My WebLink
More
Help
About
Sign Out
No preview available
/
Fit window
Fit width
Fit height
400%
200%
100%
75%
50%
25%
View plain text
This document contains no pages.
The URL can be used to link to this page
Your browser does not support the video tag.
1996-11-05 CC Packet
City 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 m x z n n C 0 O 0 70 X � m O D Z Z z O 0 m m 0 D T1 D w CD 0 z D r D r IV m 0 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 GG/gg me=of .%W 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 NJ T T 3 7X V) 'r x / gppv000��e d� � o V al U s LL 1 I�u � � J Itz z s� -r ti V O a, Ef O pq O LL i q h N1 j V7 a 3 � 11 i C�7 7 N 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 C AWPWIN60\WPDOCS\WCPRKRD. WPD M O I N U 100 0 z > z ¢ Qa Z as p AMPA -N _ Grl U p T *'fo- uU v c �Q U o, M'..t� V•, co C.. OA c C O�NP `Ci N� Z z z fC O ccn +vrf M.C.-5 00 CD CD fS. Cl � oo`� N o Y J� �t ne L U a 0W-PI64-0 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 $4,090,080 96-90 Zoning/Concept Plan, Southlake Prof. Plaza #14 43 acres on West Bob Jones 1985 212 permits 29,770,324 96-110 Concept Plan, Church of 7:00 p.m. 4475 Homestead 1990 176 permits 31,374,042 Christ #16 Consider: Master Plans for: November 21, 1996 1996 534 permits 130,918,105 Bob Jones Park SPIN #9, #10, #14 Bicentennial Park Developer/Harvard Square FYI Note: Texas National Bank of Parks and Recreation Open Space 7:00 p.m. Johnson Auditorium Southlake has been named to The Business Press list of top 25 largest Tarrent County based banks, based total assets as of 12/31/95 Ilwill 11111fool C(III Dutha ` y n y G so 3a vr�,' Oa �F y Zl 10 3 �.�yw<^cl Co .3 cyT _ oAO u<d con Toy J. � v o ce c w 7 G Co v°Oi rJ O M �• 0 y h 00 M y. 0y f9 y H "+ o w w 3 p°o coo m c°. owcwi E y r. 0r. .. o•� ° °�,r ° v a �c w' _ �• 0. y00 O O'n w a?v5EL 0�,�•� O ctiw y �y 7 N r7• g R." 0 9 to o 7 f4 CiC:< O 7< O N' <! c- n O 5$ A ie F J $ �.�7.c.$ 3 °c c w mr y 9 p ?: o r.� O t�:oi Vl p1 'S GCD 7• D a co co 0 W No 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 Y E Y 3 V w ^ C s Q v 0 c? n R I f fl 3• n o 10 ate.e"E S w n r O n.� n n� —o 0 4 �� �La•< T" 4^ 3 n L e c ° g ^n UY -<.0 nE 3ss vx g CD •. C G n Y r �. S 3 n r� inn n•% r1 r SLY O w `< O 4Y'n C nw — O a.�3c rya S3 L CD 3n __ YR �Oos ��� n 3 s:'u" o Q5� a t o >n •�'O r-' c n Win— 3�g z Us n c m E Y n g o g w __ �. ^� c O 2.7 n 3 L,7 n *K a G� n' n3� Y n s o n =.o?v �" _ w°. ��. E o x L—;0 O f C O A M >• -+� � 3ui'o Env �s�•n Ynu 6w � •w � n n s, H NO —D V 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 0 C A r I d 1 J(Z) 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 W1 r b Z H r- 0 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 cb w g ° 81 a 9 E r 2, fi x IT 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) �tv� .. ti h .' �� ri � � t,. , t :}� � y2a�; } _ � � � � , �� l � ` � k' r -a f � '� . y �� }M1"'s • .� 't i'�C �- Tfa�; a y v± F. ��� {y.�.: s���} LF�� 1, �-� �� Lev 1' - 5.� �< Y • ` a �, �` 4 ���� Jt .K q� " � '�` .r� . 7N„x� �'' oa -" k �. Y'yy Yi h '� ..t ���� i �i g^ �� � :mil � �� P � tr � Y _4 �.."�'. �4�-.vim}', - f��h�eF��I ��ES ', �.� �"' f � r �a,: i.R r` y� �, ��� �� ��,�4. '� I i�t��. �r �- N i� � �� 'E � ,. "'1 . .. .. s ! h� �� ._.,1�•: J �� �� � � �. � ``-- �� }'i� 1 a r H," � a a rf s b �' � JJ { # st.7�d ,.., a4 � � �.� b��� s� i 7 ': r K �Fi F J W .'V' 1 ,i � t .:� �� a 3 ..'+(�,. - Y Q li 7+. I .,,i ;� ,�� 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. H �w�w�ocNnm.• R• ^ P' SS om SEA v��, L V A E � o _u? P b C IL noo m � a.�•o � �"zfE � o� aoP c M o coAwo Epp ����°•duo �8 �p6p oe0�oy O �. � N O ei ePiap — m o •o 'v gAg S b' c/� OJ C%� g°9Bd a �� ,� V� . A° «BBB „.. E `°wSa�,g�� 1g O O -O, I fq A a o w a- o.a S8{�8 �'wC Atn 5.a Or° o fD� G.p C 3.F pE1', o co e• N ? �• f9 w �•. S y G09. 7 CDA w fD y O p �� s O loft e� S ;• k A p .'7 GIN �'oV .j M 5- of a uv�°0Rv0-rBmw°;�aG]mE ° O O � vo � cs �Tz .+��p E�AcB SA Q m co 'OD 0,A S m a O o ooS ao ga o �•8 O ��; ��fAC w�'��S w E. C7 0 M. 8 x p Fi• ��IA �.8�mti�.7�f°°A8 �go •SL ow d� E cop � CA Oa Eol 0 Era AEl o �. w a '� c am; Acn °o m 20 55 � E: a�"a� m� aa• a E c °< wrym as per w EP Go p 'A ro ro w c El,4 A B< 5 y a p S 0 0" fD A .7. N W 00 f?: A fD 0 `ram ca.���.�wax °pA�,68= o o cg O ID Lm p "yS X am9AA a 84; ACn �cg � yooap,��• "�ppoe'�o�� C�! I y ril Lit 5 m Maro y ti f9 maw (Co.CD CD ID CD MM CD C4- Cow `C i+ gi ►+ p �. w nti A m CO�*�.p 2 0 c .d�5•A m CD aq w c g �, ct3•� � �'• Eta �] � w 'v y G 0 o IID �± ~ (D �* cD o y o C mm ID 0 pi "M (,D" Poo V, cD as w CD Q• b H cr C p fD a, CDHwy. r'7 �, p �• e•r a. wID c� ao a w y in- vwo�_+1CD '" O Ej A �. (D O fD Co . • fD O 0 M CA Oq a°a:aZ KM AaC�m-M,U°A� ►7 p 1. CD CD M a, yy w w M w w S ode spy ID OD A to Cjj A O (D ... O A cp CD ' 'rY 0 :Lb �'• (D 'rO CA O Cp e•r � .