITY SECRETARY
iles\stake\ordinanc\solicit.002 (1-9-96) 9
W'- A - 11
L-
FFEC,'TIVE:
APPROVED
AS TO FORM AND LEGALITY:
City Attomey
/f.\filcs\slake\oodinanc\solicit.002 (1-9-%) 10
City of Southlake, Texas
MEMORANDUM
November 1, 1996
TO: Curtis E. Hawk, City Manager
FROM: Billy Campbell, Director of Public Safety
SUBJECT: Ordinance No. 645, 1st Reading, Handbill Distribution
Please find attached a copy of a proposed ordinance regulating the distribution of handbills. We have
made a concerted effort to balance the First Amendment rights of the writer/distributor against the
community's interest in privacy and other quality of life concerns.
The City Attorney has reviewed this ordinance and Councilmember Harris has also commented in
several areas and his suggestions have been included.
There is no fee attached in registering under this ordinance. The ordinance merely serves as a tool
to document the distribution of handbills and to provide recourse in the event of misuse by the
distributor.
A synopsis of this ordinance is as follows:
Section 3 requires registration in the City.
Section 4 explains the application process.
Section 5 requires Department of Public Safety review.
Section 6 allows for the denial of a registration for specific reasons.
Section 7 allows the City Secretary the latitude in revoking and suspension of registration.
Section 8 provides for an appeals process through the City Manager or his appointed
designee.
Section 9 regulates the action and activities of the distributor to include a requirement of a
city disclaimer on the materials to be issued and the prohibition of adhesives to be used in
distribution.
Section 11 establishes the penalty for ordinance violation.
We recommend that Council consider this ordinance for approval.
�v
BC/bls
ORDINANCE NO. 645
AN ORDINANCE PROVIDING FOR THE REGULATION OF THE
DISTRIBUTION OF HANDBILLS IN THE CITY; REQUIRING
REGISTRATION OF THOSE WHO DISTRIBUTE HANDBILLS;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the careless distribution of handbills in neighborhoods results in the handbills
being carried by the wind to the yards and streets of the neighborhoods and contributes to litter
on the public streets and sidewalks within the City; and
WHEREAS, when such handbills are not affixed to the doors of the buildings at which
they are distributed, they may accumulate and when the occupants are out of town, may signal to
others that the residents are not home, thereby creating a situation which could invite burglary or
other crimes; and
WHEREAS, those persons who occupy homes or businesses are entitled to privacy and
to not receive handbills if they post notice that solicitors are not welcome; and
WHEREAS, there are ample alternative methods of communication for solicitors even
Shen the distribution of handbills is prohibited; and
WHEREAS, the City Council has determined in order to protect the privacy of its citizens
and to prevent crime, it is necessary to regulate the manner of distribution of handbills, while
preserving the people's constitutional right to receive and disseminate information.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SOUTHLAKE, TEXAS;
SECTION 1.
PURPOSE
The purpose of this ordinance is to protect the citizens against crime, including burglary,
to minimize the unwelcome disturbance of citizens and the disruption of citizens' privacy if they
have given reasonable notice that they do not wish to receive handbills or advertising matter, to
prevent unnecessary litter on the public streets and to preserve the public health, safety, and
general welfare by regulating the distribution of handbills throughout the city.
SECTION 2.
DEFINITIONS
"Distribute" means to place a handbill at the entry to a building, such as on the front door
or front porch.
"Handbill" means a sheet or sheets of paper, sample, circular or pamphlet which contains
printed, typed, photographed, or painted material and which contains a message or other
communication.
"Residence" means any location which is zoned for single-family or multi -family use.
SECTION 3.
REGISTRATION REQUIRED
It shall be unlawful for any person to distribute a handbill to any residence or building in
the City without first registering with the City Secretary; provided, however, that a person who
makes any distribution at the request of the occupant of the building is exempted from the
provisions of this Section.
SECTION 4.
APPLICATION
Every person wishing to distribute handbills shall register with the City Secretary, in
writing on a form to be furnished by the City Secretary, which shall provide the following
information:
(a) Proof of the identification of the registrant, to be provided through the registrant's
driver's license, or other legally recognized form of identification;
(b) The hours and location for which the registration is desired;
(c) A description of the purpose of the distribution; and
(d) If the applicant has been convicted of a felony, misdemeanor, or ordinance violation
involving fraud, a sex offense, trafficking in controlled substances, or of any violent acts against
persons or property within five years preceding the date of application, a description of each such
conviction. The description shall include the date the offense occurred, the date of the conviction,
the location of the offense, the offense of which the applicant was convicted, and the sentence
received. For purposes of this section, a conviction shall be deemed to have occurred if an
applicant is ordered to be placed upon deferred adjudication or community supervision.
2
SECTION 5.
REVIEW OF APPLICATION; CERTIFICATE
(a) Upon receipt of an application, the City Secretary shall review the application and
forward a copy to the Director of Public Safety. If it is satisfactory, the City Secretary shall
deliver a registration certificate to the applicant, which shall be valid for one year and forward
a copy of the certificate to the Director of Public Safety.
(b) The registration certificate shall show the name and address of the applicant, the
registration number, the dates of issuance and expiration of the certificate. It shall also contain
a statement in bold print that the holder of the certificate is not sponsored by, employed by, or
in any way representing the City.
(c) The registration certificate must be carried by the registrant while engaging in the
distribution of handbills.
(d) A registration certificate shall be used only by the person to whom it is issued and
may not be transferred to another person.
SECTION 6.
DENIAL OF REGISTRATION
(a) The City Secretary shall deny an application for registration if the City Secretary,
or the Director of Public Safety, finds any of the following to be true:
(1) An investigation reveals that the applicant falsified information on the
application.
(2) Within five years preceding the date of application, the applicant has been
convicted of a felony, misdemeanor, or ordinance violation involving fraud, a sex offense,
trafficking in controlled substances, or any violent acts against persons or property.
(b) A denial and the reasons for the denial shall be noted on the application, and the
applicant shall be notified of the denial by notice mailed to the applicant at the address shown on
the application or the last known address.
SECTION 7.
REVOCATION OR SUSPENSION OF REGISTRATION
A registration certificate issued pursuant to this ordinance may be revoked or suspended
by the City Secretary, after notice and hearing, for any of the following reasons:
(a) fraud, misrepresentation, or false statement contained in the application for
registration;
3
(b) conviction for a crime described in Section 6(a)(2);
ce
(c) violation of the regulations described in Section 9;
(d) conducting solicitation activities in such a manner as to create a public nuisance,
constitute disorderly conduct, or endanger the health, safety, or general welfare of the public; or
(e) conviction of an offense involving littering.
SECTION 8.
APPEALS
(a) A person who is denied registration or whose registration is revoked or suspended
by the City Secretary, may appeal the decision to the City Manager by filing notice of appeal with
the City Secretary within 15 days after the notice of the decision is mailed to the address indicated
on the application or the last known address of the registeree.
(b) Within 10 days of the receipt of the notice of appeal, the City Manager, or his
designee, shall set a time and place for a hearing on the appeal which shall be not later than 30
days from the date of receipt of the notice of appeal.
(c) Notice of the time and place of the hearing shall be delivered to the applicant by
mail, sent to the address indicated on the application or the last known address of the applicant.
(d) The decision of the City Manager on the appeal is final. No other administrative
procedures are provided by the City.
SECTION 9.
REGULATIONS
A person shall:
(a) not distribute a handbill at a residence that has a sign posted giving notice
that solicitors are not welcome, such as "no solicitors".
(b) not distribute a handbill between the hours of 9:00 p.m. and 9:00 a.m.
(c) not distribute a handbill which contains any reference that the City of
Southlake endorses or sponsors the activity or business, if any, described in the handbill and must
include a disclaimer on each handbill to be distributed that the City of Southlake does not endorse
the information contained in the handbill.
(d) affix each handbill to the doorknobs of the door of the building, if no one
(awl, is present, so as to secure the handbill from being blown or drifted about the premises or streets.
4
By way of example, a handbill may be affixed to the door by means of a rubber band or by
(40.1 placing the handbill in an envelope which is designed to fit over a doorknob.
A
(e) use of adhesives to post handbills is disallowed in the city limits.
SECTION 10.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resist the enforcement of any of the provisions of this ordinance shall be fined
not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 11.
The City Secretary of the City of Southlake is hereby directed to publish caption, penalty
clause, and effective date clause in the official newspaper at least once within ten (10) days after
the passage of this ordinance.
SECTION 12.
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 13.
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.
W
14M
I q_
SECTION 14.
This ordinance shall be in full force and effect after its passage and publication as required
by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
1996.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 1996.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney
n
t
ORDINANCE NO. 11)67
(w
AN ORDINANCE WHEREBY THE CITY OF SOUTHLARE, TEXAS, :%,ND GTE
SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE OF OPERATING
ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL,
CGNSTRUCT, L1ZCT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN,
ALONG, UNDER, OVER AND ACROSS, THE STREETS, AVENUES, ALLEYS,
BRIDGES, VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS,
POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES
AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF
TELECOMMUNICATIONS SERVICES IN SAID CITY AND FOR CONDUCTING A
GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS, PRESCRIBING
THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS -OF -WAY FOR THE
TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS, PRESCRIBING THE
QUARTERLY COMPENSATION DUE THE CITY UNDER THIS ORDINANCE,
PROVIDING THE RIGHT OF THE CITY TO USE CERTAIN FACILITIES OF THE
TELEPHONE COMPANY; SPECIFYING GOVERNING LAWS; PROVIDING FOR
ASSIGNMENT; PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID
AGREEMENT; PROVIDING FOR NOTICE; PROVIDING FOR BINDING EFFECT;
PROVIDING THAT THE ORDINANCE BE CUMULATIVE; PROVIDING FOR
GOVERNMENTAL IMMUNITY; PROVIDING FOR CONSENT AND ACCEPTANCE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CHOICE OF LAW AND
VENUE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;
PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER
O 6 - 1 1018961533
M
PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE RESOLUTION; AND
(WI PROVIDING FOR METHOD OF ACCEPTANCE.
WHEREAS, it is to the mutual advantage of both the City of
Southlake ("City") and GTE Southwest Incorporated ("Telephone
Company") that an agreement should be entered into between the
Telephone Company and the City establishing the consideration for
and conditions under which the Telephone Company shall construct,
maintain and operate its physical plant in the public rights -of -
way within the City's corporate limits in the future;
NOW, THEREFORE, BE IT ORDAINED BY TEE CITY COUNCIL OF THE CITY OF
(W SOUTHLARE, TEXAS, THAT:
SECTION 1. DEFINITIONS
Whenever used in this Ordinance, the following words and terms
shall have the definitions and meanings provided in this section:
(a) ACCESS LINES: For purposes of this Ordinance, an Access
Line shall be defined as any local line provided by Telephone
Company to a customer in the City which provides access to the
public switched network, including all single line residence,
party line residence, single line business, multi -line business,
Centrex, Centranet, key lines, ISDN lines, COCT lines, semi -
(moo, public pay telephone lines and PABX trunks or equivalents which
1018961533
are assigned to locations inside the corporate limits of the
City.
(b) CITY: The City of Southlake, Texas.
(c) FACILITIES: All Telephone Company duct spaces, manholes,
poles, conduits, underground and overhead passageways, and other
equipment, structures and appurtenances and all associated
Transmission Media, which are located in the City Rights -of -Way.
(d) RIGHTS -OF -WAY: All present and future public streets,
avenues, highways, alleys, bridges, viaducts, public
thoroughfares, public utility easements, public ways, public
grounds, and without limitation by the foregoing enumeration,
other public property within the city limits of the City. As
used herein, the term "Rights -of -Way" does not include facilities
dedicated to the provision of electrical power to citizens of the
City to the extent the City may own the power utility providing
electrical power in the City.
services of any nature, offered for sale by the Telephone Company
to subscribers in the City, which services are delivered to such
subscribers by transmission, between or among points not
specified by the Telephone Company, of information, voice or
WC-3
1018961533
otherwise, not chosen, created, or offered for distribution by
the Telephone Company, transmitted without change in form or
content of the information as sent and received, which
transmission is offered for sale by the Telephone Company in the
City, which services are provided in whole or part in the City
to any customers of any type whatsoever. "Telecommunications"
and "Telecommunications Services" do not include such services as
cable services, as defined in the Cable Communications Policy Act
of 1984 (47 U.S.C.A. § 521, et seq., amended) or as recognized by
the Federal Communications Commission or any other service
wherein content is selected for distribution by the Telephone
Company.
(f) TELEPHONE COMPANY: GTE Southwest Incorporated.
(g) TRANSMISSION MEDIA: All Telephone Company cables, fibers,
wires or other physical devices used to transmit and/or receive
communication signals, whether analog, digital or of other
characteristics, and whether for voice, video, or data or other
purposes, which are physically located in the City Rights -of -Way.
SECTION 2. CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT
AND SERVICE
(a) Pursuant to the laws of the State of Texas and this
Ordinance, the Telephone Company has the non-exclusive right and
60 -4
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1018961533
privilege to use and occupy the public rights -of -way in the City
for the purpose
u p rp of maintaining and operating its Transmission
Media used in the provision of Telecommunications Services and
the operation of a telecommunications system, subject to the
terms, conditions, and stipulations set forth in this Ordinance,
the Constitutions and laws of the United States and the State of
Texas and the City's Charter and Ordinances to the extent such
Ordinances are not in conflict herewith. The Telephone Company
is not authorized to provide cable television service as a cable
operator, as that term is defined in the Cable Communications
Policy Act of 1984, in the City without obtaining a separate
franchise from the City. The Telephone Company's Facilities and
Transmission Media used in or incident to the provision of
(W Telecommunications Services and to the maintenance of a
telecommunications business by the Telephone Company in the City
shall remain as now constructed, subject to such changes as under
the conditions prescribed in this Ordinance may be considered
necessary to the public health and safety by the City in the
exercise of its lawful police powers and such changes and
extensions as may be considered necessary by the Telephone
Company in the pursuit of its telecommunications business.. The
Telephone Company shall at all times during the term of this
Ordinance be subject to all lawful exercise of the police power
by the City and to such reasonable and lawful regulation as the
City shall hereafter by charter, resolution or ordinance provide.
The terms of this Ordinance shall apply throughout the City and
5 1018961533
shall apply to all the Telephone Company's Facilities used, in
(ow,
whole or part, in the provision of p Telecommunications Services,
and shall include the provision of Telecommunications Services in
any newly annexed areas of the City upon the effective date of
such annexation or the date the City provides the Telephone
Company notice of such annexation, whichever occurs later. The
Telephone Company shall maintain its Facilities in a reasonable
operating condition at all normal times during the term or any
extension of this Ordinance. An exception to this condition is
automatically in effect when service furnished by the Telephone
Company is interrupted, impaired or prevented by fires, strikes,
riots, or other occurrences beyond the control of the Telephone
Company, or by storms, floods, or other casualties, in any of
which events the Telephone Company shall do all things reasonably
within its power to do to restore normal service as soon as
practicable.
(b) Facilities installed or relocated by the Telephone Company
in the Rights -of -Way during the term of this Ordinance shall be
located underground where technologically and economically
feasible. If technologically unfeasible, or if placement of
facilities underground presents an undue economic burden on
Telephone Company, upon proof thereof being presented to the
City, Telephone Company and City will jointly agree to
(awl alternative installation of relocation options.
96.,&
6 1018961533
SECTION 3. SUPERVISION BY CITY OF LOCATION OF POLES AND
(400.1 CONDIIITS
(a) The Telephone Company shall lay, maintain, construct,
operate, and replace its poles, wires, anchors, cables, manholes,
conduits, and appurtenances used, in whole or part, to provide
Telecommunications Services so as to interfere as little as
possible with traffic and shall promptly clean up and restore, at
its sole cost, all thoroughfares and other surfaces which it may
disturb to as good a condition as before such disturbance. The
location of all Telephone Company Facilities shall be fixed under
the supervision of the City's governing body or an authorized
committee or agent appointed by said governing body. All poles
to be placed shall be of sound material and reasonably straight,
and all poles, stubs, guys, anchors, and other above ground
facilities shall be so set that they will not interfere with the
flow
of water
in or to any gutter or drain, and so
that the same
will
interfere
as little as practicable with the
ordinary travel
on the streets, alleys, highways, public thoroughfares, public
utility easements, public ways or sidewalks and so that they will
not compromise public safety. The City shall have the right to
require the Telephone Company, at its own expense, to install or
relocate above -ground Facilities as far from vehicular travel
lanes as reasonably possible for traffic safety purposes. Except
as provided in Section 2(b), the City shall also have the right
to require the Telephone Company, at its own expense, to install
underground all new Facilities except those to which above -ground
access is necessary for normal maintenance and connections,
1018961533
without claim for reimbursement or damages against the City. The
location and route of all poles, stubs, guys, anchors, conduits,
cables and any other Facilities to be placed and constructed by
the Telephone Company in the City Rights -of -Way, and the location
of all conduits to be laid by the Telephone Company within the
City's Rights -of -Way under this Ordinance, shall be subject to
the reasonable and proper regulation, control and direction of
the City's governing body or of any City, Committee, department
or official to whom such duties have been or may be delegated.
(b) The City shall have the right to change the grade, install,
relocate, or widen the public streets, sidewalks, bikeways,
alleys, public thoroughfares, highways, landscaping, and public
way and places within the present limits of the City and within
said limits as same may from time to time be extended, and in
such events the Telephone Company shall relocate, at its own
expense, its Facilities and Transmission Media, in order to
accommodate the installation, relocation, widening, or changing
of the grade of any such public street, sidewalk, bikeway, alley,
public thoroughfare, highway or public ways, including if;
necessary relocating such Facilities and Transmission Media a
sufficient distance from the edge of the pavement to permit a
reasonable work area for machinery and individuals engaged in
installing, relocating, widening, or changing the grade of any
K64
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1019961533
public street, sidewalk, bikeway, alley, public thoroughfare,
highway or public way.
(c) The C-ty shall have right to lay, and permit to be laid,
sewer, gas, water, electric, and other pipelines or cables or
conduits, and to do and permit to be done any underground and
overhead installation or improvement that may be deemed necessary
or proper by the governing body of the City in, across, along,
over or under any City Rights -of -Way occupied by the Telephone
Company, and to change any curb or sidewalk or the grade of any
street. In permitting such work to be done, the City shall not
be liable to the Telephone Company for any damage so caused, nor
shall the City be liable to the Telephone Company for any damages
arising out of the performance by the City or its contractors or
subcontractors not willfully and unnecessarily occasioned;
provided, however, nothing herein shall relieve any other person
or corporation from liability for damages to facilities of the
Telephone Company, including the City's contractors and
subcontractors. The City shall also have the right to require
the Telephone Company to relocate, at the sole expense of the
Telephone Company, any Facilities erected or maintained in City
Rights -of -Way, if said relocation is deemed necessary by the
governing body or its designated representative for traffic
safety purposes, including traffic signals. Whenever by reason
(awe of changes in the grade of a thoroughfare or in the location or
1018961533
manner of constructing a water pipe, gas pipe, sewer, or other
aboveground or underground structure, it is deemed necessary by
the City to remove, alter, change, adapt, or conform the
underground or aboveground Facilities of the Telephone Company,
the Telephone Company shall make the alterations as soon as
practicable when ordered in writing by the City without claim for
reimbursement or damages against the City.
(d) Whenever it becomes necessary to require Telephone Company
to relocate or remove Facilities, for the completion of public
works projects or for reasons of public safety, the City will
inform the Telephone Company in writing of the aforementioned
requirement. Except in cases of an emergency, the City will
provide at least ten (10) days, written notice to Telephone
Company of the requirement to relocate or remove said Facilities.
Whenever it shall be necessary to require Telephone Company to
alter, change, adapt, or conform its Facilities within the
Rights -of -Way, such alterations or changes shall be made
promptly, with consideration given to the magnitude of such
alterations or changes, without claim for reimbursement or
damages against the City. If any such requirements impose a
financial hardship upon the Telephone Company, the Telephone
Company shall have the right to present alternative proposals to
the City, and the City shall give due consideration to any such
YC--10
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1018961533
alternative proposals. If the City requires the Telephone
Companyto adapt p or conform its Facilities to enable any other
entity or person, except the City (as described in Section 3(c)
above), to use, or to use with greater convenience, Rights -of -Way
or public property, Telephone Company shall not be required to
make any such changes until such other entity or person shall
reimburse or make arrangements satisfactory to Telephone Company
to reimburse the Telephone Company for any loss and expense
caused by or arising out of such change; provided, however, that
in no event shall the City be liable for such reimbursement.
(e) Nothing in this Ordinance is intended to add to or detract
from any authority granted by federal or state law to the City or
the Telephone Company.
SECTION 4. ATTACHMENTS TO POLES AND SPACE IN DUCTS
(a) As partial compensation for the use of the City's Rights -of -
Way, the Telephone Company shall permit the City to use, without
charge, solely for its own, non-commercial purposes, available
duct space within one duct in all of the Telephone Company"s
existing ducted Facilities within the City limits, upon written
request by the City, if such duct space is available when
requested. Alternatively, Telephone Company shall provide City
(W with space on existing telephone poles for the City's use,
1018961533
without charge, solely for its own, non-commercial purposes, if
such pole space is available when requested. The City shall not
use any facilities which are provided for the City's use by the
Telephone Company for power transmission purposes, nor use any
circuits in such conduits or upon such poles to carry voltage in
excess of one hundred thirty (130) volts for signal purposes, nor
otherwise use any such circuits so as to unreasonably interfere
with Telephone Company's Telecommunications Services or Telephone
Company Facilities.
(b) The City shall not sell, lease or otherwise make available
its rights to use Telephone Company's Facilities to any third
party. Such rights are provided solely for the non-commercial
exclusive use by the City. However, this restriction shall not
prevent the City from using the services of a third party
commercial entity to manage or operate the City's facilities on
behalf of the City so long as no resale or other commercial use
of such facilities shall occur and so long as the third party
employed by the City is bound by the provisions of this
Ordinance.
(c) Should the City desire to purchase or otherwise acquire
additional Facilities from the Telephone Company for its non-
commercial use, then a further separate, non -contingent agreement
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1018961533
shall be a prerequisite to such purchase or acquisition.
(Woe Telephone Company and City agree to act in good faith
g in the
negotiation of such agreement(s) with City.
(d) The City may, at any time, submit written requests to the
Telephone Company for use of its Facilities. The Telephone
Company agrees to respond in writing to the City's requests
within thirty (30) calendar days after receiving the request.
The City Council shall designate one City contact person for
requests for Facility usage.
(e) The City recognizes that the Telephone Company cannot
reserve Facilities for the City's use at some indefinite time in
(we
the future. Accordingly, the City will request the use of
Telephone Company's Facilities only after the City has an
approved and funded construction plan. Project construction by
the City must commence within six (6) months of the Telephone
Company notifying the City that Facilities are available. Unless
delay is occasioned through no fault of the City, any equipment
or facilities of the City placed by the City on or in Telephone
Company's Facilities must be fully operational within eighteen
(18) months from the date project construction commences. If
such a delay occurs, City shall take all reasonable measures to
make its equipment or facilities placed on or in Telephone
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1018961533
Company's Facilities fully operational as soon as practicable
(W
with consideration given
g to the circumstances which caused the
delay.
(f) With regard to the City's equipment or facilities placed in,
or on, Telephone Company's Facilities, the Telephone Company
shall be relieved of its obligation to reserve space in or on its
Facilities for the specific Facility if construction is not
started within six (6) months of the Telephone Company notifying
the City that Facilities are available or if such City equipment
and facilities are not fully operational within the time limits
specified in Section 4(e), unless an extension of time is
mutually agreed upon, in writing, by both parties. Upon the
City's equipment or facilities being placed in, or on, Telephone
Company's Facilities, the Telephone Company may not charge the
City an additional fee for the use of the Telephone Company's
Facilities. The City's use of Telephone Company Facilities will
extend beyond the term of this Ordinance free of charge to the
City so long as said Facilities remain in -place, but upon the
expiration of this Ordinance Telephone Company shall be under no
obligation to continue to provide, maintain or operate such
Facilities for the benefit of the City. The Telephone Company
will not be liable for the installation or maintenance of any
V,_I�
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1018961533
City facilities under this Ordinance or for any damage not caused
(6W11
solely b the negligence
Y g Bence of the Telephone Company.
(g) The City shall clearly mark all of its facilities that are
placed in, or on, Telephone Company Facilities. In order to
protect the telephone service to the citizens of the City, the
City agrees that all construction by the City in, or on,
Telephone Company Facilities will be in accordance with
Telephone Company standards and procedures and any applicable
City Codes or Ordinances. The Telephone Company shall have the
right to make on -site inspections during construction by the
City. In the event the City, in making its facilities
(W
operational, encounters an situation
Y that might impact Telephone
Company's communication service to the citizens of the City, the
City shall stop construction and notify the Telephone Company
immediately.
(h) Except as otherwise provided in Section 4(e) above, the
Telephone Company may deny the City's request for use of
Telephone Company Facilities only if the Telephone Company has
plans to use the requested Facilities by installing
telecommunications equipment no later than two (2) years from the
date of the City's request. In the event that the Telephone
(W Company denies the City's request, the Telephone Company must
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1018961533
A
show the City its current engineering plans that demonstrate that
the Telephone Company will use the requested Facilities for
Telecommunications Services within two (2) years.
(i) The Telephone Company is not autorized to license or lease
to any person or entity the right to occupy or use the City,s
Rights -of -Way for the conduct of any private business except to
the extent required by law. The Telephone Company will, from
time to time, upon written request from the City provide to the
City the names of resellers of telecommunication services using,
or requesting to use, Telephone Company Facilities. The
Telephone Company may be required to attach its Transmission
Media to facilities owned and maintained by any person or entity
authorized by the City or to permit the transmission media of any
person or entity authorized by the City to be attached to the
Facilities owned and maintained by the Telephone Company upon
reasonable, non-discriminatory terms in a separate, non -
contingent agreement which shall include reasonable compensation.
The Telephone Company may require any such person or entity to
furnish evidence of adequate insurance covering the Telephone
Company and adequate bonds covering the performance of the person
or entity attaching to the Telephone Company's Facilities as a
condition precedent to granting permission to any such person or
entity to attach transmission media to Telephone Company's
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1018961533
Facilities; provided Telephone Company's requirements for such
insurance shall be reasonabl
e and at least in an amount to meet
minimum City requirements, as determined by the City.
(j) Nothirig contained in -this Ordinance shall obligate or
restrict the Telephone Company in exercising its rights
voluntarily to enter into pole attachment, pole usage, joint
ownership or other wire space or facilities agreements with light
and/or power companies or with other companies utilizing wire
transmission of services which are authorized to operate within
the City. Further, nothing contained in this Ordinance shall
preempt any pole attachment agreement between the City and
Telephone Company wherein Telephone Company or City agrees to pay
the other a fee
to place its facilities on a utility pole owned
by the other.
SECTION 5. RIGHTS -OF -WAY TO BE RESTORED TO GOOD CONDITION
(a) The Telephone Company shall restore the surface of any and
all Rights -of -Way within the City disturbed by the Telephone
Company in building, constructing, renewing, or maintaining its
Facilities or Transmission Media within a reasonable time after
completion of the work to at least as good a condition as before
commencement of the work and in compliance with the applicable
provisions of the Code of Ordinances of the City and shall
further maintain the work to the satisfaction of the Cityls
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1018961533
governing body, or of any City official to whom such duties have
been or may be delegated, for a period of one (1) year following
completion of the restoration, after which time responsibility
for the maintenance shall revert to the City. During that one
(1) year pe-.:od, the Telephone Company shall be responsible for
all maintenance costs incurred as a result of any defects,
impairments or substandard condition in the Rights -of -Way caused
by the construction, maintenance or restoration work of the
Telephone Company. The Telephone Company shall comply with all
reasonable rules and regulations of the City relative to street
excavations, and permits therefor; provided that Telephone
Company shall not be required to pay any fees required by such
rules, regulations and permits. No such Rights -of -Way shall
encumbered for a longer period than shall be necessary to execute
the work.
(b) The Telephone Company shall submit, in a format prescribed
by City and reasonably related to the purpose here stated,
information describing the general nature, location, and
estimated duration of any activity which will result in the
disturbance of any Rights -of -Way. The Telephone Company shall
not be required to divulge proprietary information in such
submission. Proprietary information may include, but is not
limited to, type and size of Facility and sub -routes onto private
(W property. This information shall be submitted prior to the
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1018961533
activity except in the case of emergencies, in whic case the
information shall be submitted as soon as practical. This
information requirement shall not apply to the Telephone
Company's installation of service wires serving a single
residence or business. When the Telephone Company s::all make or
cause to be made excavations, or shall place obstructions in any
street, alley, highway, public thoroughfare, public utility
easement or public way, the Telephone Company shall protect the
public by barriers and lights placed, erected and maintained by
the Telephone Company.
SECTION 6. TEMPORARY REMOVAL OF AERIAL WIRES
The Telephone Company on the request of any person shall remove
or raise or lower its wires within the City temporarily to permit
the moving of houses or other bulky structures. The expense of
such temporary removal, raising or lowering of wires shall be
paid by the benefitted party or parties, and the Telephone
Company may require such payment in advance. The Telephone
Company shall be given not less than forty-eight (48) hours
advance notice to arrange for such temporary wire changes... The
clearance of wires above ground shall conform to the basic
standards of the National Electrical Safety Code, National Bureau
of Standards, United States Department of Commerce, as
promulgated at the time of erection thereof.
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1018961533
SCTION 7 TREE TRIMMING
in the purs
uit uit of maintaining its telecommunications system, the
Telephone Company, its contractors, agents, successors and
assigns shall have the right to trim trees upon and overhanging
the Rights-c -Way within the City, so as to prevent the branches
of such trees from coming in contact with the wires, cables, or
other Facilities of the Telephone Company.
SECTION 8. COMPENSATION TO THE CITY
(a) As compensation for the Telephone Company's use and
occupancy of the City's Rights -of -Way and for the Cityss
oversight, regulation and supervision of such use and occupancy,
in consideration for all other agreements and promises made
herein by the City and in lieu of and in full compensation for
any lawful tax, license, charge, right-of-way permit fee or
inspection fee, whether charged to the Telephone Company or it
contractor(s), or any right-of-way easement or street or alley
rental or corporate franchise tax or other character of charge
for the use and occupancy of the Right -of -Way within the City,
except the usual general ad valorem taxes and special assessments
in accordance with State law, and sales taxes now or hereafter
levied by the City and in accordance with State law, the City
hereby imposes upon the Telephone Company and the Telephone
Company agrees to pay a fee upon each Access Line ('Access Line
�.. Fee") ,
which shall be assessed monthly upon all Access Lines in
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the City and which shall be paid quarterly as described in
(We
Section 9(b) herein
. The Access Line Fee shall be $ per
month (for a total of $ for such twelve month period) for
each residential Access Line, and $ per month (for a total
of $ __ for such :twelve month pei-ird) for each business
Access Line. The Access Line Fee will be prorated based upon the
number of days during the billing month the customer has service.
(b) The amount paid to the City will equal the aggregate amount
of Access Line Fees assessed to the Telephone Company according
to the method described above through the end of each calendar
quarter. The payment due dates shall be February 28, May 31,
August 31, and November 30 of each Contract Year this Ordinance
remains in effect. The first payment under this Ordinance shall
be due on May 31, 1997.
(c) If the Ordinance is mutually extended in writing for an
additional five years, the Access Line fee will be increased by
three (3) percent per year above the prior year's Access Line fee
on each anniversary of the effective date. Except as otherwise
provided herein, the City waives any right to audit or otherwise
review any Telephone Company records.
(d) The Telephone Company and the City agree that the accuracy
of the Access Line count is important to both parties. To
(40" satisfy any audit responsibilities the'City may have, the
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1018961533
Telephone Company agrees to provide the City a reconciliation
report of Access Lines and a Customer Se
rvice Address List, which
report and list shall be in a format and in sufficient detail to
enable the City to verify the accuracy of the calculation of the
Access Line count and type of local access service (e.a., single
party residence line, ISDN line or PABX trunk) provided to
customers located in the City. The parties agree to limit
Telephone Company's responsibility to produce such reports to two
occasions during the term of this Ordinance. One such occasion
shall occur during the third year of the Ordinance. City
reserves the right to determine the other occasion for which such
information shall be made available by Telephone Company for
inspection. City agrees to provide reasonable notice beforehand
of each such request for inspection. The parties contemplate
that reports produced by Telephone Company will be as of
September 30th of the year in which inspection is requested. The
Telephone Company will provide a report containing a summary of
residence and business Access Lines within the City and the gross
amount of Access Line Fees billed customers with each quarterly
remittance. The report shall include the number of Access Lines
as of the end of each month in the calendar quarter being
reported, as such data is maintained in Telephone Company's
REVUNIT database, or any successor database. The Customer
Service Address List shall not include any customer names or
telephone numbers. If the City becomes aware of information that
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1018961533
affects the accuracy of such List, City shall promptly inform the
(W
Telephone Company, and Telep
hone phone Company shall review such
information and, on verification, correct the Custcmer Service
Address List, and Access Line count. City accepts and agrees
that the Customer Service Address List and Access Line count are
proprietary and the exclusive property of the Telephone Company,
and agrees to return both the Customer Service Address List and
Access Line count report, and any data copied or taken therefrom
in any form, to the Telephone Company within sixty days of its
receipt of such List or report, unless such time is extended by
the written agreement of the parties. As the Customer Service
Address List is the exclusive property of the Telephone Company,
(Moe the City agrees not to release any information contained in that
List to anyone unless ordered to do so by a court of competent
jurisdiction.
(e) The compensation provided for herein constitutes reasonable
compensation for the consideration granted to the Telephone
Company herein.
(f) Payment of the "Annual Fee" shall not relieve the Telephone
Company from paying all applicable municipally -owned utility
service charges, ad valorem and sales taxes adopted by the city.
1018961533
(g) Tn the event that either (1) territory within the boundaries
of the City; shall be a.,sannexed and a new incorporated
municipality created which includes such territory or (2)
territory shall be consolidated or annexed -J:1to the City, then
notwithstanding any other provision of this ordinance, the Annual
Fee shall be adjusted, effective on the effective date of the
annexation. To accomplish this adjustment, within sixty (60)
days following the action effecting a disannexation/annexation as
described above, the City shall provide the Telephone Company
with maps of the affected area(s) showing the new boundaries of
the City. If the City fails to timely provide the maps of the
affected areas, then the fees from such additional Access Lines
will not become payable to City until sixty (60) days after
receipt by TELEPHONE COMPANY of such maps from the City.
(h) In the event of an annexation or disannexation as described
above, the Annual Fee paid to the City will be adjusted based on
the City's gain or loss of Access Lines using the same
methodology prescribed in section 9(a) above. The effective date
of the adjustment shall be the same as the effective date of the
annexation/disannexation action by the City, provided that the
City has supplied the appropriate annexation/disannexation maps
to the Telephone Company in accordance with the provisions
herein. The City agrees to reimburse the Telephone Company for
any portion of any Annual Fee that may have been paid
Y p d to the City
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1018961533
A
A
A
after the effective date of a disannexation but prior to the
receipt by Telephone Company from City of notice of such
disannexation.
(i) in the event a regulatory agency of the State, or court of
competent jurisdiction finds that the Access Line -ee
compensation methodology contained in Section 9(a) cf this
Ordinance is invalid or unenforceable, then for the remainder of
the term of this Ordinance or until such time as the parties
agree to another compensation methodology, whichever occurs
first, Telephone company agrees to pay annual compensation under
this Ordinance to City in an amount equal to the total of the
previous four quarterly payments, such compensation to be paid in
quarterly installments and if necessary prorated from the date of
such Order of the regulatory agency or court.
SECTION 9. SUCCESSORS AND ASSIGNS
The rights, powers, limitations, duties and restrictions herein
provided for shall inure to and be binding upon the parties
hereto and upon their respective legal and bona fide
representatives, successors and assigns.
SECTION 10, PERIOD OF AGREEMENT
This agreement shall be in full force and effect for the period
beginning with the effective date hereof and ending five (5)
years after such date. This Ordinance may be extended for an
vt-z1�
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10/9961533
0
additional five (5) years if mutually agreed to in writing by
both parties and such extension is approved
pp ed by the City in
accordance with the City's Charter.
SECTION 11- FUTURE CONTINGENCIES
Notwithstanding anything contained in this Ordinance to the
contrary, in the event that this Ordinance or any section,
sentence, clause, phrase, or part thereof, providing any
compensation due the City under this Ordinance, becomes, is held
to be, or is declared or determined by judicial, administrative
or legislative authority exercising its jurisdiction to be
excessive, unrecoverable, unenforceable, void, unconstitutional,
unlawful, invalid or otherwise inapplicable, in whole or in part,
the Telephone Company and the City shall meet and neg
otiate in
good faith to obtain a new ordinance that is in compliance with
the authority's decision or enactment and in which the Telephone
Company shall pay to City a reasonable but constitutional and
valid compensation.
SECTION 12. GOVERNING LAW AND VENUE,
(a) This Ordinance shall be construed in accordance with the law
of the State of Texas and the City Charter and City Ordinances in
effect on the date of passage of this Ordinance to the extent
that such Charter and Ordinances are not in conflict with or in
1018961533
violation of the Constitution and laws of the United States or of
the State of Texas.
(b) Venue for any dispute arising under this Agreement shall be
in Tarrant County, Texas.
(c) This Ordinance shall be construed and deemed to have been
negotiated at arms length and drafted by the combined efforts of
the City and the Telephone Company.
SECTION 13, DISPUTE RESOLUTION
(a) Notwithstanding any other provision of this Ordinance, the
Parties hereto agree that any claim, cause of action or other
(W, dispute based upon or arising out of this Ordinance (a "dispute")
shall be conducted, decided, determined and/or resolved pursuant
to and in accordance with the provisions of this Section. The
parties desire to resolve disputes arising out of this Ordinance
without litigation. Accordingly, in the event of any dispute
hereunder, the Parties hereto agree to attempt in good faith to
resolve their dispute between themselves. Within ten (10) days
after receipt of the written request of a party, each party will
appoint a knowledgeable, responsible representative or
representatives to meet and negotiate in good faith to resolve
any dispute arising under this Ordinance. The parties'
representatives will meet within ten (10) days after the
appointment of such representatives and negotiate in good faith
to resolve any such dispute.
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1018961533
(b) except for action seeking a temporary restraining order or
injunction related to the purposes of this Ordinance, or suit to
compel compliance with this dispute resolution process, the
parties agree to use the following alternative dispute resolution
procedure, and also agree not to sue any party to this Ordinance
with respect to controversy or claim arising out of or relating
to this Ordinance or its breach prior to exhausting the
procedures set out in this section.
(c) If the parties are unable to settle their dispute at the
meeting of representatives provided for in subsection (a), either
party may, on written notice to the other party, initiate non-
binding mediation of the dispute before a single mediator
affiliated with Judicial Arbitration and Mediation Services, Inc.
(JAMS) or another mediation service mut
ually agreeable to the
parties. Mediation is a forum in which an impartial person, the
mediator, facilitate communication between the Parties to promote
reconciliation, settlement, or understanding among them. A
mediator may not impose his own judgment on the issues for that
of the parties. Unless expressly authorized by the parties, the
mediator may not disclose to either party information given in
confidence by the other and shall at all times maintain
confidentiality with respect to communications relating to the
subject matter of the dispute. Unless the parties agree
otherwise, all matters, including the conduct and demeanor of the
parties and their counsel during mediation, are confidential and
shall be inadmissible as settlement discussion pursuant to Rule
ve'-v
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1018961533
408 of the Federal Rules of Evidence or the applicable state
rules. The mediator shall be selected by agreement of the
carties within thirty (30) days after either party first requests
mediaticn of the other. if a single mediator cannot be agreed
upon, hen each party shall select its own mediator from those on
the JAMS approved list; those two mediators will then select a
third independent mediator who will conduct the mediation
session(s). The mediator's fees will be borne equally by both
parties. In the event mediation is requested, any applicable
statutes of limitations shall be automatically tolled until the
mediator declares an impasse. If either party desires to request
the production of information for its use in the mediation, it
shall deliver such request to the other party within five (5)
days of the selection of the mediator. Any objection to such
production shall be delivered to the mediato
r and the requesting
party within five days of receipt of the request, and the
mediator shall issue an opinion within five (5) days of such
objection, as to whether the information is relevant to the
issues presented for mediation and should be produced. If either
party refuses to proceed with the mediation in accordance with
the ruling of the mediator, the mediation shall be deemed to be
at impasse, and the parties may then resort to any other
available recourse. In the event mediation occurs but fails to
resolve the dispute, the parties may then resort to means outside
the scope of this Section including filing suit.
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1018961533
(d) Neither the City nor the Telephone Company by accepting this
(W Ordinance waives its right to seek all appropriate legal and
0
equitable remedies as allowed by law upon violation of the terms
of this Ordinance by the other party, including seeking
injunctive relief in a court of competent jurisdic=ion. Such
right to seek injunctive relief is expressly reserved and all
terms and provisions hereof shall be enforceable through
injunctive relief.
SECTION 14, GOVERNMENTAL IMMUNITY.
All of the regulations provided in this Ordinance are hereby
declared to be for a public purpose and the health, safety, and
welfare of the. general public. Any member of the governing body
or City official or employee charged with the enforcement of this
Ordinance, acting for the City in the discharge of his duties,
shall not thereby render himself personally liable; and he is
hereby relieved from all personal liability for any damage that
might accrue to persons or property as a result of any act
required or permitted in the discharge of his said duties.
SECTION 15, GRANTING POWER
(a) The City continues to take the position that the City has
the power to grant or deny consent to the Telephone Company's
occupancy and use of the Rights -Of -Way within the City. The
Telephone Company continues to take the position that Federal law
Y6-50
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1018961533
and Texas law do not permit the City to deny consent to the
(40.11 Telephone Company to occupy and use such Rights -Of -Way. Both the
City and the Telephone Company agree that their actions in
entering this agreement by ordinance shall not in any way be a
waiver of either party's position as stated herein.
(b) Nothing in this section affects the authority of the City to
manage the public Rights -Of -Way or to require a fair and
reasonable compensation from all telecommunications providers, on
a competitively neutral and nondiscriminatory basis, and the
compensation will be publicly disclosed by the City.
SECTION 16, REPEAL OF CONFLICTING PROVISIONS
All other ordinances and agreements and parts of agreements and
ordinances in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such inconsistency.
SECTION 17, NOTICE
For any purposes related to this Ordinance, notice to the City
shall be to:
Office of City Manager/Secretary
City of Southlake
667 N. Carroll Avenue
Southlake, TX 76092
Notice to the Telephone Company shall be to:
1018961533
Associate General Counsel
GTE Southwest Incorporated
,,. P.O. Box 152013
ruing, TX 75062
Notice will be effective upon delivery at the above addresses
until the City or the Telephone Company notifies the other, in
writing, of a change of address.
SECTION 18. PARTIAL INVALIDITY AND REPEAL PROVISIONS
If any section, sentence, clause or phrase in this Ordinance is
for any reason held to be illegal, ultra vires,
unconstitutional, void, or unenforceable such invalidity shall
not affect the validity of the remaining portions, it being the
intent of the City in adopting this Ordinance and the Telephone
Company in accepting and agreeing to it that no portion hereof or
provision hereof shall be inoperative or fail by reason of any
unconstitutionality or invalidity or any other portion,
provision, or regulation, and to this end, all provisions of this
Ordinance are declared to be severable. This Ordinance shall be
and is hereby declared to be cumulative of all other ordinances
of the City, and this Ordinance shall not operate to repeal or
affect any of such other ordinances except insofar as the
provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting
provisions, if any, in such other ordinance or ordinances are
hereby repealed to the extent of such inconsistency. All
ordinances and agreements and parts of ordinances and agreements
in conflict herewith are hereby repealed to the extent of such
V 6
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1018961533
A
inconsistency. Provided all other ordinances, rules,
regulations, and agreements which are not in conflict with this
Ordinance and which in any manner relate to the regulation of the
City streets, alleys, and public places or the business of the
Telephone Company shall remain in ful". force and effect.
SECTION 19_ EFFECTIVE DATE AND ACCEPTANCE OF AGREEMENT
The Telephone Company shall have sixty (60) days from and after
the passage and approval of this Ordinance to file its written
acceptance thereof with the City Secretary. Upon such filing,
this Ordinance shall take effect and the effective date of this
Ordinance shall be January 1, 1997, and it shall be in force from
and after such date, and shall effectuate and make binding the
agreement provided by the terms hereof. All costs of any
publication required by law shall be at the expense of the
Telephone Company in addition to other charges provided for
herein.