•y .d o tZ. ►� ..y�- � 'Cyj' Cl eCr 0�0 ewr yg � D '�� � ►wf W b G ID m 0 ID w' Zo � �o yq, mma`s � o w �� �► �� ._ SOW, A► �r �� Sri► � °n�pOo.7C o. C.3 $ Z� O O 00 F 3> C °� rn O .e • A� ^ CD '1 H � O y � (D QQ• CLCD.' Ea ^ a. O y�a� CD CD 0 a coCD x CO OQO m� '<.� C. (D 0Cc,= o y CD ? �r , O a<. Cl1 C H " (-D .= 0 ?r O_ J f1 OQ CD C. w O C CD pr O c. w b CD O'C y `< O X CD .�. '_] am O y O' O oho » O y 0� _; Itj c-� cn � Cgr �' va cD -+ O w I y m O O n Mir . aD� 7 ao a , ..3� O 3(DCL «1--et, w n v � ��� Fr CD CD 1., L-i .- n a y x101 3 coo o< J w• O t 3 "s Cif _ O OQ p e0 A (D �e o ° L n y n r G << ^+ -+ O v O x 7 'C7 O CD c o 9 v� = CD O Z o ^' CD y`sa bba 3 Fao cD°CD sr 0 3 oo� < ° o y ?o �zs� < <G r^ O CJ C.C^D�+ A O O O° dyy^ �s C7 C G O• coO 0 ^ G G 7 7 ZJ p 7 QCD � n `t7 cD ToVo n= ooQC��$ O �' A� A `� O O C? 0 7 G G O O «Oi p (�D Cl)ai S l? O G ^+ WG C) g y .- -V 0 C• � d y A; a t OZ S� t: p O -no O O< n .., a, 7 170 CD d OQ O F+ . r O O fop fn CD Pi O Si oo OD G ip G CD QQ n o s G O a lD `< U CL n O CD p y N ° m c a °�°9 H O a o`9 n C cD CD - a' `< 1 72 46 H 0 C A I 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- I%SN+ T u ISO N 9 cr m9840frg;" n 8 y �� p p,ya� am o oCA °�°ca O�]Cm9cmip1-moms+ y y F " CA y per- przpapa� p G. p eyo w p m g a y p fD Ul m O y �+ � y �'C7 am O 9.a:9 10 rr GAO m m p.m p p 0 O, .. COD � ►OpfMo. IAi� A ;$ ►9 log p. p 9 — tp�pp �p p4 p G n aaG CQQ 9m� �p~pm��� 1� �.m.'. cyC .► :m p q r'yr.0 0 1�'3�• r a`�ac��bpm�g� r'P O p 'tJ eo eo .D. p w p F'n Opo prr a C m �. " O p 0 00 r� CA Ul ii m .y crow 9 d Q0 F 0 r. QOQQ mEs7nn 0OQ Mj a••,c =nW 0- »�p.. 0 m 92 9m � W0 a ap p rr• bc,�yA pad t:r -I t y 0 b r• m 9 �m g a b CD p " mi P 0 rA CD :y f�A OWQ < p ,-. z trx(D O 0 y� `C V] . A A o A C �y Ap p �� �* xp.0aa c o Cr 00 A mID (\V " oA o10 :4 — 00 � ff �i p' `4 o(D p eC p. 0, ,. r m & g G 0Co CD 0 c 0 F 0 O C A A d A 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) fiver ? S 0 ^ ; 3 2. c S pr an B n Gai O. rt ry qQ n rr (It ?^ m _ 5 v c rt Er s o o ro 3 rt ooy rt a�'�° n �T d rt•< 3 T A rw O T io 0 3° o C m C rt c rt c, o o- E as n H'cSo F .. � �� y.T •I E` ma, S y y r f1 7 0 7 < is rt S m _ a N �L ; CD r-r CIQ n, O f, 5~ S C n s n Y O 3 a G10. � n m G A •e a fi � 7 m � r ��oa �� a_ k 0 N z �Ci '7C 0O �'Pnt C ^w eP C tir~ fD a C m°pm Eopop 84 0ae°�--�om»mo�� mto 8 �A oC aoti m, or90O a.. a c'' H� rr �R�. n �p m O CYE O. O �A» 4em� p b 6» m $ z 0 ^ C O N P 6P p° •°,j p J. r C R Ma O y p .m+ 00 w O p Ci °D n O r 0 A C m m p m 'O p p °i m m Pa 3 < y pO 0aq pS^@79 c.0'03. � �Oo �• � !g � i5 0 .".8FAryr. t8 m� 00s % - p p m m .�►N- m O - r.� M p 0� yy �. d a~^ O O db�6a-av„,0 o ag o'" �eE�popp cr�0 1 'd pryer spy p pmq� ppOp�f_ � �_ Ci M» m p OMOQ p0 oov m 4 0 ..p m m p CD pri Ear rr 00.0 .°jR P Or a O»C:,my3� p�.� �A �mdp0o m All wpm �Iw MAOQOc�p» tiR•A C n o A m 0�}00 1 1 $� eV,ygo�°Cti Gm..f mg OR K6 p afA o tOmF.N�Op 6fa i R °' m~ c OE C3 r- Mpp. 0= a ��z� ���tcmcpess �`'��TyP.., o.ma 9, opi pmIr � ts 004 Er E�'p �opo.°, ee�W mog f° �p 0, ��� a�»imp - HC. c ? o �emnoo�0 A� ��a��Q14 p ��o� ���� tz �� aes ypp P� my Pa �y C..rr rr Ro "'� !,p m��7b EriE'r^je�i Om °° O 9� o°3�c+p11°0, » mrrm 6�gm''o4� O� pmo.�� 8 go Xti0. Gm pro' O� p 0» p m �b s o m_oy�ayw �r -4 o v Q0'� l p�i0 p y Cb < �a �'r g. O O G a a 300 0 i CV co � '1 m 0 `4: O �►�►yy�.Ax"OH CA M ID ID m CAC c~D�� OA A fD f�D O°+i,� .Mir aq b w•a�.� ..•'�o� n 0 b � a� .7.e:3�*A.a.Mp.R.� A n (D .. A7 (D 00 m coo (A ►,! p yGMba�� ° a. co � ��� m� (� c .pp.��. tr' Fr c0+ F 0� M 4515 i1 • �• � a 8 000 �• � a+ cD Q' E. cD-4 I.+C L7 92. �.... 5 Pf (D CD M a (D M (D �a0�•e O (D. �.. oo C (D (D ► e 0 (D � • Ni A O � ° � P� C� QO (D ~ oq "' 0- Mg. am R-o O ovQ.�aa �v��Dp,o tn Cr, CD .� a. e+ �' 'b ►y �o . C+ - I I 9 d A C O C C 0 0 9 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. IL $kIFie &EEC; fA En±eg3-'R. F 2�fr`Ze r �.E�J(4 7ƒ CDA /•§� %\7 |<E\ 2222�2 ) !§�■/«g,�»%!*� } ' �R�-- �£°«,E%" �kf(kf7k CL � R � � � Z ti � q g � � � (1) 0 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. w CD ay o E c * y a.n�•°o rb o O y Q. y '! C P.. go:ao ti ° a o a Qao e ^'a ;tow CD Ham.=�- ^*n offas -Ili _q � 0 S" y �Q co 3 ao A ., 3 BCD O rA Z00CD tZ ~• w oNn co y � \ - CAD coC1. co p� O C O QQ a A� CO r �, -1co m C • f9 `� ^ ~ ~ • A� +� '.�7' r „ry3 N � Nt • CD ra CD CD a CD y .��.'�S� cp'i y y �p < sm co A O O O. O G. �"iCCD OO^ONti� \Y iv co CA,� A� O C N < O y N m � A ! r a ra --------------------- Val "w;�t .00. o � � O Q�Q y ' � � A A � - A y A b z �i O c A d A 0 0 0 0p 0 0 0 0 0 0 0 0 0 0 0p 0p 0p 0p 0p 0 0 0p 0 0 0 0 0 0 U yM 7 M h V1 rq �O •a .