SECTION 20, TRANSFER OR ASSIGNMENT
This Ordinance shall not be transferred or assigned by the
Telephone Company except with the approval of the governing body
of the City expressed by ordinance and subject to all terms of
such ordinance, which shall not be unreasonably withheld.
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1018961533
SECTION 21. OPEN MEETING
(4001,
It is hereby officiallyfound and determined the
inea that __._ meeting at
which this Ordinance is passed is open to the public as required
by law and that public notice of the time, place and purpose of
said meeting was given as required.
PASSED and APPROVED by the City Council of the City of
Southlake, Texas, this day of A.D.
19
MAYOR
ATTEST:
(W City Secretary
0
APPROVED AS TO FORM:
City Attorney
The City, acting herein by its duly constituted authorities,
hereby declares the foregoing Ordinance passed on first reading
2 -�
- 34 - 1018961533
A
and finally effective (if a general law city) as of this
day of
19
MAYOR
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
The above and foregoing ordinance read, adopted on first reading
and passed to second reading by the following votes, this the
day of , 19 at a regular
session of the City Council.
Mayor, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
The above and foregoing ordinance read, adopted on second reading
and passed to third reading by the following votes, this the
3 5 - 1018961533
day of 19 at a regular
session of the City Council.
Mayor, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
The above and foregoing ordinance read, adopted on third reading
and passed by the following votes, this the day of
19 Council. at a regular session of the City
Mayor, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
STATE OF TEXAS §
COUNTY OF TARR.ANT §
I' City
Secretary of the City of Southlake, Texas, do hereby certify that
the above and foregoing is a true and correct copy of the right-
of-way rental agreement between the City of Southlake, Texas, and
GTE Southwest Incorporated as indicated herein. The same is now
ec .36
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recorded in Volume Page
the City of Southlake, Texas.
WITNESS MY HAND this the _
, A.D. 19
(Seal)
of the Ordinance Records of
day of
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City Secretary
1018961533
ACCEPTANCE
WHEREAS, the City Council of the City of South. -lake, Texas,
did on the day of 19 enact an
Ordinance entitled:
AN ORDINANCE WHEREBY THE CITY OF SOUTHLAKE, TEXAS, AND
GTE SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE
OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, -HE
TELEPHONE COi-!PANY SHALL CONSTRUCT, ERECT, BUILD, EQUIP,
OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND
ACROSS, THE STREETS, AVENUES, ALLEYS, BRIDGES,
VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS,
POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES,
STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR
RENDITION OF TELECOMMUNICATIONS SERVICES IN SAID CITY
AND FOR CONDUCTING A GENERAL LOCAL AND LONG-DISTANCE
TELEPHONE BUSINESS; PRESCRIBING THE CONDITIONS
GOVERNING THE USE OF PUBLIC RIGHTS -OF -WAY FOR THE
TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS;
PRESCRIBING THE QUARTERLY COMPENSATION DUE THE CITY
UNDER THIS ORDINANCE;.PROVIDING THE RIGHT OF THE CITY
TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY;
SPECIFYING GOVERNING LAWS; PROVIDING FOR ASSIGNMENT;
PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID
AGREEMENT; PROVIDING FOR NOTICE; PROVIDING FOR BINDING
EFFECT; PROVIDING THAT THE ORDINANCE BE CUMULATIVE;
PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR
CONSENT AND ACCEPTANCE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CHOICE OF LAW AND VENUE; PROVIDING FOR
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED
BY LAW; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR
RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING
FOR ALTERNATE DISPUTE RESOLUTION; AND PROVIDING FOR
METHOD OF ACCEPTANCE;
and
WHEREAS, said Ordinance was on the day of
1996, duly approved by the Mayor of said
City and the seal of said City was thereto affixed and attested
by the City Secretary;
NOW THEREFORE, , GTE Southwest Incorporated hereby in all
respects accepts, approves, and agrees to said Ordinance, and
same shall constitute and be a binding contractual obligation of
GTE Southwest, Inc. and of the City without waiver of any other
remedy by GTE Southwest, Inc. or the City and files this its
1018961533
A
written acceptance with the City Secretary of the City of
Southlake, Texas, in his office.
19 Dated this day of A.D.
GTE SOUTHWEST INCORPORATED
By:
ATTEST:
Assistant Secretary
Acceptance filed in the office of the City Secretary of
Southlake, Texas, this day of
19
86-3?
- 2 -
City Secretary
A.D.
1018961533
City of Southlake, Texas
CITY OF SOUTHLAKE
RESOLUTION NO. 96-68
RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS
AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT
AGREEMENT AND RELEASE OF ALL CLAIMS WITH GTE
SOUTHWEST INCORPORATED, RELATING TO THE
SETTLEMENT OF THE CASES STYLED GTE SOUTHWEST
INCORPORATED VS CITY OF DENTON ET AL.. AND CITY
OF RUSK. ET AL. VS, GTE SOUTHWEST INC.AND THE
CITY OF DENTON, TEXAS_ ET AL OMPLAINT AGAINST
GTE SOUTHWEST INCORPORATED BEFORE THE PUC; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE:
Section 1. That the Mayor of the City of Southlake is authorized to execute on behalf of the City,
a Settlement Agreement and Release of all Claims with GTE Southwest, Incorporated, relating
to the settlement of the cases styled, GTE SOUTHWEST INCORPORATED VS, CITY OF
DENTON. ET AL. AND CITY OF RUSK AT AL VS GTE SOUTHWEST INC AND THE
CITY OF DENTON. TEXAS ET AL. COMPLAINT AGAINST GTE SOUTHWEST
INCORPORATED before the PUC, in accordance with the attached Settlement Agreement, which
is incorporated herein and made a part hereof for all purposes.
Section 2. That this resolution shall take effect immediately upon its passage and approval.
PASSED AND APPROVED THIS THE 5TH DAY OF NOVEMBER, 1996.
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
NV
Mayor Rick Stacy
NO. 95-50259-367
GTE SOUTHWEST INCORPORATED. S
a Delaware Corporation. §
Plaintiff. §
VS. §
THE CITY OF DENTON, A TEXAS §
INCORPORATED MUNICIPALITY. §
et al., §
Defendant. §
IN THE DISTRICT COURT OF
DENTON COUNTY, TEXAS
367TH JUDICIAL DISTRICT
NO. 95-5-00360
CITY OF RUSK, et al., § IN THE 2D JUDICIAL
Plaintiffs, §
V• § DISTRICT COURT OF
GTE SOUTHWEST, INC., §
Defendant. § CHEROKEE COUNTY, TEXAS
PUC DOCKET NO. 14152
SOAH DOCKET NO. 473-95-1002
COMPLAINT OF CITY OF DENTON, § PUBLIC UTILITY COMMISSION
ET AL. AGAINST § OF
GTE SOUTHWEST INCORPORATED § TEXAS
�40
ROWSET
1021961022
(awl, SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
This Settlement Agreement ana Release of All Claims ('agreement entered into by
ana between the City of Southlake. a Texas incorporated municipaiity ( 'City"), and GTE
Southwest Incorporated. a Delaware corporation ("GTE"). The City ana GTE are
referrea to singularly as a "Party' and collectively as 'the Parties.'
I.
THE RIGHT-OF-WAY LITIGATION
Section 1.1. Denton Litigation. On April 25, 1995, GTE filed an action styled
GTE Southwest Incorporated vs City of Denton et al., Cause No. 95-50259-367, in the
367th District Court of Denton County, Texas ("Denton Lawsuit").
Section 1.2. Rusk Litigation. On May 19, 1995, several Cities filed an action
styled City of Rusk, an incorporated Texas municipality, et al v GTE Southwest Inc.,
Cause No. 95-5-00360, in the District Court of Cherokee County, Texas ("Rusk
Lawsuit").
Section 1.3. The PUC Complaint. On April 29, 1995, the Cities which were
parties to the Rusk Lawsuit filed a Complaint against GTE at the Texas Public Utility
Commission styled Complaint of City of Denton Texas et al Against GTE Southwest
Incorporated, PUC Docket No. 14152, SOAH Docket No. 473-95-1002 ("PUC
Complaint," collectively referred to with the Denton Lawsuit and the Rusk Lawsuit as
the "Right -of -Way Litigation").
Section 1.4. The Right -of -Way Litigation. On , 1996, the City
Council of Southlake authorized the Mayor to settle the Right -of -Way Litigation
pursuant to the terms outlined in this Agreement.
Section 2.1. Right to Compromise. City covenants and warrants that it has the
right to compromise all claims asserted in the Right -of -Way Litigation as to Southlake,
the Mayor is authorized to bind the City by executing this Agreement on its behalf, and
that it has not assigned to any third party such claims, or any part of such claims
against GTE.
Section 2.2. Dismissal of Right -of -Way Litigation. City agrees to dismiss with
prejudice any and all claims, counterclaims and causes of action it raised against GTE
in the Denton Lawsuit, the Rusk Lawsuit, and the PUC Complaint, promptly upon
execution of this Agreement.
L
yd,- 3
ROWSET - 1 -
1021961035
Ill.
GIE'S COVENANTS
Section 3.1. Right to Compromise. 1:TE covenants and warrants that Hardy E.
White, in his capacity as Acting Regional President - GTE Texas/New Mexico Region.
has the authority to execute this agreement on GTE's behaif and to bind GTE to its
terms. and that GTE has not assigned to any third party such claims. or any part of
GTE's claims against the City.
Section 3.2. Dismissal of Litigation. GTE agrees to dismiss with prejudice any
and all claims. counterclaims and causes of action it raised against the City in the
Denton Lawsuit, the Rusk Lawsuit, and the PUC Complaint. promptly upon execution of
this Agreement.
Section 3.3. Cash Payment. Within seven (7) business days of the City's final
reading and enactment of the Right -of -Way Ordinance at Attachment "A" ("New
Ordinance') hereto. which is incorporated in this Agreement for ail purposes as if fully
set forth herein, GTE will pay to the City the sum of $202,918.75. This sum comprises
the following:
a. $49,537.00, which is the amount of all right-of-way fee payments withheld
by GTE pending resolution of the Right -of -Way Litigation ("Withheld
Amounts") plus four percent (4%) interest on such amount;
b. $125,721.75, which represents a compromise of all claims related to
payment of compensation by GTE to the City for use of the City's rights -
of -way from the beginning of time to and including December 31, 1996;
and
C. $27,660.00, which represents advance payment of reasonable
compensation for use of the City's rights -of -way for the period not covered
by Section 3.3a. or b. above and ending on December 31, 1996.
GTE agrees not to pass through to its present or future customers the interest amount
described in Section 3.3a. and GTE agrees that all amounts that GTE is authorized to
pass through to its customers under 3.3a. above have already been passed through.
GTE agrees not to pass through to its present or future customers the amount
described in Section 3.3b. hereof. The amount in Section 3.3c. above shall be passed
through to GTE's customers. Jack Stowe will be permitted to meet with a GTE -
designated representative, on or about October 16, 1996, to review GTE documents
confirming the Withheld Amounts.
Section 3.4. Termination of Ordinance or Authority. Any current or prior
ordinance and/or authority imposing a fee upon GTE for the use of the City's rights -of -
way shall expire on or before December 31, 1996, and shall be replaced with the New
0 0— - r
ROWSET - 2 -
1021961022
(Mr, Ordinance which shall take effect on January 1, 1997. -he Parties agree that the cash
payment described in Section 3.� above includes an amount which the City has
determined to be fair and reasonable compensation for GTE's use of the City's rights -
of -way during the oeriod from ana inciudina the date of the last payment made by GTE
to the City for use of its rights -of -way to and including the effective aate of the New
Ordinance.
IV.
NEW RIGHT-OF-WAY ORDINANCE
Section 4.1. New Right -of -Way Ordinance. The City and GTE agree to execute.
adopt and enact the New Ordinance. If a current ordinance or charter of the City
requires a utility entering into an ordinance such as the New Ordinance to pay the cost
of publication of such ordinance in a local newspaper, GTE agrees to pay such cost of
publication of the New Ordinance.
Section 4.2. City's Enactment of New Ordinance. The City agrees to pass and
enact the New Ordinance in consecutive readings, as required by law. with the first
reading to be held on or before , 1996, and with any and all required
readings occurring on or before , 1996.
Section 4.3. GTE's Acceptance of New Ordinance. GTE agrees to execute and
(W file with the City Secretary its acceptance of the New Ordinance within fourteen (14)
business days of receipt of the executed New Ordinance after the final reading and
passage of the New Ordinance by the City.
Section 4.4. Access Line Fee. GTE agrees that the City may set an Access
Line Fee as that term is defined in the New Ordinance up to $17.00 per year for each
residential Access Line and up to $24.00 per year for each business Access Line. As
of September 30, 1996, there were 5,933 residential Access Lines and 2,005 business
Access Lines in the City of Southlake. The number of Access Lines is subject to
change.
V.
MUTUAL RELEASES AND DISMISSAL OF CLAIMS
IN RIGHT-OF-WAY LITIGATION
Section 5.1. Release by City. In consideration of the above, the City, in its own
behalf and on behalf of its successors and assigns, hereby irrevocably and
unconditionally fully releases, acquits and discharges GTE Southwest Incorporated, its
successors, parent corporation, affiliated and subsidiary corporations, officers,
directors, employees, attorneys, representatives and agents from any and all claims
from the beginning of time up to and including December 31, 1996, (a) that relate to the
payment by GTE to the City of reasonable compensation for GTE's use of City rights -of -
way, whether by agreement, ordinance or otherwise, and (b) that relate to the pass
ROWSET
-3-
1021961022
(am," Ihrouan or sucn payments by GTE to its customers, which the Citv made or could have
made in the lawsuits styled GTE Southwest Incoroorated vs City or Denton et al.,
Cause No. 95-50259-367. in the 367th District Court of Denton County. Texas, City of
Rusk, an incorporated Texas municipaiity et al v GTE Southwest Irc , Cause No. 95-
5-00360. in the District Court of Cherokee County, Texas, and the proceeding styled
Complaint of City of Denton Texas et al Against GTE Southwest Incoroorated, PUC
Docket No. 14152, SOAH Docket No. 473-95-1002 in the Texas Public Utility
Commission.
Section 5.2. Release by GTE. In consideration of the above. GTE Southwest
Incorporated, in its own behalf and on behalf of its successors and assigns, hereby
irrevocably and unconditionally fully releases, acquits and discharges the City of
Southlake, Texas, its officials, employees, representatives, attorneys and agents from
any and all claims from the beginning of time up to and including December 31, 1996,
(a) that relate to the payment by GTE to the City of reasonable compensation for GTE's
use of City rights -of -way, whether by agreement, ordinance or otherwise, and (b) that
relate to the pass through of such payments by GTE to its customers, which GTE made
or could have made in the lawsuits styled GTE Southwest Incorporated vs City of
Denton, et al., Cause No. 95-50259-367, in the 367th District Court of Denton County,
Texas, City of Rusk an incorporated Texas munici all et al v GTE Southwest Inc.,
Cause No. 95-5-00360, in the District Court of Cherokee County, Texas, and the
proceeding styled Complaint of City of Denton Texas et al Against GTE -Southwest
Incorporated, PUC Docket No. 14152, SOAH Docket No. 473-95-1002 in the Texas
Public Utility Commission.
Section 5.3. Dismissal of Claims. The Parties agree to submit, within ten (10)
days after execution by the City and GTE of this Agreement, an agreed order of
dismissal of all claims, counterclaims and causes of action, with prejudice, by each
Party against the other in the Denton Lawsuit, the Rusk Lawsuit, and the PUC
Complaint. If any of the agreed orders of dismissal are not accepted or signed by the
Court or the PUC, respectively, both Parties agree to file motions for nonsuit with
prejudice regarding all claims, counterclaims and causes of action raised by such
Parties in Court or PUC. Each Party shall pay all court costs incurred by such Party.
Section 6.1. This Agreement is a compromise settlement of disputed issues and
claims and, therefore, will not be construed as an admission of liability of any Party or of
the validity of any claims or potential claims made by any Party against any other Party
or otherwise construed as an admission of any Party and, as such, will not be offered or
received as evidence in any proceeding, provided that nothing will prevent this
Agreement or its terms from being used, offered or received in evidence in any
proceeding to enforce any or all of the terms herein.
ROWSET
yd( JI
-4-
1021961022
Section 6.2. This Agreement will neither constitute nor provide to any third party
any remedy, defense, claim. evidence. or other right in excess of those existing without
reference to this Agreement.
Section 6.3. This Agreement constitutes the entire agreement between the
Parties with respect to the matters specifically described herein, and all prior
agreements, oral or written representations. statements, understandings, proposals and
undertakings with respect to such matters are superseded and replaced by the
provisions of this Agreement.
Section 6.4. The persons executing this Agreement on behalf of the respective
Parties hereto have been duly and properly authorized to execute the same by the
passage of any necessary motion, resolution or other act.
Section 6.5. This Agreement shall be construed in accordance with the laws of
the State of Texas.
Section 6.6. The rights, powers, limitations, duties, restrictions and releases
herein provided for shall inure to and be binding upon the Parties hereto and upon their
respective legal and bona fide representatives, successors and assigns.
Section 6.7. The effective date of this Agreement is the day of
1996.
ATTEST:
City Secretary
Gity of Southlake, Texas
ATTEST:
Date:
(Mve
ROWSET
CITY OF SOUTHLAKE, TEXAS
By:
Mayor
City of Southlake, Texas
GTE SOUTHWEST INCORPORATED
By:
Hardy E. White
Acting Regional President -
Texas/New Mexico
1021961022
City of Southlake, Texas
r 'kv
MEM0RA•N,D-UM
November 1, 1996
TO: Curtis E. Hawk, City Manager
FROM: Greg Last, Community Development Director
SUBJECT: Prioritization of items by City Council
Attached you will find a summary matrix reflecting the responses received from Councilmembers.
The left columns show the frequency of responses and the far right columns show the overall
rankings. Note that there were six responses overall and that not all items were prioritized so the
total responses differ between items. The ranking is derived by weighting the frequencies with the
priorities and dividing by the actual number of responses for that item.
Please contact me if you have any questions.
GL/gl C-t'
enc. Council Prioritization Schedule dated November 1, 1996 - Summary of Responses
L:\CTYDOCS\ORD\DRAFT'\CHANGES\ORD-RQSTICC-CEH2. WPD
10A-I
1
�q
Priority
s COUNCIL PRIORITIZATION SCHEDULE - November 1,1996
ighest Lowest
Dept.
p'
Item
Rank
Score
1
2
3
4751
4
CD
Update of the Master Thoroughfare Plan
1
1.00
5
CD
Update of the Master Land Use Plan
1
1.00
4
1
PW
Drainage Master Plan
2
1.20
4
1
PW
Utility Placement Ordinance
2
1.20
3
1
PR
Update of the Parks Recreation and Open Space Master Plan
3
1.25
4
2
CD
Zoning Ordinance - Telecommunication Towers & Antennas
4
1.67
3
2
1
PW
Street Standards Ordinance (Ord. 217)
4
1.67
2
1
1
PR
Master Plan for Bob Jones Park
5
1.75
2
1
1
PS
800 MHZ System
5
1.75
2
1
1
CMO
Citywide Strategic Plan
5
1.75
2
2
1
PW
Utility Policies and Standards Ordinance (Revise Ord. No. 170)
6
1.80
4
1
1
CD
Zoning Ordinance - Address Outside Storage Issues
7
1.83
2
2
2
CD
Amortization of Certain Non -Conforming Uses
8
2.00
2
2
2
PR/CD
Revisions to Park Dedication Section of Subdivision Ordinance
8
2.00
2
2
PR
Master Plan for Bicentennial Park
8
2.00
3
2
1
CD
Lighting Standards
8
2.00
3
1
1
1
CD
Zoning Ordinance - Address Impervious Coverage
9
2.17
3
2
1
CD
Tree Preservation Ordinance Revisions
10
2.33
2
1
1
1
CD
Ordinance 480-V (Miscellaneous Revisions)
11
2.40
2
1
2
1
PR
Sidewalk & Trails Ordinance
12
2.50
2
1
1
PW
Adoption of Electrical Code Regional Update (Ord. No. 620)
12
2.50
2
1
2
1
PW
Sign Ordinance Revisions
12
2.50
2
1
1
PS
Emergency Preparedness Plan
12
2.50
3
1
2
CD
Neighborhood Preservation Ordinance
12
2.50
2
2
1
PW
Adopt 1994 Uniform Housing Code (Ordinance 214)
13
2.60
1
1
1
CD
Subdivision Ordinance Revision - Update Thoroughfare References
14
2.67
2
1
1
1
1
PW
Commercial Dumpster Ordinance
14
2.67
1
1
2
1
PW
Substandard Building Code (Ordinance 615)
15
2.80
OF—,
2
3
PS
Update Noise Control Ordinance No. 484
16
2.83
L:\CTYDOCS\ORD\DRAFnCHANGES\ORD-RQSTVRI-RNK2.WPD Peg&-1 OH Revised November 1, 1996
10A- F.
3
Priority
COUNCIL PRIORITIZATION SCHEDULE - November 1,1996
Highest Lowest
Dept.
Item
Rank
Score
1
2
1 3
14
5
1
1
2
CMO
Ordinance Codification
17
3.00
1
2
1
CS
Health and Sanitation Ordinance
17
3.00
1
3
1
CD
Zoning Ordinance - Front Yard issues
18
3.50
2
2
1
PW
Septic Ordinance
19
3.80
1
1
2
CS
Open Records Ordinance
20
4.25
4
PS
Bicycle Program
21
5.00
Dept Legend: PW = Public Works, CD = Community Development, PR = Parks, CMO = City Manager's Office,
CS = City Secretary, PS = Public Safety
L:\CTYDOCS\ORD\DRAFIICHANGES\ORD-RQS'nPRI-RNK2.WPD—PageRevised November 1, 1996
tops-3
Vl lr VI %J%ju%I Igumu, IGAa.7
MEMORANDUM
November 1, 1996 . ,
Curtis E. Hawk, City Manager
FROM: Ron Harper, City Engineer
SUBJECT: Developer Agreement with 1709 Southlake Oaks Addition, Lot 1, Block 1, located at
the northeast corner of the intersection of Shady Oaks Dr. and E. Southlake Blvd.
(F.M. 1709)
BACKGROUND
The commercial developer agreement for 1709 Southlake Oaks Addition, Lot 1, Block 1, is attached.
The usual requirements for performance bonds, letters of credit or cash escrow, and indemnification are
incorporated in the agreement.