--� M V1 l� OO 00 O 00 C a N " O M O� pp 00 N O O+ M �O Epp Epp M 00 0 b E Q h M OD a 0% pp �o h tl- OO 00 �vNyJ oo aNjl M e} �erdjl °, ao epQ� v� �O oo OEM C N O N Of [� ccn °� en °� N a0 O N .fir 6v � � � N � � �rp- 00 tat M O C4 69 zi q � wl �p p p o t t7a ° O tMa1 V�1 ppM� <of �p�Opgjjj� 00 N O '� I 00 00M In �p�Gpyp9��� 100 �IVY�+y�yjj � S �O 00 M O of N �+ O� �--1 M M O N 00 COI � O MI V1 �O 00 O� M B t; M t. (e t� O� � V1 0o N 0 en p: V O� O O� 00 O O� Cl! OO N lO O� 't e} N h P O� lo: M M O� t� N O O\ C a a 4? l- O\ 00 �O 8 r- N M V1 v1 v �o �O N �O V O\ v N O� v �O O, � Q z O O, O� .-. O o OO N O o0 O OO T O� O� O, O\ OO O, O� ON OO O� f- 00 S r- O� g V 0p0 (py� N O� ��pp 01 N r- E a •j ,Mr N O� �O [� n 00 S VS O \O t� c°•1 N �G V1 N y N 0 aifO v 0O�- wtn h M N 0 M O 00 - VIP BOO SgO�O ooON t�1 O�-� Oq CYN oO r- N N 00 00 eq l� O M vi 01 I w o l- N � iO E S o v� 06 h a v c'i °+ cri 0o v to f>; ca V'f l- O �D N O� 00 M O o0 to M M o0 O� O o0 _ r O v1 �O M [� t�pvV%yy�jJj (��p�`yjjjj p �y MI � 'V1 !V .�+ ^' t. O� " V'1 N �O N v .--� M OO M M o0 �° fag V1 c.) \0 U y •��a' N N 00 W C•bhp ONOO64 OoO �On t-h...fff---•yyy��� �O t` O�C. �O� 001N Ll W,�V1 N t ' V1 00 M O\ V1 M rn y�•�j °`•], E O M .-r O\ v M .M-i M u ai w O MM onN N ooM mx y toM N 00 O0aoMMan � OO W m N .Mr N to elt V% N OOOgI ���WWiii M ffVV vv"11 OOVV ����"1111 ����yyl) ((yyVVyy yyJJ M fag M N fag O foq tot aOi E Cn� O f�ag N00 N �NO ~vo�1 00 O N }O 00VVwgg{yyI OpW��_J��tt ����pgayyy� pevt1 VOC1 O d tQUNnQ l00 te) 00ppN 00 0 [-Voo A� ••,��CN., O c7 ` n' O U .+ n c j 1' �z c :. H „ Ow 2 „ °w Eoq c .0 3> u K V u °n U° cc y u O z U a� ed ti z U. q F a67i � y ° E ° Z' �. � .� c '_ 00 H av .� W Q 'S "' O u u z 0°'oA v U e apY�poG�z K O ° ti u > `d c� C7 LT, w a O ? 'O ai >° ti, cn fn E. 0 o c •`-' o u .= o u o W y c uj e A Z QC41j.LLUUUwtn yw� �,r, 93. w)Mcna. yG.UFwa:O a.FFFwawcxw • v V LL 00 M N M r oo Tfn n 00O Oo r-00t-000C7, r-00 c N°° en W)wl rn` o M a N N en 40 [� [� N N M [l %,0000 oo N C.)C O �/1 �A M M r M en lc 00 M m CS U `NSarO0coo h V) O 1F A 0vn M lc V1 N 00 n en N �O � %n 6 00 C L Vy '7 7 ccn N ccn cs O N tn FW" � K ~ 6 69 z O 711 M 'r 7 � It 00 V1 [- M V1 �o C �. 41,11 ca, aOO���4g 00000rn GO g� ° r. cis 16 pQ�� O O p N N 8 0000 r- r O O O� p In O r O1 00 lD Q. (� .--� N 8 � v1 N r �n 10 r r M Cd 7 M \gip cn eO} U 69 5�A 0o M N r vt 000 00 o v n r y O N 700 �-+ O 00 00 d N r M r 00 Vy M N If; 00 00 O %O V1 M p r r- �o 00 G [r z U M h �o 't 7 r M v1 M 8 waA 1 ��~ �p �p (A A �STd a N C4 (N en Vi p C ^' �O N tN+1 M N 00 V1 .N-�r+ W w y b a0 v N M N o0 b M r h N M N ri ,!., m M N N N V4 60, W�� M [� O� W)icn CI 00 vri � '� F+ o c�1 [ ' . d oM G 3 U r° tnr-Mcn v°°i d; ovri� `o 0000 a 6 o a L C% y pTO OV1 cn N cn O O r r V1 a0 � O 0\ MOs C% V, �D O C O O��OOhen D\ Y1 �O en �O [� �O�ef Q N M �O O p fclwR 00 O O f�H4 6V4 V N N L W � y m y � •C b y � C y � O7Z i u. C Z w. O N 0 y b0 0 >T o a_yi v E y G C W 04 y Q O o 4 c y 0 7 y .?' y y U y O y U 'fl N 7 O ate+ Ij y H y C W a �a o ° Q aAi o K 0 F o x U> 33�(20)(5 3cnC4 HWx O F•F•F- Wx o cn U) N 0 N C r': O 0) (LO (LO N u) V OO OOO C u) OiM� u) 0) DO) ONOO Ln LO m N M c N) m O1 (O m O o Cl) (O (D O N U') LO C Cl) co to co Cl) O O M N -, N o n O O C U-) u) LO (q C C N N (DO (0000 O)(� u) u7 m N -7 M O m O C) U) O O N O V O O O N C O O cs _. v 0) V O co (O V co 0 L O O GO V CD u)N O COO Cl) M Cl) C nM u)M CO O a00 (O C (O (D d O n n N co N O O h N N O)O VN—cM0 Cl) n N O -;1!0)u)O(n000 ' 7 n n U CM N 1--7 c7 M U (IDC) N o� (� OA00))ir)M000 Ocg)oc0c0V(�io on(DnMn(Do �16 m o O rn O 0) C) O 0) 0) rn 0 co,) o 0)00(DCOCl) 0)0 (O O O C NN-NCltL 0NOOO m 0r-r-O0c0 V OO NOOMNN c00 O V V C N (MD 0) n (MO C) n 7 V O)(00)u)000 v O n n U cei cs 1- rz c+i co U N O N U) 00000O0MNO M N (07 M m a n (O (D V O O) q O act ul CD (O O O L NNO�ONOO 0 t' 0) Oni ~m � V_rnarn(n000 V_ Y rn co a M N ri IL m c G) �32o O M (D 00000000 o 0 0 0 0 0 0 0 0 o N 0 o 0 0 O= a, (a O O O O O O O O U) O O O O O$ U N000CCDDr-0OO(00 NCOnCDu7(DM(O O O cLj N N C U c d (ri Lei ui ui (ri Ui (ri ui Lei a. (ri ui — y O(D—owmoO y O O QQ�� O �NN(OO'OV O00 O (O V O N O N O (Aqq11�� COo (� C',t O ` OM O)OO V 0 `Wy O ornrnornrnrno aNO a rnrnrnrnrnrnrnrn rn CO (ANn�(O O O m 0 0 0 0 0 0 0 o V o N O O O O O O O N V 0 0 0 0 0 0 0 M(OnODnOnr- N n V C O M M r V ( V (O V (n � CC'i (O 0 (O (O 0) 0 0 0 0 0 0 0 O O O CO 0 0 0 0 0 0 0 co Cl) Cl) noo0oo0o n (D (D o 0 0 0 0 LO V 0 N O N N M N M O 0) V CD n of n V OCOO)(0000 V n n Ch cri o Z m Q m Q V .