There is one provision that requires Council attention. This developer originally intended to connect to
sanitary sewer by boring under F.M. 1709 adjacent to the entrance to Lakecrest and installing a sewer
line into a manhole in the Lakecrest Addition. Staff has requested, and the developer has agreed, to
construct the bore adjacent to the entrance to Bicentennial Park and to construct the line along the east
property line of Lakecrest (west property line of the Reutlinger Addition) to a stub at Caddo Lake Drive.
In consideration of this relocation, the developer has agreed to:
a) pay for the engineering cost for the extension to Caddo Lake Drive,
b) pay for 1/3 the cost of the bore (with the City paying 2/3 the cost),
c) pay for the construction of the line to Caddo Lake Drive with funds provided by the City.
The City's current Capital Improvement Program includes funds for this construction.
The second provision is under Section IV (Other Issues), Paragraph C (Park Fees); the Developer agrees
to pay for Park Fees in the amount of $1,150.00 for (2.3 acres at $500 per acre/lot).
RECOMMENDATION
Please place the developer agreement with 1709 Southlake Oaks Addition, Lot 1, Block 1, on the
N em r 5,,1996, Regular City Council Agenda for City Council consideration.
attachment: developer agreement
plat exhibit
C:%MTWIN60WDOS%COMMERCRSWAUI%D V-AGRMEM
10B-1
i
1709 SOUTHLAKE,OAKS ADDITION LOT 1, BLOCK l
COMMERCIAL DEVELOPERS AGREEMENT 11/05/96
An agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the
undersigned Developer, hereinafter referred to as the Developer, of 1709 Southlake Oaks
Additaon,Qa�ot 1B1t3Ck -L, to the City of Southlake, Tarrant County, Texas, for the installation of
certain community facilities located therein, and to provide city services thereto. It is understood
by and between the parties that this Agreement is applicable to 1709 Southlake Oaks Addition,
Lot 1,;Block 1, (a commercial development) and to the off -site improvements necessary to support
the subdivision.
I. GENERAL REQUIREMENTS:
A. It is agreed and understood by the parties hereto that the Developer shall employ
a civil engineer licensed to practice in the State of Texas for the design and
preparation of the plans and specifications for the construction of all facilities
covered by this agreement.
B. The Developer will present to the City either a cash escrow, Letter of Credit,
performance bond or payment bond acceptable to the City guaranteeing and
agreeing to pay an amount equal to 100% of the value of the construction cost of
all of the public facilities to be constructed by the Developer, and providing for
payment to the City of such amounts, up to the total remaining amounts required
for the completion of the subdivision if the Developer fails to complete the work
within two (2) years of the signing of this agreement between the City and
Developer. All bonds should be approved by a Best -rated bonding company. All
letters of credit must meet the Requirements for Irrevocable Letter of Credit
attached hereto and incorporated herein.
The value of the performance bond, letter of credit or cash escrow will reduce at
a rate consistent with the amount of work that has been completed by the
Developer and accepted by the City. Performance and payment bond, letter of
credit or cash escrow from the prime contractor(s) or other entity reasonably
acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu
of Developer's obligations specified above.
C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or
cash escrow amounting to 20 % of the cost of construction of underground public
utilities and 50% for the paving. These maintenance bonds, letter of credit or cash
escrow will be for a period of two (2) years and will be issued prior to the final
City acceptance of the subdivision. The maintenance bonds, letter of credit or cash
escrow will be supplied to the City by the contractors performing the work, and
Ito) .119)
the -City will be named as the beneficiary if the contractors fail to perform any
required maintenance.
D. It is further agreed and understood by the parties hereto that upon acceptance by
City, title to all facilities and improvements mentioned hereinabove, which are
intended to be public facilities, shall be vested in the City of Southlake and
Developer hereby relinquishes any right, title, or interest in and to said facilities
or any part thereof. It is further understood and agreed that until the City accepts
such improvements, City shall have no liability or responsibility in connection with
any such facilities. Acceptance of the facilities for this provision and for the entire
agreement shall occur at such time that City, through its City Manager or his duly
appointed representative, provides Developer with a written acknowledgement that
all facilities are complete, have been inspected and approved and are being
accepted by the City.
F. On all public facilities included in this agreement for which Developer awards his
own construction contract, the Developer agrees to the following procedure:
1. To pay to the City three (3 %) percent of the construction cost for
inspection fees of the public water, streets, drainage facilities, and sanitary
sewer.
2. To pay to the City two (2 %) percent of the construction cost for
Administrative Processing Fee for public water, streets, drainage facilities,
and sanitary sewer.
It is agreed by both the City and the Developer that the City will pay the
following testing fees and the Developer will be responsible to pay for all
other testing fees required by the City not listed below:
a) All nuclear density tests on the roadway subgrade (95 % Standard).
Trench testing (95 % Standard) shall be paid by the Developer;
b) All gradation tests required to insure proper cement and/or lime
stabilization;
c) Technicians time for preparing concrete cylinders;
d) Concrete cylinder tests and concrete coring samples.
Charges for retesting as a result of failed tests will be paid by the
Developer. Fees are payable prior to construction of each phase, based on
actual bid construction costs.
The Developer will be responsible to pay for all inspection fees when
inspection is required on Saturday or Sunday. These fees are considered
over and above the 3 % inspection fee as stated above. Acceptance of the
project will not be given until all inspection fees are paid.
10B-3
3. To delay connection of buildings to service lines or water mains-"",--*
constructed under this contract until said water mains and service lines have
been completed to the satisfaction of and accepted by the City.
G. The Developer will be responsible for mowing all grass and weeds and otherwise
reasonably maintaining the aesthetics of all land and lots in said subdivision which
have not been sold to third parties. After fifteen (15) days written notice, should
the Developer fail in this responsibility, the City may contract for this service and
bill the Developer for reasonable costs. Such amount shall become a lien upon all
real property of the subdivision so maintained by the City, and not previously
conveyed to other third parties, 120 days after Developer has notice of costs.
H. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.)
submitted by the Developer or Contractor on a form other than the one which has
been previously approved by the City as "acceptable" shall be submitted to the City
Attorney for the City and this Agreement shall not be considered in effect until
such City Attorney has approved the instrument. Approval by the City shall not
be unreasonably withheld or delayed.
I. Any surety company through which a bond is written shall be a surety company
duly authorized to do business in the State of Texas, provided that the City,
through the City Manager, shall retain the right to reject any surety company as
a surety for any work under this or any other Developer's Agreement within the
City of Southlake regardless of such company's authorization to do business in
Texas. Approval by the City shall not be unreasonably withheld or delayed.
J. The Developer agrees to fully comply with the terms and conditions of all other
applicable development regulations and ordinances of the City of Southlake.
K. The Developer agrees that the completed project will be constructed in
conformance with the Development Site Plan, Construction Plans and other permits
or regulatory authorizations granted by the City during the development review
process.
II. FACILITIES:
A. ON SITE WATER:
The Developer hereby agrees to install water facilities to service lots as shown on
the final plat of the 7w0Southlake0adcIionJ�Blocki, to the City of
Southlake. Water facilities will be installed in accordance with plans and
specifications to be prepared by the Developer's engineer and released by the City.
Further, the Developer agrees to complete this installation in accordance with
IOB-4
Ordinance No. 170 and shall be responsible for all construction costs, materials
and engineering. In the event that certain water lines are to be oversized because
of City of Southlake requirements, the City will reimburse the Developer for the
oversize cost greater than the cost of an 8" line. Additionally, the City agrees to
provide temporary water service at Developer's request and expense, for
construction, testing and irrigation purposes only, to individual lots during the
construction of buildings, even though sanitary sewer service may not be available
to the buildings.
B. DRAINAGE:
Developer hereby agrees to construct the necessary drainage facilities within the
addition. These facilities shall be in accordance with the plans and specifications
to be prepared by Developer's engineers, released by the City Engineer, the City,
and made part of the final plat as approved by the City Council. The developer
hereby agrees to fully comply with all EPA requirements relating to the planning,
permitting and management of storm water which may be in force at the time that
development proposals are being presented for approval by the City.
STREETS- ETS (not applicable)
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C. D- ON -SITE SANITARY SEWER FACILITIES:
The Developer hereby agrees to install sanitary sewerage collection facilities to
service lots as shown on the final plat of 1709 Southlake Oaks Addition, Lot 1,
Block 1, to the City of Southlake. Sanitary sewer facilities will be installed in
accordance with the plans and specifications to be prepared by the Developer's
engineer and released by the City. Further, the Developer agrees to complete this
installation in compliance with all applicable city ordinances, regulations and codes
and shall be responsible for all construction costs, materials and engineering.
D. E- EROSION CONTROL:
During construction of the subdivision and after the streets have been installed, the
Developer agrees to keep the streets free from soil build-up. The Developer agrees
to use soil control measures such as hay bales, silt screening, hydromulch, etc., to
prevent soil erosion. It will be the Developer's responsibility to present to the
Director of Public Works a soil control development plan that will be implemented
for this subdivision. When in the opinion of the Director of Public Works there
is sufficient soil build-up on the streets or other drainage areas and notification has
been given to the Developer, the Developer will have seventy-two (72) hours to
clear the soil from the affected areas. If the Developer does not remove the soil
within 72 hours, the City may cause the soil to be removed either by contract or
City forces and place the soil within the subdivision at the contractor's expense.
All fees owed to the City will be collected prior to acceptance of the subdivision.
E. E- AMENITIES:
It understood by and between the City and Developer that the 1709 Southlake,.9
Addition, Lot 1 Block,,,,,, , may incorporate a number of unique amenities and
aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls,
and may incorporate specialty signage and accessory facilities. The Developer
agrees to accept responsibility for the construction and maintenance of all such
aesthetic or specialty items such as walls, vegetation, signage, landscaping, street
furniture, pond and lake improvements until such responsibility is turned over to
a homeowners association.
"VeM MUMS
It is understood by and between the City and Developer that the Developer may
provide unique amenities within public right-of-way, such as landscaping,
irrigation, lighting, etc., for the enhancement of the addition. The Developer
agrees to maintain these amenities until such responsibility is turned over to a
homeowners association. The Developer understands that the City shall not be
responsible for the replacement of these amenities under any circumstances and
further agrees to indemnify and hold harmless the City from any and all damages,
loss or liability of any kind whatsoever by reason of injury to property or third
person occasioned by its use of the public right-of-way with regard to these
improvements and the Developer shall, at his own cost and expense, defend and
protect City against all such claims and demands.
G. 1-1-.- START OF CON TRUCTION:
Before the construction of the water, sewer, streets or drainage facilities can begin,
the following must take place:
1. Approved payment and performance bonds submitted to the City in the
name of the City prior to the commencement of any work.
2. At least five (5) sets of construction plans stamped "Released for
Construction" by the City Engineer.
3. All fees required by the City to be paid to the City.
4. The Developer, or Contractor shall furnish to the City a policy of general
liability insurance.
III. GENERAL PROVISIONS:
A. INDEMNIFI ATION
DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE
OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER,
WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT
LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS,
EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF
OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR
10B-7
LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS,
SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY
PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL
ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, INVITEES, OR TRESPASSERS.
DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND
EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING
FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE
CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS
OFFICERS AND EMPLOYEES.
B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County,
Texas.
C. Approval by the City Engineer or other City employee of any plans, designs or
specifications submitted by the Developer pursuant to this agreement shall not
constitute or be deemed to be a release of the responsibility and liability of the
Developer, his engineer, employees, officers or agents for the accuracy and
competency of their design and specifications. Such approval shall not be deemed
to be an assumption of such responsibility and liability by the City for any defect
in the design and specifications prepared by the consulting engineer, his officers,
agents, servants or employees, it being the intent of the parties that approval by the
City Engineer signifies the City's approval on only the general design concept of
the improvements to be constructed. In this connection, the Developer shall for
a period of two (2) years after the acceptance by the City of Southlake of the
completed construction project, indemnify and hold harmless the City, its officers,
agents, servants and employees, from any loss, damage, liability or expense on
account of damage to property and injuries, including death, to any and all persons
which may arise out of any defect, deficiency or negligence of the engineer's
designs and specifications incorporated into any improvements constructed in
accordance therewith, and the Developer shall defend at his own expense any suits
or other proceedings bought against the City, its officers, agents, servants or
employees, or any of them, on account thereof, to pay all expenses and satisfy all
judgements which may be incurred by or rendered against them or any of them in
connection with herewith.
D. This agreement or any part thereof or any interest herein, shall not be assigned by
the Developer without the express written consent of the City Manager, which
shall not be unreasonably withheld or delayed.
E. On all facilities included in this agreement for which the Developer awards his own
construction contract, the Developer agrees to employ a construction contractor
who is approved by the City, and whose approval shall not be unreasonably
10B-s
withheld or delayed, said contractor to meet City and statutory requirements for
being insured, licensed and bonded to do work in public projects and to be
qualified in all respects to bid on public projects and to be qualified in all respects
to bid on public projects of a similar nature.
In addition, the Developer, or Contractor shall furnish the payment and
performance bonds in the name of the City prior to the commencement of any
work hereunder and shall also furnish to the City a policy of general liability
insurance.
F. Work performed under the agreement shall be completed within two (2) years from
the date thereof. In the event the work is not completed within the two (2) year
period, the City may, at its election, draw down on the performance bond, letter
of credit or other security provided by Developer and complete such work at
Developer's expense; provided, however, that if the construction under this
agreement shall have started within the two (2) year period, the City may agree to
renew the agreement with such renewed agreement to be in compliance with the
City policies in effect at that time.
IV. OTHER ISSUES:
A. OFF -SITE AND/OR SEWER PRO RATA:
It has been the City's policy to pay the difference between required facilities versus
upgraded facilities required by the City to serve future developments.
C. D-. PARK FEES:
The developer agrees to pay the Park Fee for 1709 Southlake Oaks Addition, Lot
1, Block 1, of $500 per acre, in accordance with the Subdivision Ordinance No.
483, Section 7.0. There are approximately 2.3 acres in 1709 Southlake Oaks
Addition, Lot 1, Block 1, which would bring the total cost of Park Fee to
$1,150.00.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
M.
�11
Title:
Address
Date:
CITY OF SOUTHLAKE, TEXAS
LN
Rick Stacy, Mayor
ATTEST:
Sandra LeGrand, City Secretary
Date:
1OB-10
REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT
The Letter of Credit (L of C) must have a duration of at least one year.
2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The
City reserves the right to specify the face amount of the letter of credit.
The L of C must be issued by an FDIC insured bank in a form acceptable to the City of
Southlake. The City reserves the right to approve/disapprove the bank issuing the
Letter of Credit.
4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%)
percent, and has been profitable for each of the last two consecutive years.
5. The customer must provide the City with supporting financial information on the bank
to allow the City to ascertain requirements are met. Suitable financial information
would be the previous two (2) years December 31 Call Reports submitted to the FDIC
and audited financial statements.
6. Partial drawings against L of C must be permitted.
7. The City must be able to draft on sight with proof of amount owed.
8. The customer pays any and all fees associated with obtaining L of C.
9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days
prior to the expiration date on the L of C held by the City.
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City of Southlake, Texas
KBAM131:2 ME1
November 1, 1996
TO: Curtis E. Hawk, City Manager
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Policy for reimbursement of Council expenses pursuant to Southlake
Home Rule Charter, Section 2.05
During the City Council meeting held on September 17, 1996, Mayor Stacy appointed a Council
Sub -Committee consisting of Deputy Mayor Pro Tern Pamela Muller and Councilmembers Scott
Martin and Gary Fawks to come up with a policy for reimbursement of Council expenses that
would be in compliance with Section 2.05 of the Southlake Home Rule Charter. The City
Secretary was to assist them in this process.
The Sub -Committee met three (3) times in October (4th, 14th, and 25th) and are prepared to
present the attached draft of a policy. The draft has been sent to Analeslie Muncy, City Attorney
or her review, however, as of this time, we have not received her comments.
After reviewing, if you or Councilmembers with to discuss this draft policy, please feel free to
contact any member of the sub -committee.
/sl
SOUTHLAKE CITY COUNCIL
POLICY FOR EXPENSES
APPROVED BY CITY COUNCIL ON
PURPOSE AND INTENT
The purpose and intent of the following Expense Reimbursement Policy is to provide a standard
and uniform method of reimbursing the Mayor and City Council members for expenses incurred
while performing the duties pursuant to the Southlake Home Rule Charter, Section 2.05.
SEMINARS
Several organizations at State, Federal and Local levels provide worthwhile meetings and
educational seminars for elected officials throughout the year. These meetings and seminars are
helpful to elected officials in fulfilling their responsibility to the citizens, and important in
fostering legislation favorable to the City of Southlake. In attending seminars away from the
general area, the policy with regard to travel (meals, lodging, transportation, tipping) to be used
is the EMPLOYEE TRAVEL EXPENSE REIMBURSEMENT attached as Exhibit "A". Receipts are
required for all expense items. Accounting for expenses shall be the responsibility of each
Councilmember. An expense report shall be submitted to the City Secretary for processing and
submittal to the Finance Department. The City shall reimburse the Mayor and City Council for
expenses, including emergency items and unforeseen expenditures, subject to the review by the
City Secretary. Any questionable expense reports shall be referred to the Mayor and/or Mayor
Pro Tem for final consideration.
Upon the notice of an event, the City Secretary will provide information to the Mayor and/or
Councilmembers. Upon approval by the City Councilmembers, the City Secretary will make the
necessary plans for those attending the seminar/event.
Cash advances may be issued, if needed, to the Mayor and Councilmembers for expenses related
to trips for seminars and meetings in an amount sufficient to cover costs for lodging, travel, daily
per diem, ground transportation and parking. The request for a cash advance shall be made by
the Mayor or Councilmember to the City Secretary who will in turn process the travel advance
using conference/travel arrangement information available.
Except for the trips specifically outlines below, all travel and registrations at City expense by a
Councilmember shall be approved in advance by a majority vote of the City Council. Funds may
be budgeted for all members of the City Council to attend the following. All arrangements will
be made through the City Secretary.
♦ Texas Municipal League, Annual Meeting.
♦ Two meetings per fiscal year at the National level:
Ir 4 -;---
Southlake City Council
`.. Policy for Expenses
page 2
a. National League of Cities- Washington D.C.
b. Annual Congress of Cities and Exposition.
C. Other meetings as designated by a majority of City Council.
♦ Institute of Mayors and Councilmember conducted by TML.
♦ Local events sponsored by North Central Council of Governments (COG), Texas
Municipal League (TML) or State of Texas. Local events do not include over night or
travel expenses (D/FW Metroplex including Denton and Arlington)
♦ The Mayor or his designee shall be authorized to attend the Annual U.S. Conference of
Mayors.
♦ The Mayor or his designee shall be authorized to attend the annual visit to Toyoma, Japan,
in support of the Sister City Program.
In addition and with prior consent of the City Council, funds shall be authorized for unscheduled
and/or unanticipated trips as may be necessary for the Mayor and/or Councilmembers to meet with
Federal or State agencies concerning the City of Southlake's business.
Automobile, Mobile Phone. Pager, and other Expenses
♦ The Mayor's duties require that he shall have a mobile phone for use in the performance
of his duties as Mayor.
♦ The Mayor and each City Councilmember shall be furnished with an alpha pager in order
for the City Staff to send messages of meetings, emergencies, and important information
as necessary.
♦ The Mayor shall be furnished with a Credit Card for use while on City business, as it is
anticipated that the Mayor or his designee will buy lunch or dinner for meetings.
♦ The Mayor and City Councilmembers shall at the expense of the City, attend the following
dinners/luncheons:
Monthly Southlake Chamber of Commerce Luncheons.
110613
Southlake City Council
Policy for Expenses
page 3
Annual Southlake Chamber of Commerce Banquet.
Annual Southlake Employee Awards Banquet.
Annual Tarrant County Mayor's Christmas Banquet.
Annual United Way "Volunteer of the Year" Dinner.
Other City functions as may come up during the year.
♦ Reasonable requests for publications or other incidentals can be given to the City Secretary
for processing in advance of the expenditure. All such items will become the property of
the City of Southlake.
♦ Local mileage shall be reimbursed for trips out of the contiguous cities to Southlake at the
rate as outlined in the Employee Travel Expense Reimbursement, for approved trips.
OTHER ISSUES
Notwithstanding any of the above, the Mayor and members of the City Council are expected to
practice economy appropriate to circumstances in the performance of their duties. Requests for
publications or other incidentals can be given to the City Secretary for processing in advance of
the expenditures.
ion -�
EXHIBIT�.�
CITY OF SOUTHLAKE
EMPLOYEE TRAVEL EXPENSE REIMBURSEMENT
The City of Southlake Personnel Rules and Regulations Handbook Section 11, TRAVEL
POLICY GUIDELINES, shall serve as the guiding policy for all City related travel. This
discussion will assist in the specific procedures to be used for reimbursement and accounting of
eligible travel expenses.
All travel should be conducted with the underlying premise that taxpayer monies are funding
the travel. Employees should be conservative in the use of travel funds.
All expenses must be supported by documentation in the form of receipts, itinerary, etc.
Expenses submitted for reimbursement without receipts will not be paid without the express
approval of the Department Head and City Manager.
The travelling employee is responsible for completion of the Travel Expense Report within one
week of return. The Travel Expense Report should be returned to the Finance Department
upon completion and Department Head approval.
Acceptable travel expenses:
'deals - An allowance of $35.00 per day is established as the maximum. Only actual expenses
)uld be reported. A daily accounting of meals (including tips) supported by receipts is
,equired. In locations with unusually high meal costs (e.g., New York City), the per diem
rate may be adjusted upon approval by the City Manager. Employees may pay for meals of
other City of Southlake employees who are on City business, but should list the employees'
names on the Trip Report.
Lodgi - Reasonable hotel or motel accommodations for the minimum number of nights to
conduct City business is permitted. Luxury facilities are to be avoided.
Transportation - Personal vehicles may be used if the round trip does not exceed 250 miles. If
a personal vehicle is used for longer distance trips, the reimbursement shall be limited to the
lower of the mileage reimbursement for personal vehicles or air fare. The mileage rate will be
the same as established by the Internal Revenue Service. Coach fare shall be utilized for air
transportation. Car rentals are not authorized except with express approval of the Department
Head and City Manager. Airport shuttle vehicles or public transportation are to be used in
preference to taxis.