� m 0 i� x M���LLumz=zmU a) in 0) m LoL d 0r-L ,¢coca(On y y CL N a0 c0 C) V 0) CO L O. o Oc)in m co MN O 0 N_MchM --O O M M M CD CO CO (D CD (D (D 0) 0)0000)0)O co 0) r? MQ�zl:Q-QMM O)CM T f-(O;B V 8 N 0 M m C/).m F N T m O r N d N Y � � N L N 7 C U Cl L_ 0 .V U a N m OM CL 8 E m m • a CL t: E a a) N 9 L O. 0 o CLC 0) LL O M M CA E w O co C N O — N O N (gyp 7 a. CL tm Of rny% v T �QD LO rn N Cl OON (MD Y Cl) v S N (UO � 0 ((f n 0 (OM O O CO 0 O 0) m O r- N ( m c' o m m N T 'Oco O U CDCCOO V) M O 4 V (O CD 0 CO r- m CO M c0 M O n Cl) IT (O V (o LO a Y CC 0 0 0 O O $ioco v m (� 0) n Cl) ( d r, Z (D mZ m m 0000 �a OnN� M V N U) L O y Igx c0 O N (p CD y�"> m N U) N C N U) O N m O_ U) C N C a C C rn b d axi >LcHQU m H EU w 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. L:\WP-FILES\MEMO\96CASES\96-129PV.WPD 5A I -1 UN a it ' ntl R • 1 1 1 1 I 1 1 1 1 rD�T55 N _ + - ` l •1• , 1 4 . s qv , 11 IA I 18 F 1/�, r PDIIf Ll ! . i o :5 WOOD y SA i i i 1 I i i i i % - 1 1 r•�---�•••��• ! — 25 Ac twY ! i i •-•- 22 Ac _ s J011 3)3 SC 3 _ r 7.665k 14 A, 3k ._. 1 382 301 3 Ac'i--�— 5F 5E 50 50 582 — 5c 3A 3A1 3c $ 11 Li A< 3M 10k 6Ac �� 3k .57Ac v, G M3k tyk IN A' P 15 Argil So 302 22 2A2 2A5 2A3 2 181 A 28 ,..p 21 Ac'-..` 28 MEMO W 1 SUP1E'Y : 20 Ac•, 20 ..� 50.71 Ac I.KV.-r 'Al 20 � r ; i v 23.3 k 32M Ac TRACT MAP HULL!N:JS�UO,hTr± Bla: ETT S > CA S ACR 2 fb TR SH - 59 O :a va .ro(411W: it __.. IN bo .a TR 1.19 TRi 2�, F TR 2A 1 C 2A2 0 1.0 AC TR 2A1 TR 2A1D 1.93 AC .84 AC �. T�~ TR 2A1B STR 2A1A 97TR 2A1B >: � ow 3 AC .97 AC TR 3F 4.23 AC (3.23 AC) (1.00 AC) A 1R R1 \ F2 — sr. 2A S R V 6ii5 �C W aof VTR z ---- _\.` ----- : 6.03 J a G A "S F-1 A" " E s S F 1 A) 2R P. Goetz Timarron Land Corp. PINS � AAr5 H. Kovarnik dw PINE CT E 1e ,. r T�rl>PINE ACRES wl I. SF20—B "AG" r rc -LA P. West Q TR 381 3 ¢ Southlake s . c ' hmarron Land Corp Partnership . O NI�N SF1 A I AR �� �. TR 28 rrAG„ rrA rr A-$ U o� �2NAG„ � � 4.8415 Q 3 R. Heyne c a N a S. Talley E. Stevens a. a � 2R1 LILAC • ru 2.948 O 'iO w sa 1 s TR 2C3A 1 R 28 2 �a 1i 1 W .45 1 00 AC w27 R 26 2R3 ADJACENT OWNERS'°0°ANDZONINC�,� R 26 JACKSOI iYHITE C111 SPIN REPRESENTATIVE 910 A 2z AL MORIN R ? g E 5A 3 1VId IVNIJ SWN 13343 �NIMds JA 1ji-1.111 1; tS ; iEr !�� f xi• r +r ��;f rt 3s = it -_ aI ^-t a+ sen r aS is - r. �iE t E"zlJlfs i-a I1 , �. sIr-jill:Fr%h if-M i Bills` is SaF E ts i 1 'z "e.s I �'1 H iz i i1�t - i j r a�}7`� ai1 Ni Ts z jyal i r1al_t.Yr kif"= i kkjzlf sk:' +��3 i Zajr" Te_aar:Is'_1'alE.3E- sr i-: a. •?�ks_: k:eik�= :zkla � ae ria i.S..saI1I�araaaS.: d:l�z[si[i I11:IrY11jilh;i I Oil; s E t i Q4 • ` w I s} - 1 g yi[[tp 5,k _q fl;f x ,SQ i ire'.►I- + _ -„- !�-Fiis1 •E � � � 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 A A tj t M SM44 CIFEK ZKS -fl.s CITY OF SOUTHLAKE Exhibit 'A' < 6111 ri MAH v RD'! 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 511- l to i L I FROM MK W U.S. PAT. NO. 5,501,393 f- if ! f f Jr L.JJI WALZ CERTIFIED MAILER,r TO: CERTIFIED MAILERT'" Label #1 w SENDER: z: J REFERENCE: Z: z: o= : Label #2 J ¢ ? PS FORM 3800 SEPTEMBER 199 Postage H l Certified Fee RETURN Return Receipt Fee RECEIPT Stow to whore, date i SERVICE and address of delivery Restricted Delivery Total Postage and Fees US Postal Service Label M3 Receipt for Certified Mail No Insurance Coverage Provided FOLD AND TEAR THIS WAY -"� OPTIONAL ............................................ .................... ....... —......... ...,................................ Do not use for Intemational Mail ......... ...........................................:..........................:.............................. Label #4 Label #6 POSTMARK OR DATE CE.RT IV i` P 979 771 251 Ir d CHARGE AMOUNT. RETURN RECEIPT REQUESTED Label #6 ADDRESSEE'S ADDRESS CHARGE TO: Label #7 RESTRICTED DELIVERY FOLD AND TEAR THIS WAY — ..................... ............. .............................. _1.-......._..............................._........ ! RE: E SENDER: 1' I t l JX _r Z—= N I i i 3. Article Addressed to: OILL =fU ' I 4) E t W m� i Z �. E a 0 ° PLE B-4 PRE-PRINTED CER C0i c E � .1 V) c � W fA ; I, mD, co = CL ; l O H 0 1 E 5. Received By: (Print Name) N c0 i o # Q z t 6. Signature: (Addressee or Agent). i PS form 3811, September 1995 F 9,95 I also wish to receive the following service (for an extra fee): o 1a ADDRESSEE'S a RESTRICTED . ADDRESS �. DEWERY :U i> Consult postmaster for fee. : U 4a. Article Number .9- iv P 979 771 251 a� 'IF 6111111II���� 11111p�IIIIIlllllllllllol1QE MILER 4b. Service Type a CERTIFIED :c 7. Date of Delivery 8. Addressee's Address (Only if requested: O =3 and fee is paid) O :.Y :c co :.0 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 it 1' j, i5ff't ��lt �i,rfff 't 1 f�1 jT ��• �; {�� 61�� ,�lf iF a f. 1 � • s t � r• T f T Y rT t� 1T�f C' :'!} igf 1 •€. '>t t �+ Eit 'ail' TT1a ' jt�ifll 1'i T ,it h� ,it :t •it yi j� tsi ��� tif; i��i t1T ,!°i fa T • j T f T 11 ff fig • f •1 '=fJ Roi;tsy;�llA_ t j{ yTi 11 t� Y 41�11T tllljf; 1ST IT 9*Bf�flf1T a 6f;ll 'I fit ill gi 11h fit tff, fl 1.e1 fl1 fEa ♦i � ya y 1 1 !g m I hill � x ' �G§itg� t efWji k€ tp m a -----�___••••••••••••............wa.