Unacceptable travel expenses:
Incidental personal items such as gum, cokes, candy and snacks other than meals
In -room movie charges (unacceptable under any circumstance)
ueasonable tips for baggage handling (in excess of $1 per bag)
—xcessive individual meal costs
!aG-ir
TRAVEL EXPENSE REPORT
INSTRUCTIONS
TRAVEL AUTHORIZATION/ADVANCE FUNDS REQUEST Must be completed for
travel out of the City on official business. The employee must obtain Department Head and
City Manager authorization for City travel. Employees may request advance travel expenses
to defray expected costs. The advance amount should include estimated meal cost, lodging
and other expenses. Travel advance requests should be submitted to the Finance Department
at least five working days prior to departure so that the request can be processed timely. On
the Travel Expense Report form, complete all information in the top section including
employee name, date, job title, department/division name, destination and purpose of trip,
advance requested, object code number, departure date and return date.
TRIP REPORT. Must be completed whether or not travel funds were advanced for out of town
travel. This form should be used for local mileage reimbursement while conducting official City
business. If more space is necessary, additional sheets with mileage documentation may be
attached to the Trip Report. Upon return from City business, all expenses to be reimbursed must
be accounted for on the Travel Expense Form that was used for travel authorization. Signatures
of the City Manager and Department Head are required.
The Trip Report contains three major expense categories: Meals; Lodging, Registration,
Transportation; and Other Expenses. The daily listing of meals must be made and receipts
ached in date sequence. If the space on the form is inadequate, list information on an additional
-:et and attach to the Travel Expense Report. Receipts for lodging, air fare and registration, if
applicable, should be attached. Mileage should be documented with a trip log for personal
vehicles. Other expenses include shuttle fees, tips and other costs incurred while conducting City
business.
Trip Reconciliation. The Trip Reconciliation provides a summary of all expenses associated with
travel. The total from each of the three major expense categories should be carried forward to the
line items under the Trip Reconciliation and added together for a Grand Total. Any advance funds
received should be deducted. Any items paid for with a City credit card (VISA) should be
deducted. A negative resulting balance indicates an amount that should be paid to the City.
Checks should be made payable to the City of Southlake and tendered to the central cashier. The
receipt should be attached to the Travel Expense Report. A positive resulting balance indicates
an amount due to the employee. This request will be paid by the accounts payable personnel as
part of the normal processing procedures.
�..�� 19, 1994
ei2.Pe
TRAVEL POLICY GUIDELINES
I. Policy Statement
The City recognizes that the public interest requires
officials and employees to travel from time to time to conduct
City business. Further, the City recognizes that the public
interest is served by the advancement of training and
professional development of officials and employees.
II. Purpose
The following policy guidelines are set forth to establish and
maintain stewardship of public funds.
III. Application
These policy guidelines are intended to apply to all
officials, elected and appointed, and all employees who travel
on behalf of the City.
IV. General Guidelines
A. Elected Officials
1. Elected officials should review the details of any
seminar, conference, event, etc., to assure that
attendance is beneficial in helping them perform
their duties as City Councilmembers.
2. Upon deciding to attend a particular event, the City
Councilmember should contact the City Secretary's
office and request that the staff handle the
registration, reservations, travel accommodations,
etc. A request for travel expenses may be made to
the City Secretary at that time.
3. Upon return, the City Councilmember shall file
receipts 'with the City Secretary for all expenses
related to the event. These receipts should be
filed in a timely manner or at least by the next
regularly scheduled City Council meeting. All funds
which were advanced in excess of expenses should be
returned to the City Secretary and any balances due
to the Councilmember will be processed in the next
regular accounts payable.
4. As a general policy, all travel within the state on
behalf of City is unrestricted. The City Council
should voluntarily restrict the number of its
members representing the City outside the state, or
traveling to any single state or national conference.
B. Appointed Officials
Members of City boards, commission, and committees may
from time to time be required to travel in their official
capacity. In such instances travel must be authorized by
the Mayor in order to be eligible for reimbursement.
C. Employees
1. Travel Authorization. Prior approval is an integral
part of the travel policy. Employees who travel
more than fifty miles from the city on City business
and incur expenses are eligible to receive expense
reimbursement subject to the prior approval of the
travel by the City Manager. Legitimate emergencies
or required weekend trips where it is impractical to
get prior approval may be an exception.
2. Travel Expense Advances. Employees may request
advance travel expenses to defray expected costs.
The request is submitted on the City of Southlake
Travel Expense Report --(Top Portion) --with the
request for Travel Authorization.
Travel advances should be submitted at least three
working days prior to departure. Once the travel
for which an advance is requested has been
authorized, the employee must complete a "Payment
Authorization Memo" and submit it to the Finance
Office. This memo is available from the Finance
Office and the Department Heads. Upon the
completion of the trip the employee must complete
the bottom portion of the Travel Expense Report and
at such time reimburse the City or be reimbursed the
difference between the advance and actual trip
expenses. These reports must be submitted within
five working days after the employee returns from a
trip.
3. Out of State Travel. A Department Head will be
allowed one trip out of State to a National
Conference. Generally, employees below department
head will not be allowed to travel out of State. If
a Department Head is out of the office, next in
chain of command should be in the City. Exceptions
to these rules must be approved by the City
Manager. An exception, such as an individual who is
an officer in the organization, or on the program of
the meeting, could be allowed to attend with City
Manager approval.
4. In State Travel. Only one person, per department,
will be allowed to attend the annual TML Meeting or
other conference outside the local area.
5. Local Travel. Employees who travel on City business
within a fifty mile radius of the City and incur
-2- /VG 4
V.
expenses may be eligible to receive reimbursement
for allowable expenses upon approval by the City
Manager. Such approval will be subject to the
availability of budgeted travel funds.
Allowable Expenses
The following comments are for information and guidance in
determining which expenses are allowable. This is intended as
a guide and is not necessarily all inclusive. Discretion
remains with the City Manager to approve travel expense for
unusual circumstances.
A. Transportation
1. Personal vehicles may be used if the round trip
does not exceed 250 miles. If a personnel vehicle
is used by an official or employee for longer
distance trips, the trip reimbursement shall be
limited to the lower of the mileage reimbursement
for personnel vehicles or the air fare.
2. Air travel reimbursement shall be limited to
"coach" fares utilizing the most direct route where
such services are available.
3. Car rentals are not authorized, as a rule. If
extenuating circumstances require car rental, a full
explanation for the car rental is to be attached to
the request for reimbursement.
4. Airport shuttle vehicles or public transportation
are to be used whenever -feasible, in preference to
taxis.
5. City vehicles may be used for local travel.
Approval of the City Manager is required for longer
trips.
B. Meals
1. Expenses for meals and meal tips are not to exceed
thirty five dollars ($35.00) per "day per person.
This is not to be construed as a flat per diem rate,
and only actual expenses incurred are to be reported.
2. In cases where travel is in a location with
unusually high meal costs (e.g., New York City), the
per diem rate may be adjusted.
3. Employees may pay for meals of other City of
Southlake employees who are on City business, but
should list the employees' names on the Trip Report.
-3-
W
E.
4. Reimbursement for the reasonable cost of meals for a
City guest may be authorized by the City Manager but
only when it is clearly in the best interest of the
City of Southlake.
Lodging
1. While the City of Southlake expects its officials
and employees to be comfortably lodged, luxury hotel
and motel accommodations are to be avoided.
2. Reimbursement for lodging shall be limited to the
minimum number of nights required to conduct the
City's business.
Travel Time
The Trip Report must state the inclusive dates and times
of absence. Adequate travel time is to be allowed, but
travel expenses are not to be paid for absences not
required by City business.
Reimbursement
Upon completion of travel, employees are to submit a
complete Trip Report for reimbursement of expenses.
Receipts should be attached to the report including:
1. Hotel or motel bills
2. Transportation bills (air fare, etc.)
3. Automobile expenses, such as gasoline, oils, etc.
(when applicable).
F. Travel and Travel Expenses for Dependents:
1. The City of Southlake will pay registration fees for
the spouse of an employee for an association or
conference and the hotel bill for a spouse sharing
the same room with an employee.
2. No meals for the employee's spouse, other than those
included in the registration fee, will be eligible
for reimbursement.
3. Travel Expenses of spouses who accompany employees
by commercial carrier will not be paid by the City.
4. Exceptions to policies outlined above are to be made
only in exceptional circumstances and only in those
cases where the best interest of the City are
clearly manifest. The City Manager must approve
such exceptions.
-4-
G. Miscellaneous:
1. City vehicles will be used to the maximum extent
possible.
2. The City of Southlake will reimburse officials and
employees for the use of their personal
transportation at the rate equal to the IRS
allowable cost per mile.
3. Expenses for entertainment are not reimbursable.
4. Personal long distance telephone calls are not
reimbursable, except that, a call to the traveler's
residence or family is authorized each day while
away on business.
5. Vacations or personal trips in conjunction with
travel require special authorization and the
expenses incurred in connection with such are not
reimbursable.
VI. Effectiveness
A. Travel Budget
1. Travel and associated expenses are generally planned
during the budget process. However, circumstances
and lack of foreknowledge of events may preclude
adhering to budgeted travel plans in some
instances. However, the total amount budgeted for
travel will not be exceeded without City Manager
approval.
2. This policy is presented to serve as a guideline,
and there may be occasions or circumstances which
may require allowance for items not addressed within
this policy guideline. Such allowance shall be
subject to City Manager approval.
B. Effective Date
This policy guideline shall become effective upon
approved order of the City Council. Approved by Minute
Order June 20, 1989.
City of Southlake, Texas
MEMORANDUM
November 1, 1996
TO: Curtis Hawk, City Manager
FROM: Billy Campbell, Director of Public Safety
SUBJECT: TxDOT Speed Zone Letter
We have received a copy of the engineering and traffic investigation study conducted by TxDOT
Traffic Operations Division, along with their request for us to pass an ordinance raising the posted
speed limit to 55 mph on F.M. 1938. We do not disagree with the results of the study since TxDOT
had not erected signs showing our 4545 mnh limit that they asked us to set during construction.
Because TxDOT had not posted signs on F.M. 1938 to indicate the change from 55 mph to 45 mph
coming into Southlake, we have been unable to enforce the 45 mph limit. Approximately 4-5 weeks
ago Deputy Director Gregg and Sergeant Daniels discussed the issue of no signs being posted with
Wallace Ewell, TxDOT Engineer, and as a result of that discussion, the signs were posted about three
weeks ago.
(aw Enforcement of the posted 45 mph limit has begun and we feel that any new study conducted
hereafter will indicate a need to retain the 45 mph speed. TxDOT, understandably, is trying to move
traffic through the area, however, the Southlake Department of Public Safety feels that there are other
more. serious safety factors to be considered in establishing the speed limit on this road:
The new car wash located on the northbound side of F.M. 1938 (which I believe was not opened at
the time of the study) is an example of the types of businesses that will proliferate on this major
thoroughfare. Current zoning on the east and west side of the road from the intersection of F.M.
1709 to the southern Southlake City Limits insures development along this roadway.
The commonality of the majority of the businesses that are or will be on this roadway, by their nature,
invite large numbers of vehicles that stay for short periods of time, generating a great deal of traffic
entering and exiting from and onto F.M. 1938. Allowing a 55 mph speed limit creates an unsafe
situation for our citizens and all those who traverse the area. In addition, as F.M. 1938 heads north,
it enters into a T onto F.M. 1709 at an already burdensome intersection.
All of the aforementioned will have a definite impact on the motoring public, and increasing the speed
will only exacerbate the existing safety problems on this road.
I am available if you have any questions.
bc�
BC/bls
it -A -I
(Owe
, Texas Department of TraUu
P.O. BOX 6868 • FORT WORTH, TEXAS 76115-0868 • (817) 370-6500
October 4, 1996
Subject: Speed Limits in Southlake
Control: 1978-01
Highway: FM 1938
County: Tarrant
Ms. Sandra L. LeGrand
City Secretary
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Dear Ms. LeGrand:
S k
Based on recent engineering and traffic investigations by our Traffic Operations Division,
we recommend the posted speed limit be raised to 55 mph on FM 1938.
If the City Council concurs with our recommendation, we would appreciate them passing
an ordinance establishing the proposed speed zone. We are enclosing two copies of a
typical speed zone ordinance and copies of the radar survey sheets for their
consideration. Please send a copy of the ordinance to this office when it is passed and
keep the survey sheets for your records.
If you have any questions, please contact Scott Walters at (817)370-6812.
AAA/scw
Enclosures
Sincerely,
Ped. Abukar, P.E.
Assistant Director of Transportation Operations
\ \ P� -'�'
An Equal Opportunity Employer
IF1 r? n rn n
SPEED ZONE ORDINANCE
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS
ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF
SECTION 167 AND 169 OF ARTICLE XIX, R.C.S. 6701d, UNIFORM
ACT REGULATING TRAFFIC ON HIGHWAYS, UPON THE BASIS OF
AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN
STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF SOUTHLAKE AS SET OUT
IN THE ORDINANCE: AND PROVIDING A PENALTY OF A FINE
NOT TO EXCEED $200.00 FOR VIOLATION OF THIS ORDINANCE.
WHEREAS, Section 167 and 169 or Article XIX, R.C.S. 6701d, Uniform Act
Regulating Traffic on Highways, provides that whenever the governing body of the City shall
determine upon the basis of an engineering and traffic investigation that any prima facie
speed therein set forth is greater or less than is reasonable or safe under the conditions found
to exist at any intersection or other place or upon any part of a street or highway, with the
City taking into consideration the width and condition of the pavement and other
circumstances on such portion of said street or highway, as well as the usual traffic thereon,
said governing body may determine and declare a reasonable and safe prima facie speed limit
thereat or thereon by the passage of an ordinance, which shall be effective when appropriate
signs giving notice thereof are erected at such intersection or other place or part of the street
or highway, now therefore,
BE IT ORDAINED by the city council of the City of
Southlake, Texas:
Section 1. Upon the basis of an engineering and traffic investigation heretofore made as
authorized by the provisions of Section 167 and 169 or Article XIX, R.C.S. 6701d, Uniform
Act Regulating Traffic on Highways the following prima facie speed limits hereafter
indicated for vehicles are hereby determined and declared to be reasonable and safe, and such
speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the
named streets and highways, or parts thereof, described as follows:
A
A
Control & Section: 1978-01
Highway: FM 1938
M.P. 0.000( FM 1709) south, 0.892 mile to M.P. 0.892(Southlake/ Keller city
limits) zoned at 55 mph.
Section 2. Any person violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more
than two -hundred ($200.00) dollars.
This ordinance modifies previous ordinances pertaining to the above referenced highway.
PASSED AND APPROVED THIS
ATTEST:
City Secretary
DAY OR _
APPROVED:
Mayor
19
r"nunr\ i-ru 1 uR v r-rILt.LG J�'LLL Recorder S- , A 114e,S
Field Tally Sheet __--------
��Qte _ 9 G _96 County i a�� 1 Y Highway fn��93t3 _ Location aoiu�j C4C,.C4,z�'
TimeFrom Z5-0-_ To _.�� � .. Weather _ /P�,v-Surface Type lea/t-- G f
MPH Direction ;Q MPH Direction u
Rou
>70 /? " >70
70
70
69
69
68
68
1 2
67
l�9
67
66
65
64
2s
64
63
62
61
60
/
�
63
/
12
!
) 2
62
61
60
�s f/�
e •Cry
1
►2
/ s fid
,�
! 2S
z
59
58
s
95
59
58
57
56
S
57
56
1 I I
I
t o
55
77
55
5a
54
51
50
LHIiW I
So
53
I
y
/
,3 0
/9
S2
51
50
3
0
3
49
!
/
49
/ /
7
48
I
48
1
47
47
/
5
46
0
46
2
45
/ /
3
45
/
44
43 1
43
42
42
41
41
40
40
39
39
38
38
37
37
36
36
35
35
34
34
33
33
3
32
31
<3
<30
Total Cars _ /30 _
85 Percentile Speed �Q_ �
Remarks S/any ��A-
Total Cars2_
85 Percentile Speed___ _ S %_1,_,a L,
RemQrks: sa►+c. ----
I
City of Southlake, Texas
MEMORANDUM
November 1, 1996
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Discuss the Preliminary Rehabilitation Alternative to the Continental Park Estates
Dam
BACKGROUND
In the June of 1995, the City entered into a contract with Freese and Nichols, an engineering firm, to
inspect, assess the dam and the implications for upstream improvements. The immediate question was
the potential impact on the dam if the City replaced the low-water crossing on Scenic Drive. Continental
Park Estates Lake and Dam are private. The lots bordering the lake are platted to the center of the lake.
Also, there is a 40-foot drainage easement on the recorded plat that extends through the middle of the lake
which follows the old creek location. (See an attached plat exhibit.)
The attached Continental Park Estates Inspection and Assessment of Dam, dated August 15, 1995
discusses two major points:
1. the "dam's spillway is in need or repair and has very little capacity to pass flood flows with
overtapping the embankment section"
2. "increased inflows will increase the occurrence of embankment overtopping ... "
COMMENTS
After Staff received the inspection and assessment on the dam, Staff advised City Council not to make
improvements to the low-water crossing Scenic Drive.
Freese and Nichols were contracted to extend their original study to look at possible alternative solutions
for improvements to the dam. Freese and Nichols met with Mayor Stacy and Staff on September 30,
1996 to discuss four options (A, B, C and D) for improving the spillway. Based upon that meeting,
Freese and Nichols also prepared three additional estimates which would "breach" the dam; i.e., remove
the dam and dredge or remove the silt. This information is attached as Freese and Nichols Memorandum.
Staff will be prepared to discuss this item and the alternatives. Staff seeks City Council's direction as
to^what procedure or action to take in response to the assessment of the dam.
BW/Is
`.achment: August 15, 1995 Freese and Nichols Study
Freese and Nichols Memorandum
11B-1
ra
Simoa W. Fnxse, P.E. 1900-1990
Muvin C. Nichols, P.B. 1896-1969
In,
FRMSE • NICHOLS
IL
MEMORANDUM
TO: File
FROM: Jerry Fleming F t'�V -
SUBJECT: Continental Park Estates Dam 0 C T 0 4 lgr. J
V
DATE: September 30, 1996 DEPI OF PUBLIC WORKS
Ron King and I attended a meeting on this date to discuss preliminary findings and
possible alternatives for the dam in Continental Park Estates with City of Southlake officials.
Attending the meeting were the following:
Rick Stacy Mayor
Curtis Hawk City Manager
Bob Whitehead Director of Public Works
Greg Last Community Development Director
Ron Harper Assistant Director -of Public Works
Items discussed included the following:
a. Bob Whitehead began the meeting by giving a brief overview of the problem at the
site- and explained that F&N had previously provided a study of the dam and that now
a more in depth study was being :made to examine - possible solutions: aild define
associated cost range. Bob also stated that implementing a, solution to the dam will :free
the city up to address concerns with the low-water crossing at the upstream end of the
lake at
b. Bob stated that lots that back up to the lake are plated to the center of the original
creek centerline and the city has a drainage easement. The width of the drainage
easement is thought to. be 50-ft. Freese & Nichols should call city and find out what that
width is for possible alternative consideration.
C. It was stated the lakie,is technically -'a private lake that is owned by the 12-15 home
owners surrounding the lake.
d. The homeowners are interested lnF two ;things `.):1) Make improvements that will
FRFME AND NICHOLS • 4055 INTERNATIONAL PLAZA, SUM 200 • FORT WORTH, TWCAS 761094895
TELEPHONE: 817 735-7300 • METRO: 917-429-1900 0 FAX: 817-735-7491 • FORM DATE: 6/14/94
11B-2
I
r.
maintain the integrity ing a major
of the dam and prevent it from being washed out dur'
storm. The dam has been overtopped several times in past floods 2)xRem ng ,
has . been deposited- inuthe lake:' The homeow pazeIItly ue taking the poslhcta that
upstream development has caused the significant increase in siltation. Ron King said that (W based upon field observation the lake depth is 10'-15', but he had no idea of the siltation
amount.
e. Mayor Stacy said that the homeowners should be involved. This will most likely
mean meetings with the homeowners for briefings and discussions. Meetings with
homeowners was not included in our scope of work. Ron Harper mentioned a precedent
situation where the land owner provided the majority of funding for repair of an existing
spillway.
f. Curtis Hawk and the Mayor were concerned that city participation in a solution would
set a precedent that could lead to improvements on other private properties.
g. Ron King briefly discussed technical parameters associated with the study and
presented possible spillway alternatives that will maintain dam integrity. He also
presented preliminary planning cost estimates.
h. Mayor suggested that the council be briefed to educate them on the situation. One
possible position the city may take would be to simply breach the dam in the area of th
homeowners. e
drainage easement. As discussed, this solution would not be very popular with the
L The mayor requested that F&N look at alternatives that would allow homeowner
Participation. Some possible considerations could be:
1. Dedicate the lake as a public park and let the city become responsible for
costs.
2. Establish a base cost for city participation that could include several scenarios
such as 1) cost to breach the dam, 2) cost to remove the entire dam and 3) cost
to remove the accumulated silt.
3. Depending upon the solution referred by city homeowners
p, a cost plan for
making modifications to the dam could be distributed amoung the homeowners. ,
j. Freese & Nichols will provide an estimate to the city by no later than 3:00 pm on
Tuesday (10-1-96) for item h.2.
XC: Bob Whitehead
SOL96373
RGK
FREESE AND NICHOLS • 4055•' NATIONAL P
TELEPHONE: 817-735-7300 LAZA' SUrM 200 • FORT WORTH, TEXAS 76109-4895
MEIILO: 817 429 1900 •FAX: 817-735-7491 • FORM DATE: 6114/94
11B-3
MON*
INGram - w14tfOt s
Mewormdum
FROM: Ron King
SUBJECT: City of Southlake - Continental Park Estates Dam
SOL 96373
Cost Estimate for Bach of Dam and Dredging
DATE: October 1, 1996
Aim= W. Fm-, P.S. 19pp_IM
lk�r� C Ni hOk P.S. It
oonsts action cost for dew rub theCaY Y Y (Sept. e e
lake. The attached %beet lists the cow f reaelft the • a the silt fto�m the
minimum breach of the dam, and °M. opam mum broach of this dam, a
total removal of the dam and S �° dos' (ma'dmnm bz+each) r'ts
channel with 15' bottom wi tip c '0.
°f ct�c uA +tarn of the dam_ A pilaf
silt, and grass would be l 1m side lopes would be excavated in the remahft
=«, to be 5786,p9S pthrouwOuld the area of the lake ad �,
of the darn, to allow a minimum breach. ° Option of rento`►iag a t mal I tLc middle
be excavated in the m'h upgwam of the (0 bottornouM � 4.m' 1 P man 1 to
would be Provided only for, the arcs of eaacaWkw. whhru the MUMted to be $359,775. Optiaa� t �y's 7 is opt
with a cost of appa 1, $323,656. la>re with the dam st1�l in per,
Thm CO3t Gsdni4t= wem00 following aU`nw4XiOUC
1. All excavated or dmdpd material from bo61 tho 4M i
PA* at the northt end of the Cjq, �y 12 s>� 'N°� be ha ded to the.
mate a1s within th>r _ t°P. If the City is able
of Me lajm� the cm
Of azcav3tioa.($24 to S31-pea Cy shown in the could be bwed 0, $9�Cy.
2. �
Imo" lain& would be performed by a 24- steel siphon pipe with gate dovam end. It t ho�uld t:tiGe applo�Wy a week to comp the wa d te valve at
3. G`iassi�-
ng would be aocomplished by hydromulahing.
xc: Bob plead
Je► Y Piemiag
' E MWNL'817-7W73D0*4q3 laftULMAZA.BM 82"*Po"WO .7IMM761Q9405
817.4Z9-1909p'A7G 817-73S.7411
11B-4
Continental -Park Estates Dam
Hydrologic Analysis
• Current, Developed Airport, Ultimate Conditions Determined
• 3 Acre -Ft Difference in Volume ---> Ultimate Used
TNRCC Requirements
• Size/Hazard Classification: Small, Low Hazard Dam
• State Requires 25% PMF
• 100-Year a Little Higher ---> 100-Year Suggested
Outstanding Issues
• Lowering Spillway Crest
• Raisin D . g am
• Removing Trees
• _ Dredging Lake
Options
• A - 90' Broadcrest Spillway; No Parapet; Same Crest Elev.
• B - 70' Broadcrest Spillway; No Parapet; Lower Crest 6"
• C - 55' Broadcrest Spillway; 1' Parapet; Same Crest Elev.
• D - 40' Broadcrest.Spillway;. 2' Fill Same Crest Elev.
11 B-5
FREE
R TEQWE8nAKEW92
CI7Y OF SOUTHLAKE. TEXAS
11B-6
1
OPINION OF PROBABLE CONSTRUCTION COST 1
rrteese - N�cHOLs REHABILITATION OF CONTINENTAL PARK ESTATES DAM
CITY OF SOUT HLAKE, TEXAS
ITEM DESCRIPTION QUANTITYA.F UNIT UNIT PRICE PRICEILF TOTAL LF
TOTAL
OPTION
1
2
3
4
5
6
CONCRETE SPILLWAY
EXCAVATION FOR SPILLWAY
GROUTED RIPRAP
PARAPET WALL
FILL
GROUTED RIPRAP UPSTREAM SLOPE PROTECTION
11
41
0.74
1
02
1
CY
CY
CY
LF
CY
CY
$36225
$10.14
$217.35
$21.74
$8.69
$217.35
$3 .75
$415.86
$160.84
$21.74
$1.74
5217 35
90
90
90
1000
1000
300
$358,627.50
$37 427.67
$14 475.51
$21 735.00
$1738.80
$65 205 00
7
EXCAVATION FOR UPSTREAM SLOPE PROTECTION
1
CY
$10.14
$10.14
300
$3 042 90
OPTIONO2
1 CONCRETE SPILLWAY
2 EXCAVATION FOR SPILLWAY
3 GROUTED
4 PARAPET WALLALL
5 FILL
6 GROUTED RIPRAP UPSTREAM SLOPE PROTECTION
7 EXCAVATION FOR UPSTREAM SLOPE PROTECTION
•
11.4
43
0.74
1
02
1
1
CY
CY
CY
LF
CY
CY
CY
$36225
$10.14
$21735
$21.74
S8.69
$21735
$10.14
$4 129.65
$436.15
$160.84
$21.74
$1.74
$21735
$10.14
70
70
70
1000
1000
300
89 075 50
S30 .43
S11 .73
$21 735.00
$1738 80
$$l .00
38
2 0
iss
1
2
3
4
5
6
7
CONCRETE SPILLWAY
EXCAVATION FOR SPILLWAY
GROUTED RIPRAP
PARAPET WALL
FILL
GROUTED SLOPEPROTECTION
EXCAVATION FOR UPSTREAM SCOPE PROTECTION
..
11.8
44
0.74
1
02
i
1
CY
cY
CY
LF
CY
cY
CY
$10.14
$217.35
$21.74
.69
1735
10.14
$4 7455
$44629
$160.84
S21.74
$1.74
$217.35
$10.14
55
55
1000
1000
300
300
10025
$24jW.06
$8 846.15
SZt T35 00
51738.80
3�o x.1
1
2
3
4
5
6
CONCRETE SPILLWAY
EXCAVATION FOR SPILLWAY
GROUTED RIPRAP
FILL
GROUTED RIPRAPUPSTREAM SLOPE PROTECTION
EXCAVATION
12S
45
0.74
1071
1 I
CY
CY
CY
LF
CY
25
$10.14
$217.35
$21.74
1735
8.12
$456.44
160.84
$40.64
521735
40
181 125 00
40
i18 .40 ;
40
43356 `
1000
$40,644.45
300
565
FOR UPSTREAM SLOPE PROTECTION
1
CY
$10.14
$10.14
300
.00
$3 042 90
3l4
1
2 STAMPEOOON(tETE
3
4 SANDSTONEIN-LAY1
5 DREDGING
L_(
COLOREDOONCRETE
WASHED POUR
1
1
1 .
1
LF
LF
LF
U=
CY
S181.12
1735
1735
A3
$14.49
$181.12
$217.35
$217.35
5326.03
$14.49
1
ii81.12
$217.35
1
1735'
1
5326A3 %
1
$14.49
ROESTWATE14OV oSm)A wE5TLAKE.W62
1 113-7
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11B-8
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11 B-9
4U6 17 1025
A
A
FREESE-NICHOLS
August 15, 1995
Mr. Robert R. Whitehead
Director of Public Works
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
DEPT. OF PUBLIC WORKS
Re: Continental Park Estates
Inspection and Assessment of Dam
SOL95168
Dear Mr. Whitehead:
In accordance with the engineering services agreement between Freese & Nichols, Inc.
(F&N) and the City of Southlake dated June 20, 1995, we are pleased to submit this letter
report concerning the results of our inspection and assessment of the private. dam in
Continental Park Estates. The visual inspection of the dam was performed on June 29,
1995 by Brian Coltharp, E.I.T. and Jay Scanlon, E.I.T, under -the direction of John R.
King,,.P.E. Access.to the dam was provided by the City via the Bender.property which is
adjacent to the dam. Mr. Bender was present during a portion of the inspection and was
an excellent source of information. The results of the visual inspection and subsequent
assessment of the dam are summarized below. Photographs taken -while at the .site are
included in Attachment 6.
INTRODUCTION
The dam in Continental Park Estates is . located in the City of Southlake, as shown -on
Attachment 1. The lake and dam are owned by the surrounding property owners. The
dam is an earth embankment structure approximately 300 feet long with a 12 feet wide
crest and approximate 4.5 horizontal - to 1 vertical (4.5:1) downstream slope. There was.
no available information concerning the internal configuration of the dam, the materials
comprising the dam, or of the construction -techniques to build the dam. It is likely that
the dam is relatively homogeneous with no internal sand drains or filters. The
embankment material probably came from the lake bed. See Attachment 2 for a.sketch
of the dam. Not enough of the upstream face of the, dam was exposed above water levee:
to determine its slope. There was no evidence of upstream slope protection. The dam
has a 9%7' long, concrete broad -crested weirspillway `near the left abutment. The crest
Freese and Nichols, Inc. Engineers Environmental Scientists Architects
4055 International Plaza Suite 200 Fort Worth, Texas 76109-4895
817-735-7300 Metro 817-429-1900 Fax 817-735-7491
11B-10
Mr. Robert R. Whitehead(Mwl
August 15, 1995
Page 2
of the spillway controls the normal pool level. The spillway is approximately 6 feet wide
at the crest and has a 6:1 sloping downstream face. See Attachment 3 for a sketch of the
concrete spillway. The top of the dam is approximately 1.4 feet above the spillway crest
near the spillway at the left abutment and is approximately 2.8 feet above the spillway
crest near the right abutment. There are no other means to discharge flows.
EMBANKMENT OBSERVATIONS
A visual inspection of the embankment was made beginning at the left abutment near the
concrete spillway. Several items noted are listed below:
(1) The condition of the embankment from near the center to the left abutment
was difficult to ascertain due to the large amount of overgrown vegetation
in this area. (see photo on Plate 5). There were no general signs of
instability.
(2) No seepage was visible along the downstream toe of the embankment or
along the downstream slope of the embankment at the time of our visit.
(see photo on Plate 2).-
(3) There are several trees growing up through -the embankment.. There are
five trees just to the right of the spillway which are greater than one foot. in
diameter. (see photo on Plate 5). It is likely that the trees' root systems
extend through the .embankment all the .way to the lake..
.(4) There is a dip in the downstream slope of the embankment approximately
175 feet from. the right abutment. - The extent of . the dip toward the left.
abutment -is difficult to. determine due to the overgrown vegetation. The
exposed length of the dip is approximately 20 feet. The dip could be the
result of a shallow surface slide or could. be due to erosion. According to
Mr. Bender, the dam has been subjected to small overtopping flows- in this .
particular area over the last few years. The. overtopping flows could have
caused surface erosion or saturated the slope, resulting in a slide. The area
is now -covered with vegetation, indicating that the dip occurred some time
ago. (see photos on Plate 3). -
11B-11
Mr. Robert R. Whitehead
Augfiif'15, 1995
�,, Page 3
(5) There is a 1.5-foot deep, 1-foot diameter hole just downstream of the dam
crest, approximately 150 feet from the right abutment. According to Mr.
Bender, the hole was dug for the planting of a tree. The tree was not
planted, and the hole was not backfilled. (see photo on Plate 2).
(6) The upstream slope of the embankment has a vertical erosion face because
the embankment is not protected against wave action. (see photos on
Plate 4).
(7) There are beaver dens in the embankment approximately 25 feet right of
the concrete spillway. The entrances to the beaver dens are below the
water surface. At the time of our visit, there was no evidence that the
beaver dens extended the entire length through the embankment.
Mr. Bender indicated that at one time,he had located an exit hole in the
dam crest approximately 5 feet from the upstream edge of the dam crest.
Mr.. Bender has trapped some beavers at the dam.. It is .presently unclear.
whether or not there are beavers currently active. at the dam.. (see photos.
on Plate 6).
SPILLWAY OBSERVATIONS
(1) A large erosion pool has formed downstream of the concrete spillway. The
pool extends 26 feet downstream of the end Hof the spillway, is 19 feet wide,
-and the .bottom of the pool is approximately 13 feet below the elevation of
the end of the spillway. (see photos on Plate .8):..The-erosion appears to
be active and continuing to move back toward -the lake.
(2) The* erosion. downstream of the. _spillway :has " cut back underneath the
spillway structure and has- exposed the spillway's concrete toe wall. (see
photos on Plate 8).
(3) There is extensive cracking of the concrete. See Attachment 4 for a
diagram which documents the location and size -of the cracks. (see photos
on Plate 9).
(4) There were no signs of seepage alongside the "spillway. (see photos "on
Plate 8).
11B-12
Mr. Robert R. Whitehead
August 15, 1995(W
Page 4
(5) The creek bank is eroding where it makes a bend to the right, about 50 feet
downstream of the dam. The erosion is active and is caused by spillway
discharges. (see photos on Plate 10).
DISCHARGE CAPACITY
Attachment 5 gives the spillway discharge capacity for overflow depths up to 18 inches
before the embankment section begins to be overtopped. The spillway has a maximum
discharge capacity of approximately 47 cubic feet per second (cfs) before overtopping of
the embankment occurs. This discharge capacity (Q) is determined according to the
relationship:
Q = C L H3�z where
Q is discharge in cfs
C is coefficient of discharge of 3.0, for a broad -crested weir
Lis opening- width of :the spillway of 9.6 feet
H is depth of the lake above crest level; in feet
Attachment 5 also gives the combined spillway discharge capacity, and . embankment .
overtopping discharge for lake levels up to 40 inches above the spillway crest level. This
equates to 6 inches of overtopping over the -embankment near the right abutment and 24
inches near the- left abutment, -The maximum combined discharge is 785 cfs.
Even though. Mr. Bender reported that the embankment section has been slightly
overtopped several times (the depth of overtopping is unknown), it is. not prudent to rely -
upon the continued overtopping of unprotected embankment sections for additional
discharge .capacity. Continued overtopping of the right embankment section will erode.
or fail the embankment section. Continued overtopping of -the left abutment will.add to
the severe erosion already occurring immediately downstream of the spillway. Therefore,
for future analytical purposes, the discharge capacity of the lake should be taken as the
discharge capacity of the spillway at only 18 inches of lake level above the spillway crest,.
unless_ the embankment sections are raised to prevent overtopping -or they are overlain
with an erosion -resistant -material such as concrete.. .
11B-13
Mr. Robert R. Whitehead
August' 15, 1995
Page 5
CONCLUSIONS AND RECOMMENDATIONS
The embankment portion of the clam in Continental Park Estates appears to be in good
condition overall. However, the dam's spillway is in need of repair and has very little
capacity to pass flood flows without overtopping the embankment section. A summary of
our conclusions and recommendations are listed below:
(1) No seepage through the downstream toe or downstream slope of the dam
was noted during our inspection. The toe and downstream slope of the
dam should be observed periodically for indications of seepage and
movement of embankment soils (piping). Mowing the grass on the
embankment should help facilitate these observations. Seepage at -the dam
should not be affected by changes in the upstream watershed unless normal
base inflows into the lake are increased and the normal pool level is raised.
This would raise the phreatic surface through. the embankment which. may
result in seepage exiting the embankment at the downstream toe. .
(2) It is not recommended to have trees -growing through dam embankments
because the roots -become a potential seepage path for water from the
reservoir. The hole. caused by an uprooted tree during a wind storm could
breach- the crest of ,the dam. The roots -of a dead:. tree could decompose,
also -leaving behind potential seepage paths.- The trees growing inthe- dam
are already large and probably have well established root systems.
Removing these: trees would cause more damage than good . -to . the.
embankment. For these reasons, it is. not recommended to -remove the --
existing trees. However, no new trees. should. be allowed to grow 'on the
embankment. The dam will experience continued. deterioration from the
tree root systems and the risks of seepage will continue to increase:
Potential problems caused by the trees should not be affected by changes
in the upstream watershed.
(3) Beaver dens are also a threat to the stability of the dam because -of the
creation of possible seepage paths from the reservoir to the downstream -
toe. It is recommended that the dam be monitored for. beavers and if any.
are located, they should be removed and beaver dens properly backfilled.
The continued presence:of beaver densmill increase the -risk of seepage`and
erosion of the crest during overtopping:: Potential"problems caused
beaver dams could be increased if changes in the upstream watershed cause
the frequency or depth of overtopping of the embankment to increase.
i1B-14
Mr. Robert R. Whitehead
August 15, 1995
Page 6
(4) Discharge capacity of the spillway and storage capacity of the reservoir are
the factors which determine if a dam will be overtopped during flood
events. We did not perform any studies to determine the storage capacity
of the reservoir in Continental Park Estates. However, the spillway has very
little discharge capacity. This fact combined with the small elevation
difference between the spillway crest and the dam crest is an indication that
overtopping of the embankment already has a high probability of
occurrence. According to Mr. Bender, the dam has been slightly
overtopped a couple of times in the last few years. Overtopping of earth
embankment dams is not desirable because the erosive flows could cause
a dam failure. The safety of the dam could be enhanced by: (1) increasing
the discharge capacity -of the dam by widening the spillway and (2) raising
the crest of the dam. The frequency of overtopping and the risk of failing
the dam could increase if changes in the upstream watershed increase flood
inflow rates into the lake and/or if the duration of flood inflow -is increased.
(5) The current eroded condition of the concrete spillway is a threat to the
stability of the. dam. Flood flows through the, spillway in 'its current
condition could cause additional erosion .-under the toe of the spillway,
resulting in failure .of the spillway and subsequent failure of the dam's earth
embankment. The`spillway should be repaired. The rate of damage to the
spillway could increase if changes in. the upstream watershed increase.
normal base inflows, increase peak flood inflows or increase the duration of
flood inflows.
The erosion downstream of the spillway is being caused by water. velocities
in excess of 15 feet per second. The erosion at the spillway: could be.
deterred somewhat by regrading the area and plating with 24-inch diameter
or larger grouted riprap. However, this would not totally. eliminate the
problem, and erosion at the spillway would .probably continue to some
extent. A more effective option, but much more expensive, would be to
construct a concrete stilling basin with a drop inlet at the toe of the existing
structure.
(6) Erosion along the creek channel, immediately downstream of the spillway,
can be mitigated by lining the creek channel with rock riprap, by
straightening the discharge channel, or by discharging flows through a
concrete drainage pipe.
11B-15
IV
A
Mr. Robert R. Whitehead
August 15, 1995
Page 7
The safety, stability, and maintenance of any dam is the responsibility of the dam owner.
All of the items listed above are current problems we have identified and are the
responsibility of the dam owner. However, an increase in inflows could increase the
seepage and reduce the stability of the dam by saturating more of the foundation along
the downstream toe. Increased inflows will increase the occurrence of embankment
overtopping flows unless the discharge capacity of the spillway is increased and the top
of the dam raised. As mentioned previously, overtopping flows will eventually cause a•
failure of the dam. Also, the erosion downstream .of the spillway will increase more
rapidly due to the higher velocities through the spillway at the higher flows.
We appreciate the opportunity to be of assistance with this project and look forward to
working with the City again in the future. If we can be.of further assistance or if you have
any questions or comments, please do not hesitate to call.
.4,
Attachments
Yours very truly,
FREESE AND NICHOLS, INC.
Brian C. Coltharp, E.I.T.
Project Manager
'Ile
J hn R. King, P.E.
Principal, Manager
Water Resources -Design Department
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11B-18
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11B-21
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ATTACHMENT 6
PHOTOGRAPHS
I IB-22
L
VIEW OF RESERVOIR, STANDING ON CONCRETE SPILLWAY LOOKING
UPSTREAM.
VIEW OF AREA DOWNSTREAM OF THE D.
ST=,r-1DINu ()N THE DAM
E= CREST N,R THE RIGHT ABUTMENT.
PHOTOQRAPHS
11 B-23
PLATE 1
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DIP IN THE SLOPE_
CLOSE-UP VIEW OF DIP IN- DOWNSTREAM SLOPE NOTED IN
ABOVE PHOTO.
PtlgT$.%RAPH8
PLATE 3
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UPSTREAM FACE OF CONCRETE SPILLWAY AND LEFT ABUTMENT.
UPSTREAM FACE OF EMBANKMENT AS VIEWED FROM THE CONCRETE
SPILLWAY. NOTE TREES AND VERTICAL EROSION FACE AT THE WATER LINE.
P%TAaRAPH8
PLATE 7
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CRACKING ON THE CONCRETE SPILLWAY, AT THE RIGHT
TRAINING WALL.
CRACKING ON CONCRETE SPILLWAY.
PHOTOGRAPHS
PLATE O
11B-31
�_ .mom _ �t •�r� ��t,`: .1l,� ^�
%- �� ��!:nv:,r••i^ ram,
City of Southlake, Texas
MEMORANDUM
November 1, 1996
rTO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Receive and Discuss the Results of Trial Grouting at Utility Trenches Report Prepared
by Wiss, Janney, Elstner Associates, Inc.
BACKGROUND
City of Southlake has incurred several concrete street pavement failures. These failures occur in various
residential additions usually over deep sanitary sewers and two or three years after construction. With
the assistance of Timarron and Wright Construction, the City of Southlake entered into a contract with
Wiss, Janney, Elstner Associates Inc. (WJE) to investigate the distressed and failed pavement in
Timarron, Phase I. By understanding the reasons for the problem in Timarron, we would be able to
understand the problem in other areas of the City.
The consultant (WJE) presented their investigation report in May 1996. Please see the following
regarding the attached information:
As authorized by City Council, a "field testing" study was conducted of the recommendation in the
nvestigation of Pavement Distress, May 10, 1996 prepared by Wiss, Janney, Elstner Associates, Inc.
The test of injecting a slurry grout into the gravel sanitary sewer pipe bedding was conducted from July
15, 1996 to September 5, 1996. The attached report is on the results of the trial grouting.
In summary, the results "indicate that slurry grouting can be used as an effective means for filling the
voids in the bedding material...". The report recommends that the following actions be taken "in
preparation for the implementation of a full scale slurry grouting program.
1. update the assessment of street conditions
2. development of plans and refinement of the specifications as presented in the report. (Appendix,
Section 10.0)
3. solicitation of bids.
Upon City Council review, discussion and action on the results of the Trial Grouting Report, Staff will
be prepared to work with the engineering consultants to prepare bid specification and program the
necessary repairs.
DISCUSSION
Staff is seeking Councils direction with the intent to bring back a proposal that would recommend that
City Council authorize the City Manager to enter -into an agreement with Wiss, Janney, Elstner Associates
to provide the City:
1. an updated assessment of street conditions
2. develop plans and refine the specifications
11C-1
... . _._._... �. �...................................,.>...a.ru.:..�v�717riNriNNIh
MEMORANDUM
CURTIS E. HAWK
RESULTS OF TRIAL GROUTING
NOVEMBER 1, 1996 `
'AGE 2
3. solicitation of bids for the Utility Trenches Report as recommended in the October 11, 1996
Results of Trial Grouting.
Staff will be able to provide to City Council a proposal for costs associated with the above at the Council
meeting.
Please place the results of Trial Grouting at Utility Trenches Report prepared by Wiss, Janney, Elstner
Associates, Inc. on the Regular City Council Agenda for November 5, 1996 for City Council discussion.
BW/Is
C:I W P W IN60X W PDOCS�STREM%DISTRESSXPA V-DIS.4M E
A
11 C-2
City of Southlake, Texas
MEMORANDUM
November 1, 1996
�WTO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Receive and Discuss the Results of Trial Grouting at Utility Trenches Report Prepared
by Wiss, Janney, Elstner Associates, Inc.
BACKGROUND
City of Southlake has incurred several concrete street pavement failures. These failures occur in various
residential additions usually over deep sanitary sewers and two or three years after construction. With
the assistance of Timarron and Wright Construction, the City of Southlake entered into a contract with
Wiss, Janney, Elstner Associates Inc. (WJE) to investigate the distressed and failed pavement in
Timarron, Phase I. By understanding the reasons for the problem in Timarron, we would be able to
understand the problem in other areas of the City.