�a:+aarnoa�nracN�w7¢a.'NN1AiiYla:Sd}7731fT1lfQiY1!! 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 5J-1 u w ■ ■��j:aosag I �� . _ Q 1E+L`�-.i ,-tom �+ 1 t r �^• , `__ _ a _ =7 PL 1 1w L 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. L:\WP-FILES\MEMO\96CASES\96-096RS.WPD 7A-2 mi, J. %VJ�LKER SOMY A-1604 6AI 'A' 6612 68 8 11�- sw A;eF389 I'- ...... 3 y ...... T—' 6B1 A 661 7AIA 3A 686 _2 IAI 2B IAIATIAIAFAlp, 6A) 682 J6 - ------ 6B5 683 oo fd 6B4 6A 'l; LAfl T 3 51D 30 3A�3 3E 3E1a 3B 9 9 IA A fz 1-8 Y5 E—C �UH- 3FIB I 3D2A 3GI D 2 D 3 9 JAA 9 �L T, 7 Y4. m- — 1 ro�v 702 98 3FI XIK 3FI V2 3C1 981 Y- YI 3FI L 3JI 3G 3E1 IF6 YIA 9cl 2C Y y 2 10 '0 YIG NI --- ----- 3FIF 3KC F-1-1 11 —N 4A 4H 4GI 7c 7 7B 7A 6A 0 8A28NCR 8 7B 4AI T J(DHH J• FRE 13NO UR 29 7.8 k 22-9 A 4J fo SLOR Wy A-521 Ac Ac 2 19 Ac 3-3 Ac 6 k 9.5 Ac -IO U 8 4 4432 A 9 &4 AC All Rio 2 7AI F8T 88 I----J2WIZN ROAD B 2 is 182 0 Ic 0 1 11 2CI I 2 117 ICJ I 2CI E M 2C3 1( 2C3 2 ISIA 94 t I 1 FLORENCE c C 6 8 -- ---- 3 k EIDL 128 A, IG I818 ,B,BI SCHOOL E -T 2 IH 2D IBIA IB 2E IA 9.3 Ac 2F IK 20 Ac X14 2CI5 2F1 2DI 2F3 2AIA 2C26 IA C, 4A14 4A;I,4A; 4 4 SA 5A LE 5 6A &AI A A 'Zol M 4 1012 A-M "I 4H1 L 50 fz c 4A M Al 4Al2 5 Ac 6C2 4E 10 Ac — 4H 410 z V &4 A. 5AI 15.2 , I 5A2 58 4 �C45.4 k !Pig I 2A2 IAM "I 6B 6B2 —6E 016 6 Ac 2 Ac 5 Ac 7 A( 18 68 4A16 682 4AI8 9.85 Ac 7 Ac 6C4 ci '�Al 6BIB 4A 36.17 _e 4A19 7A-3 0 TRACT MAP ,-- 13 6E ADJACENT OWNERS AND ZONING SPIN REPRESENTATIVE #16 JOI-IN & LINDA WILDER 1 3 1 2 I raev IANF 4 I - J � C; ' i 2 � �na 3 4 �33A I 5 6 7 8 I JORDAN DR „C2,. City of Southlake a� 5 IZ Y 0 >` 6 U Z 0 a Iw n I State of Texas R 4A13A . 171 TR4A14A .165 0 4A17 T091A RC2n J Davis W Lee "U" 11 N 0 J J 3 W CC cc Q 4 State of Texas ` SOUTHLAKE BLVD TR 4A2A TR 4A3A TR 4A1A 4 AC TR 4A4A .06 AC TR I „AG„ ,.C2„' ; AG I d Southlake PSE I Ranch Land Leasing I \ 7A-4 I G Hill R Travis T Fleeger I H Conrac T n n A 1 n 1 -- 0 eg.�g:R i' P, ijfl fill Y ,pg Y� YtoD YB9��i�� LC. AVI bfG➢ )/YIL1 N01YBN4p '1vU ITllp rOlv9YLyp T7J T1,JSp'dt71r YI 'w s Nu.+n »cr 311V7U1n08 d0 d110 -' — - - }��7•Ia4! d� II l %9 Ia�w trc-�i ti.sTM = saoo.� o rJ�or t I; Co rn Cr) 0 0 � z o , a b BBB gi� • t � � m z a■ 3 g!S 9Y�-` sU i + �t j� is it E it t {[ till i ; + • + Fl f3� . �i� • � ��� ii I i.•j �_'� E . si I'tl�= i;2�Ra��ft � Cfl'���i��i� �i�l jlit 9h 3 x !�� I §�Y 4si�9 Jtil�i �ti7iii ;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 7A-8 co rn rn `sa r c �-- C) 0 o " _ a 0` 1 ¢ ooca Mi tpyd LL 3 d D� a g F` G� y@@ gg o V W �� a� a+Qa $F �i gg33 FR 3R 6 i��f a 9 h0 �tlF� 'yC 2YY� C �+ pas pgg tt 3 a VIP � HIS O O 71 0 �yE O 0! � a a A o �d' I J I � I ■■ I I I S I I I I I I I I I I I I d I I . t 7A-9 NEE 11. 1 O ��'- ��m�mwwm.�.am.ma��o■w.wwmrmmrw _ ���wwma.��,mm��eamsw•v�aaam�� d 7A-10 Y Hpi y]y] QQ igRg� A S ajJ I 1 p ZE 695 S8 S �, qq ypp �S eA 0Y 6y yqQ y� 8Sl gy 6 I :ca.`eesome INIC.allIN, cas�seaee� Qri Q Y pig a fad � •ki �y I� W4 K �Y � F- 3_ Z 2i aLLJ e O 3 . 33 z R M S LLJ W b O o W (N LiJ J U V) � a Q Sid O R. 'Ot�i C) 'ON - a Ob Q n' aa i :E $ ? Sg cR Y4C LLI cc S e 1 Y9wKfoN\ttv\NMI A-� :./� 7t e >-1 1 1 N 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 i EXHIBIT "B" Q, o CD @ o� ors cd o IF 90 I I i �1 r Page 7 �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 8` 5110 .�ordac-17�iv� 3 3zo/ &¢.a .¢,��� 7 oi6a -To, ,b o -, - / REC'D 0 C T 0 31996 Page 1 of 2 4k,;,. 3 13 3 3 s'-10o �- ou 6� & 3 3 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 YP-FILES\ESMT-RO\\'.-PV\PV\CIMPETIT. ION - August 13, 1996 Pagc 2 of 2 sm !J . }iT7 ii i L IE HI St.RIfY A-/604 ��y{n...1A 1 1 I LI j 1 6A1 . - g ! �� ♦ E812 66 T `•�� 681A 661 3�A i + 4' 3A j -._.y - j i 696 682 1 2B 2C 2 2D 2 6B5 6 6A1 i i _._-J l i i i �.-. 683 ♦ _ G XS♦. i 113� 1689r--- I L._. to EJ 6811 KELLER p UYIT 361 3D 3A 3 3E 3EIA 38 y 9 9 9A2 9AIA ; I 3F3 'F1D 5 SFB YIC i -QZ !� p D 2 D 3 9A 9A1 ! A R 3FIB 2 3C1 I SwDR 7 "..`♦ y9 �. 3Elu 98 -� 3FtJ 8 302 i -.-.-_'_._._ - _ _ �1 3E1K 3F1 3Ct 981 - ' "-7-� -� '-- 3Fl 3FIE 3FlL 3J1 � � 3H `. 3E1 ` � � ' S 1i• 9C1 I _ R 2F1 - - j - I- - 3f6 3F2 3F1A JFtG all , YI x ,0.S P _ 3F11 Yi oo 3 8 4A 4H 4G1 .- ._-�- _ 7C 7 7B 7A 6 6D 8A28 � tat NJ(DHH rr�� E� J. FRE ® n 29 7.8 Ac 2 29 < 7 -� 4J 4Gl- - j(if' -- T- - - 31.R�£Y A-sz7 19 Ac 3.3 6 k 9.5 Ac --..- Ac ♦,.1 ' 2 48t 8~ 4 6 6 8 8AM BA,2cADD• '- i 0'?� 4C2 i 7 2 7AI _ - ._l._ _ 9.64 k 818 B 8 88 J y 7C1 ROW 1 2 S t8 18 ICt ifY tC t 2C7 L7 2C1 2C2 2C3 2C9 2 i iE. CL 192 riC.'Q 2 2 i �11JX5 '------ -- i�7_-_ 4. nDRENCE — �I '~ III 1B1 IG -.J rate K EIBL SCHOOL 12-8 k 1 ♦.♦ -_----. ' 13 cJT — 2 I _ IE `- - J ice. 21) - 161C _ j I 1 ' 2E Q 0 IBIA - -- _ I 9.3 Ac 2F 20 k 2F1 I ♦. V Z. _ 2C14 2C15 201 IK 2F3v_ _--T-_-�- 2AIA Q '✓ m 2A1 7 2C26 IA I i wv tA1 -�T� 4 G - SA2A 5 Q 4A 4 4AIIA 1PA4A 1 //'�► Qp� pp r� V. A LE - ---- 1 5 6A 6A1 M1A 4E01 41-12 1 A-m - `--, 0 4At 4L ' 5C1 1 -*'ER ,c ,AI µill. 4A 4Al2 4E KI - I 5 Ac 112 10 Ac !H cs A{ At 58 15-2�Aflk - {W7Vi. ,TIN 4L Q ' �'7 I 1 A 4 i 2A2 IA28 ADD 6A1 68 6B2 6G 6 6E i ii 6 016 48 4C 40 6 Ac 2 k 5 Ac 7 A i' 18 O 68 016A to 682 018 9.85 Ac 9.E5 Ac 19.7 Ac 681AI 61318 F IA lAIS }6.1 FA-1sJ4A19 �7B s TRACT MAP 093 6E F-i ADJACENT OWNERS J AND ZONING I Spin Representative #15 I Wayne and June Haney i 1 2 3 4 1 L.D. Tucker GRAY LANE CR S 2 A J. Anderson M A�� 3 4 "SF-1 All A Gibson I ,VVe r I RJGernes JORDAN DR Prudential Bache; Prudential Bache IR 4A13A.171 TR4A14A .165 Q 4A17 T097AAC TR44.ACA r �. :JET TR7.4A14 . AC v I pON 1 2 IN J 0-' 3 J Wilder C Q "S F-1 All "AG 4 M TalaberI B Brumbalow W SOUTHLAKE BLVD TR 4A3A TR 4AIA TR 4A4A .06 AC A TR.4A3 TR. 4A1 �A3 2.0 1.34 AC I 1.012 AC I � - I -- 7B-6 TR.4A10 Tn J Brumbalow W Brumbalow TR 4E( 1 I ��s gg Y K OF, k LL v� Yn Y:ob p:4dieg ZCa JOYd 'WJ 7U7W MOT'BMWB }Y!3 A)MB MO)YM07VO W 71j3 tl7l lYM MOri9nOdg }Y13 ]4/IM4Y' YI . Av IJ✓xlS6Y 1�ua� of A .t:W - l7 —Yt'+ `cTC7-�/$.�---I— .. ( mn A .11.i ✓_-- `[0 L Co rn rn 0 F— .a 3 F �`e E- Fiat � oh � !� • 2S3 .d 42;SSiD2 296°r vg ��=21i1 e2j s :s L "- _ AY A31dYS N]1T' 'J 1nr ` `� JOMSBY A3k" MJlSU 7'0 %t 2d * y� �• 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. L:\WP-FILES\MEMO\96CASES\96-134CP.WPD 7C-2 a "CY A-6496 po 18 ca HALL HALL 100 A-687 SU?VEY A-695 -F3LVj CY N .... .. .... IA rL 5c 30 TIE I 2 OF W2 I m 50 U 4—A P, 9A� r Ac Ac L 10 A, 6 k ��l LA L 00*00 Byron Nelson Parkway R.O.W. 423 AC U' 20 J) 3H 3H V3E p Wy 3G r- Q IF 2BI 20 5 Ac 4 48wyR� 4 A, 0 Ac _hT. � XtA 20A j2C m 4 4 AC 4 Ac HURAN Q %Wo SVRKY A46 6 Ac r.4 0 Ac 10. 5D 50 IN PARK I Ac L i -All SA 22 Ac 303 3c 3 Ac • .665 Ac 3.4 A. 3 Ac M2A LIAI 304 3n, SC 3A ;A1 4C 40 146 381 5-.9? Ac 356, 3DI kc� -, ?2.11 Ac 3D 302 zu 2 21 Ad- DIAH W', H1 HT 20 Ac M . . . 'T I 1A is t3 lm-m-,,_ 2A X X� S TRACT MAP 7C-3 Y ADJACENT OWNERS AND ZONING 2 --T I.A --- -- ---� 26 36 - — 4 -- -- 5 �— — — SOUTHLAKE BLVD- - 8 TR 5DZA TR 1 —� .9�. 100 . 11 - 13D 7 14- I 22 15 20 21 17 16 l ,18 - 197 ZA96-134 1. 2 Diamond Ltd. 1. 01 2. Diamond 1 Ltd. 2. C2 3. H. Liao 3. C1 S 4. State of Texas 4. AG 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. AG SF-1A 1 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 r uty oT uoumlaKe, 1 exas . 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 F[t.BS�EV96\9b-134CP.2 7C-7 T71' rixuvxyvufm mvinl SMU mouayMLLVHDVrMMU ILL, t d FM ...... . . .... . ol c < CQ o z0 C43 u City of Southlake, Texas 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. L:\WP.FILESVAEMO\96CASES\96-135PP.WPD 7D-1 H&LL 1014 W.W. MLL A A� $Lft%Cr A-495 I R op, T -FLO AAL��O"' PAW 30 1 if Is Ac 22 Ac ___aU 313 3c 3 Ac 7.665 A, 14 A, can) 33 3 Ac _N)2 .4 f (31 ID i. . . x 1 3n, 2 SG Y SE 501 W2 f 38 4C 40 3C2 UA 3m Ac 156 At 38)' N 10 Ac 6 Ac 4.57 Wk W LA 22.11 AC 30 302 F 0400 Byron Nelson Parkway R.O.W. ee W 2 '4 �t ji I 2AIS 3 40/ 423 k 1310 21 AC rf— OREDI H W.". -,HRm-H*T 20 AC SAY"C"r 5 Ac 42 ya to 67. U L� • -iT —i'irTi - _L 2�1 3c 3c T T • TRACT MAP Y 7D-2 W 281 ADJACENT OWNERS AND ZONING 1 2 26 — 38 — -- --4L 4 -5 4 — — SUUTHLAKE BLVD --12 �- 8,TR 5DZA 0 14 TR 1 11 O 13 D 7 �4 22 _ DI ' 15 20 21 17 16.4 ,18 .. 19gi ZA96-134 1. 2 Diamond Ltd. 1. Ol 2. Diamond 1 Ltd. 2. C2 3. H. Liao 3. Cl �S 4. State of Texas 4. AG 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 7D-5 y f use t p oil Ali: i! I 1. '12 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 ��� . 'mow w ©� � 71� tJ U.. ■ y��1 © TIA j 1 N M 2a MIMI gas 2MO 34 2C1 s 5a ^�� SA2 3A1 2a 202c a of 2: v 2CIE 2A, 2w 1 Sam i Sae N�T W f Sax 2A 1--- 5828 MA 5A Wl IN to NORTHWEST PKWY x � e V EAST i � >a w i i ,A fARRAR ; I g err-� �•�.:_.���,:• 1� is IM - 15 �IaE:-.�E 1 Ap pin #7 Representative M.-L_- - ADJACENT-OWNERS ANDAND ZONING tr BI ,7� w z - 3B3 z r �A _391 3 B 2 '--� „ _ „ i m C 3 ;t Rd. Partners I J. Parker L Sf 1 E 2 _ H. Bunch' Southlake IR _2 C— i Q,- Kimball Venture „C_3„ Southlake—Kimball B1 Q m Venture � . „SF_1 A,.2 C J. Miller C/� 2A 2A3A1, 2F H. Carr 2 ` ` , R. Lyford ! I 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 I ., 11 ►M I 1-t-11M.Mrsm�1 M ARCHITECT: - 16 . � 1 WAR, .1 1 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 96619 9100 lr IXl'3�Id�Hlf1� � �s o• s � 4 0 �• ��$ Troev ld � 3�d-w-nos VN 'M 2,,egoy s � A 7E-9 966L 8 Z 100 QM 'Xl '3�IdlH1(105 �� g o� s 1 4 0 �• LTrvN;a>+ ld wFullao 35i nos Ap>l •M :we4c)U s m f 0 0 i LL 7E-10 96618 8 100 M os "WM wu «a i %UM L w uas von on PM pow" m mm -Iowa" 11`d Lja.LN= a>It/"11-11f SOS 0 u l a o a a 1 4 0 a Nab •M aJegod L 7E-11 �I Z 0 Q w J w I F J 0 m TIVENDI IV HalMaO a)MHIfIOS NV"ld DNIOVUD Von al ns PW" pummart Im IllaX i-iaqog iiiii A awou MHOORM 'a (IYOH TIVOU 7E-12 cn CQ C-0 2L .te L; a A f i I n— a a 7 W F, 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. L:\WP-FILES\MEMO\96CASES\96-117SP.WPD Qe � F=Z i ;;`+..;j 5A 1 i Ac . _,.303A JD 3C 3 Ac 7.665 Ac 3.4 JDt 3D2 3 At Ft �� 3A1 3D4 'm I X 3a ,o 3B1 Ac 3.56 Ac 3D1 �. 