The consultant (WJE) presented their investigation report in May 1996. Please see the following
regarding the attached information:
As authorized by City Council, a "field testing" study was conducted of the recommendation in the
"nvestigation of Pavement Distress, May 10, 1996 prepared by Wiss, Janney, Elstner Associates, Inc.
►fhe test of injecting a slurry grout into the gravel sanitary sewer pipe bedding was conducted from July
15, 1996 to September 5, 1996. The attached report is on the results of the trial grouting.
In summary, the results "indicate that slurry grouting can be used as an effective means for filling the
voids in the bedding material...". The report recommends that the following actions be taken "in
preparation for the implementation of a full scale slurry grouting program.
1. update the assessment of street conditions
2. development of plans and refinement of the specifications as presented in the report. (Appendix,
Section 10.0)
3. solicitation of bids.
Upon City Council review, discussion and action on the results of the Trial Grouting Report, Staff will
be prepared to work with the engineering consultants to prepare bid specification and program the
necessary repairs.
DISCUSSION
Staff is seeking Councils direction with the intent to bring back a proposal that would recommend that
City Council authorize the City Manager to enter into an agreement with Wiss, Janney, Elstner Associates
to provide the City:
1. an updated assessment of street conditions
2. develop plans and refine the specifications
11C-1
.............
MEMORANDUM
CURTIS E. HAWK
RESULTS OF TRIAL GROUTING
NOVEMBER 1, 1996
(4� 'AGE 2
3. solicitation of bids for the Utility Trenches Report as recommended in the October 11, 1996
Results of Trial Grouting.
Staff will be able to provide to City Council a proposal for costs associated with the above at the Council
meeting.
Please place the results of Trial Grouting at Utility Trenches Report prepared by Wiss, Janney, Elstner
Associates, Inc. on the Regular City Council Agenda for November 5, 1996 for City Council discussion.
BW/ls
C:\WPWIN60\WPDOCS\STREETS\DLSTRESS\PAV-DIS.4ME
1 IC-2
City of Southlake, Texas
MEMORANDUM
November 1, 1996
' WTO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorize City Engineer to Prepare Pavement Reconstruction Plans in Diamond
Circle Estates upon the Determination of the Type of Pavement
BACKGROUND
When the Neighborhood Sewer Program was established by City Council, Diamond Circle Estates was
to receive sanitary sewer in Year-2 of the program. Council budgeted funds in the FY96-97 to fund the
Year-2 Neighborhood Sewer Program. Cheatham and Associates has the sewer designed to be placed
behind the curb in the "parkway". Because of all of the landscaping in the parkway (i.e., the public
right-of-way behind the curb), the engineering design includes many "bores" under the landscaping and
trees. Boring is expensive compared to open cutting a sanitary sewer trench.
In conjunction with the Neighborhood Sewer Program, residents of Diamond Circle Estates have appeared
before City Council requesting that the existing concrete streets be reconstructed.
On October 16, 1996, Mayor Stacy and I met with the homeowners of approximately seventeen properties
,cated in Diamond Circle Estates. After a brief slide presentation which showed some of the current
weeet problems and similar subdivisions with asphalt streets, four options for improving the streets were
discussed. The four options with cost estimates are attached.
Option 1: Reconstruct with new reinforced concrete pavement - saw cut around existing driveways and
leave them in place.
Option 2: Mill edges and install 2" HMAC overlay leaving existing curbs.
Option 3: Saw cut 2' from back of curb, remove 27' of existing pavement and replace with 6" HMAC
pavement.
Option 4: Saw cut 2' from back of curb, remove 27' of existing pavement and replace with 5"
reinforced concrete pavement.
It should be noted that Option 2 was not acceptable to the neighborhood as it would replace only the bad
sections of pavement (40 % of total).
After much discussion, the majority of people present agreed to Option 3. However, they left the meeting
with the information as presented to "poll" the other residents of Diamond Circle Estates as to their
recommendations between Options 3 and 4. The Mayor made it perfectly clear that the City Council
,,-nuld make the final decision and it may not coincide with the outcome of the neighborhood poll. The
;hborhood representative is to return the poll results into Staff prior to October 30, 1996 in order to
ce this item on the Regular City Council Agenda for November 5, 1996.
11D-1
r
OUM
R' , CiJR . 'RIM
DIAMOND CIRCLE ESTATES
PAVEMENT RECONSTRUCTION
...JQ)9-WFR` 1; _1996
(46�
the writingof this
memorandum, Staff has not received results of the neighborhood poll on the type
of street construction. We will try to have this information by the upcoming City Council Meeting.
Staff would suggest that City Council consider the sewer project and street reconstruction to be
constructed concurrently as this will provide a cost savings in the total project. The savings will be
accomplished by moving the sanitary sewer line from behind the curb to under the street which will
dramatically decrease the cost of boring the landscape. Staff realizes this is contrary to our present policy
on location of sanitary sewer lines; however, because of the established trees and landscaping, the
improved specifications based upon the Distressed Pavement SMdv and using an asphalt street, Staff feels
that if Council approves reconstructing the street in Diamond Circle that the sanitary sewer should be
located under the street.
FISCAL IMPACT
The City of Southlake Capital Projects Budget for FY96-97 includes funding for both the sewer and street
projects as follows:
Fund 755 Sewer Assessment Fund .................. $486,000.00
Fund 502 1997 Infrastructure Reserve Fund ............ $800,000.00
RECOMMENDATION
Public Works Staff would recommend that City Council consider Option 3 for the street reconstruction
moving the sanitary sewer location to under the pavement. This recommendation is based upon the
Aber 16, 1996 public meeting, the savings in construction costs and the cost of future street
IffffiteHance. The estimated costs of construction with the recommendation would be:
Option 3 Street Reconstruction .................... $568,575.00
Sanitary Sewer (*) ..................... $376,250.00
Current Engineer Estimate: Total Project ...... $ 44.825.00
behind the curb ....................... $465,250.00
under the pavement ..................... $376,250.00
Total Savings ...... $89,000.00
Please place to authorize the City Engineer to prepare pavement reconstruction plans in Diamond Circle
Estates upon the determination of the .type of pavement on the Regular City Council Agenda for
November 5, 1996 for City Council consideration.
q, 111
BW/ls k'
attachment: Opinion of Probable Cost for Diamond Circle Estates
Street Reconstruction Report
UBDMDCQCiLti4T.ItECON.,Y1E
11 D-2
Opinion "of`Trobable- Cost for e
Diamond Circle Street
Reconstruction Job No. 001-227
... _ •v"frWinw�ypy�..AiMM\.Atw. �
Option 1 - Reconstruct with new reinforced concrete pavement - saw cut around existing
driveways and leave them in place.
7625 x 31 / 9 = 26,264 S.Y.
26,264 S.Y. 5" Reinforced Concrete Pavement
26,264 S.Y. Remove Existing Concrete
$18.00 =
$ 224
27,960 S.Y. Stabilized Subgrade
$ .00 =
3
2
210,112
3,8 0
SUBTOTAL
10% CONTINGENCIES
$ 714,216
10% ENGINEERING & SURVEYING
71,422
71.422
TOTAL
$ 857,060
Option 2 - Mill edges and install 2" HMAC overlay leaving existing curbs
7625 x 27 / 9 = 22,875 S.Y.
Mill Edges
22,875 S.Y. Petromat Fabric
L.S. —
$ 15,000
22,875 S.Y. 2" Fff Overlay
9,150 S.Y. Spot Repair Failed Subgrade
$ 2.00 =
$ 4.00
45,750
91,500
$24.00 _
2 00
SUBTOTAL
10% CONTINGENCIES
$ 371,850
ENGINEERING
37,185
15.094
TOTAL
$ 424 035
Option 3 - Saw MAC Pav me dank of curb, remove 27' of existing pavement and replace with 6"
22,875 S.Y. Remove Existing Conc. Pert. $ 8.00
22,875 S.Y. Stabilize Subgrade $ 3.00 _ $ 183,000
22,875 S.Y. 6" HMAC Pavement $11.00 = 68,625
2 1 2
TOTAL CONSTRUCTION COST $ 503,250
10% CONTINGENCIES 50,325
ENGINEERING 15.00Q
TOTAL $ 568,575
11 D-3
Option 4- Saw cut 2' from back of curb, remove 27' of existing pavement and replace with 5°
reinforced concrete pavement.
22,875 S.Y. Remove Existing Conc. Pvt. @ $ 8.00 = $183,000
22,875 S.Y. Stabilized Subgrade @ $ 3.00 $16.00 —
22,875 S.Y. Install 5" Reinforced Conc. — 68,625
= 36G.0�
TOTAL CONSTRUCTION COST $ 617,625
10% CONTINGENCIES 61,763
ENGINEERING 15A00
TOTAL $ 694,388
F:\WORD\SOLTFHLAK\227\OPIMON.CST
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Option No. 1 This option would be a complete reconstruction project. Parkway
landscaping, shrubs'and mailboxes would be disturbed with this"
construction. This estimate does not include re -sodding and replanting
shrubs. After the street has been excavated and soils'testing done, a
portion of the subgrade stabilization could be eliminated if the subgrade is
acceptable. A savings on the sewer system construction would be realized
if the lines were installed in the streets and pavement replacement
eliminated.
Option No. 2 This option would leave the existing pavement as base and spot repair in
areas of failure. The improved street section would be a HMAC surface
with concrete curb and gutter. No savings would be utilized by sewer
system construction within the street because pavement replacement
would still be needed.
(400.1 Option No. 3 This option would saw cut along each gutter line and replace the interior
2T with HMAC pavement. As in Option No. 1, a portion of the subgrade
stabilization could be eliminated if soils testing indicated an acceptable
subgrade. A savings on the sewer system construction could be realized if
the line were installed in the streets and pavement replacement eliminated.
Option No. 4 This option would be identical to Option No. 3, with the exception that the
new pavement would be replaced with 5" reinforced concrete pavement.
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FAW ON CST
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FIELDING, BARRETT & TAYLOR, L.L.P.
ATTORNEYS
3400 BANK ONE TOWER
500 THROCKMORTON STREET FUNOV
l7
FORT WORTH, TEXAS 76102.3821 TELEPHONE (817) 332-2580
(soo) 31s-3400- ► 1996 I
FAX (817) 332-4740
DEBRA A. DRAYOVTTCH
October 30, 1996
Curtis Hawk
City Manager
City of Southlake
1725 E. 1709
Southlake, Texas 76092
Re: Lone Star Gas Rate Increase Request
Dear Curtis:
In accordance with our discussion yesterday, I have researched the options available
to the City with respect to Lone Star's request
for an increase in the gate rate. As the
request is for a gate rate increase, not a retail gas rate increase, the Railroad Commission
has original jurisdiction and the City is not authorized to adopt a resolution suspending the
requested rate increase for a period of ninety days.
I am aware of three groups which have organized or are organizing to take action
with respect to this request for an increase. They are as follows:
1. A group of cities led by the City Attorney of Garland. Garland's former mayor,
Charles Matthews, is now a Railroad Commissioner. This group of cities has hired Lambeth
Townsend of the Austin law firm of Lloyd, Gosselink and the audit firm of Reed Stowe to
represent the cities. Charlie Hinton, the City Attorney, advised me that the City of Garland
is fronting the expenses for this group, and that the other cities will only have to contribute
funds if the Commission does not require Lone Star to bear these costs. If the other cities
are forced to contribute funds at the conclusion of the case, Mr. Hinton advises that the
amount should not exceed five cents per capita of each city's population.
2. The City of Fredricksburg has retained Austin attorney Jim Boyle and is filing an
intervention. I have not spoken with Mr. Boyle but understand that several cities have
joined Fredricksburg and that there is no charge to join this group.
N \\ V-: - \
Curtis Hawk
October 30, 1996
Page 2
3. Representatives of the Steering Committee of the group of cities that intervened
in the Texas Utilities rate increase request are meeting today to consider intervention in the
Lone Star case. Arlington City Attorney Jay Dogey is heading up this group and he will be
advising me of the Steering Committee's decision to intervene or join with another group
who has intervened. Curtis, Jay advises me that the City of Southlake is a member of the
TU group and as such, you should be notified of the Steering Committee's decision shortly.
If the City would like to join Garland or Fredricksburg, rather than Arlington, in
protesting Lone Star's request, you should call one of their representatives or, if you like,
we can call. Unless the City decides to intervene, no resolution of the City Council is
necessary. Should you have any questions in this regard, please do not hesitate to call.
Sincerely, /
u� n� 4L,
Lr
Debra A. Drayovitch
L
DAD/re
f.\files\slake\letters\hawLd 10
31
L
RICHARD B. WILLIAMS
Presid�t 6 COO
Dear Mayor Stacy:
Lone Star Gas Compa
301 S. Harwood Street • Dallas, Texas 75201
(2141 670.2162
Fax 12141 573.3660
October 25, 1996
r::
(� (� .5 ! S
28 N6
OFFICE OF CITY
Re: Lone Star Gas Company and Lone Star
Pipeline Company City Gate Filing
On this date, ENSERCH Corporation, through its utility divisions Lone Star Gas Company and Lone
Star Pipeline Company, filed with the Railroad Commission of Texas a Statement of Intent to change the City
Gate Rate. When approved, this new rate will permit recovery of the costs of purchasing, storing, and
transporting natural gas to your community for sales to residential and commercial customers. The new rate will
be applicable to all of the cities we serve, as at present. No action on the part of your city is required either before
or after a determination on this filing by the Railroad Commission of Texas.
The last time Lone Star requested a change in its gate rate was in 1982. Since that time over $420
million has been invested to ensune system reliability and flexibility through the addition ��f compressor stations,
eline upgrades and underground storage facilities that enable gas to be moved more efficiently to cities.
g expenses also have increased in line with the inflation of other goods and services during this 14-year
period, and intense mazketplace competition has fueled the need to restructure pipeline operations during this
period as well. The result has been the need for a revised gate rate that reflects the changing nature of the natural
gas industry.
The proposed new rate will be about a 3% increase in the average customer's bill, but as a result of
concurrently declining gas costs — that are automatically passed on to the customers -- the impact of the increase
on our customers should be minimized if not eliminated. This letter and the attached copy of the Statement of
Intent are for your information and are provided under the requirements of Article 1446e, Section 5.08,
Tex. Rev. C iv. S tat. Ann.
Lone Star Gas Company and Lone Star Pipeline Company are committed to providing safe, dependable
natural gas service at the lowest reasonable cost to its customers. This gate rate adjustment will help us meet this
objective, and will enable us to remain viable partners in economic development with the communities- we serve
and support. Please feel free to contact me or your local representative if you have any questions or need
additional information. We want you to be satisfied with the investment we are mak;.ng in the future of our
communities and in our State, and we pledge to continue to serve your city and citizens according to high quality
standards at the least cost consistent with such standards.
Sincerely,
RicharWilliams
Attachment
\\)F, -3
RAILROAD COMMISSION OF TEXAS
GAS SERVICES DIVISION
STATEMENT OF INTENT TO CHANGE. §
THE CITY GATE RATE OF LONE STAR §
GAS COMPANY ESTABLISHED IN §
GUD-3543 §
GAS UTILITIES DOCKET
NO.
TO THE HONORABLE RAILROAD COMMISSION OF TEXAS:
NOW COME Lone Star Gas Company and Lone Star Pipeline Company, Divisions of
ENSERCH Corporation, and ENSAT Pipeline Company (herein together called "Applicant"), each
a public utility pursuant to Article 6050, et. sect., Tex. Rev. Civ. Stat. Ann., and Article 1446e, Tex.
Rev. Civ. Stat. Ann., and file this Statement of Intent to change the city gate rate charge for gas
delivered for distribution to residential and commercial users, as well as for gas used by Lone Star
Gas Company and lost and unaccounted-for gas related to Lone Star Gas Company operations
(hereinafter called the "gate rate"), which was established by the November 22, 1982, Order of the
Railroad Commission of Texas in Gas Utilities Division Docket No. 3543 (hereinafter called "GUD-
3543"). This statement of intent to change rates is filed pursuant to Section 5.08 of Article 1446e,
Article 6050, et. ae , and the Rules of the Railroad Commission of Texas.
Applicant would respectfully show the Commission the following:
I.
Lone Star Gas Company, a Division of ENSERCH Corporation (LSG), is a gas utility that
distributes gas to residential and commercial end users in more than 440 incorporated cities, towns,
villages, and their environs across Texas. Lone Star Gas Company -Transmission (LSG-T)
purchases natural as from numerous supply sources throughout the State of Texas that is delivered
P g
tluough the facilities of Lone Star Pipeline Company, a Division of ENSERCH Corporation ("LSP"),
(awl and the pipeline facility of ENSAT Pipeline Company (hereinafter included in all references to LSP),
L
to the city gates of the cities in Texas served by Lone Star Gas Company -Distribution (LSG-D).
II.
Applicant's proposed changes in the rate established in GUD-3543 are reflected in detail in
the Monthly City Gate Rate Calculation (MCGRC) attached hereto and incorporated herein by
reference for all purposes, with the intent that the MCGRC will replace the rate approved in GUD-
3543. The MCGRC provides for the recovery of the LSP transportation costs through a base rate,
an excess rate, a usage rate and a fuel and lost and unaccounted-for tracker (FLAT). The LSP
storage rate will be a capacity charge with a deliverability charge. There is also a storage fuel tracker
component to the storage rate. The LSP transportation rate and storage rate for city gate deliveries
are attached hereto and incorporated herein by reference for all purposes.
III.
LSG-T's cost of service will include the gas supply procurement expenses of LSG-T, and
the property and income taxes, as well as the return on investment -related to the working gas in
storage, cash working capital, and negative deferred federal income taxes. These cost of service
elements, along with the cost of purchased gas, are included in the proposed MCGRC attached
hereto.
IV.
The MCGRC converts the various charges of LSP and LSG-T into a volumetric rate to be
charged to LSG-D. LSG-D will use the new gate rate as the base cost of gas in its distribution rates
Statement of Intent to Change the City Gate
Rate of Lone Star Gas Company - Page 2
1 \F--5
approved by the local regulatory authorities across its system, consistent with the current practice
under GUD-3543.
V.
The customers affected are the 1.3 million residential and commercial customers served
through the distribution systems of LSG-D in the State of Texas. _
VI.
The effective date of the proposed change is November 29, 1996.
VII.
The proposed change will result in a major change as that term is defined in Article 1446e,
Section 5.08(b). Annual revenues of Applicant will increase approximately 4.8 percent, or $24.2
million.
Applicant requests approval of a six-month surcharge to the final rates approved in order to
collect the rate case expense incurred by the Applicant in the course of prosecuting to conclusion
this request for a rate increase; and any rate case expense incurred by another party and assessed
to Applicant by the Railroad Commission. The surcharge should be approved for addition to the city
gate rate so that Applicant receives timely and accurate recovery of rate case expenses. The
surcharge should be calculated by dividing the total rate case expenses approved by the Commission
by one-half of the adjusted annual sales volume to residential and commercial customers served
under the city gate rate. Interest should be added each month on the uncollected expense balance
at the rate of six percent per atrium. Monthly status reports will be filed with the Commission until
the surcharge is concluded.
Statement of Intent to Change the City Gate
Rate of Lone Star Gas Company - Page 3
\ \ R:.7
NJ
1X.
Publication of the required notices concerning the information relative to this Statement of
Intent shall be made in accordance with applicable statutes and rules. Additionally, this notice will
be delivered by mail to the appropriate city official of each city affected by the proposed change.
Statement of Intent to Change the City Gate
Rate of Lone Star Gas Company - Page 4
Respectfully Submitted,
LONE STAR GAS COMPANY, and
LONE STAR PIPELINE COMPANY,
Divisions of ENSERCH Corporation, and
ENSAT PIPELINE COMPANY
By
Robe Buckner
State Bar No. 03710000
(214) 670-23 82
FAX No. 214-747-1187
Charles R. Yarbrough, II
State Bar No. 22130700
(214) 573-3217
FAX No. 214-747-1187
Joe N. McClendon
State Bar No. 13407000
(214) 670-2070
FAX No. 214447-1187
Attorneys for Lone Star Gas Company,
Lone Star Pipeline Company, and
ENSAT Pipeline Company
301 South Harwood
Dallas, Texas 75201
Fax: (214) 747-1187
N
MONTHLY CITY GATE RATE CALCULATION
Lone Star Gas Company - Transmission (LSG-T) shall charge Lone Star Gas Company -
Distribution (LSG-D) a rate equal to the rate determined pursuant to the Monthly City Gate Rate
(MCGR) for all volumes delivered by or on behalf of LSG-T to LSG-D for distribution to residential
and commercial customers and for LSG-D company used and LSG-D lost and unaccounted for gas.
LSG-T shall file on or prior to the 25th day of each month an original or accurate copy of the MCGR
Statement, reflecting the City Gate Rate to be effective with deliveries on and after the first day of
the following month, with the governing body of each city, town, and village whose gas distribution
system is served through the city gate. LSG-T shall file on or prior to the 25th day of each month
a certified original of the MCGR Statement, reflecting the City Gate Rate to be effective in billings
on and after the first day of the following month, with the Gas Services Division of the Railroad
Commission of Texas, including supporting detail showing debits, credits, return, and balances for
all accounts, in accordance with the following formulae:
A. Estimated Monthly City Gate Rate
LSG-T shall calculate the Estimated Monthly City Gate Rate for the following month
(EMCGR) according to the following formula:
Where:
EMCGR =
EMGPC +GAC +EPDC +SC +EWGSCC +CC
ECGD
EMGPC = Estimated monthly gas purchase cost for the following month based
on the factors in the definition of monthly gas purchase cost in
Paragraph B;
GAC = Gas acquisition costs for the following month determined by dividing
the test year costs allocated to city gate deliveries by 12.