15 Ac ; t 22.11 Ac 3D2 401 4 3 ,J 20 Ac 50.71 Ac .--I 30.6 Ac . L� i 2 T y 20 2D 2K 1B 1 ; i 1628 x _ 1s At cJp , � RR� - 1BI 2ATA M i 2 2A3 3 Ac V 2A i - 1C 2A3A 12.09 Ac .._._. 1 —.....3A IA • 4 ` 13.6 Ac I34 �I I lAc'; sk fiG 4A1 I--t—•j'� gd' 4A, I i 1 , 1 Eu 6KI� � 1 _ �rJ I ZD At I ; i 1 m 1104 40 /� n @ I�4—. LE-•' L� I 11DSA1 1 1 3B3 3 4A _ A— W RAINBOW Sr. 6A1 �_. 1 I„ I I I i 3 Ac 6.15 At 8A1 A1A 2A 28 2CI ------------ I i 6A 1 631Ac I '. 6A1 IA2 W W1. •�1 .1. ,A 2C p J 6c sD sE6C i 10 Ac 10 1,N 13.4 At 43.01 AC I I ; 1 1A1 — BAST cwnl+EnTLL+.� 2A2 Mc ®W, i i 1A 9 .2F _ • I $LR1fr _,-- ��� A=IMJ IB 181 IA �( 2F71 IA I >nm _ ___ _ 181Alaw — I i two �/I` 2 ?A1 16.3 Ac p 1BK IBM IBt� OF m IB10A IB6f1 — — - . — zA3 N 17 Ac •— m 1 1BKlB4K2 t810G 02 ,Bloc Ie, 06Q 15.6 Ac Iw 332 I ID 1 I I- low 1858 1 4 106E Im IB, ' jJ O • left IBW I_ IB42 11 I 106C Fl�� % — c. ' 1 R 44.% Ac 2E, 181Y! IBK1 IBIIAA 1B4L6 left 1898 IB6a IB68, (1pr4 App l l Ac IE4 31.61 Ac 181112 1940 181 1 IB4p lag I l —IM ta781 1B6B! I%B2 lA, mama*TH 531 Ac MWI to& 4A 187C IB7A 1 >B6A1 16f i 2E6 1B3 ,BIB 48 La f7l1 Ua1. - 2E7A HARRISON rolON lS R WIN c3UV DE KER 75 a`- —_ lA1 201 M 20 AA/tf7',.d` UpPJ. 2E SMI£Y A-4Je — • Go,. 2NI2J1 2N 2C l�� �M 2 30 Ac 0 5 I"fV1' R. iAtA a ADJACENT OWNEK5 AND ZONING SPIN REPRESENTATIVE #8 PAT MINDER ZA96-117 i "AG" C.A. Prade „AG„ Lakes of La Paloma TR 4A 2.0 AC Rucker Family Ltd. Prt. �/� �) "AG" TR BAIA 1.0 of G IR 8A2 2.(12 AC TR 8A I.610 AC q i0 i I 12 it r,n 1 �Q 111t8 I,n6. 1104 oil I TIZiA3 "PUD" M. Kercho TR lA 1 0 C `taar- 1 I � i W m z o1 < W 1 u J j tt�'jj 8W m L . �Z > S W �rc� s =a 15 � A t ¢ I (3� Y ri y�W■I�Y Y wr a e Y w Q tll�i�'dOri � 1 1 - llfLLf �OYq I .. L xAR.6C.6Yx � E6' --=g— a __ .' 1.J r--------- s---------- �°L= ---------- —.s»_ ......... -- a uvy or boutrnaKe, 1 exas No: ZA16M Project Na Review No:.Three Date of Review: 11/01/96 !. • ,l. ' 1 01&t••, �� ! ,. 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 17SP.3 7F 7 r. ram_ rr�lnlr►grrwew � ( � s ti cn - � r-1 ' C o CU C3 cai — --4-------- Fj ItX- 11� III s �t�~ � • ��Cc7�Cf7 r.~�tG I, • 1 i t ®CCCGC�CO [�CCCGCGCO IiEli L�cc�G�GOs UNN rr0 j � � wsr�. f���r �1-� ■st�lr� aY.nlw � e,. A.iXMVA 'I Qd ELLVArdcl -YtrrnVSIM Illllll�e�� �' g •vN rw 7maa. f�na �nvsis� r r . IN�����: E mf i if tell qF q � z _ � W N V � � I I I 1 I I. I I I kyl � e 1 1 I I I m 6380447 P.03 c peer_ 1'%,00, Ila - Z.r •rr LJ 4- r 7F- II TO 6380447 P.02 �,� T,Lco �Op�►a,W..� 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 - 4 - 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 8 - 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 - 10 - 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 Y 6 .-/;2- - 12 - 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 �C-J3 13 - 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� 14 - 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 Y6- 1141- - 15 - 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 FG-1G - 16 - 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 ft''1% - 17 - 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 16-11 - 18 - 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. _ yd'If 19 - 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 fC -;.o - 20 - /018961533 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 re, -a - 21 - 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 Pd •,A;z- - 22 - 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 U .;W - 24 - 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� - 25 - 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. ye,-A7 - 27 - 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 - 28 - 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. Y6 � 1 - 29 - 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 - 30 - 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 - 32 - 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. 0� � j3 - 33 - 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 - 36 - 1018961533 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 ye, •3 y - 37 - 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) ":':: -: ":" II160- ": •- :"^ : i" :"'is : = 1OB-5 LIAMAMM .ijL_:. IN 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. c: l wpfil es I devagree 1 cmercial 1OB-11 AL)!'- ----� I G LAKE CREST j R € j I i I I I {I .l11 ii :I3 f & �G I I II II I II I `A No t<� rOrO I >� Is no_ a? ICI -- MM Nm I; R1 II II II I s Ij� I II I 'OrK, • 23S.W I .A cowLrl I 2 ao� ! mom^' N rmn -. I 0 I� i Ll- > A KII P V i 1 Ee � 1OB-12 m —.._..—.._..— ! I 1 lag �2� A oil IT i 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 il 6 11 oc oc SRI <ac d WJMNLLNOD i0i F�7 as ac X A Alp cttK R � b V C IL :a O c YOU A .G it 3 —ten 11B-8 .. ",Gv guru -Ulu "I .. c i _ - T11Y1la Yd 1YSIUNLLN6i 1 wmi I a 4.0 I lit! _ �+�.�,.. .,�.,, r;,..� __ fir ---a - .� '} � •>> .! j�. + �. ,r .41 ■ 1 { ( _. •� .- ;;•^•,`ft�l�1,��.:�,'^,. 1 � 1 .-�1 •.cam � ;rl ' : � i � � I fir lit 1 .Tj s i I� •�-_ rr... .r.;; �-. it t .��.J �� ___-_ ----'r ._•�.-.a: -- _ -_._-� �� �. A, r .I, s f;;_ 1• a cr . R n I.COi1IMtMiR R ttgTtf • .. . 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 [S0L95168JTA1d\sumrep.b= 11B-16 RT-r1 1Cn f-N i Yl9i. MARTIN •a DART :{R,EEDl:_____ -- / YI•. .. . f sill 1 mr PLO j KL R./f Oh' •.•r � __?' _�_ ._i_�.. gyp•-1�11.'Q• . spa " 69119k33 ill._: L -• :. :` V —QI iTHO j. WALKER rla �•._ .eE'�fv:':.-{ Ii - _ c� ;...xy.tc_.-�:_. �: . t[ i aun o w•r � i 1-...-_..- — -�- = • , •. s �� -mil • 1 �j • V ••i'• i• _ c 1 F p.� -1 _ 'fir• n I : Ld• . ' L _ ''c'• • 1 - �••• —� f= .. / _ � .... __ � �.R - •- •. LrFLEEEi . 7SILL �I-•-'#A `, 'i•� AtL1ER - 'j i R• �j .. S li r— r • 1 i-::k:! JOFI?t J�FtI£SNR Y •L�` r�• _ _ �"-y''��1�� ' :' • i�ia�ij . Oil , 1711 Al ' I �'__V fly'=•• -__ �• ■ ': Qt, i�' •�•� i_ - _ �`-�L --• , w i 1 _ '�•� -'�'-. ` ••.•c• Lr,., #L.Lp _ _ / -1 {�'�'t •� far+. _ ... _t . __� _ _ V.-•-_. i � ��4 -•Zk •+•��-+••••r-:�' ..al-t'y', +cam-�i��•y.._���'�•- - -- i1 }.: _.__ t •..: • Q i ��j ~ �K^ • ins F 'itL�i + � a � 1�P1�'1. - -- t � J � � _� _�L. _ . _:� • ' ' .,i: _:._.1 ` t. r LJ i �--•r-ter Q. A - ll . j •�::.y ` ... � t+ � � - - , - ........ C � IpAAit GAAI�. `il �•� • - '� ���..._ .�. -w..., j —i . r �:• �--: .. `� ' i sty'-=• - - l- }'3 € j�•� = •wM ►i��•' `i� ai � �T S S�NO@1P1ON- _ _ � - � ,r1�v ��..nc- +� •` I 1 .� 1 .• B.J. N:'D4-4 iif�/� . i.l j i i I 1 a `�Iv-•` •)r � ;...+ � . G,..� �'� ;- •.ill _ f41ap ow cmr.+ a_ ES �.; i � et�t � I Loan . � "�,:•:_ j a LAJ CLAY BP .. ■. \. a F _';•�� ' r / :'_2?� sA," K THOUP 0 �r¢d+- /------ I ---' •..-ILI L FR AN I i pOXS I � i • j - L Ht98BW i I ` :�I_ •� • •r . r.•r. w.. woos - � �_ � ' 1 i'Y " ' �� r••.0 •• .a.Y v •. O i •Ir r.+ta.LL sornrrnr '.. ..,e � .wrmewrr aern•tne.s . � 1 ' �tg• �I WrNWTV- —I r . t/Ir , `YOt. 11MY .n1 r•eMb•1 � (gTTACH M ENT 2 .. Title ;.,. Cor�rrzt�EtsrAl—P.Ii-R.K_ D Date' Df}M RNn RiFsEtVDLp By: IDou+l'157RFRM �Makq 1 \ � APPQoX. 20 \ (MAX. SECnV4 \ sECTTC24 A-f 11B-18 Pare Of tI I )/-tC:HM6NT- 3 Title ; CowTTNEwTgL PgkK DAM Date .. CON CRE-7- SPna-Tr, ... By . 4. CONCeE7E SPLLLWF} Y PL(FN L94� WF1LL Q: Y' 7.3 i 1 ' PIU.WHY SL.HB r -- S ECTU:QN AL M i L 1F, 1m;I- swcass"Cloc" 11B-19 RPPRox_ T OFOF OAM 2.8 6" ell r 1141+ SECTzON 6-B Page Of PTT-iCHMENT �- CoNm�tpN i--Pr , .�.�P�r .:. m, - C RR _K orar m (CONCRETE SPZLLw&'_r .-By.: IS C"CK OPEN I of ON - DP of a-�v 1NG wRU,_ �- OT�i-Ele CRF,C?5 oFN FIPPRoX. -Ll+'� � CT-10-. ,ob�O�7A�.i *ALL) P L F} N I IB-20 rill,PaCra of iq I r79 C44 M FNT 5 E Ma) o> 1 U Flo Cd CU N OCO U (Ul) IS810 18AO Iana-1 ONle-1 11B-21 0 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 1 171.' t J .v ♦ �. lY.'�� _ l �Z.� ` \"`�:;4 r'4. d Y!'r✓_ ♦ �:,. {',"'�ti'•!ti_, ;';'�JM-qJC"�'�' rty,.�w!;� YYi f"!A=\.7�1�u.:�f���.d; ��r�i/1.. .1 ;fir .G���.` �1,tik t •�.. F VV11��J 11\L.��v� JLv. �. .\..._. ..• vas... �.. �.. .�._. �. .. .. .._. �. __ _ _— - DIP IN THE SLOPE_ CLOSE-UP VIEW OF DIP IN- DOWNSTREAM SLOPE NOTED IN ABOVE PHOTO. PtlgT$.%RAPH8 PLATE 3 0 x^: y IV N'. I o' , �o- 1-7 jr 0J4 lik 4y, zZ 11K 0 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 / ��I _ N •�' •�9 J � � "'- •,ice _ J6 • i ` N i .44 - - =ram•; _ J `; s 1•ti�t. II 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 Y 11 D-4 x tr. F s'i, 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. =v w" FAW ON CST 11 D-5 W U O LL- Z w cr r- M 11 D-6 w 0 a C� m n V) 0 W N J m a V) co 0 C Z N F- a O CC F` w CL z z � N w fY w Q- O Q F- F- w w F- w w �- _ c ti O M N z O U F- • Q w 0 z z F- N J F- Q I c N O N w U 0 X z w Y 0 w U w CU Q w a J J F- � O 11D-7 N 0 O z N W 0 a W c� m :D o U W 3 ►v U Q co 2 N cD Z O F— Q o O p \ M \ N v U z �- m z O 'Q Z p U Y Q W M IX Q O: 1— c O 1— — 10 W a. co I— ir D M U U Q U N Z F— V) X W N 11D-8 N W W F- p w a ., ... - C� Z •' m O O U N p W U W U 3 N � a ~ o V) z m ~ a w Of V) LO co •�' w 'z- • p H _•• m O =:. cr V) CD N 11 D-9 w 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 (4ww' 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 Lai (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