EPDC = Estimated total pipeline delivery charges for the following month
from Lone Star Pipeline Company based on the methodology defined
in Paragraph G;
SC = Total storage charges for the following month from Lone Star
Pipeline Company based on the methodology defined in Paragraph I;
EWGSCC = Estimated change in working gas in storage carrying charges for the
following month based on the factors in the definition of working gas
in storage carrying costs in Paragraph K;
L
CC = Correction calculation adjustment for the following month as defined
in Paragraph 0; and,
ECGD = Estimated city gate deliveries for sale to residential and commercial
customers during the following month based upon prior year, same
month, city gate sales volumes adjusted for normal weather. -
(MCGR Statement of the monthly city gate rate filing)
B. Estimated Monthly Gas Purchase Cost
The Estimated Monthly Gas Purchase Cost (EMGPC) for any month shall be determined
according to the following formula:
EMGPC = ECGGP +(EACSW *ETGWS)-(EACSI *ETGIS) -EEF
Where:
ECGGP = EMAF * (ETGPA * the lesser of ETCOGN / ETGPN or
ETCOGA / ETGPA);
ETGPA = Estimated total volume of gas (Mcf) to be purchased for resale from
all sources, including affiliates, LSG- D company used, LSG-D lost
and unaccounted-for, and retention during such month;
ETCOGA = Estimated total cost of gas (Dollars) to be purchased for resale from
all sources, including affiliates, LSG-D company used, LSG-D lost.
and unaccounted-for, and retention during such month;
ETCOGN = Estimated total cost of gas (Dollars) to be purchased for resale from
all non-affiliated sources, LSG-D company used, LSG-D lost and
unaccounted-for, and retention during such month;
ETGPN = Estimated total volume of gas (Mco to be purchased for resale from
all non-affiliated sources, LSG-D company used, LSG-D lost and
unaccounted-for, and retention during such month;
EACSW = Estimated average cost of gas (Dollars) in storage as applied to gas to
be withdrawn from storage during the month;
2
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ETGWS = Estimated total gas to be withdrawn from storage (Mcf) during the
month;
EACSI = Estimated average cost of gas (Dollars) to be injected into storage
during the month;
ETGIS = Estimated total gas to be injected into storage (Mcf) during the
month; and,
EEF = Estimated equalization fee revenue allocated to city gate deliveries to
be received from industrial and other customers contracting for
transportation service.
NOTE: ETCOGA, ETCOGN, ETGPA, ETGPN shall be based on gas to be purchased per
books by LSG-T for resale, including all out -of -period adjustments, LSG-D company
used, LSG-D lost and unaccounted-for, and retention by LSP under the LSG/LSP
transportation arrangement less: 1) purchases for off -system sales (Dollars and Mcf)
and 2) purchases attributable to NGPA §311(b) sales (Dollars and Mcf). These
amounts shall also include costs attributable to the compression, gathering, treating,
or transportation of gas purchased for resale, LSG-D company use, LSG-D lost and
unaccounted-for, and retention by LSP under the LSG%LSP transportation
arrangement prior to the receipt of such gas on the facilities of LSP.
(Schedule A of monthly city gate rate filing)
C. Correction Calculation for Estimated iyfonthly Gas Purchase Cost
A correction calculation will be made in the second month following the billing month for
which EMGPC was included in the EMCGR. The same calculation described in Paragraph B, supra.,
will be made using actual per books data for the billing month related to an EMGPC to determine
the actual gas purchase cost for that billing month. The actual gas purchase cost for that billing
month will be subtracted from the achieved gas purchase cost recovered in the billing month to
determine the correction amount to include in the Correction Account. The achieved.gas purchase
cost recovery for the billing month will be determined by dividing the EMGPC by the ECGD for the
billing month to detenmine a per Mcf factor, with that per Mcf factor being multiplied by the actual
city gate deliveries for the billing month.
(Schedule G of monthly city gate rate filing)
D. Estimated and Actual Monthly Allocation Factors
LSG-T shall calculate the Estimated and Actual Monthly Allocation Factors (EMAF and
AMAF) according to the following formulae:
EMAF = EPCGD / EAV
Where:
NJ
AMAF = APCGD / AAV
EPCGD = Estimated volume of gas purchased to support city gate deliveries for
the billing month, defined as estimated city gate deliveries plus
estimated retention associated with city gate service less estimated
storage withdrawals plus estimated storage injections;
EAV = Estimated total gas purchase volume available for delivery to all
customers during the billing month, not including any volumes
excluded in the determination of total gas purchased as described in
the Note in Paragraph B, supra;
APCGD = Actual volume of gas purchased to support city gate deliveries for the
billing month, defined as city gate deliveries plus retention associated
with city gate service less storage withdrawals plus storage injections;
and,
AAV = Actual total gas purchase volume available for delivery to all
customers during the billing month, not including any volumes
excluded in the determination of total gas purchased as described in
the Note in Paragraph B, supra.
(Schedule H of the monthly city gate rate filing)
E. Gas Acquisition Costs
Gas Acquisition Costs (GAC) for any month shall be determined according to the following
formula:
GAC = AGAC / 12
LIR
4
31
Where:
AGAG = Test year gas acquisition costs, including the costs of Gas Supply
Services, the return on the test year value of working gas in storage
and associated deferred federal income taxes, the return on cash
working capital, and associated taxes, allocated to city gate deliveries.
(Schedule B, Line 1, of the monthly city gate rate filing)
F. Correction Calculation for Gas Acquisition Costs
A correction calculation will be made in the second month following the billing month for
which GAC was included in the EMCGR. GAC will be divided by ECGD for the billing month to
determine the per Mcf gas acquisition cost to have been recovered during the billing month. That
price per Mcf will then be multiplied by the actual city gate deliveries for the billing month to
determine the actual gas acquisition costs recovered during the billing month. The difference
between the amount of gas acquisition costs recovered during the billing month and the amount of
gas acquisition costs to have been recovered during the billing month will be included in the
Correction Account.
(Schedule B, Lines 2 - 9), of the monthly city gate rate filing)
G. Estimated Pipeline Delivery Charges
Estimated pipeline delivery charges for any month shall be determined according to the
following formula:
EPDC = EBC + EUC + EEC
Where:
EBC = Base monthly charge of $2,083,422 for up to an average daily
delivery of 135,000 MMBtu for city gate service during the month;
EUC = Usage charge of $0.0097 per MMBtu delivered for estimated city
gate service in a month; and,
EEC = Excess charge of $0.5074 per MMBtu for estimated city gate
deliveries in excess of an average daily delivery of 135,000 MMBtu
in a month.
5
\ e--\rL
(Schedule C, Lines 1 - 6, of the monthly city gate rate filing)
H. Correction Calculation for Estimated Pipeline Delivery Charges
A correction calculation shall be made in the second month following the billing month for
which EPDC was included in the EMCGR. Actual pipeline delivery charges for the billing month
will be determined based on the base monthly charge, usage charge, and excess charge applied to
the actual city gate deliveries during the billing month. The achieved level of pipeline delivery
charges during the billing month will be determined by dividing the estimated pipeline delivery
charges by the ECGD to determine the per Mcf pipeline delivery charges to have been recovered
during the billing month. The achieved level of pipeline delivery charges per Mcf will be multiplied
times the actual level of city gate deliveries in the billing month to determine the achieved level of
pipeline delivery charges in the billing month. The achieved level will be subtracted from the actual
charges for the billing month to determine the correction amount to include in the Correction
Account.
(Schedule C, Lines 7 - 13, of the monthly city gate rate filing)
I. Storage Charges
Storage Charges PSC will be a set amount per month according to the following formula:
g g( ) P g g
Where:
SC = SCC + SDC
SCC = Storage capacity charge of $680,532 per month each month of the
year and
SDC = Storage deliverability charge of $1,349,474 per month. for the months
of November through March.
(Schedule D, Lines 1 - 3, of the monthly city gate rate filing)
J. Correction Calculation for Storage Charges
A correction calculation will be made in the second month following the billing month in
which a SC was included in the EMCGR. The SC will be divided by ECGD to determine the per
Mcf pipeline storage charges to have been recovered during the billing month. That price per Mcf
will then be multiplied by the actual city gate deliveries in the billing month to determine the actual
pipeline storage charges recovered during the billing month. The achieved pipeline storage charges
6
E -\'S
recovered during the billing month will be subtracted from the actual pipeline storage charges for
the billing month to determine the correction amount to include in the Correction Account.
(Schedule D, Lines 4 - 9, of the monthly city gate rate filing.
K. Estimated Working Gas in Storage Carrying Cost Adjustment
The Estimated Change in Working Gas in Storage Carrying Costs (EWGSCC) for any month
shall be determined according to the following formula:
Where:
EWGSCC = (EVWGS - TYVWGS) * PRR
EVWGS = Estimated value of working gas in storage for the billing month
calculated by adding the impact of estimated injections and
withdrawals from storage for the present month and for the billing
month for which the EWGSCC is being calculated to the value of the
working gas in storage for the month prior to the present month;
TYVWGS = Test year value of working gas in storage; and,
PRR = Pre-tax rate of return (as adjusted for federal income taxes and the
state utility tax) divided by 12 to determine the monthly change in
carrying cost associated with the change in the value of the working
gas in storage.
(Schedule E, Lines 1 - 11)
L. Correction Calculation for Estimated Change in Working Gas in Storage Carrying Costs
A correction calculation shall be made in the second month following the billing month in
which an EWGSCC was included in the EMCGR. The EWGSCC will be divided by EQGD for the
billing month to determine the per Mcf working gas in storage carrying cost change to have been
recovered during the billing month. That price per Mcf will then be multiplied by the actual city gate
deliveries ih the billing month to determine the achieved level of recovery during the billing month.
The amount actually to have been recovered will be determined by subtracting the test year value
of working gas in storage from the actual value of working gas in storage at the end of the billing
month, and multiplying that amount by PRR. The amount actually recovered during the billing
month will be subtracted from the amount to have been recovered to determine the correction
amount to include in the Correction Account.
FA
\ \ �_-- \kk
A
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(Schedule E, Lines 12 - 22)
M. Correction Account
The Correction Calculation (CC) for any month shall be determined according to the
following formula:
Where:
CC = {{TCC + {TPC - [(TPC / ECGD) * ACGD]))) +
{ {TCC + {TPC - [(TPC / ECGD) * ACGD]} * PRR2) )
TCC = Total current corrections for prior EMGPC, GAC, EPDC, SC, and
EWGSCC;
TPC = Total correction dollars to have been recovered in the second prior
month;
ECGD = Estimated city gate deliveries for the second prior month;
ACGD = Actual city gate deliveries for the second prior month; and,
PRR2 = Pre-tax rate of return (as adjusted for federal income taxes and the
state utility tax) divided by 6.
(Schedule F, Lines 1 - 15, of the monthly city gate rate filing)
N. Other Provisions
Any incorporated city or town served by LSG may file a protest within ten days after the
filing of the MCGR Statement. Upon filing such protest, the Railroad Commission may set a hearing
to determine the propriety and accuracy of the MCGR Statement. LSG shall have the burden of
proving the propriety of any element of the MCGR Statement challenged by the municipal
protestants. If the Commission determines that the MCGR should be either higher or lower than
reflected on the certified MCGR Statement, then LSG shall make a corresponding adjustment in the
MCGR Statement for the month following the issuance of the Commission's Final Order. Balances
in the existing (Docket 3543) accounts will be added to the Correction Account for recovery over
a two -month period of time.
8
(W LONE STAR PIPELINE COMPANY
Lone Star Pipeline Company (LSP) shall charge Lone Star Gas Company - Transmission
(LSG-T) a rate equal to the sum of the following components for all gas transported by LSP and
delivered during a month to LSG-T for distribution to residential and commercial customers and for
Lone Star Gas Company - Distribution (LSG-D) company used gas and for LSG-D lost and
unaccounted for gas:
1. A Base charge equal to $2,083,422 per month.
The Base Charge shall include the transportation and delivery of up to 135,000
MMbtu of gas per day on average each month for distribution to residential and
commercial customers, for LSG-D company used gas, and for LSG-D lost and
unaccounted for gas.
2. An Excess Charge equal to $0.5074 per MMbtu.
The Excess Charge shall be applied to every MMbtu of gas transported and delivered
each month by LSP to LSG-T in excess of 135,000 MMbtu times the number of days
in such month for distribution to residential and commercial customers, for LSG-D
company used, and for LSG-D lost and unaccounted for gas.
3. A Usage Charge equal to $0.0097 per MMbtu.
The Usage Charge shall be applied to every MMbtu of gas transported and delivered
each month by LSP to LSG-T for distribution to residential and commercial
customers, for LSG-D company used gas, and for LSG-D lost and unaccounted for
gas.
* ' •
In addition to the rates set forth above, LSP shall be entitled to retain from the volumes of
gas tendered to LSP by LSG-T in any given month a volume of gas equal to the Fuel and Loss
Adjustment Tracker (FLAT) in effect for such month, subject to correction as set forth herein. The
FLAT shall be adjusted on November 1 and May 1 of each year and shall be effective for the
following six month period.
A. FUEL AND LOSS ADJUSTMENT TRACKER
The Fuel and Loss Adjustment Tracker (FLAT) for any six month period shall be calculated
as follows:
FLAT = AF+AL _AFLAC
ETR
Where:
AF = Actual fuel (excluding storage fuel) volume of LSP for the twelve
month period ending on the most recent of either June 30 or
December 31;
AL = Actual lost and unaccounted for volume of LSP for the twelve month
period ending on the most recent of either June 30 or December 31 as
determined in accordance with Paragraph B;
ETR = Estimated Total Receipts of gas delivered to LSP by all shippers
during the twelve month period ending on the most recent of either
June 30 or December 31 less total receipts of gas delivered to LSP for
intrahub transactions during the same time period; and,
AFLAC = Actual fuel (excluding storage fuel) and loss adjustment correction as
determined in accordance with Paragraph C.
B. ACTUAL LOST AND UNACCOUNTED FOR VOLUME
Actual lost and unaccounted for volume for any twelve month period ending on the most
recent of either June 30 or December 31 shall be determined as follows:
Where:
ALUV = TR - (TD + TSI + AF)
TR = Total receipts of gas delivered to LSP by all shippers during the twelve month
period less total receipts of gas delivered to LSP for intrahub transactions
during such period;
TD = Total deliveries by LSP to all customers during the twelve month period less
total deliveries of gas by LSP attributable to intrahub transactions during such
period; and,
TSI = Total storage injections by LSP for all customers during the twelve month
period.
C. ACTUAL FUEL AND LOSS ADJUSTMENT CORRECTION
The actual fuel (excluding storage fuel) and loss adjustment correction for any twelve month
period ending on the most recent of either June 30 or December 31 shall be determined as follows:
AFLAC = PA-PFLATR
A TR
Where:
A
PA = the actual fuel (excluding storage fuel) and lost and unaccounted for
volume for the twelve month period ending six months prior to the
most recent of either June 30 or December 31;
PFLATR = The fuel (excluding storage fuel) and loss adjustment volumes
recovered through billings during the twelve month period ending six
months prior to the most recent of either June 30 or December 31 as
calculated in accordance with paragraph D; and,
ATR = The actual total receipts by LSP from all shippers during the twelve
month period ending six months prior to the most recent of either June
30 or December 31 less total receipts of gas by LSP for intrahub
transactions during such twelve month period.
D. PRIOR PERIOD RECOVERY OF FUEL AND LOSS ADJUSTMENT VOLUMES
The volume of fuel (excluding storage fuel) and loss recovered through the operation of the
FLAT during the twelve month period ending six months prior to the most recent of either June 30
or December 31 (PFLATR) shall be equal to the sum of the monthly fuel (excluding storage fuel) and
loss volume recovery for each month during such prior period as calculated by the following formula
for each month:
Where:
X:�
M FLR = MA- ( MFLAT x MTR)
M[A = The actual fuel (excluding storage fuel) and lost and unaccounted for
volume for a month;
MFLAT = The fuel and loss adjustment factor used for such month; and,
MTR = The actual total receipts of gas by LSP from all shippers during such
month less total receipts of gas by LSP for intrahub transactions
during such month.
\\ e- vC6,
31
LSP shall charge LSG-T a rate equal to the sum of the following components for all gas injected and
withdrawn from storage during a month for LSG-T for residential and commercial customers and for
LSG-D company used gas, and for LSG-D lost and unaccounted for:
A Capacity Charge equal to $680,532 per month.
The Capacity Charge shall include the use of the working capacity of the existing LSP
storage reservoirs except for the 4.1 Bcf committed to third parties.
2. A Deliverability Charge equal to $1,349,474 per month.
The Deliverability Charge shall include the use of all of the withdrawal capacity of the
existing LSP storage reservoirs. This charge shall only be made during the months of
November through March.
In addition to the storage rate set forth above, LSP shall be entitled to retain from volumes
of gas tendered to LSP by LSG-T for storage in any given month a volume of gas equal to the
(we Storage Fuel Adjustment Tracker (SFAT) in effect for such month, subject to correction as set forth
herein. The SFAT shall be adjusted on November 1 and May 1 of each year and shall be effective for
the following six month period.
A. STORAGE FUEL ADJUSTMENT TRACKER
The Storage Fuel Adjustment Tracker (SFAT) for any six month period shall be calculated
as follows:
Where:
SFAT = AF -ASFAC
ESTR
AF = Actual storage fuel volume of LSP for the twelve month period ending
on the most recent of either June 30 or December 31;
ETSR = Estimated Total Storage Receipts of gas delivered to LSP at the
storage facilities by all shippers for storage during the twelve month
period ending on the most recent of either June 30 or December 31;
and,
\\,F--\ck
ASFAC = Actual storage fuel adjustment correction as determined in accordance
with Paragraph B.
B. ACTUAL STORAGE FUEL ADJUSTMENT CORRECTION
The actual storage fuel adjustment correction for any twelve month period ending on the most
recent of either June 30 or December 31 shall be determined as follows:
ASFAC = PAS-PSFATR
ATSR
Where:
PAS = the actual storage fuel volume for the twelve month period ending six
months prior to the most recent of either June 30 or December 31;
PSFATR = The storage fuel adjustment volumes recovered through billings
during the twelvemonth period ending six months prior to the most
recent of either June 30 or December 31 as calculated in accordance
with paragraph C; and,
ATSR = The actual total storage receipts by LSP at the storage facilities from
all shippers for storage during the twelve month period ending six
months prior to the most recent of either June 30 or December 31.
C. PRIOR PERIOD RECOVERY OF STORAGF�FUEL ADJUSTMENT VOLUMES
The volume of storage fuel recovered through the operation of the SFAT during the twelve
month period ending six months prior to the most recent of either June 30 or December 31
(PSFATR) shall be equal to the sum of the monthly storage fuel volume recovery for each month
during such prior period as calculated by the following formula for each month:
Where:
L
MSFR = MAS- (MSFATXMTSR)
MTSR
MAS = The actual storage fuel volume for a month;
MSFAT = The storage fuel adjustment factor used for such month; and,
MTSR = The actual total receipts of gas by LSP at the storage facilities from all
shippers for storage during such month.
v
TARRANT APPRAISAL DISTRICT �y1! �\
2315 Gravel Road • Fort Worth, Texas 76118-6982 • (817) 284-0024
►Appraiser
October 5, 1996
Mr. Curtis E. Hawk
City Manager
City of Southlake
667 N. Carroll Avenue
Southlake, Texas 76092
Dear Mr. Hawk:
The Board of Directors of the Appraisal District will be considering the appointment of
members to the Appraisal Review Board (ARB). The ARB is a group of citizens appointed to
hear and resolve disputes between taxpayers and the appraisal district. There will be fifteen (15)
positions to be filled before training begins in early 1997. Some of the 15 positions will be filled
by reappointment of existing members whose terms expire December 31, 1996.
If you would like to make any recommendation of candidates, please submit them to the
Qe Board of Directors by December 2, 1996, if at all possible.
Candidates should have expressed their willingness to serve and have the time to devote to
the job. This is an extremely important position that has a direct effect on how taxpayers feel
about the property tax system and their right to have a fair hearing. Enclosed is a copy of the
resolution adopted by the Board of Directors which outlines the guidelines for appointment to the
Tarrant Appraisal Review Board. Candidates should provide a brief biography reflecting their
background and qualifications. There will be an orientation session for all interested and
recommended members to discuss duties, time commitment, compensation, and other items of
interest.
Please do not hesitate to contact me if you have any questions.
JRM:mm
ON
Sincerely,
John R. Marshall
Executive Director
Chief Appraiser
(tow, RESOLUTION
As Amended December 15, 1995
WHEREAS, the Board of Directors ("Board") of Tarrant Appraisal
District ("TAD") by resolution of a majority of its members
may set the number of members of Tarrant Appraisal Review
Board ("TARE") at a number greater than three and no greater
than thirty as is necessary to accomplish TARB's duties in the
manner and within the time prescribed by law,
WHEREAS, the Board by resolution of a majority of its members
appoints members of TARB to hold office for terms of two years
beginning on January 1 and appoints members to fill vacancies
for unexpired portions of terms; and
WHEREAS, the Board by resolution of a majority of its members
may from time to time appoint as many as thirty auxiliary
members to serve on TARB in the capacity provided for in Texas
Tax Code Section 6.411; it is therefore
RESOLVED, that members and auxiliary members of TARB must meet
all requirements imposed by applicable laws, which laws now
require that each member--
1* reside within the boundaries of TAD at the
beginning of and at all times during his or her
term of office;
2. have resided within the boundaries of TAD for at
least two years prior to the beginning of his or
her term of office;
3. not be a member of the Board of TAD;
4. not be an officer or employee of TAD;
5. not be an officer or employee of the Comptroller
of Public Accounts of the State of Texas;
6. not be an officer or employee of any taxing unit
that participates in TAD;
7. not have served for all or part of three previous
terms on TARB;
8. not be related within the second degree of consan-
guinity or affinity to an individual who is engaged
in the business of appraising property for
compensation for use in proceedings under the Title
1 of the Texas Tax Code involving TAD or any taxing
unit that participates in TAD;
(f) be available during his or her term of office to
serve at the call of the chairman as may reasonably
be necessary (and, for regular members, in no case
less than 30% of the number of days on which the
Board schedules hearings for any given month) to
constitute a quorum to accomplish TARB's duties in
the manner and within the time prescribed by law;
and
(g) be able and willing to abide by the policies and to
follow the procedures adopted by TARE.
(h) Not have been an administrative or management
employee or elected official of the appraisal
district or any taxing entity of Tarrant County
for a period of two years prior to appointment.
(i) Not be related at the time of appointment within the
first degree of consanguinity or first degree of
affinity to an individual who is an administrative
or management employee or elected official of the
appraisal district, or any taxing entity of Tarrant
County, or State of Texas with statewide
jurisdiction.
RESOLVED FURTHER, that TARB serves a diverse population.
Accordingly, as nearly as is reasonably practicable, the
membership of TARB shall be fairly representative of all of
the several economic, religious, cultural, ethnic, racial, and
gender groups that comprise the population that TAD serves.
APPROVED THIS 15th DAY OF DECEMBER, 1995
